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BCC Minutes 01/12/1999 R January 12, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 12, 1999 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: Barbara B. Berry Pamela S. Mac'Kie John C. Norris Timothy J. Constantine James D. Carter ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney Page 1 ..._w..... - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA Tuesday, January 12, 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 - Reverend Paul Jarrett, Naples Church of Christ 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 A. December 1, 1998 - Regular meeting. B. December 2, 1998 - LDC meeting. C. December 8, 1998 - Regular meeting. 1 January 12, 1999 ."__ ._~ _~.___u___ D. December 11, 1998 - Emergency meeting. E. December 15, 1998 - Regular meeting. F. December 18,1998 - Workshop. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming week of January 17-23, 1999 be designated as Purple Martin Week. To be accepted by Mr. Carter Smith, President, Conservancy Purple Martin Society. 2) Proclamation proclaiming week of January 11, 1999 be designated as Collier County Safe Boating Week. To be accepted by Mr. Dave Williams, President of the Marine Industries Association of Collier County. 3) Proclamation proclaiming week of January 17-23, 1999 be designated as Dr. Martin Luther King, Jr. Week. To be accepted by Mr. Jerome Van Hook, President and Ms. Julianna C. Anderson, Vice President, Collier County Branch of the National Association for the Advancement of Colored People (NAACP). B. SERVICE AWARDS 1) Arturo Herrera, Parks and Recreation - 25 years 2) Clyde Ammons, Building Review and Permitting - 10 years 3) Danny Dominguez, Stormwater Management - 10 years 4) Michelle Edwards-Arnold, Code Enforcement - 10 years 5) Paul Balzano, Building Review and Permitting - 5 years 6) Irving Berzon, Pollution Control - 5 years C. PRESENTATIONS 1) Presentation to Ron Fowle, Sr., Naples Car Wash, of Certificate of Appreciation for =~ - building Imllrovements within the Gateway Redevelopment Area. (Commissioner Mac'Kie). 2) Presentation of keys to a 1999 Ford Windstar by Bob Black of the Ford Motor Company to Barbara B. Berry, Chairman, Board of County Commissioners, for use by the Veterans Transportation Service. 3) Recommendation to recognize David Weeks, Senior Planner, Planning Services Department, as Employee of the Month for January, 1999. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN 6. APPROVAL OF CLERK'S REPORT 2 January 12, 1999 A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Mr. Jim Weeks regarding the Collier County Land Development Code. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Nancy Oehler, representing the Naples Philharmonic League, requesting a waiver of a Right-of-Way Permit fee for a Run/Walk Event held on November 21,1998, within the Pelican Bay PUD, Collier County, Florida. 2) Pat Lewis representing First Assembly Ministries, requesting a waiver of a Temporary Use Permit fee for a Craft Fair Event held on November 13 and 14, 1998, at 2132 Shadowlawn Drive, Collier County, Florida. 3) Presentation to the Board of County Commissioners of the 1998 Annual Update and Inventory Report on Public Facilities (AUIR) as provided for in Section 3.15.6 of the Collier County Land Development Code. B. PUBLIC WORKS 1) Award a contract to Bonita Grande Sand Company for the production and stockpiling of beach comllatible material associated with the Collier County Incremental Beach Maintenance and Management Plan. 2) This item has been deleted. 3) CONTINUED FROM THE MEETING OF DECEMBER 15, 1998 - Approve the Livingston Road Utility Facilities Reimbursement and Contribution Agreement. 4) CONTINUED INDEFINITEY: Authorize the Transportation Services Department to remove the non-warranted traffic signal at the intersection of Goodlette-Frank Road and Royal Poinciana Drive. C. PUBLIC SERVICES 1) A follow up report regarding an effort to establish a Municipal Service Taxing Unit (MSTU) for the construction and maintenance of a neighborhood park on Tract 179 located in Golden Gate. D. SUPPORT SERVICES 1) A Report to the Board on the Progress of Year 2000 Compliance. 2) CONTINUED FROM THE MEETING OF DECEMBER 15, 1998 - Authorization to Purchase a Digital Microvax 3100 Computer to Run the Water-Sewer Utility Billing Software and Database. E. COUNTY ADMINISTRATOR 3 January 12, 1999 _._~ 1) Project assignments and priorities for the County Government Productivity Committee in 1999. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to consider a settlement proposal in Cruz v. Collier County, Case No. 98-0040-CA-OI-TB, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida and give the Office of the County Attorney and the Risk Management Dellartment direction in responding to this settlement proposal. B. Recommendation that the Board consider but reject settlement proposal from Plaintiff Robert P. Richman in the lawsuit styled Robert P. Richman v. Collier County, Case No. 97-419-CIV-FTM-23, now pending in the United States District Court for the Middle District of Florida, authorize settlement of the case in the amount of $27,500 and approve the representation of the individual defendants by the Office of the County Attorney. C. Recommendation for the Board to waive the Purchasing Policy and authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for each of the county employees sued in Klingerman v. Collier County, Case No. 98-492-CIV-FTM-23D, now pending in the United States District Court for the Middle District of Florida and also give the Office of the County Attorney and Risk Management Department direction in resllOnding to the Plaintiff's outstanding settlement llroposal. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Appointment of members to the Library Advisory Board. C. Review of the Four-Year Rellort of the Affordable Housing Commission D. Allpointment of members to the Parks and Recreation Advisory Board. E. Appointment of members to the Lely Golf Estates Beautification Advisory Committee. F. Appointment of members to the Workforce Development Board, Region 24. G. Appointment of members to the Ochopee Fire Control District Advisory Committee. H. Appointment of members to the Isles of Capri Fire Control Dist. Advisory Committee. I. Status of the PGA audit (Commissioner Mac'Kie). J. Request for reconsideration of PUD-98-7 Wyndham Park denied by the Board of County Commissioners on December 8, 1998 llUrsuant to Section 2-42 of the Code of Laws and Ordinance, Collier County, Florida. 11. OTHER ITEMS 4 January 12, 1999 ---..- - .-..- ..-.--- ----- A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIA TEL Y FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) CONTINUED INDEFINITELY. PUD-82-16 (1) Karen Bishop ofPMS, Inc. of Naples, representing Henry Krehling, requesting an amendment of the Krehling Industries PUD for the purpose of adding commercial and light industrial development to the list of authorized uses, and reconfiguring the PUD Master Plan, for property generally located southeast of the intersection of U.S. 41 and Old U.S. 41, VI mile east of U.S. 41 at the eastern terminus of Wiggins Pass Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida, consisting of 15.26 :!: acres. 2) CONTINUED TO THE MEETING OF FEBRUARY 9, 1999. Petition PUD- 98-17 Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 :!: acres. 3) Petition R-98-6, George Vega of Stanley, Zelman & Hanlon, P.A., representing Ursula Thompson, requesting a rezone from "RMF-6" to "C-2" for property at 2831 Becca Avenue, further described as Lots 45 through 50, Rebecca Weeks Subdivision, in Section 111, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.02 acres more or less. 4) Petition DOA-98-3, Donald W. Arnold of Wilson, Miller, Barton & Peek, Inc., .. ~-- representing John B. Goodman Limited Partnership, a Minnesota Limired Partnership, requesting an amendment to the "Bretonne Park" Planned Unit Development (PUD), for the purpose of eliminating commercial land uses on commercially designated tract and replacing those uses with an Assisted Living Facility (ALF) that includes a skilled nursing facility and other ancillary uses, increasing the building height, and providing develollment standards for the proposed ALF for prollerty located at the northeast quadrant of Davis Boulevard (SR-84) and Embassy Woods Boulevard in Section 5, Township 50 South, Range 26 East, Collier County, Florida. C. OTHER 13. BOARD OF ZONING APPEALS 5 January 12, 1999 A. ADVERTISED PUBLIC HEARINGS 1) Petition V-98-17, Jerry Neal of Custom Dock and Repair, requesting a variance to construct a boathouse on a dock extending greater than 20 feet into the waterway for property located at 26 East Pelican Street, Naples, Florida, further described as Lot 23, Isles of Capri, Unit 1, in Section 5, Township 52, South, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to apllrove the final plat of "Pebblebrooke Lakes Phase 3". 2) Request to apllrove for recording the final plat of Pelican Strand Replat - 6 and approval of the performance security. 3) Request to approve for recording the final plat of "Willow Park", and approval of the performance security. 4) Board approval of agreement renewals for a period of one year with hydrological consultants and cleanup consultants. 5) Recommendation to approve attached Satisfaction of Lien for Public Nuisance Resolution 85-233 6) Recommendation to allprove attached Satisfaction of Lien for Public Nuisance Resolution 98-149 -1) Lien Resolutions - Code Enforcement Case Nos. 80415-035 - James Bruskay; .... 80415-037 - James Bruskay; 80429-038 - Brenda J. Gable; 80429-051 - Maurice R & Karen C. Skiffey; 80518-037 - JP & WF Fox 8) Lien Resolutions- Code Enforcement Case Nos. 80109-018 & 80109-019 - Leonard Wisniewski; 80323-060 - William B. Smith Jr. & Craig Morris; 80408-050 - Hubert Bird; 80528-046 - HNH Ventures; 80618-066 - Ram Ventures Inc. & Faccooneer Tile & Marble 9) Lien Resolutions- Code Enforcement Case Nos. 80424-053 - Clarence & Alexandra Abrams; 80506-034 - Bruce T. & Elsye K. Whitmer, 80507-018 - Robert J. & Leslie Fredricl<son; 80508-047 - Marlene & Casimiro Eguizabal 6 January 12, 1999 10) Lien Resolutions - Code Enforcement Case Nos. 60513-049 - Sylvia S. Miller; 70407-027 - Richard M. Mershad; 80313-065 - Julia Koestel; 80324-012- Beulah Mae Coleman & Belihella Wilson; 80327-064 G.J. Byrne 11) Lien Resolutions - Code Enforcement case Nos. 80604-017 - Etzer Lalanne; 80604-018 - Daniel vonRabenaa, Trustee & Talcott Communication Corp. Pension Plan & Trust; 80605-021- Louis & Loretta Cambruzzi; 80608-032- Dominguez Estate- Julio & John R Dominguez PIR; 80608-068- Noel M. Williams 12) Lien Resolutions - Code Enforcement Case Nos. 80511-011- Mabel M. & Victor Charles Albrecht; 80609-105 - Thomas & Lorraine Sanzalone; 80615-017 - Sunbrella Homes Inc.; 80615-022 - Sunbrella Homes; 80615-023 - Sunbrella Homes, Inc. 13) Lien Resolutions - Code Enforcement Case Nos. 80514-018 - Henry Crawford, 80514-033 Stratis & Antigone Koulouris; 80515-027 Jennifer S. Brandon, 80601-088 - E.B. Bassichis 14) Lien resolutions - Code Enforcement Case Nos. 80220-095 - Bobby Clay TR; 80225 -022 Dreamscape Homes Inc. & Paul Acosta; 80309-053 - Maybell Anderson; 80708-027 - Clarence & Alexandra Abrams 15) Lien Resolution - Code Enforcement case Nos. 71022-079 - Alberta J McLenon; 80626-010 - Andres & Felipa P. Galan, 80626-014 - Andres & Felipa Galan; 80626-015 - Andres & Fclipa P. Galan; 80710-087 - Stuart O. Kaye TR 16) Authorize staff to submit a grant proposal to the U.S. Fish and Wildlife Sen'ice to assist in funding the I>rinting and distdbution of the Collier County Boaters Guide. 17) Lien Resolutions - Code Enforcement Case Nos. 80602-028 - William Fotre Jr. & Suzanne M. Fotre; 80604-050 - Marc D. Jacobson TR; 80618-064 - Ram Ventures Inc. c/o Faulconer Tile & Marble; 80619-002 - John J & Doris J. Petruzzi; 80702-065 - Kenneth A. & Roxanne L. Flaska 18) Request to apllrove for recording the final plat of "C.M.G. Plat" 19) To apllrove a Budget Amendment to transfer funds from the CDBG Bullard Subdivision project (Habitat for Humanity) to the Shellabarger Park project. 20) To allprove a $25,000 Budget Amendment from Fund 121, Reserves, to the CDBG Project Shellabarger Park for the purpose of constructing sidewalks. 21) The Board of County Commissioners authorize a 100% impact fee waiver of road, library system, parks and recreational facilities, emergency medical services system, water imllact fees, sewer system imllact fees and educational facilities system impact fees for one house to be built by Antonio D. Camallery in Naples Manor, Collier County, said impact fees to be paid from Affordable Housing Trust Fund, (Fund 191). 22) The Board of County Commissioners authorize a 50% waiver 50% deferral of road, library system, parks and recreational facilities, emergency medical services system, and educational facilities system impact fees for a three bedroom house to be built by Henry C. Nonhomme and Marie L. Alexandre in 7 January 12, 1999 "..--..- Golden Gate, Collier County, said impact fees to be paid from Affordable Housing Trust Fund (191). 23) The Board of County Commissioners authorize a 100% impact fee waiver of road, library system, parks and recreational facilities, emergency medical services system, water imllact fees, sewer impact fees and educational facilities system impact fees for one house to be built by Homobono Lopez and Irene Lollez in Naples Manor, Collier County, said imllact fees to be paid from Affordable Housing Trust Fund (191). 24) Waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services impact fees, water system imllact fees, sewer system impact fees, and educational facility system impact fees for three (3) single family houses to be built by Habitat for Humanity of Collier County, Inc. in Naples Manor and to fund said waivers from Affordable Housing Trust Fund, Fund 191. 25) The Board of County Commissioners sign the partial Release of Lien to correct a scrivener's error removing the lien against a portion of Tract 123, Golden Gate Estates, Unit No. 18. 26) Request to approve for recording the final plat of "Pelican Marsh Unit Twenty- Two" and approval of the performance security. B. PUBLIC WORKS 1) Approval of a Declaration of Easement f."om Collier County for the Vanderbilt Beach Road Four Laning Project (Hammock Oal{ Drive to Airport-Pulling Road). 2) This item has been deleted. 3) This item has been deleted. 4) Reject Bids received under Bid Invitation #98-2881. 5) Approve an Alternate Road Impact Fee for the Heritage Greens Golf and Country Club based on a site-specific computation and authorize the refund of prior oveqlayment. 6) Award Bid #98-2860 for Underground Supplies. 7) Approve a Budget Amendment to recognize carry-forward in Fund 414. 8) Accellt Two Grant Agreements from the South Florida Water Management District (SFWMD) in the total amount of $400,000. 9) Recommendation to Award Bid #98-2878 for Emergency and Scheduled Sewage Hauling. 10) APllrove Amendment Six (6) to Professional Services Agreement with Metcalf and Eddy, Inc., for the North County Regional Water Treatment Plant 8-MGD expansion, Contract #95-2323, Project 70859/70828. 8 January 12, 1999 -.'.-.---.--,.- -""'-- 11) Approve Change Order 12 related to the North County Regional Water Treatment Plant EXllansion, Bid 97-2690R, Project 70828170859. C. PUBLIC SERVICES 1) Approval of a time extension for the Park Impact Fee Study Agreement. 2) A recommendation to the Board of County Commissioners to award the development and design contract for the North Regional Library to the architectural firm of Barnay, Schmitt, Weaver and Partners, Inc., and further that the Board a(l(lrove a budget amendment dedicating the resources to fund said contract. 3) Authorization for the Chairman to sign a Recommendation For Reappointment of Dr. Marta U. Coburn as the District 20 Medical Examiner. D. SUPPORT SERVICES 1) Recommendation to Award Bid No. 98-2879 for On-Call Electrical Repairs and New Installation. 2) Approve a Resolution Authorizing the Chairman of the Board of County Commissioners to Execute Limited Use License for the 1999 Calendar Year. 3) Approve the Three (3) Resolutions Authorizing the Board of County Commissioners' Chairman to Execute the Appropriate Documentation Required to Expedite the County's Land Rights Acquisition Program for the Calendar Year 1999 Chairman's Tenure Only. 4) Approval to Award Bid #98-2895 to Multiple HV AC Contractors for HV AC Equipment Repair and Maintenance. 5) Approval to Award Bid #98-2897 to Wayne Wiles Carpet for Purchase and Installation of Caqlet Tiles. 6) Authorize the Cancellation of RFP #98-2825 "Time and Attendance Software/Hardware Application." 7) Rejection of Bid #98-2876, Purchase of Protective Footwear, and Request to Utilize Dade County Bid #1802-2/99-1 Awarding a Bid to Lehigh Safety Shoes, Inc. 8) Approval of Sun Life of Canada as the County's Basic Group Term Life Insurance Company. 9) Apllroval of a Resolution Authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to Execute deeds and Agreements for Deed to Right of Intcrment for the Purchase of Burial Lots at Lake Trafford Memorial Gardens Cemetery, for the 1999 Calendar Year. 10) Approval of a Resolution Authorizing the Execution of Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust Conveyed to Collier County by Avatar Properties Inc. (Agreemcnt Dated Novcmber 15, 1983) by the Chairman of the Board for thc 1999 Calendar Year. 9 January 12, 1999 ,-- ___._n_ 11) Recommendation to Amend NOAA Weather Radio Transmitter Agreement. 12) Award of Contract for Construction Manager at Risk for the Construction of the 4th Floor of the Courthouse and the Immokalee and Naples Jail Facilities, RFP #98-2829. 13) Award of Contract for Architectural Services for the Design of the 4th Floor of the Courthouse and the Immol<alee and Naples Jail Facilities, RFP #98-2867. 14) Authorization to Enter into a Contract for Program Modifications to the Cash Interface Software for Utility Billing. 15) Approval of Modifications to the 800 MHz Radio System Infrastructure. E. COUNTY ADMINISTRATOR 1) Allllroval of Budget Amendments. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed H. OTHER CONSTITUTIONAL OFFICERS 1) To seek Board endorsement for the Collier County Sheriff's Office grant aplllication for continuation funding from the State of Florida STOP Violence Against Women Grants Program. L COUNTY ATTORNEY 1) Recommendation for the Board of County Commissioners to consider and apllrove a proposed Settlement Agreement and Mutual Rclease regarding Pena v. Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, Case No. 94-3944-CA-OI-HDH, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment to the easement acquisition on llarcel no. 148 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 11" day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Goldcn Gate Parkway to Radio Road). 3) Recommendation that the Boal'd of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 150 in the lawsuit entitled Collier Coun~v v. Ronald G. Bender, Trustees Under That Certain Declaration of Tru!>t Dated the 11" Day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkwa)' to Radio Road). 10 January 12, 1999 "---- -_.- 4) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 151 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17''' Day of May, 1991, et aL, Case No. 93-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 5) Recommendation that the Board of County Commissioners approve the Stillulated Final Judgment relative to the easement acquisition on parcel no. 152 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17''' Day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 6) Recommendation that the Board of County Commissioners allprove the Stipulated Final Judgment relative to the easement acquisition on parcel nos. 158 and 858 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17''' Day of May, 1991, et al, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). J. AIRPORT AUTHORITY 1) Authorize the County Attorney to draft an ordinance to amend the Airport Authority Ordinance to eliminate the number of times a member of the Airport Authority may be re-appointed; authorize the Airport Authority to advertise the ordinance for public hearing before the Board. 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 CU-98-17, Dwight Nadeau, AICP, of McAnly Engineering & Design, Inc., representing Everglades Golf Corporation, requesting Conditional Use "17" of the "A" zoning district for a golf course and related uses, for property located at the eastern terminus of Vanderbilt Beach Road Extension, immediately north of the C)'press Canal, one and one half miles east of CR 951, consisting of 261 +/- acres, in Section 36, Township 48 South, Range 26 East, Collier County, Florida. B. Petition CU-98-20, Donald A. Pickworth, P.A., representing Naples Golf Partners, requesting Conditional Use "17" of the "A" zoning district for a golf course and related uses, for property located to the north of Tamiami Trail East (US 41) and along both sides of East Hamilton Road, consisting of 82.48 +/- acres, in Section 17, Townshill 51 South, Range 27 East, Collier County, Florida. C. THIS ITEM HAS BEEN DELETED D. Petition PUD-98-15, William Hoover of Hoover Planning, representing John Mauriel, Trustee, requesting a rezone from its cUl"rent zoning classification of "A" Agricultural 11 January 12, 1999 _._~..-"---,. to "PUD' Planned Unit Develollment to be known as Mauriel PUD. The subject property is located on the east side of C.R. 951 aJlllroximately 700 feet north of Vanderbilt Beach Road Extension consisting of 38.99 acres. E. Petition CU-98-21 Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., representing North Naples Baptist Church, requesting Conditional Use "1" of the "E" zoning district for a church expansion for (lrOllerty located on the west side of Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road further described as Tract 7, Golden Gate Estates Unit 97, in Section 29, Townshill 48 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 12 January 12, 1999 .-- _.. ---~" January 12, 1999 Item #3 REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRPERSON BERRY: Good morning. I'd like to call to order the January 12th meeting of the Collier County Board of Commissioners. We're pleased to have with us this morning the Reverend Paul Jarrett of the Naples Church of Christ. If you would rise for the invocation and remain standing for the Pledge of Allegiance. Good morning, Reverend Jarrett. REVEREND JARRETT: Good morning. Heavenly Father, we come before your throne at this time so very grateful for the many blessings that you bestow upon us, as residents of these united States, and in particular, as residents of this most beautiful portion of your creation. We thank you for these blessings and we pray that you will give us wisdom in the use of the blessings that we receive. We pray especially that you would be with our Board of Commissioners, that they might make decisions that will be in the best interest of each citizen of this county. We thank you for this gathering, and we pray the good spirit will reign over it, and that this will be a time in which there will be encouragement given to those who make positive contributions, and that we might always be a people that acknowledge those who accomplishment things of note and of worth and bring honor to this country. We thank you especially at this time for our young people and for the positive contributions that they so often make, and we pray that we might always encourage that, that the future will always be of primary concern to our leaders, and there will be a vision for that future, that it might be a glorious one. We pray that you would help us to always exercise wisdom and that you will continue to bless us as we show that we are responsible in our use of those blessings. To your name's honor and glory, Amen. (Pledge of allegiance was recited in unison.) CHAIRPERSON BERRY: Thanks, Reverend Jarrett. Mr. Fernandez, do we have any changes to our agenda this morning, please? MR. FERNANDEZ: Yes, we do, Madam Chairman. The first is to add item 5 (A) (4), which is a proclamation recognizing the Naples Gators for the national championship. Request by the Board of County Commissioners. The next is to add item 10(K), discussion regarding the request for a joint meeting with the City of Naples. Requested by Commissioner Constantine. We have two withdrawals. The first is to withdrawal item 13(A)(1), petition V-98-17, which is a variance to construct a Page 2 ._--'..~----_.- --,,--.,.,.---. January 12, 1999 boathouse on a dock extending greater than 20 feet into the waterway. COMMISSIONER CONSTANTINE: Number on that again? I'm sorry. MR. FERNANDEZ: Petition V-98-17. It's agenda item 13 (A) (1) . COMMISSIONER CONSTANTINE: Thank you. MR. FERNANDEZ: And the next is to withdraw item 16(B) (14), authorization to enter into a contract for program modifications to the cash interface for software for utility building. Also, I'd like to ask that the board consider making one of their agenda items a time certain item. We received a request from the clerk this morning to move item 8(D) (1), which is the Y2K compliance update to a time certain. The requested time is 10:00. CHAIRPERSON BERRY: Okay. Do we have any other changes? MR. FERNANDEZ: No other changes, Madam Chairman. CHAIRPERSON BERRY: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Only an abstention from item 16(A) (1). It's a plat. I represent the property owner. CHAIRPERSON BERRY: 16 (A) (1)? COMMISSIONER MAC'KIE: Yes, ma'am. CHAIRPERSON BERRY: Okay. Anything else, Commissioner? COMMISSIONER MAC'KIE: No, ma'am, thank you. CHAIRPERSON BERRY: Commissioner Norris? COMMISSIONER NORRIS: Yes, ma'am, I'd like to pull 16 (B) (5) - - CHAIRPERSON BERRY: 16(B) - - COMMISSIONER NORRIS: - - and 17 (D) . CHAIRPERSON BERRY: Wait a minute, let's find these here. COMMISSIONER CONSTANTINE: Extended agenda. COMMISSIONER NORRIS: 16(B)(5). CHAIRPERSON BERRY: Just a second, John, I've got to find the page here. 16(B) (5)? COMMISSIONER NORRIS: Uh-huh. CHAIRPERSON BERRY: And you want to -- where do you want to put those? COMMISSIONER NORRIS: Well, I guess it would be 8(B) (5). CHAIRPERSON BERRY: 8(B) (5) is 16 (B) (5) , right? COMMISSIONER NORRIS: Uh-huh. CHAIRPERSON BERRY: Gotcha. Anything else? COMMISSIONER NORRIS: 17 (D) . CHAIRPERSON BERRY: 1 7 (D) . COMMISSIONER NORRIS: 17(D) goes where, Mr. Fernandez? MR. FERNANDEZ: It goes to public hearing. CHAIRPERSON BERRY: 17(D) wha t , John? COMMISSIONER NORRIS: It's just 17 (D) . MR. FERNANDEZ: That would be 12(B) (5). COMMISSIONER CARTER: 12 (B) (5) . COMMISSIONER NORRIS: 12(B)(5), okay. CHAIRPERSON BERRY: Okay. Commissioner Constantine? COMMISSIONER CONSTANTINE: You may recall, we had the discussion on the intersection of Recreation Lane and Santa Barbara, and we were going to have a report back on that first meeting of this month, which would be today. I didn't see that on the agenda, and I wonder if we Page 3 -..--------..-.,.-,..- January 12, 1999 could add that on so we'd have an update to where we are. Which I guess becomes - - COMMISSIONER NORRIS: We had a memo to that effect. Have you not received it? COMMISSIONER CONSTANTINE: I have. COMMISSIONER NORRIS: Oh, okay. CHAIRPERSON BERRY: So that becomes what? MR. FERNANDEZ: 8(B)(6). COMMISSIONER CONSTANTINE: Honey, I'll be later for dinner. CHAIRPERSON BERRY: Is that all? COMMISSIONER CONSTANTINE: That's all, yes. CHAIRPERSON BERRY: Commissioner Carter? COMMISSIONER CARTER: I have no additions. CHAIRPERSON BERRY: Nor do I. Do I have a motion? COMMISSIONER CONSTANTINE: Motion to approve the agenda and consent agenda as amended. COMMISSIONER NORRIS: I'll second that motion. CHAIRPERSON BERRY: Okay, we have a motion to approve the agenda and consent agenda. What about the summary agenda? COMMISSIONER CONSTANTINE: I'll include that in my motion. CHAIRPERSON BERRY: Thank you. COMMISSIONER NORRIS: And I'll amend my second to include that. CHAIRPERSON BERRY: Wonderful. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Page 4 ____u___ _..,,- .--- AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING OF JANUARY 12. 1999 ADD: ITEM 5(A )(4): PROCLAMATION RECOGNIZING THE NAPLES GA TORS FOR THE NATIONAL CHAMPIONSHIP. (BCC) ADD: ITEM 10(K): DISCUSSION REGARDING THE REQUEST FOR A JOINT MEETING WITH THE CITY OF NAPLES. (COMMISSIONER CONSTANTINE). WITHDRAW: ITEM 13(A)(1): PETITION V.98.17. VARIANCE TO CONSTRUCT A BOATHOUSE ON A DOCK EXTENDING GREATER THAN 20 FEET INTO THE W A TERW A Y FOR PROPERTY LOCATED AT 26 EAST PELICAN STREET (ISLES OF CAPRI) (PETITIONER'S REQUEST). WITHDRAW: 16(D)(14): AUTHORIZATION TO ENTER INTO A CONTRACT FOR PROGRAM MODIFICATIONS TO THE CASH INTERFACE SOFTWARE FOR UTILITY BILLING. (STAFF'S REQUEST). January 12, 1999 Item #4 MINUTES OF THE DECEMBER 1, 1998 REGULAR MEETING, DECEMBER 2, 1998 LDC MEETING, DECEMBER 8, 1998 REGULAR MEETING, DECEMBER 11, 1998 EMERGENCY MEETING, DECEMBER 15, 1998 REGULAR MEETING AND DECEMBER 18, 1998 WORKSHOP - APPROVED AS PRESENTED COMMISSIONER NORRIS: I'll make a motion that we approve the minutes of December 1st regular meeting, December 2nd LDC meeting and December 8th emergency meeting, December 11th emergency meeting, December 15th regular meeting, and December 18th workshop, all of 1998. CHAIRPERSON BERRY: We have a motion -- COMMISSIONER CARTER: Second. CHAIRPERSON BERRY: -- and we have a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #5A1 PROCLAMATION DESIGNATING THE WEEK OF JANUARY 17-23, 1999, AS PURPLE MARTIN WEEK - ADOPTED This morning, we're pleased to have some proclamations. Our first one, commissioner Norris, regarding Purple Martin Week. COMMISSIONER NORRIS: Let's have Carter Smith come up and accept this. Mr. smith, if you'd just stand here, we'll get you on television while I read this proclamation for you. Turn around and face the cameras. Proclamation reads: WHEREAS, in a very short time, thousands of our very beautiful feathered friends, the Purple Martins, will return from their winter home in Brazil; and WHEREAS, these birds will be searching for suitable housing to enable them to nest and rear their young; and WHEREAS, the Florida legislature has designated Collier County the Purple Martin capital of Florida; and WHEREAS, The Conservancy Purple Martin Society is desirous of urging the public to erect proper housing for these very valuable winged creatures by placing said houses on their property; and WHEREAS, during the period of January 17th to the 23rd, 1999, The Conservancy Purple Martin Society will endeavor to alert the public to how valuable these birds are in helping to diminish the insect and mosquito population. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of January 17th through 23rd, 1999 be designated as Purple Martin Week in Collier County, and urge all citizens to join with The Conservancy Purple Page 5 --". .~._.....~" ----- January 12, 1999 Martin Society to show their concern for these valuable and friendly winged creatures and learn to protect and preserve them. Done and ordered this 12th day of January, 1999 by the Board of County Commissioners, Collier County, Florida, Barbara B. Berry, Chairman. And Madam Chairman, I'd like to move that we accept this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause. ) MR. SMITH: Madam Chairman and the Commissioners of Collier County, as president of the Conservancy Purple Martin Society of Collier County, the Society members and I appreciate the recognition of this valued bird species by the Commissioners of Collier County. From your proclamation, we know that Purple Martins eat a considerable number of insects every day, and we in Collier County hope that that diet includes a healthy portion of mosquitoes. To help rid those areas of the county which are most troubled by that particular beast and pest, the editor of our newsletter, Bill Detrich, is preparing an article for the Naples Daily News for Saturday, January 16th in the garden section of the newspaper where he will discuss housing for the Purple Martins and other related items of interest. The need for housing is what makes this hobby so successful. For some reason, these birds have come to rely on humans to provide a nesting place for them, so those interested in the hobby spend a small fortune providing suitable housing for them. Due to your support, Collier County is truly a bird's paradise, and bird lovers throughout the county owe you a debt of gratitude. Thank you. CHAIRPERSON BERRY: Thank you. Just let the record reflect that the Berrys have done their part for the Purple Martins. We have established a house at our former residence, and where we currently live we have one, and we gave one to our son this Christmas, so there will be another Purple Martin house up in Collier County. COMMISSIONER MAC'KIE: All right. CHAIRPERSON BERRY: And they're great. If you haven't experienced it, it's a lot of fun to have them around. So let the record reflect that I'm not an anti Purple Martin fan. Page 6 -.----- -- ~" PROCLAMA rION WHEREAS, in a very short time, thousands of our very beautiful feathered friends, the Purple Martins, will return from their winter home in Brazil,' and, WHEREAS, these birds will be searching for suitable housing to enable them to nest and rear their young: and, WHEREAS, the Florida Legislature has designated Collier County the PURPLE MARTIN CAPITAL OF FLORIDA: and, WHEREAS, the "Conservancy Purple Martin SocietyH is desirous of urging the public to erect proper housing for these very valuable winged creatures by placing said houses on their property,' and, WHEREAS, during the pe~iqriJ.j.J"'fl.I)I'~"~d?99, the Conservancy Purple Martin Sq€-(fiiiit,,_./iJt~.i.t:R~':flJ'fepblic to how valuable th e ~'i;:" ~i*;t~;i~:*::::'~:Wo/.M.dll4~.thkct and 051 vito o esil~" I'I!I '_~d:~,,~l"t\ m 'f/ p 'P . '::x,,':<i::. :",:?t:.., #i@j~ .:'S~"%'%"\ .<!@"...::::~ ,:*,:,:,::,':'~'x'<:',':h ..iA~1t!I~~;~Ufi#~:' .,:,:' 'k~::'\ ...:~~~'. ...\ f .:f .:/ ...;)#::~t:%.:::~~\.:~;f!t~t~~~J.;f!~~(. NOW THEREFtllli)fI,'f proalOJlJ1p'l?).fi~~~..lJ,pf:!r,!. of:;:fiJfllfltlfjmissioners of COLLIER COUNTY, FLORIDA ~q~ BARB RA B. BERRY, CHAIR AN . January 12, 1999 Item #5A2 PROCLAMATION DESIGNATING THE WEEK OF JANUARY 11, 1999, AS COLLIER COUNTY SAFE BOATING WEEK - ADOPTED Mr. Carter, I believe you have a proclamation this morning. COMMISSIONER CARTER: Yes, for Collier County Safe Boating Week. Is there Dave Williams present this morning to accept the proclamation? WHEREAS, boating is a major recreational activity of Collier County; and WHEREAS, boating is enjoyed by citizens of all ages; and WHEREAS, boating is participated in by residents and visitors alike, and boating is deserving of the attention of safety on the water; and WHEREAS, boating is enhanced by practice of safety on the water; and WHEREAS, boating in a safe manner benefits everyone; and WHEREAS, it is appropriate to recognize the value of safe boating education by designating Collier County Safe Boating Week. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, the week of January 11, 1999 be designated as Collier County Safe Boating Week, to encourage the people in Collier County to become familiar with safe boating procedures and practice safe boating in the waters of Collier County. Done and ordered this 12th day of January, 1999, Board of County Commissioners, Collier County, Florida, Barbara B. Berry, Chairman. I entertain a motion that we have this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause. ) CHAIRPERSON BERRY: And no, we did not receive any free boats. Page 7 -"-----...--.",-.-.-. ...,,-,,- ... .._-~----_..._-_.-- --'-- PROCLAMA rION WHEREAS, boating is a major recreational activity of Collier County: and, WHEREAS, boating is enjoyed by citizens of all ages: and, WHEREAS, boating is participated in by residents and visitors alike; and, WHEREAS, boating is deserving of the attention of safety on the water; and, WHEREAS, boating is enhanced by the practice of safety on the water,' and, d ., .['...:-:-"'..',...$0.:..:... ...a II.' ....,.~ ..''Ix '5: 6 B. ~..,~" I:f(Glr::.'.":.:.:.;. " 0 2i;t~~;*Ii:;7i ,~" NOW THER ~:;~:::::: .:~ .'. ::: .Ie it pri.'C(iiimiidiji;tll~::. . ..':~~iI:or;t oun /J.lissioners of .:llllll:ount;:/it/~~rdtl.:/thQtt~:/J;ee.kil~ana:.d ij~J999 be . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~~ ~~ BARB RA B. BERRY, AIR A , t ,. . January 12, 1999 Item #5A3 PROCLAMATION DESIGNATING JANUARY 17-23, 1999, AS DR. MARTIN LUTHER KING, JR. WEEK - ADOPTED Thank you. Commissioner Constantine, I believe you have a proclamation this morning. COMMISSIONER CONSTANTINE: I do indeed. Ms. Julianna C. Anderson and Jerome Van Hook are with us this morning. Jerry's not only a great guy but a very, very good basketball player. He single-handedly led my team to I think the one victory we had. COMMISSIONER CARTER: That was when you were absent, right? COMMISSIONER CONSTANTINE: Yeah, I was out of town. CHAIRPERSON BERRY: -- pick you up and let the people out there see you. COMMISSIONER CONSTANTINE: You may recall last summer that we ran a second -- we have the Midnight Basketball program at Golden Gate. We ran a second program on Friday nights at East Naples Middle School, and Jerry pretty well single-handedly ran that. We had Parks and Rec. people and rangers and everybody there, like the other one, but he really made it happen; rounded up a lot of players and got a lot of kids out there regularly. So we appreciate the work on that. Proclamation reads as follows: WHEREAS, the Congress of the united States of America has designated the birthday of Dr. Martin Luther King, Jr. as a national holiday; and WHEREAS I the President of the united States signed legislation authorizing Dr. Martin Luther King'S birthday as a national holiday with observances to commence on January 17th of 1999; and WHEREAS, Dr. King received national and international recognition for his stirring struggle against injustice and his leadership in espousing brotherhood, self-discipline and non-violence; and WHEREAS, the Collier County branch of the NAACP will hold a commemorative celebration of Dr. King'S birthday by sponsoring the traditional Freedom March on Monday, January 18th, 1999, honoring his life-long efforts to achieve freedom for all. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 17th through 23rd, 1999 be designated as Dr. Martin Luther King, Jr. Week in Collier County, and urge all citizens to remember Dr. King'S outstanding accomplishments by participating in commemorative celebrations to be held during the week. Done and ordered this 12th day of January, 1999, Board of County Commissioners, Barbara B. Berry, Chairman. Madam Chairman, I'd like to make a motion we approve this tongue-twisting proclamation. COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: I'll second. Page 8 .--.-..,,"- _......_--~ --.... --- January 121 1999 CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause. ) MR. VAN HOOK: First of all, I would like to thank you again for the honoring of this great man, the Reverend Dr. Martin Luther King, Jr. I would also like to thank you all for the support, the continuous support, especially in the possible naming of even one of the schools for this great man, again. I would like to in addition ask for your support, as well as the community's support in the parade that we are having on January the 18th, again, in honoring Martin Luther King. And I just want to say thank you very much. CHAIRPERSON BERRY: Thank you. MS. ANDERSON: This year we are really encouraging walkers, because that's really what Dr. Martin Luther King didl he encouraged marchers. So if you feel like walking for just about a mile and a half, please join us. We gather at St. Ann's Church on Ninth Avenue and Third Street at 12:00, and we will march to Cambier Park where there's a fantastic program awaiting you. Thank you. COMMISSIONER MAC'KIE: Judge Anderson, can I get you to tell also about the Freedom March in the morning? If nobody's ever come for that particular thing where Ms. Perry leads that march, it's moving. It was a wonderful experience. MR. ANDERSON: Several years ago, our beloved Mother Annie May Perry planted a tree in Anthony Park in honor of Dr. Martin Luther King. And at 10:00 on Monday, January the 18th, we will be leaving from the Triumph Church on Fifth Avenue North, and Mother Perry leads the march to the tree where there is a prayer service. It's a very, very revered service. We especially invite people to bring their childrenl because it's a real, real inspirational service. Everyone is invited. Pam usually comes with her kids. COMMISSIONER MAC'KIE: You got it. MS. ANDERSON: It's really a nice affair. So please show up at both of them. COMMISSIONER MAC'KIE: Yes. CHAIRPERSON BERRY: Thank you. MR. VAN HOOK: For the record, Tim Constantine is also a very good basketball player as well. And I hope that we can continue also the Midnight Basketball program in the Naples areal as we did before. So I would like to again thank you, Tim. Page 9 ---"---,_.,..._._,----_.._.._--_._._-_.~ '~~"'-""-'--' ^^- January 12, 1999 COMMISSIONER MAC'KIE: Challenge him to a rematch. MR. VAN HOOK: Exactly. COMMISSIONER CONSTANTINE: No contest. CHAIRPERSON BERRY: Very good. Moving on then, our last proclamation, Commissioner Constantine. Page 10 - ,,---._- .,~.._'_'_'_","~.__.n_'_'.___.___._.____ PROCLAMA rION WHEREAS, the Congress of the United States of America has designated the birthday of Dr. Martin Luther King, Jr. as a national holiday; and, WHEREAS, the President of the United States signed legislation authorizing Dr. King's birthday as a national holiday with observances to commence on January 17h of 1999; and, WHEREAS, Dr. Martin Luther King, Jr. received national and international recognition for his stirring struggle against injustice and his leadership in espousing brotherhood, self-discipline, and non- . violence,' and, WHEREAS, the Collier County Branch of the National Association for the Advancement of Colored.P.~()I!/e (NAACP) will hold a commemorative Cfit,__iinty. RlOtf'd; thtiJfNJlar J7p Zm:':::II":pe desi nated as .. '1~i!iJ~:;\" ~ ~..,+..., r'""'~^"" MA.... .'. Lun ..~... ~.. " ""..w.... ~~~~ . BAR ARA B. BERRY, CHAr MA DWI6 TE. BROCK, CLERK d . January 12, 1999 Item #5A4 PROCLAMATION RECOGNIZING THE NAPLES GATOR FOR THE NATIONAL CHAMPIONSHIP - ADOPTED COMMISSIONER CONSTANTINE: Madam Chairman, I have a little hardware I have to set up for this one. CHAIRPERSON BERRY: Okay. COMMISSIONER CONSTANTINE: The -- we seem to get a lot of stories from time to time in the paper on print about kids in trouble. We've got an awful lot of good kids here in town, too. And sometimes they don't always get the attention they should. Lieutenant Weeks, if you want to come up and bring the team with you, if you will. We have a pretty good history in Collier County of putting together good athletic teams, whether it be softball or swimming or any number of things. This year for the fourth time we've got the national champion football players, thank you, the Naples Gators. And if you all would come up and -- CHAIRPERSON BERRY: Just line up up here. COMMISSIONER CONSTANTINE: - - just kind of turn around -- CHAIRPERSON BERRY: Face the camera. COMMISSIONER CONSTANTINE: -- and face the camera, everybody in TV land will see you. CHAIRPERSON BERRY: Thank you. COMMISSIONER CONSTANTINE: And the proclamation reads as follows: WHEREAS, the Gator organization has been in existence since 1959; and WHEREAS, the Naples Gators midget team consists of 32 players, ranging in age from 12 to 15; and WHEREAS, the record this year was an impressive 16 wins and zero losses; and WHEREAS, offensively they scored 400 points, while allowing only 38 on defense. Can you say total domination? And WHEREAS, they were one of eight teams competing for the national championship; and WHEREAS, the teams consisted of regional winners from as far away as Hawaii; and WHEREAS, on December 12th, 1998, the Naples Gators played the New Britain Raiders for the national championship at Disney's wild World of Sports Complex. The Naples Gators defeated New Britain by a score and a squeaker, 45 to 12. WHEREAS, they were the southwest conference champions, state champions, southeast region champions and national champions; and WHEREAS, this is the fourth midget national championship for the Naples Gators. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of January 11th, 1999 be designated as Naples Gators National Midget Team Champion Week. Done and ordered this 12th day of January, 1999, Page 11 -----.-,. "-- -~'''-- ..-....--....-<-,,--....- January 12, 1999 Barbara B. Berry, Chairman. Madam Chairman, I'd like to make a motion we approve this proclamation. COMMISSIONER MAC'KIE: Second. COMMISSIONER CARTER: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. (Applause. ) COMMISSIONER CONSTANTINE: Coach, if you want to say anything, please do. LIEUTENANT WEEKS: First of all, thank you for the opportunity of allowing us to bring these kids and be recognized by the community. What a great honor. The community of Naples, I just can't say enough about them. We had to raise an amount of money that was in excess of $30,000 in a week's time, and we did it. And it was from the support of the community. These kids will remember this thing for the rest of their lives. And what a great opportunity. Thank you very much. (Applause. ) COMMISSIONER MAC'KIE: You have school now. COMMISSIONER CONSTANTINE: That may be the final day off for this. CHAIRPERSON BERRY: I'd like to make one final comment in regard, before everybody gets out of here. I think it also takes a lot of dedication on the part of the adults who commit to this kind of program, who put in their time. For the most part they are not paid individuals; they hopefully have daytime jobs. But the other part of their life is that they spend a great deal of time on a football field trying to coach these young people and to help them get through this part of their life. So I think a great deal of thanks should go to the adults, coaches, parents that are down there, supportive. I want to say a sincere thanks on behalf of the Board of County Commissioners to those individuals who devote that kind of time. Thank you. (Applause. ) CHAIRPERSON BERRY: A lot of people can sit back and complain and the kids don't do this and the kids don't do that, but there are some individuals out there that are trying to do their part in making sure that the kids do what theY're supposed to do. And there are kids out there that are doing the things they're supposed to be doing. So I think it all works together, and certainly should be commended in all areas. COMMISSIONER CONSTANTINE: And doing 'em better than anybody else. CHAIRPERSON BERRY: Absolutely. COMMISSIONER MAC'KIE: Anybody in the country. Page 12 ._-"~-~,...~ '- JAN f 2 1999 PROCLAMA TION WHEREAS, the Gator organization has been in existence since 1959; and, WHEREAS, the Naples Gators Midget team consists of 32 players ranging in age from 12 to 15; and, WHEREAS, their record this year was 16 wins and zero losses; and, WHEREAS, offensively they scored in excess of 400 points, while only allowing 38 points on defense; and, WHEREAS, they were one of eight teams competing for the National Championship; and, WHEREAS, the teams consisted of regional wilUlers from as far away as Hawaii; and, WHEREAS, on December 12,1998, the Napl~~9~~~rsplayed the New Britain Raiders for the National Championship at Disn:t:~~ip~~?rldg(~p6~~..G.2mplex. The Naples Gators defeated New Britain with~.~~9\~~r1~t~:l3;.and,........ .;.:.:<::.: .:.:.;.>:.:-:.:-;...;-:.:.:..:.:.;..:.:<,:-:.:-::...;.:,-.- -..<:-::-:-:...,:-.-:-:....,.;..:.- -':':-.;.. ......... WHEREAS, ~~::;d1'~UZ~~:;;i~tti"'li2~\rq\!i}llions, Southeast Region ................. .,..'....,............... ......... .. .............. .......... .........-.... .-...... ......"., .,.."....... . ..... ..-' ....'...... ...,........ ........'.'.._'.........:..........,......-...-,-.. .......,........:.:.......,...:.-,-.....',.. ........................... ......-... ,........ " ," .. '-.' . ... .,.,...'..'.....-... ..,.. ,. .......................,....'. .,......., . ....,.......... , .. .......... .",' ......._-.."., ....-...',--.,... ::::::~;:~ll::::~~:J::~:~;:~~~y~::~::~:::~~Ollier Coooty, Florida;~pa~m~ree~9fJ@uaryll, 1999,be designated asii. .' ,..... -' .-. ,_...,:- ..:'.:: '~"..', .....' :..... . . ..,.......-.. ,.......................,...... ',...."..- .,.........,..........,....,..'......, ...... ...........-..... ...". .,........-........ .......,.. .........'....,....'..,. ... . ...., . ..,-. .......,...............-. .-.. .. . ..... .. ..... .....-'..............,........-.....-,......._... . .-, "'-"', ,:".-,.-... ,..' -., -.','.' ,..,.--:-:,.:-:-.....-,....._',......... .....'.._...,.,....................-.'..,..'....,.,....., :',' ..:',.,._':........ ,.'- -.:.- .:-. '.' .......-,.......-....,'..-'.'-'.-..---: NAPLES q;:~~;,~I:N:e~WG~T~EA~CHWglQ~S WEEK DONE AND ORDERED TII~(~;!,~:~;~;~;~:j~I::~~j;;\!t\';j~;ti!t . ....J,}QA;~f?F~p~COMMISSIONERS . .'....:....<3. OLtIERCOUN..rrV FLORIDA ":-::-::;;,:::::::,:::<:::::::':::.::-:.-:::,':-:::::::::.<:.;:::0:::,-::,.::.,,'" , ~~~~,~ ATTEST: January 12, 1999 Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON BERRY: And now at this time I have some awards that I would like to present. These have to do with our valued employees who spend -- have spent a great deal of time with us. And if I can sort out everything that I have here in front of me, the first award this morning that we have is Arturo Herrera, and Arturo has been in the Parks and Recreation Department for 25 years, so if he would come forward, I'd like to have him -- (Applause. ) CHAIRPERSON BERRY: Thank you so much. Our next award goes to Clyde Ammons, in the Building Review and Permitting Department, 10 years. (Applause. ) CHAIRPERSON BERRY: Thank you very much. Here's your certificate and pin there. Next is Danny Dominguez, in Stormwater Management, 10 years. (Applause. ) CHAIRPERSON BERRY: Thank you so much, Danny. Our next individual is Michelle Edwards Arnold, Code Enforcement, 10 years. (Applause. ) CHAIRPERSON BERRY: Paul Balzano, Building Review and Permitting, five years. (Applause. ) CHAIRPERSON BERRY: And last but not least, Irving Berzon, in Pollution Control, five years. (Applause. ) Item #5C1 PRESENTATION TO RON FOWLE, SR. , NAPLES CAR WASH, OF CERTIFICATE OF APPRECIAION FOR BUILDING IMPROVEMENTS WITHIN THE AGEWAY REDEVELOPMENT AREA - PRESENTED Moving on then, Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Thanks. I'm down here - - CHAIRPERSON BERRY: Oh, there you are. COMMISSIONER MAC'KIE: -- because I wanted to get to be here by the certificate. If Ron Fowle would come up, please. As you guys I hope know, we have been doing a whole lot of work in the gateway, formally known as the Davis Triangle, to try to begin the redevelopment and revitalization of that area from a business perspective. And I draw your attention to the photographs, if you can see them, on the visualizers there, for a certificate that I would want to present to Ronald Fowle in sincere appreciation for the tremendous improvement that he's done. Page 13 --~._- .~-" ... January 12, 1999 He's been the -- an instigator, he's been working with us from the very beginning. He shows up every time for these meetings, and he's not going to let it go. And not only is he willing to come and get government behind what it is that needs to be done there, he's willing to put his own money where his mouth is. And he's done that and we just want to sincerely thank him for it and present him with this little Gateway Triangle Business Improvement Award Certificate. (Applause. ) MR. FOWLE: I just wanted to thank Commissioner Mac'Kie for all the work she's done in the Gateway Triangle and the Bayshore redevelopment. I'd also like to thank the commissioners for putting their money up to help this area go forward with the future development of it. And I'd also like to say thank you to the Planning Department, because they made a very difficult thing rather easy. And also my wife, she did the colors, I did the design of the building, and my son built it. Thank you. COMMISSIONER MAC'KIE: Thank you. CHAIRPERSON BERRY: Thank you. (Applause. ) Page 14 ~._. ~"_""....".,--,-",-,._,-".,,--",-- ---_.~. - ~~ - ~ ~ ~;;J ... ~o~ X ~ ~ - ~ ~ ~ ~~. ~ '<5 ~ L.., n ~~ ~ ~ m ~ ..., 0 ~ ~ ~ ... ~~ z ..... - '" '- l . ... ::::: IS' ~ ~ - '<') ~ ~ 0 l~J ~ "- .... Cf} n .. "'. c :::e )> o ~o ~o :2 n ;;: ~ ~ .,,'" ~ ~ ~ 0 :a - ..... .. ~ ~ ~ ~ ..... ~ <; ~ ... ~ 1::" .... :<::l '" ~~ m > ::: ..~ Cf} ~ ~ <>' ~... <.;?o <.., m o ~ g ~ ..... o - I'.) January 12, 1999 Item #5C2 PRESENTATION OF KEYS TO A 1999 FORD WINDSTAR BY BOB BLACK OF THE FORD MOTOR COMPANY TO BARBARA B. BERRY, CHAIRMAN, FOR USE BY THE VETERANS TRANSPORTATION SERVICE - PRESENTED CHAIRPERSON BERRY: At this time, if I could have Mr. Dick Sherman come up here, please, and stand in front of me. And also, is Gunny (phonetic) here this morning? Gunhead? MR. SHERMAN: She didn't come in. CHAIRPERSON BERRY: She didn't come in? Okay. MR. SHERMAN: She was busy. CHAIRPERSON BERRY: All right. Well, this morning it is my pleasure to also have - - is Bob Black -- where's Bob? Come forward, please. I think, Mr. Black, you have a presentation? MR. BLACK: I'm Bob Black, with the global test operations for Ford Motor Company, and on behalf of Ford Motor Company I'd like to present to Collier County the '99 Windstar pictured on the visualizer as a test unit to be used in your veteran services. (Applause. ) CHAIRPERSON BERRY: As much as I'd like to think that this is my ticket out of town -- do I have to declare this? You all can see this? And I'm going to hand this over to Mr. Sherman, certainly for your use. And I know that it will be put to good use. So it's my pleasure to be able to give this to you, sir. Thank you so much. MR. SHERMAN: Thank you very much. May I have a word? CHAIRPERSON BERRY: Absolutely. Please do. MR. SHERMAN: Thank you, Bob. The keys to the Winds tar are going into the transportation department of the veterans council. And they're used solely -- the gift from Ford Motor Company is used solely for the transportation of veterans and their dependents to medical facilities around the state. Ford has given us two vehicles, and we certainly want to commend Ford for their civic responsibility and interest, and we are certainly grateful here for the new vehicle. Thank you very much, Commissioners, since it was given to them for our use, and thank you, Ford Motor Company. CHAIRPERSON BERRY: Thank you. (Applause. ) CHAIRPERSON BERRY: I would just like to add just for clarification and information, the county provides the insurance, maintain support and fuel for the Windstar, as part of the department of veterans services budget. As Mr. Sherman said, this van is used to transport individuals to the hospital for medical appointments. And I believe last year they carried 805 veterans to medical appointments, volunteers donated 2,369 hours, 340 trips were made for a total of 69,829 miles. So obviously Page 15 - ...-- ----------- --_.._,~._....~.._-~ . ----- January 12, 1999 with all those individuals involved, that's a great service, I think, that's being provided. So we certainly want to say thank you to all of you. And thank you to Ford Motor Company. We appreciate this. Item #5C3 EMPLOYEE OF THE MONTH FOR JANUARY, 1999 - DAVID WEEKS, SENIOR PLANNER, PLANNING SERVICES DEPARTMENT - RECOGNIZED And nextr if I could have David Weeks come forward, please. David, if you want to come up here and turn around and face the camera, we're going to talk about you this morning. David has been nominated as our employee of the month. He's been employed with Collier County since 1985. David, I didn't think you were that old. You look a lot younger than that. As a valuable long-term employee, David has performed a vital role in several high profile projects, including the density study and open space map. David was responsible for the compiling of data necessary for the density reduction presentations to the Board of County Commissioners. Recently, David presented the Planning Services Department at an ADG presentation -- that's the - - COMMISSIONER MAC'KIE: Alternative development group. CHAIRPERSON BERRY: Right. Which is part of the EIS. COMMISSIONER MAC'KIE: EIS. Environmental impact study. CHAIRPERSON BERRY: That's environmental impact study. Don't you love it how government uses all this stuff? Where he provided information to the group on the land use aspects of Collier County. As evidenced by the many complimentary letters he received and his excellent customer service skills, David Weeks was chosen as employee of the month for January, 1999. And it's my pleasure to present to you, David, first a plaque, which you may certainly hang in your office, and secondly, and probably most importantly, is a check, which I'm sure you can find some way to spend. Thank you so much. COMMISSIONER MAC'KIE: Could I just point out David's tie? It's the turkey, Collier County symbol. You've got to see it up close to get the whole effect, but it's beautiful. (Applause. ) COMMISSIONER MAC'KIE: I want to know where you get that kind of turkey tie, David. We'll talk. COMMISSIONER CONSTANTINE: Very specialized product. COMMISSIONER MAC'KIE: Apparently. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN - COMMISSIONER MAC'KIE ELECTED AS CHAIRMAN AND COMMISSIONER CONSTANTINE ELECTED AS VICE CHAIRMAN CHAIRPERSON BERRY: Now we come to a -- I'd like to say a part in Page 16 __c___ - ---~._---_...~ --.....--..'--- January 12, 1999 the program -- a part in the agenda that I've been looking forward to for awhile. COMMISSIONER NORRIS: Madam Chairman -- CHAIRPERSON BERRY: I'm not finished -- COMMISSIONER NORRIS: Okay. CHAIRPERSON BERRY: - - Commissioner. I have -- at least I get one last word, you know. COMMISSIONER NORRIS: Okay. CHAIRPERSON BERRY: My husband says that I always have the last word, but - - COMMISSIONER NORRIS: You're welcome to it. CHAIRPERSON BERRY: Anyway, what I would like to say is it has been my pleasure to serve Collier County as their chairman for this past year. I consider it an honor to have been able to do so, and I'm also grateful at this time to pass on this dubious honor to the next individual, or victim, whichever it may be. But it has been a pleasure. And I want to thank my fellow Board of Commissioners for letting me and allowing me to serve in this capacity, and thank again the staff over this past year, you've been very helpful to me. And all the individuals, the gentlemen sitting here and ladies sitting here that have been helpful, I thank you so much. And to all of your staffs who have generously provided information for me when I called you on the last minute and said help. To my secretary, Sue Filson, who has kept me, or tried to keep he me out of trouble. I couldn't have done this without her attention this year. She's also relieved the stacks on the top of my desk from time to time so I know what I have there. Our court reporter, thank you for putting up with me this year as the chairman. I hope we didn't mess up things too badly for you. And certainly, for the individuals out there who have observed our commission meetings, I didn't always do things right. We tried to do things and get through our meetings as best as possible. And I thank you for this opportunity. At this time, Commissioner Norris, I believe you would like to saying something. COMMISSIONER NORRIS: Yes, I would. Thank you, Madam Chairman. As you board members know, it's our custom but not necessarily a policy, that the vice-chairman advances to the chairmanship each year. However, this year, because of personal commitments that I expect upcoming that will probably entail travel outside of the county on numerous occasions, I want to withdraw myself from contingent for the chairmanship this year. And also, I think Commissioner Mac'Kie has been waiting for a long time to get into the rotation. So I'd also like to take this opportunity to make a motion that we install Commissioner Mac'Kie as vice-chairman and Commissioner Constantine as chairman. CHAIRPERSON BERRY: Well, I really haven't opened up the nominations yet, Commissioner. COMMISSIONER NORRIS: Oh, I see. Page 17 -".----.- . January 12, 1999 CHAIRPERSON BERRY: We'll certainly accept your first part of your statement, but I think at this point in time the proper way is to open up nominations for the chairmanship and vice-chairmanship. So at this time I will entertain a motion. MR. CARTER: Can I talk to a point of order? I think we ought to, as citizens of this county, praise Barbara Berry for the wonderful job she did for us. (Applause. ) CHAIRPERSON BERRY: Thank you, Mr. Carter. And that was an unpaid -- but I will see you later, sir, and I thank you. No, I thank you very much. I appreciate that. This is one of those jobs where it's a job and you do it, and I was pleased to be able to do so. So at this time, do I have any nominations? COMMISSIONER CARTER: Yes, Commissioner -- COMMISSIONER NORRIS: Well, I had -- CHAIRPERSON BERRY: Commissioner, go ahead. COMMISSIONER CARTER: Commissioner Berry, I would like to nominate commissioner Mac'Kie as chairman. I think she is in her second term, she's certainly demonstrated that she is a great person and it's time to get her in the rotation. I'd like to rotate her to the front and nominate her as Chair and Commissioner Constantine as vice Chair. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: All right, we have a motion and a second. Do we have any other nominations? If not, I will call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. COMMISSIONER NORRIS: Congratulations. CHAIRPERSON MAC'KIE: Thank you. I think. (Applause. ) CHAIRPERSON MAC'KIE: Shall we call a five-minute recess while we shift? COMMISSIONER BERRY: It's not going to take me long. COMMISSIONER CONSTANTINE: Is that a yes on the five minute recess? CHAIRPERSON MAC'KIE: Yes. COMMISSIONER BERRY: We'll take a five-minute recess. One thing I would like to note. There was an item that some individuals thought from Emerald Lakes was on the agenda today. That item is on the 26th and not today. There was -- must have been some miscommunication. But I was informed that some of you may be here for that item, and so instead of making you sit through a very lengthy thing and coming up and saying nothing's happening, you need to come back and see us the 26th. And I'm sorry that I failed to mention that quicker. (Brief recess.) Item #7A Page 18 .' .-----..---..,------ H._H" ~~,,~- January 12, 1999 MR. JIM WEEKS REGARDING THE COLLIER COUNTY LAND DEVELOPMENT CODE - STAFF TO PLACE THIS ITEM ON AN UPCOMING AGENDA CHAIRPERSON MAC'KIE: Hello, I'd like to call this meeting back to order. It was a five-minute break, but we'll come back after about 10. COMMISSIONER CONSTANTINE: Typical five-minute break. CHAIRPERSON MAC'KIE: Yeah, typical. Looks like the first item we have up now is 7(A), pUblic petitions, Mr. Jim Weeks. Is he here? Jim Weeks, are you here? Is that you, sir? While you're coming up, I'll tell you, in a public petition, you have 10 minutes to speak, and if the board wants to, we'll direct the staff to take some action, but we won't take any action today. But we appreciate your being here. Please go ahead. MR. WEEKS: I don't come to you with great eloquency of speech or anything. I don't even have a speech prepared. I just want you to hear as people what I'm facing and what several - - lots of people in this county are facing, if they want to develop Golden Gate Estates properties. My wife and I have outgrown our 1,000 squire foot Jim Walters' home, and -- CHAIRPERSON MAC'KIE: Excuse me, sir, I forgot to ask you to identify yourself for the record. MR. WEEKS: I'm Jim Weeks. CHAIRPERSON MAC'KIE: Thank you. MR. WEEKS: We've outgrown our 1,000 foot square home, us, our three daughters, ages eight, five and two, and we've had another home in the process of construction that's going to be completed in a couple of months. When this home is completed, we will not be allowed to move into our home. Legally we cannot final it and get a certificate of occupancy because of the presence of Brazilian pepper trees on our property. Now, when this first came to my attention, I started thinking wait a minute, what is wrong here? These things are everywhere. They can't be too much of a problem. State of Florida has thousands of miles of roadway totally littered and infested with them. What's the deal? I went to Development Services and they told me, Mr. Weeks, it's not open for discussion, your only course of action is to go to the commissioners, theY're the only ones that can act on it. So this is what I have done, I have come to you. After coming to you, a week later, after I'm on the agenda, a week later I'm getting letters from 'em and getting phone calls saying why are you going to the Commission? Well, aren't there other ways around this that we can try and circumvent to where you don't have to go to the Commission? I said no, I says, I don't think that you're going to be able to really show the light on this situation the way I Page 19 --.-- - -.~_......._'---' -. _..,-,...._-,- -.....- -- January 12, 1999 can. Because after questioning it, the staff that's on -- the staff that exists right now was in place when the Land Development Code was adopted. So this exotic species thing has been this gray area that it's kind of like hush-hush, we don't want to -- we'll walk real lightly around it because we know it's a disaster if the public ever really came face-to-face with it and saw it for what it is. We have these trees that the code says are illegal. That's the way the environmentalists -- these trees are illegal in our county. People aren't smoking them. The State of Florida doesn't mind them. TheY're leaving them allover. But we're not allowed to have them. Okay -- CHAIRPERSON MAC'KIE: What is the species, sir? MR. WEEKS: It's a Brazilian pepper. Birds love 'em, they eat the berries. And this is one of the ways, the proliferation of them, they go from one property to the other. Nobody in the Estates is taking them out except new construction. Why should I be penalized for wanting to improve my property, raise my taxes, you know, in this manner? It's -- it doesn't seem fair. It's not achieving anything. I was at one time working for a company that was doing site development out in the Estates, and I was just amazed at how many times I was told we're allowed to clear one acre with a home site. The people we're working for didn't want to clear it. They wanted to be all secluded, have trees all around them, you know. But because of the presence of a few peppers here and there, we were instructed to go out and clear that legal acre, just merely for the reason of getting rid of a few peppers. It was absurd. And as I was considering it, I was thinking this is ludicrous. This thing is failing. We are having our -- we're trying to preserve the trees. My wife and I love the pine and palmettos, but we don't have the capacity to spend the money to go out and -- we got a six-acre piece. We didn't need a six-acre piece, we just happened to get a six-acre piece. What does Development Services do? They says Mr. Weeks, here's a solution, we'll let you split your land up. Now you're only going to have to take it off of the two-acre piece to get the -- you break it into pieces. Well, this makes a lot of sense, doesn't it? And in six months they're just right back on the land again. I just went through -- it's just twisted. This thing is so twisted in its nature. It's not achieving anything. And it's affecting people, because right now it's hundreds -- countless hundreds of acres of land are being wasted that owners don't necessarily want cleared, but they're having to do it because of the presence of a pepper tree. As I considered coming before you all with this, I took my two daughters out, and on New Year's Day, I drove around this county. ~d who was the county manager here? Would you be the county manager? I'm going to hand you some pictures, and you just verify that what I'm saying is correct. Page 20 - -------- January 12, 1999 This is a brand new park out in Golden Gate. Max Haas. This park has just been new. That park has pepper trees all behind the sign. This is county property. How -- why do I have to live to a standard Collier County didn't have to live up to? Here is the Waste Management facility. This is a county facility, the dump. You can't even see the building for the pepper trees that are in the way. And this next one is my personal favorite. I went behind Development Services property. Now, these inspectors - - COMMISSIONER MAC'KIE: Stay at the microphone, please. COMMISSIONER NORRIS: Back on the microphone. MR. WEEKS: You have to walk out of this building to their rear parking lot where they come. These inspectors are going out to deny people a certificate of occupancy because of these peppers. TheY're walking past a pepper tree that my two daughters are standing next to it. It's 16, 18 feet high. We can't say they didn't notice it on county property, Development Services property. And last but not least, we're all in violation right now of being in this building, because Collier County Code says it's an illegal species. Here's the same two little girls standing in front of a pepper tree with this building in the background. It's this property. Please, I'm petitioning you because -- not to be -- not to make a point - - I'm making a point, of course. I'm not trying to be controversial. The very nature of this code, it is - - it's this thing of let's - - they've done it in -- the environmentalists on the - - they're so far on the left on this that they're blinded by what the truth is. We're hurting the actual environment of Collier County with this code in the sense that people are clearing way more land than they need to from the presence of a few trees. I really -- I've got three minutes left, so I'm just going to kind of go over this in my mind with you. We've got these trees, people are clearing way too much land. We're penalizing landowners simply for wanting to develop. We're receiving more tax revenue but we're not letting them move in because of the presence of these few species that the State of Florida doesn't find too offensive. And yet, when I go to move into this home -- you want to hear something different? This is real good. They'll let me clear the entire property if I go in and pull a permit. And I will have to go down and pull a permit to clear the entire property just because I am not going out with the rattlesnakes and hogs out there and cut out these pepper trees by hand. I don't have the financial capacity. I've got to go buy this gallon of stuff and paint the thing that kills it. It costs 80 bucks a gallon and all this stuff. It's absurd. You all, I know, have the capacity to instruct staff. Their -- the environmentalists are going to be blinded in this. They're the ones that set this code in order, and they're not going to see this thing for the light. I've just told you what is happening out there. You all maybe - - I'm sure you all own properties. How many of your own properties are - - if you own, they're just loaded with these Page 21 --.,.-----...-. . ..."-.....-..-- -...- -.----...-..,. January 12r 1999 pepper trees. When you're driving aroundr think about it, you knowr we're not letting Mr. Weeks move into his house with his family. This is hurting people. This is hurting people and families, this code. Please consider it. Just - - it's very simple. You -- I know you all can instruct staff to exempt single-family homes in Golden Gate Estates from this. It's absurd. It serves no purpose. It's a losing battle. Nothing has been achieved within the last 10 years when they told me this code was enacted. I really -- I really just - - I know you have that capacity, and I'm hoping you can. I'm finished. CHAIRPERSON MAC'KIE: Thank you. Commissioner? COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, this certainly isn't the first time we've heard this, and I wonder -- it might be worth putting on this agenda item one week in the future to at least have some response from staff why we do it. And if there's an alternative, great, but if not, we ought to at least hear the reasons why, because the man raises some good questions. CHAIRPERSON MAC'KIE: Yeah, I would agree with that. I want to be sure, however, that the county is complying with its own code. That's the very worst thing I heard today, is I don't want us to be exempt. Maybe somebody should be, but certainly not us. MR. MULHERE: We're not exempt from the code, and the county's complying to the greatest extent that it can under budgetary constraints. What I'm aware of - - CHAIRPERSON MAC'KIE: He's got ' emr too. MR. MULHERE: - - is $250,000 that we're budgeted for exotic removal in parks and recreation alone. I'm not sure, is that - - COMMISSIONER CONSTANTINE: Yeah, I'm just curious, Bob -- MR. MULHERE: I'm just trying to respond to the question. COMMISSIONER CONSTANTINE: Does the private property owner have the opportunity to say -- CHAIRPERSON MAC'KIE: I can't afford it? COMMISSIONER CONSTANTINE: - - I have budgetary restraints? MR. MULHERE: No, it's required. Exotic removal is required for single family. CHAIRPERSON MAC'KIE: That's what I'm interested in hearing about. If we're not giving him an exemption for his budget, I don't want an exemption for the county's budget, if we can't afford it. I just agree with Commissioner Constantine - - MR. MULHERE: May I just respond to that? The code doesn't necessarily require that an existing structure remove the exotics. When we get those exotics removed is when they come in and do some improvements. And when the county makes improvements to its property, we require exotic removal. I don't know every case-by-case situation; I certainly couldn't address all of them, but - - MR. WEEKS: Why should I be penalize in that - - CHAIRPERSON MAC'KIE: Excuse me, sir. MR. WEEKS: I've still got time. I've got 13 seconds. Why should I be penalized in that matter? This is penalizing me. Page 22 -.,-.-- .-.....,.. _.~-- January 12, 1999 CHAIRPERSON MAC'KIE: I think that was about 13 seconds. And I appreciate that you've got - - MR. WEEKS: Oh, it's counting up now, I'm sorry. MR. MULHERE: I just wanted to add one other item, that is that this ordinance has been in effect since the adoption of the Land Development Code, so we're talking about thousands and thousands of single-family homes that have been permitted and CO'd that have removed exotics. COMMISSIONER CONSTANTINE: I just never bought the argument because that's the way it's always been done, so Madam Chairman, I'd like to suggest we bring this back in a couple weeks, at least have a discussion on it. CHAIRPERSON MAC'KIE: Is there interest on the majority of the board to have a discussion on this? COMMISSIONER NORRIS: I - - COMMISSIONER CARTER: Yes. COMMISSIONER NORRIS: -- really am not. I think there were very good reasons we enacted that in the first place. Those reasons haven't changed. It's applied to everyone equally. I really don't see the point in re-discussing something that's been in place for so long and has worked well, as it was designed to do. CHAIRPERSON MAC'KIE: Anybody else? COMMISSIONER BERRY: No, but my concern is that for those of you who may not be familiar with the area east of 951, you've got a huge area out there where -- Mr. Weeks is right, there's a lot of these lovely little Brazilian peppers, and it - - I remember when I first came on the Commission, we had this discussion regarding the exotics. And until every county in the State of Florida complies with this kind of thing, I don't know how you can -- you are fighting a losing battle. Because what he states is that all of us are familiar with the little feathery friends called the robins, and they come in here this time of the year, February, and they love these Brazilian pepper berries. And they go through like gangbusters, and they -- first off, if they're fermented a little bit, they get a little tipsy and you'll find them in the middle of the roadways. But secondly, they love to distribute these little pepper berries allover the property. So you're fighting -- in my opinion, and I felt this beforehand, we're allocating a lot of money to get rid of these exotics. At the same time, they're being -- it's just a non -- it's one of these things you're never going to get to the bottom of the problem. I don't know where you start and how you stop. It doesn't make any sense. At the same time, I agree that -- with Commissioner Constantine, I think we need to come back and take another look at this. I hate to see any homeowner that can't occupy a home because he's got this kind of a problem. And I do -- I really think you're fighting a losing battle. You could cut them down today and next year you're going to be fighting the same thing allover again. And it's going to go on and on and on. Page 23 --,_._"-,_._._...._-_._-_..~,_._-.-- ,,--- -----..... -- January 121 1999 I'm not blaming staff, I'm not blaming anybody. I just - - the whole situation, in my opinion, is borderline on the ridiculous, but that's just one opinion. CHAIRPERSON MAC'KIE: Commissioner Carter, did you -- COMMISSIONER CARTER: Well, I would like to revisit the situation and hope that we could develop some flexibility in a code where we can deal with situations as been presented this morning. I don't know how we do that yet, but I'd like to revisit and have some discussion on it. Thank you. CHAIRPERSON MAC'KIE: Mr. Fernandez, will you get that taken care of? And we'll get that on a future agenda item, sir. Thank you for coming. MR. FERNANDEZ: I'll be glad to. Item #8D REPORT TO THE BOARD ON THE PROGRESS OF YEAR 2000 COMPLIANCE - NO ACTION CHAIRPERSON MAC'KIE: The next item on our agenda is a time certain item. It is the report to the board on the progress of year 2000 compliance. I know we were going to have folks from the clerk's office here at 10:00 a.m. MR. FERNANDEZ: Madam Chairman? CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: I'd just like to introduce this one briefly. This report is a result of the efforts of the Y2K task force that was put together in September of '98. Their job was to go out and assess all applications in the county structure that may be affected by the Y2K problem. We've recognized it to be more than just a computer problem. It's a management problem, because it involves products and services that are provided by others, as well as those that we provide ourselves. And it involves a process of ensuring that in all possible circumstances these issues have been addressed and taken care of to the best of our ability. What you will hear this morning is a presentation from Jeff Walker as a chairman of that task force on the efforts that we've undertaken to date, and the status where we stand with respect to the problem. I have heard his briefing and I am convinced that we are in a good posture at this point in time, given the time that we have and the plan that we have to move from this point forward. So with that, I'd like to introduce Jeff Walker and ask for his presentation. MR. WALKER: Thank you. For the record, Jeff Walker, risk management director. I'm appearing before you this morning as chairman of the Y2K task committee. What I would like to do this morning is talk a little bit about the establishment of the committee, the objectives of the task Page 24 ---- January 12, 1999 committee, what we are trying to accomplish; talk a little bit about due diligence, what we're doing in that area, some key dates, things we're looking at for the future. And then I've got representatives of the various agencies here. I notice Mr. Skinner is here, we've got Mr. De Andres from the Sheriff's Department, Mr. Coakley from the IT department, and Mitchell - - COMMISSIONER BERRY: Right at the front. MR. WALKER: And I believe we have a representative of the external auditor here who wants to make a comment as well. So what we hope to do with that is to cover those major systems of serious concern obviously to the board. Really, Y2K compliance started before the establishment of the committee. You have already seen items coming to you in terms of budget requests to make repairs and so forth. The purpose of establishing the committee was to coordinate centrally all of the efforts that were happening county-wide. Let me talk a little bit about what the objectives of the Y2K committee are. And I've got the document on the visualizer here. Hope you can see that. The objectives of the task force were first of all to identify areas of Y2K exposure; to determine the severity of a systems failure, in other words, to take a look at those systems and rank on a scale of one to five the severity of a failure; to establish compliance dates for noncompliance systems and/or to mitigation plans or other alternative plans; to establish documentation, indicating the compliance of products, vendors and dependent third parties. And what we mean by dependent third parties are those parties that we depend upon for either services or to supply us with goods or products, that sorts of thing. Also, we wanted to establish documentation recording the efforts of staff, which include system testing. System testing is critical to this effort, because we need to know whether a system will fail or not. Testing is important for that. And then lastly, the objectives of the task committee are to report on the progress of these efforts to the county administrator. Let me talk a little bit about the due diligence effort that we've made. One of the things that we wanted to accomplish was the ability to receive information from our vendors in terms of where they are in their compliance efforts. And we talked about questionnaire first. And what we did was we developed this year 2000 compliance questionnaire, which departments were to use to send out to various vendors. CHAIRPERSON MAC'KIE: Can I interrupt you? MR. WALKER: Sure. CHAIRPERSON MAC'KIE: Excuse me. Mr. Fernandez, I don't underst -- does the majority of the board care to hear the details of how this plan -- you know, how the review was done, or are we just more interested in knowing what is the plan for compliance and how serious a problem, something more of an overview? Personally, that's what I'm interested in. Page 25 -.-.-..,--....--- ----."." -. .------------.,-"...-.....--.....-.-.-,..----.--.-. January 12, 1999 COMMISSIONER CARTER: Yeah, Commissioner -- COMMISSIONER CONSTANTINE: And I think the concern is where are we okay. I know in the public there's a perception that can potentially be a problem, it sounds like, and from reading the item, it looks like we have the majority of that under whips, and there are a couple of specific areas we have concerns about. MR. WALKER: Okay. I think probably the appropriate thing to do at this time would be to move to those specific applications. CHAIRPERSON MAC'KIE: That would be good, sure. MR. FERNANDEZ: Madam Chair, the only point was we were trying to explain to the board the methodology that was used to get to this point. I think the point to be made here is that it's been a very thorough process involving the inventory of everything we could possibly think of, and as I said in the briefing that I received, I was convinced that it's been a very thorough approach at the - - CHAIRPERSON MAC'KIE: And frankly, that's enough for me. MR. FERNANDEZ: Okay. MR. WALKER: Okay. I think I will ask Mr. Skinner to come first, if you would like to, and just address the board in terms of the property appraiser's office. CHAIRPERSON MAC'KIE: We always love to hear from Mr. Skinner. MR. SKINNER: I didn't want to waste this tie and coat today. Abe Skinner, Collier County property appraiser. We got notice that this meeting was going to take place. We mailed out in November a document telling everybody of our interest in this and that we were prepared. As of April of last year, we're ready to go to 2000. We've been working on this since I guess 1995, tweaking certain programs to get ready for this, and as a result of the final thing in April of this past year, literally hundreds of programs have been changed and we're ready for 2000. And I must say that this was done in-house by the Collier County property appraiser's staff, and I'm very proud of them. CHAIRPERSON MAC'KIE: A lot of people - - MR. SKINNER: They made me look good -- CHAIRPERSON MAC'KIE: Yes, and a lot of people spend -- MR. SKINNER: -- at no cost to the taxpayers. CHAIRPERSON MAC'KIE: - - a lot of money. Right. MR. SKINNER: So thank you. CHAIRPERSON MAC'KIE: Thank you. MR. WALKER: Next I'll ask Jim Mitchell if he would. MR. MITCHELL: Thanks. For the record, Jim Mitchell, director of finance for the clerk's office. We started looking at this issue approximately three years ago. And when you look at the clerk's office, it's a very complex environment where we have primarily two sets of systems. We have the financial package and also the court's packages. In the courts area, we are working under a mandate from the Supreme Court that mandates that we be 2000 compliant by June of 1999, and we are pleased to tell you today that we will be fully compliant by the end of February. Page 26 --- ..--------,-"<-,...~--,.__._,- --.-.----.- ------- January 12, 1999 For the financial packages, we have started a process over a year ago at looking at potentially buying a new package, but due to the time compression and the cost of that, we chose to go with diverting the packages that we currently have. That is done. We are in the final testing of that right now, and it's our expectation that we'll be up and live with the new system by the end of March, with the exception of the budget module, realizing that the budget is the first thing that kicks off the fiscal cycle. Our anticipation is to have that done early part of February. The reason that I've asked the external auditors to join us today is that the governmental accounting standards boards has taken a look at year 2000 issues and has actually made it a part of financial statement presentation, where it now has to be included in the footnotes. I think it would probably be more appropriate to hear where everybody's at prior to having the representative from KPMG address you. So with that, Jim? MR. WALKER: I'd ask Mr. De Andres to come up from the Sheriff's Department. CHAIRPERSON MAC'KIE: And who might be next, so we could go ahead and get them up. MR. WALKER: Bill Coakley will be after him. CHAIRPERSON MAC'KIE: Thanks. Get 'em on deck. MR. DE ANDRES: Hi, Damien De Andres with the Sheriff's Office. I'm the MIS director. The Sheriff's Office has 19 major applications, including civil, dispatching, booking management, records management and our fingerprint system. Of these major applications, we have 10 that have been converted and are in compliance with Y2K. But the remaining systems, we have audited them and plans are in place or contracts are in place to have them Y2K compliance by the end of this year. The Sheriff's Office hopes to have an executive summary on the board's January 26th meeting to finalize a conversion of our computer-aided dispatch. We have been working on this system for over two years to try to make sure it meets our need and also the Y2K compliance. This is our most critical system, and we hope to have it in place by the end of fiscal - - this calendar year. CHAIRPERSON MAC'KIE: Okay. Mr. Coakley? MR. WALKER: I'll ask Mr. Coakley -- MR. COAKLEY: Good morning -- MR. FERNANDEZ: Madam Chair? MR. COAKLEY: - - for the record, I'm William Coakley -- MR. FERNANDEZ: Madam Chair? MR. COAKLEY: -- director of information technology -- CHAIRPERSON MAC'KIE: Excuse me, yes? MR. FERNANDEZ: Before we go further, I want to be sure I understood the last presentation. He said that the hope is that they would have anything in place by the end of this calendar year? Does that mean 1999? That is what you meant? MR. DE ANDRES: Yes. Page 27 ,___w, January 12, 1999 CHAIRPERSON MAC'KIE: But you can't just have that as a hope. MR. DE ANDRES: The hope is to have an executive summary for you by the January 26th meeting. We have plans and contracts in place to have all our applications to be Y2K compliant by December 31st. CHAIRPERSON MAC'KIE: But we've been hearing from the other agencies. I mean, I appreciate that about the end of February, March, April. It's not going to happen? MR. DE ANDRES: We have in -- next month we have our financial system is going through testing, just like the clerk of court system is going through testing right now. CHAIRPERSON MAC'KIE: It is -- it's already been through testing is what it sounded like[ and has been -- the process is -- MR. DE ANDRES: Well, ours is going through testing right at the moment. And we also have our booking system, which is going through conversion. We -- our civil system, which is going through conversion, and contracts are in place, and an audit has been done that we can continue running those applications if they're not converted. But we have contracts in place to have that done. COMMISSIONER NORRIS: I think the concern from the board is that if your target date is December 31st, if you miss it by one day, you're sunk. CHAIRPERSON MAC'KIE: Thank you. Exactly. That's exactly -- MR. DE ANDRES: We have some contingency plans on those applications, that they're not critical applications. Let me explain. The civil process, all we have had have to do is bring it down -- bring it up with the next year and continue going. It will not have the sentry added to the fields, but it will continue to run. COMMISSIONER NORRIS: All right, let me approach it from another direction, then. Would you please tell us your confidence level on being able to pass through that date without any significant problems? MR. DE ANDRES: I would say by November we will be completed in all our conversions. CHAIRPERSON MAC'KIE: Okay, that feels better. November is better than December 31st. MR. DE ANDRES: Well, I want to give some leeway. We will be in compliance. CHAIRPERSON MAC'KIE: And you'll be back in January, and maybe you could give us a little more comfort when you come back at the end of the month with the dispatch system. COMMISSIONER CARTER: I think that's what we're looking for is a timetable for these to be in effect and not run up to the wire. MR. DE ANDRES: Correct. The CAT system[ we've been working on it for two years, just trying to make sure that it meets our needs plus is Y2K compliant. Some of the vendors out there, you would say -- they indicate they're Y2K client. They are not. So we had to verify that, and we're -- CHAIRPERSON MAC'KIE: And my last question is, as we have an external auditor who's reviewing those systems for us, does his audit Page 28 ".'-- ._....._~--_.- .."- January 12, 1999 include your department, or do you have an internal auditor who will be -- MR. DE ANDRES: The county's external auditors was through our department and audited some of the systems. CHAIRPERSON MAC'KIE: Okay. So we'll hear from him, too, as a second opinion of sorts. MR. DE ANDRES: Thank you. CHAIRPERSON MAC'KIE: Thank you. Mr. Coakley? MR. COAKLEY: Againt William Coakley, director of information technology. We have a program that basically calls for evaluating a large number of technologies in the county. We've done that. This is one book of four. I'm not going to show it to you or read it to you, of course, but I want to show you that we're doing the work. One book of four. It represents part of the whole picture. We have 94 technologies that's applied to many different computer systems throughout the county government that we have inventoried. Of those 94t 26 have year 2K compliance issues. Some of them are very minor. They're not show-stoppers, they won't shut down the county business. We're just being diligent and indicating all of them. A few of them are major systems. We have covered communications systems in one book. We've covered office automation systems, Which is like the word processor and all that kind of thing. We've covered phone systems. Mr. Daily, who I think is heret has covered the radio system, the 800 megahertz radio system. And we've covered what we call business applications systems such as, for example, the community development permitting system for Vince Cautero. That one, by the way, is fully compliant. That's essentially what we've done. Those are the bottom line numbers. The timetable, a lot of them are already compliant. We have schedules that we're developing and have developed that see different things come to compliance in the next couple of months. The worst case if, if you will, the latest one, would be July of 1999 for compliance. Nothing is later than that. I should say September 1st of '99, because there's a test period on that particular one. That's the situation as we have it. CHAIRPERSON MAC'KIE: Okay, thank you. MR. COAKLEY: You're welcome. COMMISSIONER CARTER: I have one question. As we go through this process, sometimes I am led to believe that we may have several software systems operating in one given area. Are we consolidating, as well as bringing ourselves into compliance? MR. COAKLEY: Our first priority, Commissioner, is to bring these into compliance. We have consolidation efforts that are in progress, for example, in the community development area, has been in progress for I think it's almost two and a half, three years nowt to get an electronic version of one stop shopping to match the physical one stop Page 29 ~.,-- -..-.. January 12, 1999 shopping. We are working towards consolidating systems. We're also working to do some of that in the Department of Revenue. But as time progressed and the RFP process takes time, as I'm sure you're aware, and we have to get the right fit and so forth, we have turned our priorities to making sure that we're year 2K compliant first. COMMISSIONER CARTER: Okay. CHAIRPERSON MAC'KIE: Not the answer you wanted, but - - COMMISSIONER CARTER: Well, I don't want to lose sight of the big objective. MR. COAKLEY: Or we. CHAIRPERSON MAC'KIE: And now if we could hear from our auditor, please, sir. MR. JONES: Good morning. Chip Jones with KPMG Peat Marwick. First of all, what you're doing is good. You should be going through and asking these questions and getting the update. And one of the things we're encouraging our clients is that they get written status reports that could be read and evaluated by people more knowledgeable to interpret what's going on. And again, when you see questions like, you know, December 31st we'll have it done. This is a big issue. And the GASB came out last month with a technical bulletin -- excuse me, came out in November -- that required all governments to disclose in their financial statements information regarding their year 2000 issues. And that includes not only the comprehensive report for the county, but as well as each the individual financial statements for each of the constitutional officers. The GASB requires that there be disclosure of four different stages. One is an awareness assessment, remediation, an invalidation and testing. It does not require disclosure regarding implementation, because obviously no one's going to be totally sure until January 1st, 2000, and maybe even not then. And the footnote descriptions will list all the mission critical systems. The AICPA worked closely with the GASB on this issue and had a number of concerns regarding what the GASB was requiring to be disclosed in audited financial statements, which means that we have to audit this information. CHAIRPERSON MAC'KIE: GASB is government accounting something? MR. COAKLEY: Yes, government accounting standards board. They are the standards setting body for all governments in the country, and they're made up of a number of government officers and CPA's. But the AICPA expressed concern to them that what theY're requiring to be disclosed was essentially not audible, that the information was not reasonable, and that the procedures to audit, whether someone could say that they had completed a certain process, could not be done. So the AICPA has gone on record and we as KPMG have gone on record that we are going to be qualifying all of our opinions that we issue on financial statements of our government's. The qualification will essentially say that except as discussed in the preceding paragraph -- or in the following paragraph, we did Page 30 . -----.-- ",.~-~ January 12, 1999 our standard audit. And then it will go on to say that GASB has required all these disclosures, we will identify why it's difficult to audit those disclosures, and then it will go on to say that except if we had been able to audit those disclosures, your financial statements are fairly presented. The word qualified opinion raises a lot of concerns with people. First of all, it will not have any impact on your GFOA certificate of achievement, which one of the criteria for the GFOA -- and that's the Government Finance Officers' Association -- is that you have an unqualified opinion. They've gone on record and said that it will not impact them. Likewise, with the rating services, Moody's, Standards and Poors and Fitch, have all indicated that a qualified opinion would not result in any downgrade of the ratings. If the government elected not to put in the disclosures, which they have that option to do, then there may be an issue of a downgrade of the types of things. As part of our audit, we obviously visit and audit each of the constitutional officers, we try to understand their systems. Our responsibilities and what we did with regard to the year 2000 was that we completed a very detailed questionnaire and assessed where they are in the process. We can't do anything to corroborate what they're telling us, but we want to make sure theY're aware that in the way the questionnaire is laid out, it does have some questions where in some cases we got no responses. It seems as people are going through this processr they are finding more and more information that needs to be addressed that they may not be aware of now. And I deal with a number of clients. And it seems like your organization has done a good job identifying those programs and systems, but I think you're going to find that more programs and systems will probably become apparent as this progresses. It's a big issue. There was an article in the Wall Street Journal I think yesterday or Monday regarding the utilities, which essentially said there's a large concern there, because if one utility went down, the way our power grid across our country is, it could cause a blackout over the nation. So, I mean, there's a lot of focus on there. And I think the government is playing a very strong role there. But it is an important issue. And as I saw in one cartoonr only 355 more days of hearing about Y2K. Is there any questions? CHAIRPERSON MAC'KIE: I just have one. I want to just be sure I've translated this business about qualified opinion. What I think I heard you say is that you've been asked to audit something that you aren't really -- don't really have the capacity to audit's. MR. COAKLEY: Yes. CHAIRPERSON MAC'KIE: Therefore, I should take no great comfort in the fact that it's also being audited by our external auditor, Page 31 --"--- ~_.._,...~ January 12, 1999 because you're going to qualify it to say that we don't really know -- MR. COAKLEY: That's right. CHAIRPERSON MAC'KIE: Okay. So it's not a second opinion in reality. MR. COAKLEY: No. CHAIRPERSON MAC'KIE: Okay. Just needed to get that clear. MR. COAKLEY: And you'll find every government in the country will be getting qualified opinions, so you won't be alone. But okay, thank you. CHAIRPERSON MAC'KIE: Thank you. COMMISSIONER CARTER: Is this a problem with the vendors who are concerned about the risk exposure? Is that why they're not willing to go on line with us in some areas and say we definitely -- you know/ we stand behind what we say we're going to do? MR. COAKLEY: I think that's a big part of it. There is a lot of risk. I mean, government's -- for instance, if your traffic signal system went down on New Year's Eve and there's fatalities that happened, you could be at risk. But there is that risk, and that's one reason -- look at -- the year 2000 was a Godsend to the consultants and they're saying January 1st will be a Godsend for the attorneys. So there is a lot of concern, though, from their perspective as far as overexposure and risk. COMMISSIONER CARTER: Well, I guess there will be a life after Y2K. CHAIRPERSON MAC'KIE: Just -- thank you. Unless anybody has any other questions. Mr. Fernandez, since you raised the two, sort of the specter of utilities and traffic, can you give us an assurance that those were covered in the information that's already been presented to us today? We don't have -- we're not going to have a utilities problem, we're not going to have a traffic problem? MR. FERNANDEZ: That's part of what we've covered in the committee. I do know that we're in the process of ordering some compliant traffic control fixtures. I understand there's a backlog of orders. A lot of people have discovered the problem at the same time. So we are optimistic, however, that we will get the compliant equipment in on time. CHAIRPERSON MAC'KIE: And utilities, that's the one I get asked about all the time. Are the toilets going to flush, guys? MR. ILSCHNER: Yes. CHAIRPERSON MAC'KIE: Mr. Ilschner? COMMISSIONER CARTER: They will -- MR. ILSCHNER: Madam Chair, board, Ed Ilschner -- COMMISSIONER CARTER: -- flush, but it won't go anywhere. MR. ILSCHNER: Yes/ your toilets would flush. And the Commissioner may well be right, if we lose power. I think the key to the whole issue is going to be Florida Power and Light providing power. However, having said that, we also have backup generation Page 32 __~_._ - .n______.._.._. .m..__ _,____ January 12, 1999 equipment for our major stations, and as a contingency plan are pursuing, word generation equipment would be available in the community that we could of course commandeer and utilize. CHAIRPERSON MAC'KIE: I feel comforted. Has the board got any other questions? Okay. Let's go back -- MR. WALKER: If I can make one last comment. I'm sorry. We would like to thank the clerk's MIS department, Mr. David witham. TheY've been very helpful to us. Mr. Mitchell's been very helpful to us in our committee's efforts. And we're just -- we're greatly appreciative of that. CHAIRPERSON MAC'KIE: I appreciate you noting that, too. Thanks I guys. Item #8A1 NANCY OEHLER, REPRESENTING THE NAPLES PHILHARMONIC LEAGUE, REQUESTING A WAIVER OF A RIGHT-OF-WAY PERMIT FEE FOR A RUN/WALK EVEN HELD ON NOVEMBER 21, 1998, WITHIN THE PELICAN BAY PUD, COLLIER COUNTY, FLORIDA - APPROVED Okay, we'll go back to our regular agenda. I think where we are now is item 8(A) (1). It's Naples Philharmonic League requesting a waiver of the right-of-way permit fee. COMMISSIONER NORRIS: Motion to approve. CHAIRPERSON MAC'KIE: We've got a motion to approve. Is there a - - COMMISSIONER CONSTANTINE: Second. CHAIRPERSON MAC'KIE: - - second? Any speakers? COMMISSIONER BERRY: Is that the three-year one? CHAIRPERSON MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: Then that's already been held, obviously. CHAIRPERSON MAC'KIE: Right. And if there's any further discussion (sic) , all in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. Item #8A2 PAT LEWIS REPRESENTING FIRST ASSEMBLY MINISTRIES, REQUESTING A WAIVER OF A TEMPORARY USE PERMIT FEE FOR A CRAFT FAIR EVENT HELD ON NOVEMBER 13 AND 14, 1998, AT 2132 SHADOWLAWN DRIVE, COLLIER COUNTY, FLORIDA - APPROVED The next one is 8(A) (2), First Assemblies Ministry with a craft fair waiver. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: Second. Page 33 -_._- --- ~._._.....~,~--_._.- January 12, 1999 COMMISSIONER BERRY: Second. CHAIRPERSON MAC'KIE: Any discussion? All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. Item #8A3 PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS OF THE 1998 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIR) AS PROVIDED FOR IN SECTION 3.15.6 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE - REPORT ACCEPTED WITH CHANGES And now, probably more lengthy item, the presentation to the board, 8 (A) (3) of our annual update and inventory report. Mr. Litsinger. MR. LITSINGER: Good morning, Madam Chairman, Commissioners. Happy new year. If you give me just a second here to get organized. For the record, Stan Litsinger of the Planning Department. This agenda item is the presentation of your annual update and inventory report on public facilities, which we do once a year. It is required both by local ordinance, state statute and our county code. The purpose and goal of this report is to bring to the board's attention the status of all your critical category A public facilities, both the inventory which you currently have on hand, staff's recommendations of any additions over the coming years, to a point to point out any revenue issues which we feel the board needs to addressr and then ultimately for the board to make a finding that we have a state of concurrency for the coming 12-month period and direct staff to make the necessary changes and proceed with the facilities that we have identified in this report. If there are no specific questions on the nature of the report I have for you today, I'll move on to the first section of the report, which would be the transportation section. CHAIRPERSON MAC'KIE: Okay. MR. LITSINGER: First, I would like to point out to YOUr just as a referencer page seven on your agenda package is a summary of the proposed facilities and revenues for the five-year planning period, '99 to '03. We have identified there all the projects which I will briefly overview for you in this presentation, and both existing and proposed revenues in order to make this a balanced plan in the five-year period on page seven. If there are no questions, I'll move on to the transportation portion of this report. CHAIRPERSON MAC'KIE: Thank you. MR. LITSINGER: The transportation portion of this report contains all the projects you previously directed through both the MPO and adoption of your MPO transportation plan. Page 34 .'"'_..._" .-...-, January 12, 1999 There are a number of things which we would like to bring to the board's attention, which we feel either merit discussion, or we would ask some directions of staff on how to proceed. I would direct your attention to page 13 of your agenda package. I hope you received the readable copies that I provided last week. If not, I have some with me, which I can hand out. Now, this is what we call the Collier County transportation planning data base, which is pretty much a compendium or a summary of the major aspects of the proposed road program relative to your -- both concurrency and maintaining your transportation network. I'd like to point out several issues on this report which we feel merit your attention of possible discussion. On page 14 of your agenda package, which would be page two of the data base, I would like to point out project I.D. numbers 49 and 50 have been combined. This is at the direction, previous board direction, to county staff to include the four-laning of County Road - - Immokalee Road from County Road 951 to County Road 858 in the current five-year plan, at a total cost of $13,000,700. We have construction proposed in FY '02, and I will also have a revenue note relative to this direction, should you continue to take this position. Any questions on this particular item? COMMISSIONER NORRIS: What is 858, is that Oil Well Road? MR. LITSINGER: Yes. CHAIRPERSON MAC'KIE: Stan, just again, for an English language translation, as I look through this, it looked like there are five major projects coming up for this year that are concurrency driven? MR. LITSINGER: I haven't counted. CHAIRPERSON MAC'KIE: Okay. MR. LITSINGER: But as a brief note, in the year where it says 1998 year expected deficient, where you see a year indicated, if it's '98 through '01, then that means that some sort of construction needs to be underway in that period. And I should have also pointed out that this plan meets all the concurrency requirements, should you ultimately require -- approve it. CHAIRPERSON MAC'KIE: I'm clear that, you know, we've got a -- we are complying with the state law, we've got a concurrency plan in place and we're going to find ourselves concurrent. The question that I would raise for the board's consideration is whether or not our level of service standards are correct, if these are the roadways that are identified as necessary. Because I think, you know, my personal experience and I've heard Commissioner Berry talk about some problems that don't appear on the project list, and that to me raises the question of whether or not our level of service standards are appropriate or if we need to look at those again. MR. LITSINGER: I have a couple of comments on that question. CHAIRPERSON MAC'KIE: Commissioner Constantine, I think. COMMISSIONER CONSTANTINE: Sure. Quickly, in response to that, I think the balance part of that is what's financially feasible? I Page 35 ----" ---...-" --.- January 12, 1999 always joke and say in July you can drive down these roads with a blindfold on and not hit anybody because you've got so many lanes and very little traffic. That's changing. But I wondered, just separate from that item, if as we go through here, rather than go item by item -- I assume all of us have looked at this. I have two of them I have specific questions on. I assume you all have questions on certain ones. And maybe rather than -- considering the length of today's agenda, maybe if we get a brief overview if there's anything outstanding, and then just take questions from the board and from the public on. CHAIRPERSON MAC'KIE: I have notes on the items I have questions about. I know that, for example, on this particular item, didn't you have a question, I thought I noted, about the I-75 issue? Which I think is one that Commissioner Berry has been having her eye on as well. Would you tell us the I-75 status? MR. LITSINGER: If you would let me, Commissioner, I would like to defer it to one of the transportation officials. I would just like to, for the record, point out a couple more highlights on this particular data base, and then we can move on to your specific questions. CHAIRPERSON MAC'KIE: Okay. MR. LITSINGER: As a response to your previous question, relative to the level of service standards, you will be asked to adopt a new level of service standard traffic count table here in the next several weeks, which will also affect level of service standards, and the timing of the necessity for some of these improvements. Also, on the other subject -- CHAIRPERSON MAC'KIE: Stan, will it be postponing them or moving them more -- MR. LITSINGER: We have noted in this transportation data base all the projects with a footnote of one beside them are actually projects that if you look at this year's traffic counts, it would indicate that we should have an improvement plan in this AUIR. However, when you approve a new tables -- traffic table counts, these projects will actually move out into the future. CHAIRPERSON MAC'KIE: So that's the opposite of the way I was interested in going on the ALS. I was interested in noticing -- identifying that our level of service doesn't wave a red flag early enough for me on certain roadways. MR. FERNANDEZ: Madam Chairman, maybe I can help you get to this point. It's a point I raised also when I had my briefing, and that is our perception as we drive on the road doesn't seem to match -- CHAIRPERSON MAC'KIE: Exactly. MR. FERNANDEZ: -- what the numbers are telling us and what the triggers are that we've put into place that say okay, now we need to address this road. We had a discussion about that, about whether the standards need to change so that our perceptions match the actual data that we're using to indicate the need to address the project. So I ask stan to Page 36 . . ,. ~_. . --..-. .--... -.-- January 12, 1999 speak to that. CHAIRPERSON MAC'KIE: And it's the trigger that I'm -- MR. LITSINGER: That's right. And the county manager made an excellent point, because the discussion that we had with him last week actually evolved around the two projects that I pointed out, 49 and 50. And if you look at the level of service standard, the section of Immokalee Road from Wilson Boulevard to County Road 858 does not specifically say due to concurrency we need to approve that road now. But the board, in recent months, having recognized the conditions there, had directed staff to include that improvement in the current five-year plan in order that we could get it on program. CHAIRPERSON MAC'KIE: So hopefully that was an indicator to you to say the triggers may not be appropriate. Maybe the triggers should come sooner than they are coming. That's the way I hear that, and it's my personal opinion, too. MR. FERNANDEZ: One of the things we talked about is that there are design features for these facilities that are qualitative that result in a congestion problem that may not be indicated in the sheer numbers. CHAIRPERSON MAC'KIE: I see. MR. FERNANDEZ: And whereas, for example, the - - there's portions of Immokalee Road that are two laned, and the fact that they're two laned, we feel, is what causes the problem. The staff has indicated that the problem may be not so much the fact that there's only two lanes carrying that volume of traffic, but the design of those two lanes and how they are designed is what prevents those two lanes from carrying the level of traffic they should be able to carry. CHAIRPERSON MAC'KIE: And if this is an item, board members, that you prefer I have a, you know, one-on-one discussion, if it's not something that the whole board has as an issue, I'll certainly move on, but I just want to bring it up, because this is the one time of year that we really have that opportunity. COMMISSIONER NORRIS: Well, I think it's a point that all of us are concerned about. However, I don't know that we're going to be able to solve it today. CHAIRPERSON MAC'KIE: No. COMMISSIONER NORRIS: I think give him direction to come back and discuss it would be more appropriate. CHAIRPERSON MAC'KIE: That's what I'd like to do if there is an interest on the majority of the board. COMMISSIONER BERRY: I think, Madam Chairman, I think this even came up at our MPO meeting. And I believe we talked about the level of service and the triggering of what really puts things into motion. So I would concur that maybe at another time, if we could have another item, or whatever is the appropriate place to put it on an agenda, that we need to take a look at that level of service. Because I think that's the trigger on some of these projects and what have you. CHAIRPERSON MAC'KIE: So Mr. Fernandez - - MR. FERNANDEZ: Madam Chairman -- Page 37 --~---,--- ,---- _.w,'_""____,_ ---."...-.---..- January 12, 1999 COMMISSIONER BERRY: Not necessarily today. Go ahead and let - - let them go ahead and finish their report, but I think in the future, we need to have that discussion. CHAIRPERSON MAC'KIE: If you'll do that for us, Mr. Fernandez, I'll stop talking about it on today's agenda item and we can move forward. MR. FERNANDEZ: Madam Chairman, I think we already have the process in place to do that. It's one of the issues that have been identified by the staff to be presented to you in your goal-setting session, something that we anticipate spending considerable time on. CHAIRPERSON MAC'KIE: Okay. Mr. Litsinger. MR. LITSINGER: A couple more points on the data base. Just to point out that the data base does include all your recent decisions relative to both the Immokalee Road issue we just discussed and the advancing of the two Livingston Road segments which were presented to you by Mr. Kant in November. If you will turn to the very last page -- or next to the last page, I should say, would be page 17 of your agenda, is one item that I feel that I need to point out to you, is the staff recommendation. That is I.D. number 139 on Page 17. CHAIRPERSON MAC'KIE: Where is that on the readable version? MR. LITSINGER: On the readable version, that's item 139 on page of six. CHAIRPERSON MAC'KIE: Thank you. MR. LITSINGER: As a result of staff discussion and preparation of this AUIR and this transportation data base, staff feels very strongly that we need to recommend to the Board of County Commissioners that you undertake a grade separations study in FY 99. The estimated cost is $650,000. The need for this study is due to the fact that we need to determine to what to extent and which intersections need to see some sort of improvement to avoid some sort of - - I'm trying to pick the right words here. CHAIRPERSON MAC'KIE: Flyovers. MR. LITSINGER: Failure as their roadway traffic volumes between the intersections continue to increase. The bottom line is that the proposal study would identify alternatives, identify those intersections which probably do not have another alternative other than some sort of a separation, and also, due to the amount of money that potentially would be involved over the long term, which we've identified as possibly in some cases ten to 15 million dollars per intersection, it would also give lead time to the preparation for the financing options which might be necessary. I have Mr. Kant here who can provide you some more information and I also have a handout on this proposed study. CHAIRPERSON MAC'KIE: Because I'd like to know where the four -- which intersections are the four that need study this year. MR. KANT: Good morning, Commissioners, Edward Kant, transportation services director. Mr. Litsinger is passing out to you a copy of a memo that was Page 38 '.___..W___ -.----.-.--- ,.--- --- January 12, 1999 provided to the administration based on staff's review prior to the preparation of the AUIR. I guess if somebody has to take the hit for whose brainchild is this, I guess I'll stand up and wave my hand. The concern -- to get back to your question, Commissioner, there are 15 to 18 intersections that were identified by the MPO staff and presented to the MPO some time ago. If necessary, we can get - - regenerate copies of that, but we didn't think it was necessary. CHAIRPERSON MAC'KIE: No, no, I just meant what are the four? This page back here, I thought I understood that four to mean four intersections. MR. KANT: No, ma'am, that's footnote number four on that last page. CHAIRPERSON MAC'KIE: Good grief. COMMISSIONER CARTER: We would like to get by with four. CHAIRPERSON MAC'KIE: I wish it were four. Okay. COMMISSIONER CARTER: Well, you say it's perhaps 15 or 16. MR. KANT: I believe that there were 15 to 18 intersections identified. Well, actually, there were 21 intersections identified as potential candidates, of which 15 to 18 -- and I think we've winnowed down, the last number was 14. I'm somewhat hesitant to give numbers, because I don't want to have to live with that number if it's a wrong number. We're winnowed down as having the greatest potential for grade separation, given a number of other factors, such as lack of alternate routes, the potential for increased traffic as a consequence of other construction, the potential for increased traffic as a result of undeveloped lands adjacent, these types of issues. So we believe that - - again, we know that there has been some sentiment expressed by -- through the MPO process that grade separations may not be the answer, they may not be a desirable answer, they may not be desired. However -- CHAIRPERSON MAC'KIE: Mr. Kant, I think it's more than some sentiment expressed. I think there was a strong indication that we wish there was something else we could do. And I think that's a real important piece of the study. And we understand -- I understand the however, but I want you to hear it's more than just some sentiment expressed. MR. KANT: I understand that, Commissioner. I hear you loud and strong. But I believe that as a professional member of your staff, we would not be doing the job that we're getting paid to do if we didn't present the facts to you. And I believe the facts are such that if we do not at least acknowledge that we need to get some information with respect to what is the state of the art, what kinds of alternatives at the intersections are available to us, there are - - in terms of design considerations, there are big sprawling ones, there are little tight ones, there are some of the monsters you see up in pinellas County, and there's some other things that perhaps would work better for Collier County. But until we get a handle on this, we cannot come back to you and give you intelligent answers to some of the questions you're going to have over the next five years or so. Page 39 -.-- January 12, 1999 CHAIRPERSON MAC'KIE: We understand that. Commissioner Constantine? COMMISSIONER CONSTANTINE: Is there really no one on our own staff that can do that? MR. KANT: No, sir. CHAIRPERSON MAC'KIE: That's a direct answer. Appreciate that. Any other comments on that? COMMISSIONER CARTER: Well, I think we need to do it. I would agree, we need a long-range plan on this, and we have to deal with the reality of what's going to happen. And I want to know what's going to happen, and I want to know what all the variables are and I want to know what our options are, so that we don't do some piecemeal crazy kind of configuration out of desperation. CHAIRPERSON MAC'KIE: I agree. MR. KANT: I might point out also that in the last paragraph, or next to the last paragraph, I've tried to put a handle on the costs. I do not want to alarm anybody with this cost. Frankly, it's my professional opinion that we can do this for significantly less money. However, I believe that in terms of budgeting and until we can get somebody on board that can help us to nail down exactly what our scope is going to be, that I had to give you a worst case cost. And I know that we've had discussions with the administrator and with my administrator, and we're going to watch very carefully how much we spend on this. COMMISSIONER CARTER: Is it better to go the consultant route, or should we be searching for a professional that comes here to augment our staff, or do we need to do a combination? MR. KANT: I would submit, Commissioners, that through the public works engineering department's project management staff, we can go through a consultant selection. I don't believe that we should be - - and again, this is my professional opinion, but I don't believe that we should be so parochial in this particular instance as to believe that we can see everything that's out there that might affect our decisions. And I believe that by having a consultant, especially because these are fairly complex structures and involve fairly complex traffic issues, I believe that we should get the best expertise we can. And again, over time, we may find we have to augment our staff, but this initial effort, I believe, is something that would be best handled on a consulting basis. COMMISSIONER CONSTANTINE: I guess I just follow up to that question with why I asked the last one, is that $650,000, we ought to be able to hire several people. And what happens when we typically -- what appears to happen when we typically hire a consultant is we often see the same body come before us from Wilson-Miller or from whomever it is we bring in. And it makes it appear as though a person or a couple of people, even though theY're outside the county, one single person or perhaps two people can do that job, and as long as they have the expertise. And so I follow up Commissioner Carter's question with if Wilson-Miller can find a person to do that or Plummer or anyone else Page 40 ^_.'........._o., January 12, 1999 can find a body or two bodies to do that, why can't the county, or is there a benefit that we don't want to do that? MR. KANT: I don't have a ready answer, Commissioner, but I would represent to you that if it appears that the board wants us to examine that a little more closely before we go ahead, I have no problems if the administrator would give us some more time to do that, certainly. CHAIRPERSON MAC'KIE: It sounds like a board direction in that regard to look at that feature. MR. FERNANDEZ: Madam Chairman? CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: There are pros and cons in going each way. In this case, we're looking for objectivity, we're looking for maybe an arm's length look at this stuff. Maybe if we can save considerable dollars and address it through an in-house approach, we might be willing to compromise a little bit on that in order to save some big dollars. So we can take a look at the pros and cons of going in-house versus contracting. CHAIRPERSON MAC'KIE: Okay. Do you want to move ahead then, Mr. Litsinger? MR. LITSINGER: Yes, ma'am. One last item on the data base that I would like to bring to your attention. That would be on Page 18 or page eight -- excuse me, six of six of the readable copy. And also in our discussions where we arrived at the conclusion that we needed to speak to you about the grade separation study. We felt, even though it does not show up in the five-year planning period as a decision item this year, we felt that we had an obligation to point out to you under footnote number three that the new five cent gas tax which was adopted by the board in 1993, the ordinance for that, creating that gas tax, contains a requirement that should that gas tax be not sunset, it would have to be approved by a referendum. The reason we point this out to you now is that when we come back to you next year at this time, you will start to see that revenue drop off of this planning table, which makes it pretty much infeasible. The bottom line is that we're looking in January of '03 losing 22 percent of our cash flow to fund road construction at this point, which would either require a substitution of some other form of revenue, a reauthorization by the electorate of the five - - renewal of the five cents by general referendum, or decision by the board to take other action relative to altering the existing ordinance. Also, I would point out to you that the issues relating to this five cent gas tax sunsetting on its scheduled date relate to the calculations that determine road impact fees. This would also have a significant impact on the road impact fee ordinance. It's not a decision point today, but we felt we had the obligation to point it out to you, as opposed to coming to you next year at this time and raising a -- and turning on a red light and saying we have a real problem here. COMMISSIONER NORRIS: The gas tax can be extended by approval of this board? Page 41 ,"--.. _.,~---- January 12, 1999 CHAIRPERSON MAC'KIE: By referendum only. MR. LITSINGER: At this point under the ordinance. COMMISSIONER CONSTANTINE: There's nothing to prohibit us from doing that referendum well in advance of '03, though, is there? MR. LITSINGER: That's exactly what we had hoped to hear you say, Commissioner. We wanted to bring it to your attention now because we think that it's never too early to start looking at whether or not the constituents want to approve the five cents to be renewed for some term, or whether or not there needs to be some other alternatives explored. CHAIRPERSON MAC'KIE: And I had a question about how -- you said that it affected the calculation of impact fees. Might impact fees go up if we lose the gas tax revenue? Is that what you're saying? MR. LITSINGER: In the impact fee ordinances and the rational nexus study that arrives at what an impact fee should be, the existing gas tax revenues are part of the formula that determines what share should come from new growth. So if you took 22 percent of your cash stream from gas taxes and state-shared revenues relative to road construction, intuitively it tells you that some changes would need to be made there. CHAIRPERSON MAC'KIE: I mean, that seems to be a real important part of the puzzle, that if we eliminate the five cents, then we add -- we can make it up through impact fees? MR. LITSINGER: I wouldn't want to address that question. I will tell you now that about 22 percent of our road construction monies are impact fees, the rest are gas taxes. COMMISSIONER CARTER: When do we need to put this on our agenda to deal with this? CHAIRPERSON MAC'KIE: It's up to the board -- MR. FERNANDEZ: Madam Chair, this will also be part of that discussion that I referred to earlier in your goal-setting session -- COMMISSIONER CARTER: Our goal setting, okay. MR. FERNANDEZ: -- with the whole strategy of funding transportation in the tradition -- CHAIRPERSON MAC'KIE: Good. MR. FERNANDEZ: -- that you've had and the need to rethink that is going to be on your -- COMMISSIONER CARTER: Thank you. CHAIRPERSON MAC'KIE: Thank you. MR. LITSINGER: There's one last item that I need to point out on this same last page six. Down in the revenue section, you will notice that we have programmed -- this is a planning item at this point, does not require any specific action on the part of the board. In order to make this five-year plan financially feasible, particularly with the advancing of the four-laning of Immokalee Road that we spoke of, we would require some sort of a loan or bond proceeds of approximately 11 million dollars in FY '00, '01. But I understand there's a broader discussion taking place relative to some long-term financing. This is not a -- we're not asking you to approve borrowing 11 Page 42 '."._m___._ ____,,_.m__ _.._"-- January 12, 1999 million today, we're just asking you to tell us to put it into the plan for further discussion. CHAIRPERSON MAC'KIE: And I just don't want to learn another lesson the hard way. When we did that with the sheriff's budget and put in a, quote, phantom income, it sure did become a complicated issue. I wonder if that's something, Mr. Fernandez, you have some advice for us on that? MR. FERNANDEZ: I think that before you count on the revenuesr you should have the action in place that gives you that revenue. CHAIRPERSON MAC'KIE: So what could we do with this 11 million dollars today, or what should we direct staff to do? MR. FERNANDEZ: Your choice is to commit yourself by putting it in now, or I would say take it out until you put it in place. COMMISSIONER NORRIS: That's what I would say. CHAIRPERSON MAC'KIE: That's what I would say. MR. FERNANDEZ: Because otherwise you're dealing with a revenue that's not a real one. CHAIRPERSON MAC'KIE: And what's -- what flags go up on the roads if we don't put that 11 million dollars in? MR. LITSINGER: Wellr as I said, the driving -- CHAIRPERSON MAC'KIE: And when do they go up? MR. LITSINGER: The driving impetus that led us to put this 11 million dollar financing mechanism here was the advancing of the four-laning of Immokalee Road out to 858. CHAIRPERSON MAC'KIE: Is that an 11 million dollar project? MR. LITSINGER: It's a 13 million dollar project, but about half of it or less is a result of the decision. CHAIRPERSON MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: In 1994, this board passed a resolution that we wouldn't commit ourselves to spending money unless we knew what the source would be for that money, which is just kind of common sense. So if we're going to -- unless we're going to rescind that resolution as a county policy, I don't think we have a whole lot of choice here. We recognize we need to figure out where we're going to get that moneYr but I don't think we can put it in there without having that question answered. MR. FERNANDEZ: until it's real. CHAIRPERSON MAC'KIE: That's certainly my preference. COMMISSIONER BERRY: What does this do to this project, takes it out? CHAIRPERSON MAC'KIE: No. COMMISSIONER CARTER: Let me make sure -- I want to make sure I understand this. All we have to do is figure out how we're going to pay for it, and if we go to our strategic planning session and we have this discussionr we should at that point be able to determine how what it -- how we're going to do it, how we're going to find a capital expenditure to do that. And if I want to make sure I understand this correctly, this does not remove this from the list. Page 43 ~.. -_._-".__..~---- January 12, 1999 CHAIRPERSON MAC'KIE: Well, pending that discussion, it would be removed. MR. FERNANDEZ: Well, the difference between this document and the example that was used, the sheriff's example, is that this is a plan. That was a budget. CHAIRPERSON MAC'KIE: Okay. MR. FERNANDEZ: And there's a little bit of a distinction there. The fact that you have a plan to put into place a revenue source, I think you can still leave it in in the sense that it's a plan, because you are planning to do these projects on this timetable. But you need to take seriously the commitment that you're making to put the funds in place to do it. What we hope to get from the goal-setting session is a strategy that you can then direct the staff to implement the strategy on how we're going to go about putting the funding pieces into place to make this thing happen and to make the other things that the board wants to happen. CHAIRPERSON MAC'KIE: When is that meeting? MR. FERNANDEZ: 28th. COMMISSIONER CONSTANTINE: I think the whole board is clear we want to make that Immokalee Road a priority and get it done. But I don't think we can put down that it's all said and done when we don't know what those fund sources will be. We may know in a week, but we don't know today. CHAIRPERSON MAC'KIE: So it has to come out today with an asterisk that it will come back in, we hope, after our planning session, or at least 11 million dollars of the 13 million dollar project has an asterisk by it for today. MR. KANT: Madam Chairman? CHAIRPERSON MAC'KIE: Is that consensus? COMMISSIONER BERRY: No. MR. KANT: Madam Chairman, if I may add a comment to that? Edward Kant, transportation services director. The program, as presented, has some design dollars in this fiscal year and next fiscal year followed by right-of-way and followed by construction. Just so you'll be aware, we could, under the -- without the bond, we could continue with the design effort, which is not a bad idea, because many times we find things, snakes we have to kill is the technical term, and we find things that may arise in terms of permitting or future right-of-way needs that may take longer. We could defer the construction, we could defer the right-of-way. There are things that we could do. This program was put together to try to bring this, at the board's direction, into the five-year program. That doesn't mean we have to stop the work. It may mean that we may have to do some deferrals until the board gives us further direction on the financing. I would -- CHAIRPERSON MAC'KIE: Because Commissioner Berry, we do still have 11 million dollars. MR. KANT: - - represent to you that the design financing is available. Page 44 ---.-".... " -..--.-. .~_.,- --~.,,'",_. January 12, 1999 CHAIRPERSON MAC'KIE: I mean, two million of the 13 million, so the project doesn't stop. I'm not supporting stopping the project, because we have two million dollars available for this project without this 11 million dollar capital source. So is that what we're all saying? Don't stop it but flag the 11 million dollars until we find a source for it. COMMISSIONER BERRY: And I agree with that. COMMISSIONER CARTER: Then can we, after we have our strategic planning session, revisit this and make sure that it doesn't get slipped? CHAIRPERSON MAC'KIE: Yes, Mr. Fernandez I you'll be sure that happens, right? MR. FERNANDEZ: Yes. MR. KANT: Thank you, Commissioners. CHAIRPERSON MAC'KIE: Thank you. Other elements? Are we done with transportation? MR. LITSINGER: No, ma'am. CHAIRPERSON MAC'KIE: Oh, darn. MR. LITSINGER: As I should have pointed out at the beginning of this process, the ordinance requires that specifically for category A projects, those types of facilities that drive concurrency, that after the discussion on each facility type, we ask the board to approve the recommended project list. On page 19 of your agenda package is attachment C, which essentially is the five-year road program that we would ask the board by motion and vote to direct staff to include in the next capital improvement element update. You have just mentioned the possibility of not wanting to go forward with the entire 13 million dollars, I can't find it here, for project number 71 on page 22. I would submit to you that at this time, by the time you receive the capital improvement element, you will have made all the decisions and it would be very possible to make the adjustments in that, should you make a different decision. So staff's recommendation is to approve attachment C as the Collier County road plan to be included in the capital improvement element. CHAIRPERSON MAC'KIE: And if we should eliminate project 71 for the next 28 days, it wouldn't affect our concurrency issuesl because it's not - - MR. LITSINGER: Not at all. CHAIRPERSON MAC'KIE: -- a concurrency project. MR. LITSINGER: Not at all. CHAIRPERSON MAC'KIE: So I would hope we would approve the first 70 and approve two million dollars worth of number 71. COMMISSIONER NORRIS: I'll make that a motion. CHAIRPERSON MAC'KIE: Does that make sense to anybody, enough to second it? COMMISSIONER CONSTANTINE: Just tell me how this figures in. But when we passed that gas taxI part of the agreement was that that money would only be used for concurrency driven projects. Page 45 -".",--, .--.... -""- January 12, 1999 Are we counting on any of that money for this parcel? When you say golly, that's not concurrency driven, I don't want to get ourselves in some sort of trouble there with the way that ordinance was crafted. MR. LITSINGER: Commissioner, I'm not a real, it's been a number of years, up to date with the language of that particular ordinance. I do remember the public hearings very vividly. But my recollection of the ordinance was, is that the legislature had just recently made the five cent option available to local governments for the issues of concurrency. I do not recall whether our ordinance specifically says - - COMMISSIONER CONSTANTINE: I do recall very specifically, because I'm the one that asked it be put in there, because there were some pet projects floating around then that -- we were going to tax the people we wanted to do it because it was concurrent - - MR. LITSINGER: That would be an accounting question, and I'm really not prepared to answer. CHAIRPERSON MAC'KIE: I'm going to just beat this horse one more time to say that this is - - this makes the point that we need to look at our level of service standards, because this should be a concurrency driven project. COMMISSIONER CONSTANTINE: I agree. I just don't want to end up a year from now into this and find, oh, golly, one of the sources we thought we thought we were going to isn't available. We want to know that on the front end. CHAIRPERSON MAC'KIE: Important. Commissioner Berry? COMMISSIONER BERRY: What runs the concurrency? CHAIRPERSON MAC'KIE: The level of service standard. COMMISSIONER BERRY: Is it the level of service? CHAIRPERSON MAC'KIE: Yes, ma'am. MR. LITSINGER: That's correct. If I could give her a brief explanation or -- CHAIRPERSON MAC'KIE: Please. MR. LITSINGER: -- move on? In road concurrency, Commissioner, the requirement is, is that once a road becomes potentially deficient or at the point it becomes deficient, that we have to have the construction programmed with the available revenue identified to make the improvement to restore the level of service in the first three years of the county's road program, or alternatively, if it's a state road, it has to be in the first three years of the state's five-year plan. CHAIRPERSON MAC'KIE: And the definition of deficient is its grade level, A, B, C, D, whatever they -- wherever they go. And what I'm saying is that we've adopted gridlock as an acceptable level of service for this county, to a great degree, and maybe we need to move that up. MR. MULHERE: Commissioner Mac'Kie, I just wanted to add, as far as Immokalee Road goes, technically, the level of service is currently acceptable. We predict within one year it will not be. I think that's a question of timing, really. Page 46 January 12, 1999 To make the statement or to jump to the conclusion that it's deficient now by concurrency standards, we would not agree with, although we do agree that within a year it probably will be. It really is a design issue on that road. It's access to the road and those types of improvements that could reduce the safety issues there. We're moving forward obviously with design, but the concurrency really doesn't address those issues. The concurrency standards - - CHAIRPERSON MAC'KIE: Bob, identify yourself for the record. MR. MULHERE: I'm sorry, for the record, Bob Mulhere, planning services director. I felt that's an important issue, because I do not know that - - for a fact that our levels of concurrency, and if we reduce those, I mean, if we reduce those, there are significant fiscal impacts that have to be addressed. CHAIRPERSON MAC'KIE: Clear. I just want us to -- COMMISSIONER CONSTANTINE: And the point Bob just made may help me out here. But if it is going to be deficient next year, great, then we're not looking at that funding, the majority of that funding taking place until after that anyway, but I just wanted to make sure we didn't end up with a surprise a year or two or three from now that we couldn't use those fund -- that funding source. CHAIRPERSON MAC'KIE: So since there's no second for Commissioner Norris' motion at this point - - COMMISSIONER CONSTANTINE: What was the motion? COMMISSIONER CARTER: Motion again, please? COMMISSIONER NORRIS: The motion was to accept staff recommendation with the exception of not including item 71, because of the funding question. COMMISSIONER CONSTANTINE: Pending our action a week from now. COMMISSIONER NORRIS: Certainly. But, you know, what we need to remember, board, is that when we decided to advance this project, we knew we didn't have the funds in place. We knew we were going to have to shuffle some funding around. I don't know why this discussion needs to go any farther. We knew that in advance. COMMISSIONER BERRY: I'll second your motion. CHAIRPERSON MAC'KIE: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh on that element. Does that suffice for you? MR. LITSINGER: Clarification. That's zero dollars or two million dollars? CHAIRPERSON MAC'KIE: I thought that was - - COMMISSIONER NORRIS: No, that was to leave - - leave those available two million in there. Just for a clarification. CHAIRPERSON MAC'KIE: Okay. You going to talk about parks? MR. LITSINGER: Yes, that would be page 24 of your agenda package here. Again, it's a category A facilities. Current level of service Page 47 _.,,--.- '- January 12, 1999 standard is $179 in capital inventory per capita. Before this presentation, I would like to point out to you, as you're well aware, you're about to receive in the next couple of months a study which will propose both new levels of service standards and possible changes in the impact fees relative to all air park facilities, to preference my presentation. staff is recommending that the BCC direct these - - staff to include projects identified in the next CIE update and amendment, which reflects available inventory at the current valuation, in the next CIE update amendment. CHAIRPERSON MAC'KIE: Do we have any concurrency driven issues in parks? MR. LITSINGER: At this point in time, we're in excellent shape. Most - - almost all of our parks activities are totally impact fee driven. And with the possible few exceptions of policy decisions by the board to acquire additional facilities, we have no concurrency issues. CHAIRPERSON MAC'KIE: You need a motion to accept the staff's recommendation on this project list? MR. LITSINGER: Yes. COMMISSIONER CARTER: I so move. COMMISSIONER BERRY: Second. CHAIRPERSON MAC'KIE: Motion and second. All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. What now? Oh, one that I have a question or two on. Drainage? MR. LITSINGER: Yes. Should I begin? CHAIRPERSON MAC'KIE: I'd just - - I just pose the question for the board. Again, this is a level of service issue. But as I read this, we don't have -- we don't have any level of - - I'm sorry, we don't have any concurrency driven drainage projects. MR. LITSINGER: That's correct. CHAIRPERSON MAC'KIE: And that is flabbergasting to me. I mean, that's incredible to me, considering the amount of flooding that we have in this county. Again points out that our level of service, our adopted LOS, must be insufficient in some cases, when, for example, you know, East Naples floods every time there's a hard rain. And the reason I think that what's broken there is that what we've adopted as a level of service for existing development is what whatever's there. And I wonder if we don't want to at least try to do something for a five-year storm, or a -- I don't even know if there's such thing as engineering for a five-year storm. But again, I don't think this is relevant for today's item, but I just wanted to use the opportunity to bring it up and hope that Mr. Fernandez will include that in our planning issues as we go forward, because -- no, we have no flooding problems in Collier County, according to our level of service standards that we've adopted. COMMISSIONER CONSTANTINE: I hope that's not what this is saying, Page 48 __'''_m..___''_,___. -._- January 12, 1999 but I think we have to recognize there are some, particularly some of the older areas that are low lying and are subject to flooding. If we can do things to improve that, we should, but I think realistically we have to realize there are certain areas that are just going to be subject to -- and again, each area, what we've done traditionally is have -- Collier County has shared in it, like in Naples Park, but areas that are previously developed and are having a problem have helped participate in funding the correction. And I think we need to stay fairly consistent in that in that if the county can participate in some way in correcting those, great, but I didn't read this to say we don't have any problems anywhere with flooding. MR. LITSINGER: I can give you just a brief history. Over the last five years, we have had issues with the department of community affairs on adopting level of service standards relative to the water management master plan, the county having taken the positionr the Board of County Commissioners having taken the position that after receiving a rather expensive study and a rate schedule to make improvements that at that time were priced in excess of 80 million dollars to achieve higher levels of service in particular areas, that it would be dealt with on a basin-by-basin basis, with the property owners deciding should they want to pay for additional improvements through the assessment process. CHAIRPERSON MAC'KIE: For now DCA has signed off on that. MR. LITSINGER: They gave up the fight, yes, ma'am. CHAIRPERSON MAC'KIE: Okay. So you need -- if there -- are there any other questions on the stormwater management element, or does somebody want to move to approve this staff list of projects on page 33 of our agenda packet? MR. FERNANDEZ: Madam Chairman? CHAIRPERSON MAC'KIE: Yes, sir. MR. FERNANDEZ: Before we go further with action, I have one speaker who's registered to speak on this issue, and I don't know which of the particular sections - - CHAIRPERSON MAC'KIE: Who is it? MR. FERNANDEZ: - - there may be an interest. Jackie Dering. CHAIRPERSON MAC'KIE: No. She's here for the library appointment. MR. FERNANDEZ: Okay. MS. DERING: I would like to speak for the library source as well. CHAIRPERSON MAC'KIE: Oh, I'm sorry, libraries here. Thank you. MR. FERNANDEZ: Okay. Thank you. CHAIRPERSON MAC'KIE: Okay, any other comments on the stormwater? COMMISSIONER CARTER: No, I think what you said, Commissioner, was in our strategic planning we can address some of these issues, and I have one area in particular that I want to discuss on that. But I do not believe that this is the forum for that at this point. CHAIRPERSON MAC'KIE: Agreed. Is there a motion to approve the staff list? Page 49 -_._"~-~..__.._.- .--. ------,^ January 12, 1999 COMMISSIONER CONSTANTINE: So moved. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. MR. LITSINGER: Page 34 of your agenda package, potable water system. Here again, we have no level of service issues at this point to address. We have additional eight million, eight megagallon a day capacity planned in the five-year period. Here again, the funding sources, existing revenue streams -- COMMISSIONER CONSTANTINE: Excuse me, Stan. Madam Chairman, move the item as listed on page 35 in our packet. CHAIRPERSON MAC'KIE: Second? COMMISSIONER CARTER: 28. CHAIRPERSON MAC'KIE: Page 35 is the list of potable water system projects. Am I right? MR. LITSINGER: I'm referring to AUIR facilities summaries page, page 28 or 34. CHAIRPERSON MAC'KIE: Well, 28 is the summary, but 29 is the list of projects, isn't it? MR. LITSINGER: Right, on these spreadsheets. COMMISSIONER CARTER: Page 35, I'm in the landfill. CHAIRPERSON MAC'KIE: Okay, so we have a motion -- is that an acceptable description for you? MR. LITSINGER: That's correct. CHAIRPERSON MAC'KIE: Is there a second for that motion? COMMISSIONER NORRIS: Second. CHAIRPERSON MAC'KIE: All in favor? Motion passes five-oh. MR. LITSINGER: Page 36 and 37, north county sewer treatment. Here again, no concurrency issues -- CHAIRPERSON MAC'KIE: Excuse me, Stan, does anybody have any particular questions on this one? COMMISSIONER CONSTANTINE: Madam Chairman, motion to approve the items on page 37. COMMISSIONER NORRIS: Second. CHAIRPERSON MAC'KIE: All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. Yes, sir. MR. LITSINGER: And south plant. CHAIRPERSON MAC'KIE: Similarly, no -- MR. LITSINGER: Similarly, no concurrency issues. CHAIRPERSON MAC'KIE: Any separate motion on that? COMMISSIONER CONSTANTINE: Madam Chairman, motion to approve the items as listed on page 39. COMMISSIONER CARTER: Second. Page 50 "_._.~~ -.-...., _._~_.__._,-~-,-_.- "- January 12, 1999 CHAIRPERSON MAC'KIE: All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes five-oh. MR. LITSINGER: Next item is on page 40 and 41, that is solid waste. Here staff is recommending no additional landfill site expansion or cell construction at the current site pending the final acquisition of site L, as the board has previously indicated. There are no concurrency issues immediately at hand, however, there are some developing in the out yearsl but none that you need to deal with today. CHAIRPERSON MAC'KIE: And as with the other issues, there are some probably long-range planning issues to be discussed in that regardl but not in this particular forum, so is there a motion? COMMISSIONER CONSTANTINE: with that in mind -- COMMISSIONER CARTER: The next year we're okay is what you're telling me? MR. LITSINGER: That's correct. COMMISSIONER CONSTANTINE: Madam Chair, motion to approve items as listed, Page 41. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Motion and second. All in favor? People, start voting. All opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. COMMISSIONER CONSTANTINE: A very quiet five-oh. MR. LITSINGER: Page 42 is really a continuation of solid waste. Here we're talking about the constructed line cell, which we had just briefly discussed, and the motion was recommending we keep the same, no action at this time pending acquisition of site L. COMMISSIONER CARTER: I move we accept. COMMISSIONER CONSTANTINE: Second. CHAIRPERSON MAC'KIE: Motion and second. All in favor? (Unanimous vote of ayes.) CHAIRPERSON MAC'KIE: Motion passes. MR. LITSINGER: That completes category A facilities. Briefly, category B facilities or those facilities in the county which the board has adopted a level of service standard as policy which you would like to maintain for the citizens' quality of life standards. They are not binding relative to concurrency and issuance of development orders and are only binding on the budget to the extent that the board approves these projects. The first project is page 45 of your agenda. Here is the county jail, which has been in and out of the CIE for ten years. COMMISSIONER CONSTANTINE: Question for you on that. As we look at the value cost, it talks about required inventory and number of bids and so on. But my recollection when we were dealing with this issue 18 months ago, whatever the time frame was, was nine or ten Page 51 -~--_...._- - ~......~--^-..._,-. January 12, 1999 million dollars of the amount being considered was for administrative space. And I don't have any objection if we're running out of jail cells or jail beds, if we need them, to building those. I'm not sure that I've been convinced why we need ten million dollars worth of administrative space yet. So I've got a little problem when we put that -- plug that number in here of 29, almost 30 million dollars. MR. LITSINGER: The commissioner makes a point. The cost - - the latest identified cost per cell is about $30,800. A portion of the 20 -- or approximately 30 million dollars that you see identified here in the proposed facility is administration. And it is included because the - - it has - - it had previously been the intent to make the total improvements at one time. COMMISSIONER CONSTANTINE: And I don't have any question that we need to provide more space over there, not only for the jail, but for the sheriff and his administration. It's just for ten million dollars I can put together something pretty fancy, I think. I just have a problem with the amount of money we're talking about. CHAIRPERSON MAC'KIE: Do we have a level of service -- as you said, we adopted an LOS for this category B facilities and -- MR. LITSINGER: Yes, ma'am. CHAIRPERSON MAC'KIE: -- we don't have to, but we adopted one for jail space. Does that include administrative office space? MR. LITSINGER: No, ma'am. Our level of service is nearly .0024 beds per capita, and that is a rather simplistic way of approaching the jail's issue, due to all the issues you're aware of with not mingling certain types of inmates and so forth -- CHAIRPERSON MAC'KIE: Sure. MR. LITSINGER: -- would have to be addressed in more depth, but from a concurrency standpoint, we are -- currently do have a deficit in the planning time frame of approximately eight beds without the addition. At the same time that I was going to ask the board to recommend that we include this project in the CIE, keeping in mind that it is not Obligatory that we go forward with it other than the plan that's presented to the board. I do understand -- CHAIRPERSON MAC'KIE: Would it make more sense to keep it clean, Stan, if we only included in the CIE the elements for which we have a level of service standard, and that would address Commissioner Constantine's issue about the administrative space. MR. LITSINGER: Certainly. CHAIRPERSON MAC'KIE: Concurrence on the board? Somebody -- any other questions on the jail element. Are we ready for a motion? Do you have anything else you have to tell us on that? MR. LITSINGER: The only other item that I wanted to point was the note -- was the fact that the financial adviser, Mr. Regan, I understand is going to be reporting to you very early this year relative to not only funding options for this particular facility, but some others also. And as far as the revenue source, I would propose that we leave that open and just identify it as a bond or loan proceeds until such time as - - Page 52 "----,- --- January 12, 1999 COMMISSIONER CONSTANTINE: I'll make a motion we approve the item consistent with the chairman's comments, because I -- MR. LITSINGER: Just to include the cell capacity only? CHAIRPERSON MAC'KIE: Is there a second? COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Motion and second. All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes five-oh. MR. LITSINGER: The next item is library buildings. Here again, we have a deficit in library buildings which will be relieved by the construction of the north regional library that's currently planned in '01, '02. Staff is recommending to include the north county library in the capital CIE. CHAIRPERSON MAC'KIE: Miss Dering, were your comments on the buildings or -- okay. So any comments on the library buildings? COMMISSIONER NORRIS: I'll move the staff's recommendation. COMMISSIONER BERRY: I'll second it. CHAIRPERSON MAC'KIE: Motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes five-oh. MR. LITSINGER: Page 49 of your agenda package is library book stock. Here again, the level of service standard adopted about two years ago was a progressive level of service standard, ultimately achieving 1.65 books per capita. Staff is proposing a book budget funded primarily by ad valorem taxes on an annual basis that would achieve the 1.65 volumes per capita. CHAIRPERSON MAC'KIE: I had a question on that. Does anybody else on the board? My question was $30 a book? What is that? MR. LITSINGER: That is a composite evolved that the library system came up with a composite of the -- of obviously some volumes are much less than that and other volumes are more. That's a composite figure, an average for planning purposes. CHAIRPERSON MAC'KIE: Is there administrative overhead or something included in that, too, Mr. Olliff. Do you know? Is that -- surely that's not the average cost of a book. I could go down to Barnes and Noble. MR. OLLIFF: Well, like Stan says, it is a composite of -- it may include the cost of a video, any material that's checked out. And the materials that you buy for your library are not the materials that you buy for your home -- CHAIRPERSON MAC'KIE: Would you identify yourself for the record? MR. OLLIFF: I'm sorry, for the record, Tom Olliff, public services administrator. Page 53 --.-.----.....-. -'.'--'--""-- - January 12, 1999 The materials that we buy for the library are bound completely differently, and they are more expensive so that they can handle a circulation of thousands and thousands of times, so that they are more expensive. CHAIRPERSON MAC'KIE: It's amazing. COMMISSIONER CARTER: Well, a lot of times your reference books and that are much more expensive, so -- MR. OLLIFF: In fact, that per item cost is significantly less than it was when this plan was originally adopted. And we actually ratcheted that down about four years ago. CHAIRPERSON MAC'KIE: And my second question and then we'll hear from -- MS. DERING: May I add something to that? CHAIRPERSON MAC'KIE: Well, just one second. Because Tom, my other question was for you, and that is, it was my recollection a couple of years ago when we talked about what the level of service is for the number of books we have in this county per capita, that the board indicated a willingness to have a higher standard immediately instead of this graduated indication. Well, that's certainly the way I feel about it. What I was told at the time was that the library didn't want to get any more books, any more quickly than we currently have in this plan. COMMISSIONER CONSTANTINE: I don't remember that. CHAIRPERSON MAC'KIE: No? I thought I heard that Mr. Jones said this is all the new books we can handle each year. Am I dreaming that up? MR. OLLIFF: There becomes a certain level where -- and that's one of the recognitions the board always has to make in terms of looking at capital projects. With capital project increases comes a certain amount of administrative cost increase as well. And if you do start increasing the number of books that are purchased and put on the shelf every year, then yes, at some point you're going to have a corresponding increase in staff. I don't know that a .05 versus a .075 level of service standard change is going to make that. CHAIRPERSON MAC'KIE: Well, I sure would be willing to make that a higher number of books myself. So I just wanted to say that. MR. OLLIFF: I do think, you know, the point he was trying to make was if you went from 1.05 to two tomorrow, that is going to have an impact on staff. COMMISSIONER CONSTANTINE: I think why we had done the incremental is just we had looked at the dollars and cents of that in any given year. I don't think we had limited ourselves to that. And if we have a good budget where money happens to be more available, then we left ourselves the option of making that .10 instead of .05 or -- but why we had done it that way was we had a couple of budget years that were coming at the time that were pretty tight. And so we wanted to make sure we made a commitment to increase it each year, at least a minimal level, but not make a commitment to where we could get Page 54 -----. ---"-"'~ -...~~,-- ---- January 12, 1999 ourselves in a bind if we had those years where money was tight. CHAIRPERSON MAC'KIE: Ms. Dering? MS DERING: WeIll my name is Jackie Dering, for the record. I'm the chairman of the library advisory board. I just wanted to add one thing to what Tom said, and that part of that $30 is the processing, getting it on the computer and getting it on the shelf as well, in addition to it being a higher quality book. But what I'm really here to talk about is the number of books on the shelves in the library. Is this the time for me -- CHAIRPERSON MAC'KIE: Yes, ma'am. MS. DERING: -- to speak to that problem? CHAIRPERSON MAC'KIE: Yes, ma'am. MS. DERING: The rapid growth in the county has really changed the whole complexion of the demands on the library very rapidly. In 1994 we had 1.05 books per person in the library. And in large part thanks to Commissioner Constantine, this .05 per year increase was brought before the county commission and was approved. And right now we're up to 1.3 books per capita in the library. That sounds like a big improvement, but statewide, the median for books per capita is now 1.8 because other libraries aren't standing still while we're accumulating books. They're continuing to improve as well. So we're further below the median than we were in 1994. For example, that's statewide. The U.S. average is 2.5 books per capita. And New York City -- not New York City, New York State, it's three books per capita, per person. Our circulation is the second highest in the state. We circulate two million items per year currently, compared to Broward County, at only four and a half million. And when you consider the difference in the size of population, that shows our library system is far busier than their library system. This limited books is a real hardship on the library users in the county due to unavailable materials. The BCC goal at the time that this was instituted was to attain the midpoint between the high and the low books per capita within the state. The LAB position is that Collier County should be far better than average. We feel we're a far better county. So what we're asking you to consider is raising the growth from .05 per year to .075 per year, which is not a dramatic increase and it could be handled by current library staff. sid and I are available to answer any questions. One other item I wanted to bring up that came up in your earlier discussion. If we raised it, say two books per capita per year, the problem is the way the publishing industry works right now, they've stopped stockpiling books. They produce a certain amount of books that they can sell each year. So current materials are really what's available. And where the library -- what the library can do is keep up with current materials. If you give them an increase of two books per year, there aren't that many new materials coming out. And older materials, which really should be in our collection that are great holes in what this library has to offer, are really not available, and Page 55 --,.~----,_.~---- --. ---- January 12, 1999 books that are ten or 20 years old that were -- CHAIRPERSON MAC'KIE: Classics. MS. DERING: Not so much the classics, but travel books or nonfiction that doesn't really change. Those kinds of things are out of print and not available and are holes in the collection, but we can't really address that through growth management. That would have to be through gifts or lucky finds. CHAIRPERSON MAC'KIE: But if we don't increase our level of service standard at a higher rate than we currently are, we're only going to come against that problem more and more. MS. DERING: That's right. It won't be corrected going forward and we will fall further and further behind. We're behind Mississippi. CHAIRPERSON MAC'KIE: Hey, that's where I'm from. Watch it. MS. DERING: Anyway, thank you so much for your time. CHAIRPERSON MAC'KIE: Thank you, Jeri. COMMISSIONER CONSTANTINE: I would hesitate to increase the required number every year. Again, just because we don't know here and now what the budgetary impacts of that are. What I would suggest, though, is that we make a commitment as individuals, that last year, for example, was not as tough a budget year as some years. We had a year two or three years ago where we at one point thought we might have to have an ad valorem increase of 15 or 18 percent, and we chipped that way back. But last year was a relatively easy year, and what I think we ought to make a commitment to do is in those years where we have a good budget year is make not make .75, but make a larger increase than that. When we have the opportunity to, perhaps knock it up .10 or more, and I think we can play catch up that way, but not commit ourselves to a point where we could get in trouble in a budget year. Because I would like to at least have some leeway for prioritization. Right now, it doesn't look like we're having tough times, but two years from now the economy turns around and you don't know, and so I would rather at least leave ourselves that leeway. But I'm willing to make, and I suspect the majority of the board is, a commitment that in those good years, let's make it bigger than 05, just not put that in the AUIR. CHAIRPERSON MAC'KIE: Any other thoughts on that? Yes, sir. COMMISSIONER CARTER: But if I understand Ms. Dering's comment, .075 is what you would really like us to have. CHAIRPERSON MAC'KIE: As a terribly low minimum. And -- COMMISSIONER CARTER: Compares to -- CHAIRPERSON MAC'KIE: I'm going to say that I'm going to support that, because the reality of how the budget process works around here, as I've watched it for the last four years, is what we're going to get as a library budget is going to be what is adopted as this standard. We're not going to be -- you know, we would be in a position in a budgeted meeting of having to say, I want to increase this budget and therefore increase taxes more, and the politics of that are unlikely. MR. FERNANDEZ: Madam Chair? Page 56 _~,__ __.__.".._.~..< ___u.._ ~"__" __~___._~ _"'_ _'~~"_"___ January 12, 1999 CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: The dynamics of the process are such that you probably will get an initial budget request or at least a recommendation from me that matches the standard. If we go through the process and there's money left over at the end, absent a policy direction from the board to emphasize one particular program area over another, we have to come back to you and say okay, like we did last time, here's some money, how do you want to spend it? So I would just say that the level of service standard is probably going to be used by me as I am formulating my recommendation to you on a budget that's balanced. Because also, I've heard loud and clear, I've got on the table every time I look at a budget, keep ad valorem taxes to their absolute minimum. So I'm going to have to weigh the decision of in this case adding more books or coming in with a tax cut if I do have a good budget year. So it's the kind of policy direction -- this is a way of giving us policy direction, by setting a level of service standard. CHAIRPERSON MAC'KIE: I'll stop after this, but I want to say that I don't want to put library books in the, if we have money left over category. That's not how we prioritize things in this county. I just don't - - COMMISSIONER CONSTANTINE: I don't either, but in those tight years, in a year where we have a very, very tight budget, if my choice is sheriff's protection and EMS and library books, I'm going to pick EMS and have ambulances show up. CHAIRPERSON MAC'KIE: But - - COMMISSIONER CONSTANTINE: So I just want to at least leave ourselves - - I think that's just good budget planning. Leave yourself a little bit of leeway. I'd like to hear, what is the budgetary impact. Do we know what those numbers are if we have what would equate to a 50 percent increase in our required addition every year? MR. OLLIFF: I looked at that. It's - - I think what - - and I didn't have a chance to look at that until this morning, but I think she's proposing a .025 increase. CHAIRPERSON MAC'KIE: She is. MR. OLLIFF: And if you're talking about a 10,000 population -- COMMISSIONER CONSTANTINE: I know it's .5, so that's - - MR. OLLIFF: If you're talking about a 10,000 annual population increase, you're talking about 250 books a year. CHAIRPERSON MAC'KIE: At 30 bucks a book. MR. OLLIFF: $7,500, $10,000. I'm standing here doing this off the top of my head, so please don't hold me to that. But the other option is that we could come back and actually budget by, you know, your direction, at a 1.75 level. Leave the standard at 1.5 and you know and we'll clearly indicate in the budget book that that's what we've done, and know that if you need to, you can go back and reduce that budget. CHAIRPERSON MAC'KIE: I have a question, Mr. Weigel, about the process. Page 57 -- ..--- -- January 12, 1999 Since these are category B, therefore, they're not in the state plan, therefore, they're not concurrency issues, so if we adopted 1.75 as a standard and then, you know, the economy goes to somewhere and we can't afford it, what's the hammer? MR. OLLIFF: You've got five years to correct. CHAIRPERSON MAC'KIE: Right. So guys, what this - - my point being that this is a goal setting. This is where we set our standards. And then from there, there's nothing -- this isn't like the roads, where if we don't get enough books we have to have a moratorium or something. COMMISSIONER CONSTANTINE: I think it's an admirable goal. I just think we're not taking it in context with everything else. When we go through the budget process, we see every request all at the same time and we decide what we can and can't do -- CHAIRPERSON MAC'KIE: What's the consensus of the board? COMMISSIONER CONSTANTINE: -- and to pick this item when we're only talking about - - COMMISSIONER NORRIS: I say let's keep what we've got, the way we're doing it. CHAIRPERSON MAC'KIE: That's two for keeping what we've got. Any other? COMMISSIONER CARTER: I go for .075. I don't have a problem with that. Mr. Olliff just related to me, we're talking about $1,0001 I don't have a problem with that. CHAIRPERSON MAC'KIE: 10,0001 but - - COMMISSIONER CARTER: 10,000. COMMISSIONER BERRY: Well, you've got to set a standard, and again, if we don't have the money, we don't buy the books. I think we look at the standard. Where is it you really want to be. When it comes time to effect the budget, if we don't have the dollars, then we're not going to be able to spend it. That's all there is to it. In other words, I think we are the ones up here that have to determine what is the standard that we want. And if we're saying that we would like to have a little higher standardl then let's go for it, but if we can't afford it later on, then don't -- we just can't buy the books. We would like to send the message that we would like to have that level of service. CHAIRPERSON MAC'KIE: Mr. Fernandez says that's how we send him that message, you know, so I'm going to take that as three for the increase. COMMISSIONER BERRY: And I agree with Commissioner Constantine, yes, prioritize. If it comes down and it's a choice of whether you have EMS services or library books, I don't think, Tim, that anybody is going to question where that's going to go. CHAIRPERSON MAC'KIE: But also -- COMMISSIONER BERRY: But at the same time, I am saying to the public that I do agree with the higher standard, if we can afford it. If we can't afford it, we don't do it. COMMISSIONER CARTER: I concur with that. I like the higher Page 58 --. "-- ...,_._,- January 12, 1999 standard. If we can meet it, fine. If we can't and there's other priorities, then that's where we will go, but I like the standard. COMMISSIONER CONSTANTINE: I have one more question. CHAIRPERSON MAC'KIE: Question, Commissioner? COMMISSIONER CONSTANTINE: We adopt the .75 increase each year. Just explain to me the process if we cannot afford it in a given year. You said while we've got a window of opportunity to make that up -- MR. OLLIFF: The way -- and Stan can correct me - - the way I understand the process is, you have a window of time to correct any deficiency that you may have, and it would create a very small deficiency in terms of the number of books that you would have if you decided not to budget the 1.075 in this case. You would have options that would include going to DCA and reducing your level of service the following year, making that recommendation, or increasing the extra money in next year's budget to pick up -- COMMISSIONER CONSTANTINE: I'm sure it would be a popular item at DCA. MR. OLLIFF: I'm sure it would. CHAIRPERSON MAC'KIE: So a motion, as I understand would be appropriate, would be to accept staff's recommendation with the exception that on the per capita -- describe it for me, Tom, the per capita rate of books? What is that? MR. OLLIFF: Level of service standard for library books. CHAIRPERSON MAC'KIE: Would be -- is proposed to be 1. - - MR. FERNANDEZ: 075. COMMISSIONER NORRIS: Proposed to increase each year. CHAIRPERSON MAC'KIE: I was pushing. MR. LITSINGER: Excuse me. Currently, we are increasing the level of service standard .05 each year. I think the proposal is to increase it .075 each year. COMMISSIONER CARTER: So if I understand -- CHAIRPERSON MAC'KIE: Is there is a motion to that effect? COMMISSIONER CARTER: I so move. COMMISSIONER BERRY: Second it. CHAIRPERSON MAC'KIE: All in favor? Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER BERRY: Aye. COMMISSIONER CARTER: Aye. CHAIRPERSON MAC'KIE: Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRPERSON MAC'KIE: Motion passes four-one. John, was that where you were? Which side - - COMMISSIONER NORRIS: Four to one. CHAIRPERSON MAC'KIE: Four to one, thank you. Okay. MR. LITSINGER: Our next item is page 51 of your agenda. This is government buildings. Here again it's a category B and is local discretion. Staff is not recommending any additional projects at this time to alleviate deficiencies on a per square foot basis prior to next year Page 59 _._.._.w_ --~- January 12, 1999 pending recommendations from Mr. Reagan again relative to financing of the campus master plan. CHAIRPERSON MAC'KIE: Could we have a motion to approve the staff recommendation -- COMMISSIONER CONSTANTINE: I'll move. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Motion and second. All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: It passes five-oh. MR. LITSINGER: Next item, page 53, is emergency service units. Your staff is recommending that the board direct us to include projects identified in the next capital improvement element, which are on page 54 and show the proposed locations. We have no deficits anticipated at this time. CHAIRPERSON MAC'KIE: Any questions on that item? Motion? COMMISSIONER CARTER: I so move. COMMISSIONER BERRY: Second it. CHAIRPERSON MAC'KIE: Motion and second. All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes five-oh. MR. LITSINGER: Starting on page 55 we finish with the two dependent fire districts. At this time, staff is not recommending any action is required by the Board of County Commissioners in either case. CHAIRPERSON MAC'KIE: Any motion? COMMISSIONER CARTER: I so move. CHAIRPERSON MAC'KIE: Second? COMMISSIONER BERRY: Second it. CHAIRPERSON MAC'KIE: All in favor? Passes five-oh. MR. LITSINGER: I have a couple more actions that I need for you to do in order for our plan to be in compliance. Back to page two of your agenda package under recommendations from your executive summary, I would first ask the board to accept and approve the attached document that we have just reviewed as the 1998 annual update and inventory report on public facilities. CHAIRPERSON MAC'KIE: Can I get a motion to that effect? COMMISSIONER NORRIS: I'll make the motion, but I want to clarify that the motion does include the changes that we made item by item. MR. LITSINGER: Yes, sir. CHAIRPERSON MAC'KIE: Got a second? COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: All in favor? Opposed? (No response.) Page 60 --.---..----...--..- -_...-'~ January 12, 1999 CHAIRPERSON MAC'KIE: Passes five-oh. MR. LITSINGER: Number two, we have just completed the review of each individual facility type. Number three, I would ask that the board find upon analysis and review and actions taken based on this 1998 AUIR that adequate category A, public facilities, will be available as defined by the Collier concurrency management system as implemented by division 3.15 of the Land Development Code to support development order issuance until presentation of the 1999 AUIR approximately 12 months from this date. CHAIRPERSON MAC'KIE: Motion on that? COMMISSIONER NORRIS: So moved. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: All in favor? Passes five-oh. Stan, thank you for moving us through that so quickly. And just a thought, Mr. Fernandez, maybe that isn't the best thing to have on our agenda for the first meeting back after a break, because that is such a lengthy discussion. Page 61 --,- ...~.._.._'._m.___..___ JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 January 12, 1999 Item #10A RESOLUTION 99-64, JANET VASEY AND JUDITH MCCAFFREY APPOINTED TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED Okay, let's move. Let's see. I'm trying to see, is there anything on here -- how would you feel about, folks, about doing these appointments to committees. Because I know there are people here -- COMMISSIONER BERRY: I think that's a good idea. CHAIRPERSON MAC'KIE: - - for that purpose. And then they might not have to come back after lunch Okay. Then let's take Item 10(A), appointment of members to the county productivity committee. COMMISSIONER CONSTANTINE: I'm going to suggest Janet Vasey, just because she, I know every budget year, does a lot of detail work and probably would be a good addition. COMMISSIONER BERRY: And Judy McCaffrey, I think the two recommendations, I know both of these individuals, and I would certainly support that. COMMISSIONER NORRIS: I'll second those two appointments. CHAIRPERSON MAC'KIE: Motion and second. All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Thank you. Page 62 _._---," "-'-'-' .---.-- RESOLUTION NO. 99-64 A RESOLUTION APPOINTING MEMBERS TO THE COUNTY GOVERNMENT PRODUCTMTY COMMITTEE WHEREAS, The COWlty Govenunent Productivity Committee was established by the Board of County C_ommissioners through the adoption of Collier COWlty Ordinance No. 91-10, as amended; and WHEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, there are currently two (2) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Judith E. McCaffrey is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant tenn plus an additiona12 year term, said tenn to expire on February 4, 2001. 2. Janet H. Vasey is hereby appointed to the COWlty Government Productivity Committee to fulfill the remainder of the vacant term, said term to expire on February 4, 2000. This Resolution adopted after motion, second and WlanimOUS vote. DATED: January 12, 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS .PWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA \-", -- . \ ' \, L\ 1.IIJ ... . . VI'''' ...'" . ... , .. r-' '.~ ~ . . Af.test 'as' to ~ha1"'n's 'I"~1"1"1":"" '"\'''',''.; - ''"-. ", .pgrove!i ,1If..~'.form and (e~al.s.ufficiency:, JfJ~(J~ David C. Weigel County Attorney Dew J1cn .-- ---_.- --~ -..... ""~_..;-- _.~._^ ......_.~,. - January 12, 1999 Item #10B RESOLUTION 99-65 APPOINTING SYDNEY MELINGER AND SABINA MUSCI TO THE LIBRARY ADVISORY BOARD - ADOPTED How about Item 10(B), appointment to members of the library advisory board. COMMISSIONER CONSTANTINE: Two members, two openings, two applicants. I'll make a motion we approve those two applicants. CHAIRPERSON MAC'KIE: And that would include the waiver of that provision for -- COMMISSIONER CONSTANTINTE: Absolutely. COMMISSIONER NORRIS: No, she's been there too long, throw her off. CHAIRPERSON MAC'KIE: Please, keep coming back. Motion and a second. Was there a second? COMMISSIONER BERRY: I'll second it. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: All in favor? Passes five-oh. Page 63 -- -'"'-~-_._--._----_... ----. -..-....---.- RESOLUTION NO. 99-65 A RESOLUTION REAPPOINTING MEMBERS TO THE LIBRARY ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 88-71 confIrmed'the creation of the Library Advisory Board and provides that the Board shall consist oftive (5) members; and WHEREAS, the terms of two (2) members, representing Commission District Nos. 1 and 3, expired creating vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: L Sydney S. Mellinger, representing Commission District No. I, is hereby reappointed to the Library Advisory Board for a four (4) year term, said term to expire on December 31, 2002. 2. Sabina A. Musci, representing Commission District No.3, is hereby reappointed to the Library Advisory Board for a four (4) year tenn, said term to expire on December 31, 2002. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven (b)(I) of Ordinance No. 86-41, as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Sydney S. Mellinger to this Board. This Resolution adopted after motion, second and majority vote. DATED: January 12, 1999 A TIEST: BOARD OF COUNTY COMMISSIONERS DWIG8r E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~ .. ,:(if, , ~ . C... ..,.._ .~. By,. , .,.:,' " ',: - .~1' " PAMELA S. MAC'KIE, Chal oman ;}tt~~t is: to" Cf;.ai .,en's ilgnature,onl,Y', 'r; , .~pproved as'to:fon4~and ' iegal sufficiency: ." . . I \' II,,' I, k::~e;t:~# David C. Weigel County Attorney DCWIkn January 12, 1999 Item #10D RESOLUTION 99-66 REAPPOINTING EDWARD OLESKY AND KARIN ENGLISH AND APPOINTING LISA BARNETT TO THE PARKS AND RECREATION ADVISORY BOARD - ADOPTED Well, just sticking with the appointments, let's go to 10(D), appointment of members to parks and rec. advisory board. Sue, do you have something? MS. FILSON: No, this one was left out of your book, but I did make copies and provide to you. COMMISSIONER CONSTANTINE: What? CHAIRPERSON MAC'KIE: We had copies given to us this morning. It wasn't left out of my book, I don't think, but - - COMMISSIONER CONSTANTINE: 10 (D) , we're talking about - - CHAIRPERSON MAC'KIE: 10 (D) . COMMISSIONER CONSTANTINE: -- three members and three applicants? CHAIRPERSON MAC'KIE: That's the one. COMMISSIONER CONSTANTINE: I'll make a motion we approve those three applicants. COMMISSIONER BERRY: Second. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE Passes five-oh. Page 64 .-- --.----.,."-.. ......----- RESOLUTION NO. 99-66 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1975, and was composed of five (5) members; and WHEREAS, the Board ofCoWlty Commissioners, on October 25,1993, adopted Ordinance No. 93-81 which increased the membership from five (5) members to seven (7) members; and WHEREAS, there are currently three (3) vacancies on this Board in the categories of the Urban Area Community Park District and the Immokalee Area Community Park District; and WHEREAS, the Board of COWlty Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Lisa H. Barnett is hereby appointed to represent the Urban Area Community Park District for a 4 year term, said teon expiring December 31, 2002. 2. Karin E. English is hereby reappointed to represent the Urban Area Community Park District for a 4 year tenn, said teon expiring December 31, 2002. 2. Edward R. Olesky is hereby reappointed to represent the Immokalee Area Community Park District for a 4 year term, said tenn expiring December 31, 2002. This Resolution adopted after motion, second and majority vote. DATED: January 12, 1999 A TrEST: BOARD OF COUNTY COMMISSIONERS DWIGHT-E. BROCK, Clerk COLLIER COUNTY, FLORIDA .~ By: "': :.,- . . ;.' ,..~:' " ,C ", '. .', '. . . p . "I .:~, '"' . '4. .. ... ~lo. ~'.. ,,'.f ..)'~.'"":''' ,': M . . -.',....1';. .. .~tttsf,lts to dia1r.nls." .~ i gr;i ~'!l""" ".; 1:-. . ~~. :" . '4pproved as to fo.nn, and ~.'j' -' ':--", . " " leg~ Sil~~~~eY':' .. h..J". -j. If ~ .~' . David C. Weigel COWlty Attorney DCWIkn -"- -----_...._- -.- ---'---""-._~-' -- January 12, 1999 Item #10E RESOLUTION 99-67 REAPPOINTING ELLERY LEPAIN AND ROBERT WEYERS AND APPOINTING WILIAM ERICKSON TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMITTEE - ADOPTED 10 (E) , Lely -- COMMISSIONER NORRIS: What did we do with affordable housing commission? CHAIRPERSON MAC'KIE: We skipped that, since it was just a review instead of appointments. COMMISSIONER NORRIS: Oh, okay. CHAIRPERSON MAC'KIE: Lely Golf Estates beautification advisory committee. COMMISSIONER BERRY: Mr. Norris, do you have any thoughts on that? MS. FILSON: Actually, this one is for three appointments and there's three applicants that are eligible. The other applicant lives outside of the district. COMMISSIONER BERRY: So it's two reappointments and one new individual? MS. FILSON: Yes. COMMISSIONER BERRY: I'm sorry, I misread that, so that takes care of -- COMMISSIONER NORRIS: Sandra Emerick lives outside the district and is not eligible anyway, so it's three and three. Motion to approve. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes five-oh. Page 65 ~...-.__._--_.~ --,-"-',~...,..- _'__._._n_..__._ RESOLUTION NO. 99-67 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE LEL Y GOLF ESTATES BEAUTIFICATION ADVISORY COMMITfEE WHEREAS, Collier County Ordinance No. 87-69 created the Lely Golf Estates Beautification Advisory Committee and provides that the Committee shall be composed of five (5) members; and WHEREAS, there are currently three (3) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. William C. Erickson is hereby appointed to the Lely Golf Estates Beautification Advisory Committee for the remainder of the vacant term, said term to expire October I, 2001. 2. Ellery J. LePain is hereby reappointed to the Lely Golf Estates Beautification Advisory Committee for a four year term, said term to expire October I, 2002. 3. Robert J. Weyers is hereby reappointed to the Lely Golf Estates Beautification Advisory Committee for a four year term, said term to expire October 1,2002. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven (b)(I) of Ordinance No. 86-41, as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of George C. Pearson to this Committee. This Resolution adopted after motion, second and unanimous vote. DATED: January 12, 1999 AITEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~ ,. ".:' . " . ',?, ' .. ""...'~....~'.'... ..~. ~"'... ..., "',...' L BY: , . . , . .:. . P ~.st.~t,;thtiirmA" '::5'>' sto""h'~" K..l",. .~.:/. . ..A.pproved as to fonn ~J~gal,s~,?jency:' \. If A-f.L J';/ d?ft~ ~ l.- David C. Weigel . County Attorney ADV. BD./kn - _."",- ~_.' -_._---~---_.., --~ January 12, 1999 Item #lOF RESOLUTION 99-68 APPOINTING WILLIAM BLEVINS, JOHN WIEST AND THOMAS RILEY TO THE WORKFORCE DEVELOPMENT BOARD, REGION 24 - ADOPTED COMMISSIONER CONSTANTINE: Next one is three and three? CHAIRPERSON MAC'KIE: Work force development board? COMMISSIONER CARTER: So moved. COMMISSIONER BERRY: Second it. CHAIRPERSON MAC'KIE: All in favor? Passes five-oh. Page 66 _._,,-,~ ---- ~_.._.- RESOLUTION NO. 99-68 A RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO THE SOUTHWEST FLORIDA REGION 14 WORKFORCE DEVELOPMENT BOARD. WHEREAS, in 1996, the counties of Collier, Charlotte, Glades, Hendry and Lee entered into an interlocal agreement for the establislunent of a Workforce Development Board to ensure that a skilled workforce is available to the regional economy it serves; and WHEREAS, the Workforce Development Board, Region 24, is composed of 4S members representing the private sector, education, organized labor, rehabilitation facilities, community based organizations, economic development and public employment service; and WHEREAS, there are currently three (3) vacancies on this board under the private sector category; and WHEREAS, the Executive Director of the Workforce Development Board requested that the Board of County Commissioners confirm the appointments of 3 members to this board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members, representing the private sector, are hereby appointed for a three (3) year term to the Southwest Florida Workforce Development Board, Region 24: William Blevins John Wiest Thomas Riley This Resolution adopted after motion. second and majority vote. DATED: January 12, 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS ~"k COLLIER COUNTY. FLORIDA ,~" ",'" ";.< ":, ~, By: ~":"t-" ~.,.' ....; p '~t.~ti: il~' to'Cha1r;.8.n 's' 1i~.....':t~,,,,,r. -1".....110 ...... . Approved as to .f,?rIn and legaJ"Sutlitiie1tcy: ' . " , A.'"<L e~/ David C. Weigel County Attorney DCW /1m "'_. __"_"n_...._ ._~.__.__>,. _'_'_ January 12, 1999 Item #10G RESOLUTION 99-69 REAPPOINTING KENT ORNER AND APPOINTING ROBERT GENUNG TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED Let's see. 10(G) is the Ochopee fire control district advisory committee. COMMISSIONER BERRY: I'd like to submit the names of Kent Orner and Robert Genung. All due respect to Mr. Pinnell, who has served graciously for four terms, Mr. Genung and -- Kent Orner would be a reappointment. Mr. Genung happens to live in Port of the Islands, which is also served by the Ochopee fire district, and I think it's important that they have someone, since they are growing. At one point in time, they had very, very few residences down there. But they have grown tremendously, and I think it would be important. COMMISSIONER CONSTANTINE: Second. CHAIRPERSON MAC'KIE: All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes five-oh. Thank you, Commissioner Berry. Page 67 - .______...__'n ,.. ..........._ "_..".__.__..,.__...._~,__ _._....._-~----~"_.---~-~- RESOLUTION NO. 99-69 RESOLUTION REAPPOINTING AND REAPPOINTING MEMBERS TO THE OCHOPEE FIRE CONTROL ADVISORY BOARD WHEREAS, Collier County Ordinance No. 75-6 created the Ochopee Fire District and provides for the establishment of an advisory board; and WHEREAS, Collier County Ordinance No. 89-98 confirmed the creation of the Ochopee Fire District Advisory Board and provides that the advisory broad shall be composed of five (5) members and such membership shall consist of one (1) member from each of the designated areas; and WHEREAS, the terms of two (2) members expired creating vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Robert G. Genung meets the prerequisites for appointment and is hereby appointed to the Ochopee Fire Control Advisory Board for a two year term, said term to expire on December 31, 2000. 2. Kent L. Orner, Sr., meets the prerequisites for appointment and is hereby reappointed to the Ochopee Fire Control Advisory Board for a two year term, said term to expire on December 31,2000. This Resolution adopted after motion, second and unanimous vote. DATED: January 12,1999 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHTE. BROCK, Clerk COLLIER COUNTY, FLORIDA , ';,:--! j' '~ ~ . - ......\.. '.' .,1,',._. :, '.' . \' ...... .' ..{~....~ . . <.,. \:, .. ,," ~ l'L) C By: '. ;'AtteSt.:'~AS'to C1ia1rijailt's', P .'~ sf gnatul::p.' 6nJ J 0' :":, .... :: ApproVed~ to.fol'D1~and' <("'- . . \ I ' ~ , 'c' .~gal sufficiency:, ,>> .."':" ~~ ,..., . . ,..' t. ,., 'i "', '~., "-' - ~g~~s? County Attorney DCWikn January 12, 1999 Item #10H RESOLUTION 99-70 APPOINTING GARY GRIFES, JERILYN CROWDER AND DAVID EILER TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED How about Isle of Capri fire control district advisory -- COMMISSIONER NORRIS: Three and three. Motion to approve. COMMISSIONER CARTER: Second. CHAIRPERSON MAcrKIE: All in favor? Passes five-oh. Page 68 -~-- RESOLUTION NO. 99-70 RESOLUTION APPOINTING MEMBERS TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for the Isles of Capri Fire Services Tax District; and WHEREAS, Ordinance No. 78-49 provides that the advisory committee shall consist of three to five members; and WHEREAS, there are currently three (3) vacancies on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Gary E. Griffes meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a two year term, said term to expire on December 31, 2000. 2. Jerilyn Neuhaus Crowder meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a two year term, said term to expire on December 31, 2000. 3. David E. Eiler meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a two year term, said term to expire on December 31, 2000. This Resolution adopted after motion, second and majority vote. DATED: January 12, 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Q . ~: I ~:. t" r: :,;", ,:',: -. ." '_ . .: '," :,_":::', _ ' ' .::-.. ~, ' ,'" ,,'.. ". ;. :-'.' .";' .. :-. . ...._..~~~C-. By: ~ .:" ,:>:.:.'...:I(:~~" " p ~;.tte$fls;t<fCfia1rUg"s ,: ~. s 1 g~ature:'\dn 11- r' .'. ;# : - j' ,~: . ,.Approved as to fO@l and ,(eg~l ~ufficien~~<'-~/':...' " 1;,( ,'11 \~~~t \:\ ~ ;:" .~ .~t"~\~ '. '::~J ":.' ;;.... . . .~ . ~ 1~~ ~ ~ Da\idC. Weige ?JP County Attorney DCWIkn January 12, 1999 Item #10C REVIEW OF THE FOUR-YEAR REPORT OF THE AFFORDABLE HOUSING COMMISSION - REPORT RECEIVED Weill skip the status report. I guess that -- yeah, thatls a quick item. Okay, anybody see anything else quickly we might want to do? Letls go back then to 10(C), the review of the four year report on affordable housing committee. Who's going to present that to us, Mr. Fernandez? MR. FERNANDEZ: That's going to be Joan Gust, who is the chairman of the affordable housing commission. CHAIRPERSON MAC'KIE: Good morning, Ms. Gust. Please come right up. MS. GUST: Good morning, Commissioners. For the record, my name is Joan Gust, and I'm the current chairman of the affordable housing commission. I want to thank you for the opportunity to address you on one of my favorite topics, affordable housing. Before you is the executive summary and the affordable housing commission report, and I'd like to expand a little bit on it this morning. Because of the combined efforts of many citizens and groups, the affordable housing commission, you, the Collier County Board of Commissioners, the EDC, the Chamber, City of Naples, Habitat For Humanity, the CCFA, the CBA, affordable housing is starting to become a true reality in Collier County. There's more affordable housing in Collier County today than there was ten years ago when the affordable housing commission was made a permanent advisory board. As you have been given -- as you have given density bonuses to complexes, you have deferred impact fees and have assisted and encouraged single family ownership for over 800 families through the housing assistant closing costs and repairs. Community efforts have shown affordable housing is important to all of us. People who clean well built safe housing (sic) . When a community cares about all of its residents, and when a community promotes safe, clean housing, that community becomes safer and cleaner and more stable in return. We cannot afford to let up on our collective efforts to promote, encourage and build affordable housing. Currently, because of community efforts, again, there are over 800 single families in their own homes. We have a viable total which is a combination in a partnership between public and private. We have three more multi-family complexes currently being built, and more in the planning. Because of community involvement, our status with the Florida housing finance agency, Collier County was designated as a preferred county. Page 69 -- ,- January 12, 1999 Because of community involvement, there is more awareness of the needs for affordable housing. We dream of finding a way of identifying and putting weed filled vacant lots that are currently a drag on the tax rolls back into the production end of the tax rolls by finding a way to work within the labor of the legal department to be able to make these lots available to affordable housing for single families. We dream of house plans preapproved and having forgiven or deferred impact fees for affordable housing beyond what is being done. We dream of expanding the housing trust fund for very low income housing needs. Commissioners, with your assistance, encouragement and promotion of affordable housing, our dreams can become a reality, and some of our dreams already have. Thank you. CHAIRPERSON MAC'KIE: Thank you, Ms. Gust. I had just one thought about this. And this might not be the right time to make this decision, but I certainly want to support continuing the commission, but I wonder if a better name for it might be work force housing instead of affordable housing, because it carries such a - - MS. GUST: Negative feel - - CHAIRPERSON MAC'KIE: -- connotation -- MS. GUST: - - in people's minds. I don't see any reason why we couldn't change it to that because it is work force. It's everybody's work force. I mean, we have -- MR. FERNANDEZ: Madam Chair, my only thought is that affordable housing is something of a term of art. It's a defined term. We use it universally, it's in a lot of literature, everybody knows what it is. If you specifically define it here differently for this county, others may not know what we're talking about. MS. GUST: The EDC has altered its name for its housing committee to include work force housing, so the public is becoming aware that it's not a tainted name in -- I think by having the awareness and working on the NIMBYism and in the bananas (phonetic) and all the rest of the terms that we can apply, I think people are becoming aware of the marked need for housing. CHAIRPERSON MAC'KIE: Just something to think about for the future. Mr. Fernandez, what do we need to do with this item? Is it - - MR. FERNANDEZ: Just receive the report. I believe the ordinance, I believe it is, that created the committee calls for them to make this report to you once a year. CHAIRPERSON MAC'KIE: And I see in the staff recommendation that they're asking us to endorse the commission's continuance. So is there a motion to that effect or -- COMMISSIONER CONSTANTINE: I make a motion we go ahead and receive the report and make that endorsement. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Motion and second. All in favor? Opposed? Page 70 -----_._.._-"--,~_...__.,"._-,-" _.'_'_.'_._n___'_______ _,_M,. January 12, 1999 (No response.) CHAIRPERSON MAC'KIE: Thank you, Mrs. Gust. MS. GUST: Thank you, Commissioners. Item #10I STATUS OF THE PGA AUDIT - ENDORSEMENT OF THE CLERK AND AGREEMENT TO WORK WITH THE CLERK REGARDING MEDIATION CHAIRPERSON MAC'KIE: I could do 10(I) quickly and tell you the status of the PGA audit of what there is to report today. All of the board members have received a letter from the clerk transmitting to us a copy of a letter that he received from representatives of the PGA, basically saying they disagree with his assertion that there are items in contention about what payments were made that were appropriate or inappropriate, but happily agreeing to mediate the question. Mr. Weigel may want to tell us a little bit about mediation as opposed to binding arbitration and other issues, but the clerk is supporting the PGA's request for mediation, and has asked the board to pass a resolution in support of mediating those issues with the PGA. And I'd like to ask the board to take - - to pass that resolution today. Do we have questions that - - for Mr. Weigel or otherwise? COMMISSIONER CONSTANTINE: Do we have a resolution? CHAIRPERSON MAC'KIE: No, this came up - - the mail came in yesterday. The letter from PGA came in late yesterday afternoon, and - - COMMISSIONER BERRY: Madam Chairman? CHAIRPERSON MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: If we were to do that, as you well know, there was an item taken up by the local Republican party that directed the Board of County Commissioners to sue if necessary to recover some $200,000. What effect would this particular item have on that recent resolution that they passed? CHAIRPERSON MAC'KIE: It seems to me it would merely be in furtherance of that resolution, that we would be saying today we hope we can mediate our dispute with the PGA. If we find out we can't, Mr. Weigel, does mediation obviate our opportunity for litigation, if it becomes necessary? MR. WEIGEL: Typically, it doesn't. Obviously, you can establish the ground rules of mediation going in so it can be as restrictive or preventive of additional remedies afterwards as you agree to in the first place. I haven't seen the letter from the PGA or any communication from the clerk at this point, so I think my comments would be limited right now. COMMISSIONER BERRY: Contrary to recent public information that I Page 71 -.,,--.-- "- January 12, 1999 didn't think this was serious money because this was not taxpayer dollars, Mr. Brandt, you know, which is totally erroneous information, but however, you know, I'm as anxious as anyone else to see that we get this matter resolved and straightened outl so whatever it takes to do this, whether it's mediation that may lead to litigation later on, I think we need to go ahead and take that step. But let's get going and get it moving. CHAIRPERSON MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: November 8th of last year we voted five-oh to support the clerk and do -- COMMISSIONER BERRY: Right. COMMISSIONER CONSTANTINE : -- whatever we needed to do to work with him to get back any taxpayer monies. I think -- we don't have a paper resolution in front of us, so we can't approve that. However, I would make a motion that we endorse the clerk and agree to work with the clerk in this mediation effort and whatever other steps he sees necessary as we move forward. COMMISSIONER NORRIS: I'll second that. CHAIRPERSON MAC'KIE: Great. Any discussion on the motion? All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. Item #10J REQUEST FOR RECONSIDERATION OF PUD-98-7, WYNDHAM PARK DENIED BY THE BOARD OF COUNTY COMMISSIONERS ON DECEMBER 8, 1998, PURSUANT TO SECTION 2-42 OF THE CODE OF LAWS AND ORDINANCES, COLLIER COUNTY, FLORIDA - ITEM TO BE RECONSIDERED AT THE FIRST MEETING IN FEBRUARY, 1999 COMMISSIONER BERRY: What about the Wyndham Park? CHAIRPERSON MAC'KIE: Yes, ma'aml 10 (J) . COMMISSIONER BERRY: I think we can resolve that and that'll save, I think -- I see Mr. Underhill back there, and I think it will resolve him having to come back this afternoon. CHAIRPERSON MAC'KIE: That would be great. COMMISSIONER BERRY: It should go rather quickly, I would think. CHAIRPERSON MAC'KIE: Okay. Item 10 (J) is a request for the reconsideration of the Wyndham Park PUD. COMMISSIONER BERRY: Right. CHAIRPERSON MAC'KIE: It - - COMMISSIONER BERRY: I - - CHAIRPERSON MAC'KIE: Go ahead, yes, ma'am. COMMISSIONER BERRY: If you don't mind, I had spoken with Mr. Underhill. He came in and we discussed this item, and I don't know from our staff what kind of a situation this places us in, but my concern at the time, and I expressed this concern, that because of the close proximity of this project to Oak Ridge Middle School, to see if Page 72 --~-_.- January 12, 1999 we could work out some kind of ingress, egress, and mainly the concern I had was the egress of the middle school as opposed to the ingress of this particular development and the close proximity of those two areas. And after discussion with Mr. Underhill, I believe, and I'll let him speak for himself, there has been some discussion, I believe, with the school staff. Am I misstating this as I understood it? CHAIRPERSON MAC'KIE: Even a letter to that effect, I think, appeared to satisfy that - - COMMISSIONER BERRY: Right, and that was one of the main concerns that I have. Would you identify yourself? MR. UNDERHILL: For the record, I'm Dave Underhill with Banks Engineering. Yes, we have met and worked out the exact location of the sidewalk to the satisfaction of the school board and to our client's satisfaction. COMMISSIONER BERRY: Okay, is there any thinking about future four-laning of 951 in that area? Is -- has there been any progress made in terms of sharing that entrance into your project and their -- MR. UNDERHILL: I haven't specifically worked that out with the school board. I would be more than happy to sit down with Ed Kant or staff and take a look at that. CHAIRPERSON MAC'KIE: Mr. Weigel, at this point we're just discussing whether or not to reconsider this item, and we can discuss the details the details of this - - COMMISSIONER BERRY: Right, but the reason -- the reason for considering a reconsideration is the fact that some of these items that were troublesome early on, I believe, are getting to the point where -- we don't need to make him wait six months to bring this back before us. Now, I think that's a hardship. COMMISSIONER CONSTANTINE: You want to make a motion? COMMISSIONER BERRY: I will make a motion that we reconsider this item. COMMISSIONER CONSTANTINE: I'll second it. CHAIRPERSON MAC'KIE: Any discussion on the motion? Mr. Mulhere, you got something you need to say? MR. MULHERE: Thank you, I just - - I just wanted to remind the board that the motion to reconsider has to be a minimum of 14 days from today's date, but cannot exceed 30 days from today's date. CHAIRPERSON MAC'KIE: So we'll trust you to get that on the right agenda, Mr. Fernandez. That was Robert Mulhere, for the record. COMMISSIONER BERRY: So whatever that time frame is that we do what we have to do. MR. MULHERE: Well, it would seem to be appropriate then to put it on the first meeting in February, but we'll take care of that. COMMISSIONER BERRY: That's fine. CHAIRPERSON MAC'KIE: Okay, motion and a second. Page 73 -.-------- _ _.,,,.-._.- ~,,- .. -.----.-.------ January 12, 1999 All in favor? Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. Item #1.0K DISCUSSION RE THE REQUEST FOR A JOINT MEETING WITH THE CIYT OF NAPLES - WORKSHOP TO BE HELD ON FEBRUARY 1, 1.999 REGARDING CABLE FRANCHISE AND AGENDA TO BE DISBRIBUTED NO LATER THAN SEVEN DAYS PRIOR TO THE MEETING We also have an added item, 10 (K) , for a request, Mr. Constantine, for a meeting with the City of Naples? COMMISSIONER CONSTANTINE: Yeah, I know the City of Naples would like to sit down. I was wondering if any of you have had discussion or if our administrator had had discussion regarding the content. Every once in a while we get requests with no agendas, and while I love to communicate with all our other municipalities, I hope we have a specific agenda in mind. Having no idea what it was, I thought maybe we could discuss that in this forum. CHAIRPERSON MAC'KIE: I think we do have something, don't we? MR. FERNANDEZ: Madam Chairman, the information that I have from the city manager's office is that they intend to discuss the cable franchise and government access channel, I think the second government access channel. COMMISSIONER BERRY: Was there anything, Mr. Fernandez, in regard to a possible review of the refueling station? COMMISSIONER NORRIS: No. COMMISSIONER BERRY: Well, the only reason I'm asking is because that had been -- kind of an offhand comment I guess to me was that they were working on some kind of a new plan, and I didn't know if that was something that was being considered or not, so -- MR. FERNANDEZ: It wasn't mentioned in our discussions. COMMISSIONER BERRY: All right. CHAIRPERSON MAC'KIE: Well, I certainly -- COMMISSIONER BERRY: But let's inquire - - I mean, just mention if that's something else they have in mind. COMMISSIONER CONSTANTINE: That was the only agenda item then, the cable franchise fees? MR. FERNANDEZ: It's the only one I'm aware of, yes. COMMISSIONER CONSTANTINE: The - - I guess I want to make sure that - - two things. I have no objection if we want to sit down with them. That seems like a pretty light agenda. I'm wondering if we all get together for 45 minutes, if everyone thinks that's worthwhile for that one issue. Secondly, if we choose to go forward, I'm assuming there will be no surprise add-on items that we're not aware of or the city'S not aware of in advance of that. Page 74 ~.~~---_.~-~~~,,_.".. ---. ._,,--- ---- January 12, 1999 CHAIRPERSON MAC'KIE: I would support having a meeting and setting a date by which, you know, seven days before by which the agenda has to be fixed. Would that be acceptable? COMMISSIONER CONSTANTINE: What's the requested date for this? MS. FILSON: February 1st. CHAIRPERSON MAC'KIE: I'm sorry? MS. FILSON: February 1st at 2:00 p.m. CHAIRPERSON MAC'KIE: February 1st is the requested date? So is there consensus on the board that we would meet with the City of Naples City Council and set the agenda no later than seven days before? COMMISSIONER CARTER: I would concur with that. I'm with Commissioner Constantine, I don't want any surprises. I want to know what that agenda is before we go in it. CHAIRPERSON MAC'KIE: Absolutely. Is that concurrence, it's okay? Maybe we could also -- I'm trying to address items that have members of the public here to speak, and I'm curious about Miss Haas. Are you guys here to speak on any items? COMMISSIONER BERRY: I think she's supporting Miss Thompson. CHAIRPERSON MAC'KIE: Okay. Just wanted to not make you stick around if you didn't have to. So we could go and get rid of 9(A), (B) and (C) , if the county attorney's prepared to make those reports. If not, we'll go back to the regular -- MR. WEIGEL: Our representative isn't here at this moment. Item #8B1. CONTRACT TO BONITA GRANDE SAND COMPANY FOR THE PRODUCTION AND STOCKPILING OF BEACH COMPATIBLE MATERIAL ASSOCIATED WITH THE COLLIER COUNTY INCREMENTAL BEACH MAINTENANCE AND MANAGEMENT PLAN - APPROVED IN THE AMOUNT OF $1.,920,000.00 AND CHAIRMAN AUTHORIZED TO SIGN CONTRACT CHAIRPERSON MAC'KIE: Okay. So we'll try 8 (B) (1) , which is the sand contract. COMMISSIONER CONSTANTINE: Real simple question on this. I assume what we're contracting is for the availability of 50,000 cubics of sand as opposed to physically -- I guess the joke that floats around out there, are we going to put 50,000 cubic feet in a little area and it's going to blow away or we're just contracting that it's available, and as we see fit that it's needed, they can make it available to us or -- MR. ILSCHNER: Commissioners, for the record, Ed Ilschner, public works administrator. commissioner Constantine, that is not correct, sir. What we are recommending to the Board of County Commissioners is an option that would enable us to have a guaranteed supply of sand over an eight-year period at a fixed price for that eight-year period, and of course, Page 75 ------- +"~_.- --'-'.~ January 12, 1999 this matter has been before the board previously, and the board gave staff direction that was contrary to what staff is presently recommending to you because of a concern about turtle nesting. If you recall, in August of 1998, we had a proposal that we brought before you that had been submitted by Bonita Grand -- Bonita Grande Sand Company. And this proposal was to provide us with 2.5 million dollars worth of sand, 400,000 cubic yards of sand, which equated to about $6.30 a yard that would be stockpiled on a leased tract of land. The objection to that expressed by the TDC and I think by this board was the fact that we were concerned about turtle nesting capabilities of that sand. And so the board was directed to -- the board directed staff to seek bids primarily for 50,000 yards of material annually. We put that bid together at board's direction, and I chose to also include an alternate just to see if that price of six thirty would stay the same and if there were some possibilities for us to pursue that in the future. So we established a bid that included the 50,000 per year for two years. We had the base bid for 50,000 for one year and an alternate to choose a second year at that same price, and after that there were no guarantees, we would simply back go out in the market and try to bid that. The second option was the exact proposal that was made by Bonita Grand -- Bonita Grande Sand Company. And in a -- as we evaluated that bid process, we determined that as a result of the analysis, Bonita Grande Sand Company was a single source supply. They were the only ones that could produce upland sand meeting our specification at a reasonable price. So we thought of a third option. We said well, the board's objection to this, the TDC's objection, one of their objections, was the fact that we were not comfortable that this beach sand would be compatible with turtle nesting. So we negotiated an arrangement with the single source supplier to develop a test beach, provide 50,000 yards of material, just like the base bid provided for, and then we would work with Mauer (phonetic) -- Marla Krouse (phonetic) who is our lady that handles our turtle monitoring, we would work with her to evaluate this test beach. This test beach would be established at Park Shore. We'd place approximately 30,000 yards of that material down. And then at the end of that first year, we would evaluate turtle nesting. And if that sand proved to be quite compatible with turtle nesting, then the contract would continue and we would complete, over the next two-year period, the stockpiling of the 400,000 yards of material. If it proved not to be compatible with turtle nesting, then that would be -- terminate the contract and we would simply be out looking for sand again that was beach compatible and turtle nesting compatibility. CHAIRPERSON MAC'KIE: But what is the -- I think what I heard Commissioner Constantine's question is, is there a financial incentive for us to buy the sand today as opposed to -- Page 76 -'",..__..--+-._.~--_.._. .-.--. January 12, 1999 MR. ILSCHNER: Yes. CHAIRPERSON MAC'KIE: Okay. MR. ILSCHNER: Yes, and I'm sorry, Commissioner, I didn't get that - - CHAIRPERSON MAC'KIE: Was that was part your question? COMMISSIONER CONSTANTINE: That was part of the question. MR. ILSCHNER: I apologize, I could have had a less windy discussion here. Yes, there is a distinct advantage. The - - if you recall, the original proposal was for $6.30. The proposal that we had before us were for $4.80 for simply two years. I mention once again that this is a single source supply. At the end of the two-year period, then we're out on the market. Now, let me mention to you that your staff has evaluated this pretty extensively and we feel like that based on the fact that the east coast is having an extreme difficulty in obtaining beach compatible sand, this being a single source, and certainly theY're going to be interested in marketing this sand not just in Naples, but allover Florida, if possible, the availability of this sand may not be there at the end of the two-year period, and if it is available, I'll assure you it probably will not be available at $4.80. We would predict to you that at the end of that two-year period and for the ensuing five or six years, you're going to be looking at upwards of six thirty to seven dollars a yard. I'm submitting to you that this proposal, as staff would recommend it to you, would provide you, we feel, an estimated $600,000 in savings over the term of that eight-year period versus the other proposal, the base proposal. Now, the concern about turtle nesting is a valid one. We need to address that. We think that our proposal does address that and doesn't present a problem. We also mentioned to you in our presentation that there were some concerns with respect to quality assurance, quality control. Those are taken care of, we feel, in the contract documents, but we needed to point out to you that we have to take efforts to ensure that that's taken care of. We feel like we have done that in the contract documents. With respect to erosion and loss of the stockpile during its life, we've also addressed that in the contract documents by ensuring that the contractor developing the stockpile and maintaining the stockpile is also responsible for ensuring that those measures do not happen, and if erosion does occur, he has to replace the sand. So I think we've addressed all the cons or the things that are not good for this particular option that we've mentioned to you, as well as tried to present to you this morning what the positives are. But we would recommend -- now, I might mention to you, and we did in the executive summary, that the TDC, after having been briefed on all three proposals, still recommended option one. I think they didn't want to spend that large a cash to develop this stockpile. The beach renourishment committee and your staff has reviewed it, Page 77 ---_...~~ _..~"m . ____ -..--"-- ---- January 12, 1999 and our recommendation, jointly, is that you give favorable consideration to staff's recommendation. CHAIRPERSON MAC'KIE: Any further discussion -- or I'm sorry, we have a public speaker on this matter. Is the board ready for that? MR. FERNANDEZ: Our speaker is Ty Agoston. MR. AGOSTON: Good morning, ladies and -- no, good afternoon, ladies and gentlemen. Happy new year. Congratulations, Ms. Mac'Kie. I like your mustache, Mr. - - COMMISSIONER NORRIS: Norris. COMMISSIONER CARTER: Mac'Kie's or Mr. Norris'? MR. AGOSTON: I just wanted to cover the territory. CHAIRPERSON MAC'KIE: Please, get to whose mustache you like. MR. AGOSTON: Let me bring it to your attention that at this point of the afternoon, we have not gotten to public comments, so maybe this proposal of consolidating four meetings into two may not be all that productive. While it might be productive to some, but I don't believe it's productive to the public. CHAIRPERSON MAC'KIE: Talk about the sand on this one, if you would, Mr. Agoston. MR. AGOSTON: Talking about the sand, I am not an expert on quality of sand. On the other hand, I'm an avid reader and I have noticed over the past year or so a lot of articles, a lot of complaints about the rocks on the beach. Then I'm reading the executive summary and there is a section here that the - - therefore, at the end of the nesting season in November, the monitoring that indicated the material is adversely impacting on nesting activities, the contract could be terminated. Then a question comes to my mind, I have five kids, I have three grandkids, and my wife loves to take them to the beach. Are you people giving more consideration to the turtles than to my grandchildren? Anybody worries about humans anymore? I mean, I consider if you have a standard for the nesting turtles, you should have at least twice as good of a standard for humans. Besides, as far as I can see, maybe my logic is off, but the erosion is a natural phenomenon. If we weren't here as humans, what would those turtles do coming on the beach that was naturally eroded? Who would ensure their nesting habits remained comfortable? And frankly, as a taxpayer and I'm speaking as the president of the taxpayers association, I resent spending the extra dollars, the tax dollars, because that's what you are spending, to ensure the comfort of the turtles. Thank you very much. CHAIRPERSON MAC'KIE: Okay, do we have any other public comment, Mr. Fernandez? MR. FERNANDEZ: No others. CHAIRPERSON MAC'KIE: Is there any further discussion or a motion from the board? COMMISSIONER NORRIS: Move staff's recommendations. CHAIRPERSON MAC'KIE: Got a second? COMMISSIONER CARTER: Second. Page 78 '-'-~-'--'--""""'--'-'-"'--'-' o______..... --.-- . January 12, 1999 CHAIRPERSON MAC'KIE: Discussion, or all in favor of the motion, say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: So staff recommendation passes five-oh. MR. ILSCHNER: Madam Chairman, would you also amend your motion to include the authorization for the chairman to sign the contract, please? We failed to include -- COMMISSIONER NORRIS: Doesn't that automatically come with an approval? MR. ILSCHNER: I'm not sure. CHAIRPERSON MAC'KIE: Well, let the record reflect that was the intention. COMMISSIONER NORRIS: That certainly was my intention. COMMISSIONER BERRY: She will sign the contract. CHAIRPERSON MAC'KIE: Yeah, whether -- I will sign the contract. All right, board, I wish we could push through, but it looks like we probably can't. 1;15, be back from our lunch break. Thank you. We're adjourned. (A recess was taken.) Item #8B2 - Deleted Item #8B3 LIVINGSTON ROD UTILITY FACILITIES REIMBURSEMENT AND CONTRIBUTION AGREEMENT - AGREEMENT WITH LONG BAY PARTNERS APPROVED CHAIRPERSON MAC'KIE: Okay. I'm going to call the meeting back to order. January 12th, 1999 meeting of the Board of County Commissioners is back in session, and I think we are to agenda item 8(B)(3), which is the Livingston Road utility facilities agreement. MR. FINN: Good afternoon, Madam Chairman, Edward Finn, Public Works Operations Director. Congratulations. This is a follow-up item of essentially the road agreement with LDP regarding the extension of Livingston Road north of Immokalee Road essentially to the Lee County line, concurrent with the road construction. The developer is interested in and staff supports the construction of water, sewer and reclaimed water irrigation utilities. Our recommendation is for approval of this item. CHAIRPERSON MAC'KIE: It's kind of stupid to build a road without building the utilities at the same time? MR. FINN: Yes, ma'am. CHAIRPERSON MAC'KIE: And their sharing appropriately in their percentage of the cost and the County is kind of getting a good deal is the way it looks to me. Any discussion? COMMISSIONER NORRIS: Mr. Finn? MR. FINN: Yes, sir. Page 79 ---------.--- -...---------. ---.------.-..-. January 12, 1999 COMMISSIONER NORRIS: Is there any changes to this in concept since we've previously discussed it? MR. FINN: Yes. A reclaimed water main has been added to this project for future use. The cost of that is approximately $270,000. That is being paid in the form of progress paYments by the county 100 percent, because at this point, it is a county benefit for the future. CHAIRPERSON MAC'KIE: And it's certainly in keeping with our direction about that we want reclaimed water where we're building roads. COMMISSIONER NORRIS: And we're saving money by laying it at the same time, right? MR. FINN: Yes, sir. COMMISSIONER NORRIS: Okeydoke. COMMISSIONER CONSTANTINE: Why -- is the county paying that through? I understand you're saying it's for the county's benefit overall, but it wouldn't need to be there at all if the developer wasn't developing the property. MR. FINN: At this point in time, the resource to provide reclaimed water is not in place. The developer was not interested in sharing in the cost under those conditions, and it really is considered more of a long-range county benefit rather than benefiting anyone developer at this point in time. It is our hope to have a fleshed out reclaimed water program at some point in the next two years, which would provide for that resource to be available to this area. This is actually an opportunity for us to provide something of a master planned approach to these several sections of land that eventually will be developed. Certainly the development up there is going to be of an upscale nature, certainly is going to involve several golf courses. Eventually that will provide a good outlet for the use of the reclaimed resources. On that basis, staff is recommending that we front the cost for that and install it at the same time as the balance of the utility infrastructure. COMMISSIONER CONSTANTINE: Do we have a plan on how we're going to have enough product available to meet that demand, since we have trouble doing that now? MR. FINN: It's our plan to initiate essentially a detailed master plan of that this fiscal year in order to flesh out the concept. I will tell you that one item that is near to happening is permitting and construction of an aquifer storage and recovery facility for reclaimed water. On your agenda today you'll note that there's a -- we've received a $200,000 grant to assist us in funding that effort. Our hope is to have that constructed by early 2001. That would provide on-season supplemental water that we could pull from storage and make available to our users. COMMISSIONER CONSTANTINE: Thank you very much. CHAIRPERSON MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: Would this reclaimed water also be made Page 80 ~_'_^n_.___ ,,--..-.,.,.-...-....,..-- ~-----_._- January 12, 1999 available to just development along there, not necessarily golf course? Is that not - - it can be used, can it not, for just irrigation purposes? MR. FINN: The water is typically not pressurized to the point it could be used by one off small connections. Rather, our plans thus far have recognized that the most efficient way to use this resource is to provide it to large users who would provide reservoir capacity and be in a position to pump it up to delivery pressure themselves through their own internal system. It is more desirable, more economically beneficial to the county as a whole to provide it to larger users. This is a low pressure delivery system rather than a high pressure retail delivery system. COMMISSIONER BERRY: Well, I was thinking more in terms of the like common areas for a development area. Carlton Lakes, for example, doesn't have a golf course, but theY're going to be along this Livingston Road group. If they desired to hook up to this, would that be something that they could do? MR. FINN: In all likelihood, yes. It's very difficult right now to make any kind of a commitment or even projection. COMMISSIONER BERRY: Right. MR. FINN: The resource simply is not available at this juncture, but the answer to your question is yes, when it is available. COMMISSIONER BERRY: When it's available. MR. FINN: Yes. COMMISSIONER BERRY: Okay, thank you. CHAIRPERSON MAC'KIE: Any further discussion or a motion from the board? Any public speakers on that? MR. FERNANDEZ: None. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER BERRY: Second. CHAIRPERSON MAC'KIE: All in favor say, aye. Opposed, no. (No response.) CHAIRPERSON MAC'KIE: And it passes five-oh. MR. FINN: Thank you very much. CHAIRPERSON MAC'KIE: Thank you. Page 81 -..~-~_..--' - --~-_. ____e_ --.---- - . 883'_ LIVINGSTON ROAD JAN 1 2 1991 UTILITY FACILITIES REIMBURSEMENT AND CONTRIBUTION AGREEMENT bd t-f n ::a .... OIl: I:"'" rt> ...... .....a t:lII:I c-t" .... ~ t:I THIS CONTRIBUTION AGREEMENT is made and entered into this /~ day of~ ~::.. c::o....o .... n.... cJ.r (it . y, 1999, by and between Long Bay Partners LLC., a Florida limited liability company ....== .... lXI 0 t:7 >- - ~ ....= (hereinafter referred to as "LBP") and THE BOARD OF COUNTY COMMISSIONERS OF == .... I:"'" 0 0 ~ COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER ~ c::o "'" _n _0 ......~ ......= -"'" DISTRICT (hereinafter referred to as "County"). LBP is used as singular or plural, as the context ... = ... I'..> po l;- w::::. ...... ...... I'..> ~ ~ c:....> reqUIres. .. ex:> ~~CT\ = :=: Ln n :il s;;: c::> ~I:""'~ tc::a.. .... .... n RECIT ALS: ~ ~ I'..> lXI ~ Ln ~ C) c:::> n ...... w::::. WHEREAS, LBP is desirous of entering into a contribution agreement with the County :>01 ~ n ng~ g;;:::: Q which provides for both a cash reimbursement and grants a credit for water and wastewater impact :::c:r t:III:I ..- :>oI~ n~ gCT\ fees, sometimes referred to as system development charges, in exchange for the construction or ~I'..> .:"'" "-0 .... I:"'" installation of certain regional water and wastewater utility facilities made to the County's regional n~ 0"'" _n .... .... .... system; and en "'" .... WHEREAS, LBP either has legal control over, or is the legal owner of certain lands ...... ...... c::o "" ...... . . c::o c::o described in Exhibit "A" (hereinafter sometimes referred to as "Property" or "Water and Wastewater c::o= System Impact Development Lands") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of water and wastewater system impact fees; and -1- -~-~_.-, -_..._......,~-- -_.~. .,. as 3._ JAN 1 2 1999 WHEREAS, all parties acknowledge that the value of donated land, if any, shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County and shall be based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and WHEREAS, all parties acknowledge that the valuation of eligible anticipated construction to the County's regional water and wastewater system shall initially be based upon professional opinions oftotal project probable costs certified by a professional architect or engineer; and WHEREAS, all parties acknowledge that in the case of contributions of construction or installation of improvements, the value of the LBP's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by LBP; and WHEREAS, the County Public Works Division has recommended to the Board of County Commissioners that it will be advantageous to the public for LBP to install certain water and c::> wastewater utility facilities described in Exhibit "B" and "e" which facilities are hereinafter referred ~ . . r.....:> to as the "Utility Project", which are composed of, among other things, up-sized water and <-n c::> a+:::=o wastewater utility facilities that are larger in size and that will carry capacity in excess of the size .-.::J Q . . and capacity determined by LBP to be needed solely to accommodate LBP's Project; and .......... C""o c...u c::> WHEREAS, the County is amenable to reimbursing LBP's increased materials costs and increased installation costs incurred and paid by LBP, which costs would not have been incurred or paid but for the up-sizing of the subject water and wastewater transmission facilities; and WHEREAS, all parties acknowledge that no credit whatsoever for land, easements, -2- -_._-- ,.- 8 B 3 ..__ JAN 1 2 1999 construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any LBP's contribution pursuant to this Agreement, but shall be eligible for reimbursement if provided for in said law, ordinance or rule or regulation, and WHEREAS, all parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the utility construction standards and procedures of the County and shall be first approved by the Collier County Public Works Administrator prior to commencement of construction; and WHEREAS, LBP acknowledges and agrees that LBP shall have full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation on behalf of LBP necessary to convey the contribution to the County in conformance with the County's utilities standards and procedures ordinances and regulations; and WHEREAS, LBP has submitted to the Collier County Public Works Administrator an C) acceptable proposed plan and estimate of costs for the subject contributions (hereinafter "Proposed ::c . . ['...;) Plan") which includes, but is not limited to: (..n c:::> ..a::=- a. A designation and description of the Water and Wastewater System Impact ~ Q . . Development Lands for which the Proposed Plan is being submitted; ......... cr. c...u ......... b. No land is proposed to be donated; c. Acceptable initial professional opinions of probable construction cost for the proposed construction prepared by a professional architect or engineer; d. An acceptable proposed time schedule for the completion of the proposed plan -3- ~-. r - 8 a 3 .~ JAN 1 2 1999 prepared by a professional architect or engineer; and e. A twenty-five hundred dollar ($2500.00) processing review and audit fee payable to the County; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's regional water and wastewater system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's water and wastewater system impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's regional water and wastewater utility system; C> c. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, :::t::J . . I'....) will not create a detrimental imbalance between the treatment and transmission capabilities of the Ln c::> o-I:::a County's regional water and wastewater system; ~ G:l . . d. The Proposed Plan is consistent with the public interest; and ...- CJ"'lo c...u I'....) e. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's regional water and wastewater system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated -4- --.-, ------- r-ss; ~t JAN 1 2 1999 by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, LBP agrees and acknowledges that it shall not proceed to install or construct any portion of the subject contribution, nor shall this Contribution Agreement be effective unless LBP's counsel shall satisfactorily advise the County Attorney in writing prior to time of recordation of this Contribution Agreement as required herein, that the LBP has all funds necessary to complete the contribution available and under its control; and WHEREAS, the contributions contemplated under this Contribution Agreement shall be construed and characterized as work done and property rights acquired by a utility or other persons engaged in the collection or distribution of water and wastewater for the purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastructure or the like; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. WIT N E SSE T H: C> NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and valuable ~ - - ['-...> consideration exchanged amongst the parties, and in consideration of the covenants contained herein, ~ c::::> N:::::. the parties agree as follows: '""0 Q - - 1. The above recitals are true and correct and are incorporated herein. ~ CT"l c.....> c.....> 2. In exchange for the contributions identified and contemplated in this Contribution Agreement, LBP shall be entitled to a cash reimbursement or a credit for water and wastewater system impact fees as more particularly described herein below. 3. The amount of LBP's cash reimbursement and credit for water and wastewater -5- 8B3."~- .IAN 1 2 1999 system impact fees will be determined according to the following standards of valuation: a. LBP acknowledges and agrees there are no donations of land included in the subj ect contribution. b. The value of eligible and anticipated construction to the County's regional water and wastewater system shall be based upon professional opinions of total project probable cost certified by a professional architect or engineer. c. In the case of contributions of construction or installation of improvements, the value of LBP's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by LBP, exclusive of design costs. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contribution under this Contribution Agreement is detailed at Exhibit "C". Until the contribution credit is finally adjusted upon completion of c:::> construction, no more than seventy-five percent (75%) of the initial estimate of costs for :::t:J . . ["0...) contributions for the North/South portion of the Utility project contained herein shall actually <...n c:::> w::::. be applied or used in a calculation of available credit against water and wastewater system "'"ell Q . . impact fees. ~ ~ c..v w::::. d. Upon acceptance and recording of all appropriate conveyance documents to the County which relate to the North/South portion of the Utility Project in a manner which conforms with the standards and procedures employed by the County for the acceptance of regional wastewater and water utility infrastructure, and after receipt by the Public Works -6- ---,..,- ~_,_,""'_'__.,d --~-~ - 8 B 3 -'Ii, JAN l 2 1999 Division Administrator of a satisfactory written verification of unconditional payment in full for the materials, installation and all other costs of the Utility Project, the County agrees to reimburse LBP in the form of water and wastewater impact fee credits for certain material and installation costs of the Utility Project in the sum total of FOUR HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED SEVENTY-EIGHT DOLLARS ($474,978) as described in 3.c. above and the cash sum of SEVEN HUNDRED THIRTY SIX THOUSAND FNE HUNDRED TWENTY-ONE DOLLARS ($736,521), which is reflected on the schedule of reimbursement attached as Exhibit "C" ("North/South Payment'). In addition to the North/South Payment, County agrees to reimburse LBP SEVEN HUNDRED FORTY THOUSAND TWO HUNDRED FIFTY DOLLARS ($740,250) in cash for the design and construction of the East/West and Effluent portion of the Utility Project ("EastlWest and Effluent Payment''). County agrees to reimburse LBP for the EastlWest and Effluent Payment based upon monthly invoices submitted by LBP which will include C> approved payment application from contractor and invoice from LBP. County shall pay ::=t:' . . I".J LBP within forty-five (45) days of receipt of an invoice from LBP. Other than the (..n C=> H===o adjustment provided for in Subparagraph 3(c) above, the County's payment obligation under "'"t:J c;::a . . this Contribution Agreement shall not exceed the total amount to be paid to LBP shown on ~ cr. <...0..> (..n Exhibit "C". Further, no reimbursement shall be made for any installation cost or material cost of a pipe size that is otherwise required of LBP as part of a planned unit development ordinance, site development plan, or any other ordinance, regulation, condition or permit. If there should be a reduction in the cost to LBP for reimbursable materials or installation -7- -"-- 8 B ;<<'~ JAN 1 2 1999 costs from the estimated costs specified in composite Exhibit "C", such cost reduction to LBP shall also reduce the County's reimbursement obligation, pro rata, e.g., if the reimbursable cost to LBP should be reduced by five percent (5%), the County's obligation hereunder shall be reduced by the five percent (5%). e. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any LBP's contribution. f. A description of the contribution which is the subject of this Contribution Agreement together with initial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Proposed Plan, if applicable, prepared by a professional architect or engineer, are attached hereto as Exhibits "B" and "C" respectively, the Proposed Plan, which are incorporated herein by reference. <::::> 4. Upon execution of this Contribution Agreement, additional work requested by the ~ - - l"'.J County beyond that contemplated in the description of and estimate of costs for contributions under (J'1 c::> ~ this Contribution Agreement shall be paid for by the County and shall not be considered or included ~ Q - - in the value of any LBP's contribution. ~ cr. <...v cr. 5. The County shall acquire all easements necessary for the construction of the EastlWest portion ofthe Utility Project. In the event Collier County is unable to acquire necessary easements within ninety (90) days of receipt of notice from LBP that LBP has commenced construction of the North/South portion of the Utility Project, LBP's obligation to construct the -8- --- 8S3~ JAN 1 2 1999 East/West portion of the Utility Project shall terminate. However, this Agreement shall remain in effect for the construction of the North/South portion of the Utility Project. 6. County acknowledges that timely completion of the North/South portion of the Utility Project is a critical and fundamental aspect of the Contribution Agreement. The County shall acquire (including completing eminent domain "quick take" procedures) easements for the construction of the North/South portion of the Utility Project on or before December 31, 1999. 7. The County shall apply the credit for impact fees identified herein toward (i) the water and wastewater impact fees which LBP is required to pay for each building permit which is applied for on the Property or (ii) any assignment of water or wastewater impact fee credits to other property owners, within the area described in Exhibit D thereby reducing the balance the water and/or wastewater impact fee credit by the same amount. It shall be LBP's obligation to notify the County in writing that a credit is available each time a building permit is applied for. If credit is available under more than one contribution agreement, the credit shall be deducted from the C> available balance of the first agreement entered into. ::::a . . r--...> LT1 8. The impact fee credit available under this Contribution Agreement may be used to <:::> 0+::=- evidence payment of estimated water and wastewater impact fees necessary to obtain a Certificate '"'"C:J G") . . ......... of Public Facility Adequacy for the parcel, or each of the respective parcels, benefiting from this a--. (..0.) --.J Contribution Agreement, provided such user will not cause an undue or unreasonable burden upon the administrative, accounting or audit resources of the County. For the purposes of this paragraph a Certificate of Public Facility Adequacy shall be defined as such by Collier County Ordinance No. 90-24 or its successor in function, so long as the provisions and requirements therein are not -9- - --- --..------- r-S83 .~~ ..IAN , '{ 1999 otherwise inconsistent with the terms of this Contribution Agreement. If an impact fee credit available under this Contribution Agreement is used to secure a Certificate of Public Facility Adequacy, then upon the impact fee credit either expiring, becoming subject to demand for reimbursement or refund, or otherwise becoming no longer available, the County shall notify the developer benefiting from the impact fee credit under this Contribution Agreement of such expiry, reimbursement, refund or other circumstance in writing. Said written notice shall identify the shortfall amount and make a demand that LBP immediately remit to the County and replace any shortfall of funds needed to continue to secure the Certificate of Public Facility Adequacy within sixty (60) days of the mailing of said notice by U.S. Mail return receipt requested. Failure to replenish said shortfall within sixty (60) days of mailing as required herein shall subject the subject Certificate of Public Facility Adequacy to expire in the same manner as if a cancellation and refund of the Certificate of Public Facility Adequacy had been requested by LBP. 9. An annual review and audit of performance under this Contribution Agreement shall C> be performed by the County to determine whether or not there has been demonstrated good faith ::t:1 . . r-...> compliance with the terms of this Contribution Agreement and to report the credit applied toward (J"1 c::::> N==a payment of water and wastewater system impact fees and the balance of available unused credit. If '""'t:J Q . . the Collier County Board of County Commissioners finds, on the basis of substantial competent ......... cr. <..0..> 00 evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Contribution Agreement may be revoked or unilaterally modified by the County. 10. The duration or availability of credits pursuant to this Contribution Agreement shall not be for a period in excess of five (5) years from the date of substantial completion of the approved -10- -_._,...._..~- --- -- ~B? ,,' iA N _2 1999 plan of construction, or from the date of donation of land, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this Paragraph only, the date of substantial completion shall be the date of final acceptance by the County pursuant to Collier County Ordinance No. 97-17, as amended, or its successor in function. 11. In the event the amount of LBP contribution, pursuant to the approved plan of construction, exceeds the total amount of impact fees imposed or used on the subject Water and Wastewater System Impact Development Lands, LBP shall be entitled to the return of one-half ('i2) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from water and wastewater system impact fees collected during the fiscal year immediately following the fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, or the seventh anniversary, exclusive 0 of any moratoria, from the date of recording this Contribution Agreement in the Official Records, :::cJ . . r--J whichever shall first occur. Should the source of funds for reimbursement as described in this (.J1 c:::::> w::::- paragraph not be available within the time frames described herein, the remaining balance of any ~ Q . . impact fee credits shall be forfeited. For the purposes of this Paragraph only, the date of substantial .......... CT'l c.....> '1..0 completion shall be the date of final acceptance by the County pursuant to Collier County Ordinance No. 97-17, as amended, or its successor in function. 12. LBP shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any -11- -_._.._._._---~...._-, -- -------_.- . 8 B 3 .4~ - JAN 1 2 1999 improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 13. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either LBP or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws, including State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 14. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. c::::> 15. The burdens of this Contribution Agreement shall be binding upon, and the benefits :::t:1 . . ["o.J of the Contribution Agreement shall inure to, all successors in interest to the parties to this t.n c::> w::::.. Contribution Agreement. """C:f G") . . 16. The performance and execution of this Contribution Agreement shall be carried out ~ err. w::::.. c::> in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 17. This Contribution Agreement shall be recorded by the County in the Official Records -12- -'".- _._.._+-_._._,.._-~_.. ----- . r- 8S ;itt JAN 1 2 1999 of Collier County, Florida, within fourteen (14) days after the County, by its duly authorized Chairman, executes this Contribution Agreement. 18. Any party to this Contribution Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this Contribution Agreement. 19. The County shall apply all water and wastewater impact fees collected by the County for properties located within the "region served" in the area described in Exhibit "D" to the water and wastewater impact fee credits issued to LBP pursuant to this Contribution Agreement. Upon application by LBP, the County may forward to LBP on a semi-annual basis, said water and wastewater impact fee payments received by the County. 20. The County shall monitor impact fee collection within the Property to ensure that only impact fee credits granted to LBP pursuant to this Contribution Agreement as used as impact C> fee payments for all water and wastewater impact fee construction with the Property until all water :x:1 . . E"-.3 and wastewater impact fee credits granted to LBP pursuant to this Contribution Agreement are ~ c:::> w:::.. utilized by LBP or assigned in accordance with the terms of this Contribution Agreement. ""'C:J Q . . 21. The County shall provide LBP with a certified copy of this Contribution Agreement, ~ 0"lI w:::.. ~ including all exhibits attached hereto, such that LBP's certified copy of Exhibit "F" (Water and Wastewater Impact Fee Credits Ledger) can serve as the ledger sheet to documents LBP's balance of water and wastewater impact fee credits. 22. LBP may assign any water and wastewater impact fee credits due to LBP pursuant -13- -..- __,-__",u..<<_ -_.~.,,- 88 3 ~,t4 JAN 1 2 1999 to this Contribution Agreement to other properties within the area described in Exhibit D whether or not owned by LBP. IN WITNESS WHEREOF, the parties have executed this Contribution Agreement as of the " date and year first above written. Attest: JAN 1 2 1999 BOARD OF COUNTY COMMISSIO~RS J ~J . Dated: FOR COLLIER COUNTY, FLORIPA, A .. , .' DWIGHT E. BROCK, Clerk POLITICAL SUBDIVISION OJ: THE " . , A STATE 0 ORillA .~ ttest as to Cha1rM1n's ........ ~ sfgnature on1J_ - By: ~,C~'.-1#&BY: .\~ ....1 (Deputy Clerk) WITNESSES: LONG BAY PARTNERS LLC, " ,jo'.... c::> :::c:J a Florida limited liability company . . ~ (J1 <:::> H=:=o By: BONIT ABA Y PROPERTIES, INe. ~ A Florida Corporation, c:::a . . its Managing Member ~ By: D~fd b~~ , Print Name: 'bAv l b #. t;'~AHfHI-\. Title: U l~ e. f~.l; le~ STATE OF FL~ COUNTY OF ACknOWI-:t.ed to before me this 31 sf- day of ~ Ce ~ , 1998, by ~;c( . G~ , of Bonita Bay Properties, Inc., a Florida corporation, Managing Member of Long Bay Partners LLC, a F~ limited liability company, on behalf ofthe corporation and limited liability company. He is [ personally known to me, or [ ] has produced a arher's liGensc no. as identification. (SEAL) "'$.\':A~:'ft.~~" JOANNE JANES ~.i:&f'} MY COMMISSION' CC 692268 -14- ~~.....g~ EXPIRES: February 10. 2002 '.Rr..l~.. Bonded Thru Notary Public Underwriters - ...._.~_.~-,--" ,,- 8 S 3.t';~ JAN 1 '( 1999 Commission No. My commission expires Approved as to form and legal sufficiency: ~ PJ~ lOW\. -w' Thomas C. Palmer Assistant County Attorney . c::> :::c . . r-...> Ln <:::> ~ ~ G") . . ~ O"'lo ~ c..v -15- ..-- -- --.-...--. -- - ~-8B3~ .IAN 'I 2 1999 EXHmIT LIST Exhibit A Description of Lands Exhibit B Project Description (Utility Facilities) Exhibit C Reimbursement Schedule Exhibit D Region Served by the Utility Project Exhibit E Risk Management Guidelines Exhibit F Impact Fee Credits Ledger C> ::=t:' . . r...:. LT1 c::=> ...t==o ""'ClI G"'l . . ...- cr. N==ao N==ao - -16- _._-~-- ---._......_-~ ._~-~~ I JA'I i :- '1 !"" .. l 1999 f- I ~~ Ii l " 'I C? ~. I, I _ ',. 'I l I ;. I '~. -' . . ! I _; i < " ' . _'" I' ,j" ' I'" 'I ~: , ---" ,-" ~ ., 1 i > . -I :. · ' ,:!l aj , ~ ' ~~ 1- ~ I =~ I ~~ " rr.~ ,~i' I ..,:~ I I I ' . I I! .. ' I I"' ',,' I · l' '"~I ' , ~. ' /' < I .,.,.' I << ,," I, ." ,d' ., , ,,;; ~ f~ / I · , . i i I < g ,0; =~ ~ ". :;.' I ~-~--" ! ]--;--. f I I! J~! I i " . . C> .; , . = , ' S ," ~ITJ' I · ~ ,_ . CO> \' i i,i' I N::.. . ' ,- ' , / . I ;i: ., ; I ' .., ----' ~. 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I---~ i. l--ilI-a:; ~. c . ~ ~ ~ ~ ~ ~ ~ ~ l~ ~ ~ ~ ~ ~ ~ d! ~ ~ ~ ~ J j I ~ ~ ~ j I I ~ ~I~ I i j ~ ~ ~ j i ~ ~ ~ j ~ ~~ ~ ~ ~ ~ s ! ~ 8 ~ ~ s j ~ ~ 18 s f ~ 18 s ~ ~! ~;~I'I~ ;;1"11 ~~ I ;;~~I ;;~-~~I ~ ~ J 3 3 I~ ~~.s Jllli~~";S _'" II~' 11-' - '" II: II: I.~' . d! I ,{; . . II: a ~ ~ ,,- i i <~ sa ~ ~ :3 ~ - S ~ ~ :3 ! I i 1- :J j sa :3 j sa ~ l~. i ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ..... U I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ III. u j . j 33 ~:~~~~~~ ~:~~~~~ ~B J~ i i:~:~~ i:::~~0B ~~ ~~ j ~~"i"'''''''''''' !~~"i....~e'" gi~~"i:"i~'" .~~~"i -"i~'" c. u. - it" _ iu. _.... it _~_ ~i i II~ I i II~ ~I I! 1 i II jj j~~~~~~ ! i~~~~~~~ cij . ~~~~~ ! j~~~~~ 'J I -\ j . I ._'__ I I- .' I ' 1-. ,;;-; -: II . :1_- ~L,' r I' ~~~~"" " I !l!i I ' I I . - ~~~~~~~ ~ ' = ~N 12 1999 _~~~.~ ~ I I~' ~~~~~~~ I I, ~~~~,,~""~~ ~~~I - I 'I _,~~~~~I ill _ ~ ~'" ",,-""" ~ " """',," ,*,,,-,,::: ,~'" " -0: ~ " ,,,-, ",,- ., ,""~" =6~~~~~~~ 'I -~~ _.- ."'~ ,~~~~~"~~ ~"-~ ~~ ' ~"-~ "I I - ~,,~"~,,"~~ "" ",." '""' ,,-, "" , I' "",,~,,~'0,~~ ~",,,~~~:-.;, ~ '" ::..'.'" .'''' \~ bt~ -;:"~~~~~~ ~~~~~,~'~ ~~j ~! ~~~~~. ~~_ ;~ijffi.~I~ ,~"'-~""~'''~' ~\:-.,,"-~~~""" ~. ",-"s",,~,,"-"~ '"'~~' I I y--- , ~ . ,""~ ~~; ~~~~ ~ -\ :: .. /' I "",-,0."'-' , _ """,,,. "----- C> _~_ ! ~ _ ~ I I. . - I ~ I - =,' I cr. '~__. i c \ ~ ,. I I -- ~ -I ;= - I .. " - I I - -< .' - I' -r '.. '" . l-j -',1 1 ~ I . =" i '" I -. ' >. .. ., 1::0' .-z :-- I '" ,,- . -- _~ _. I > . .- ,,-- _ : _ _ "0,, 1181HX3' c""~FJ!B I' -- T_I I . I - I .. I . - ' . - . - I --- . I 8 S ;.~ JAN i 'l 1999 EXHIBIT "E" RISK MANAGEl\tIENT GUIDELINES . "- , , , Insurance Provisions: Developer shall require all contractors perfbrming work pertaining to this Agreement to procure and maintain the following insurance policies. Prior to the commencement of work, Developer shall provide to the County certificates of insurance indicating these coverages. . Comprehensive General Liability: Contractor shall maintain minimum limits of $1,000,000 per occurrence combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include premises and/or Operations, Independent Contractors and Sub-contractors, Completed Operations, Broad Form Property Damage, XCU Coverage and Contractual Liability endorsement. 'Yorker's Compensation: Coverage shall apply for statutory limits in compliance with applicable state and federal laws. The policy must include Employer's Liability with a limit of$l,OOO,OOO each accident. Business Automobile: Contractor shall carry minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury include owned vehicles, hired and non-owned vehicles and employee non-ownership. Additional Insured, Miscellaneous: The Collier County Board of County Commissioners are to be added as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. C) ::::cJ Current valid insurance policies meeting the requirements herein identified shall be . . r-...> maintained during the duration ofthe utility project. Renewal certificates shall be sent to (..T1 the County 30 days prior to any expiration date. There shall be a 30 day notification to <:::) ~ the County in the event of a cancellation or modification of any stipulated insurance It-cJ coverage. G'"l . . ...... Developer shall be responsible for assuring that the contractor complies with the above- CJ"'\ ~ mentioned requirements. No work shall commence until proper certificate(s) indicating Y:> compliance are received by the County. Indemnification Provisions: Developer, in consideration ofTen Dollars ($10.00) receipt and sufficiency of which is accepted through the signing of the Agreement to which this exhibit is attached, shall hold hannless and defend County and its respective agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to Developer's performance under the subject Agreement or the relocation of the Utility Facilities thereunder. -_.__...~...._.- . - ~- 8 B 3 ~~- JAN ~ ? 1999 This provision shall also pertain to any claims brought against the County by any employee of Developer, any Contractor or Subcontractor or anyone directly or indirectly employed by them. . , " , , , Developer's obligation under this provision shall not be limited in any way by the , contribution amount or Developer's limit of or lack of sufficient Insurance protection. .; . c::> ~ . . ~ <...T1 c:=> w:::::. ""'1:lI ~ . . ~ 0"'\ <...T1 c:=> -._---~-_.-_._._.... - SIB; .~ .IAN 1 2 1999 UTILITY IMPACT FEE CREDIT LEDGER . IMPORTANT: This Utility Impact Fee Credit Ledger Is intended to document the balance of Utility Imp~ct Fee Credits applying ONLY to thEi'followlng property: "- , ./ Beginning Balance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ UTILITY IMPACT IMPACT FEE COUNTY OFFICIAL DEVELOPER REP. DATE PERMIT NO. FEES DUE CREDIT BALANCE CSlanature) CSlonature) * * * <::> :x- . . I'.> lJ'1 c::> ...a::::.. """'=' G":) . . ......... CT\ (.TI ......... * * * EXHIBIT "F" ".~.._._- ---- . --------- January 12, 1999 Item #8B5 ALTERNATE ROAD IMPACT FEE FOR THE HERITAGE GREENS GOLF AND COUNTRY CLUB BASED ON A SITE-SPECIFIC COMPUTATION AND AUTHORIZZATION TO REFUND THE PRIOR OVERPAYMENT - STAFF RECOMMENDATION APPROVED Next item is 8(B) (5), which I believe Commissioner Norris pulled 16(B) (5) off the consent agenda, I'm betting, for the purposes of keeping his record consistent in opposing these particular matters; am I right? COMMISSIONER NORRIS: Well, that's part of it. Thank you, Madam Chairman. The problem that I see with this is that we have -- obviously, as you point out, I'm not in favor of these in the first place and would like to see a - - I continue to request that we find some way of not having these available. But the problem, if you'll look on the second page, is that the impact fee went from one oh seven six sixty-six down to 11,435 or less than 11 percent of what we had originally charged them. Now, what this indicate is that there's a major problem somewhere, either in the way that we originally calculate impact fees or in the way that our alternative impact fee system is set up, because to go -- to make a 90 percent error originally is just not right. Something needs to be corrected here. I'd like to see us take some sort of an action to close these gaps. CHAIRPERSON MAC'KIE: If I can just say, and then we'll hear from staff, I got a call from the property owner here who's the district - - whom I represent in my district and the question was how can you possibly be taking my money from me now and keeping it when everybody knows that you're going to have to give it back to me, because that's -- because there is this error in your impact fee ordinance. And frankly, in my discussion with Mr. Kant, that was pretty accurate, that we see that we have a problem with our ordinance and we're revising it; am I right? MR. KANT: Edward Kant, transportation services director. Yeah, the ordinance is going to be revised as part of an overall review of impact fee ordinances, and this is an issue which has come up, as Commissioner Norris points out, a number of times in the past. This particular one is different only in that this is a request for a refund as opposed to a request against prior -- MR. FERNANDEZ: Madam Chairman, may I interrupt, please. The question was, is there an error in the impact fee ordinance, I believe. CHAIRPERSON MAC'KIE: Well, my question was, have we -- have we identified that there's a problem with our ordinance that we intend to be fixing in the future so that we don't collect people'S money and make them come in and ask for it back. MR. FERNANDEZ: Okay. MR. KANT: The answer to that is yes, we have requested the Page 82 '--'~--"." -,_.... --~-~,<--_.__._"',.- ~- January 12, 1999 consultant, at the top of their list, look at golf courses, because that's where the most questions come up. CHAIRPERSON MAC'KIE: So does that then answer your question, Commissioner? Basically, we do have a problem with trying to change, we need to change. COMMISSIONER NORRIS: Well, it's pretty obvious when you see that you go from one oh seven to eleven, and that's a pretty obvious mistake -- or not a mistake, because you follow the procedures as they are written, that's the way the numbers come out, but there's a problem in our methodology is what I'm saying and we need to get it corrected. If people owe a certain amount of impact fee, then that's what they should pay. Where are we -- what are we going to do besides correcting our procedures or our methodology for assessing impact fees? Are we going to continue to have alternative impact fees calculations available, or not? CHAIRPERSON MAC'KIE: The way I understood it, Mr. Weigel probably wants to answer that. MR. FERNANDEZ: Madam Chair -- CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: I believe our attorney has advised us that we need to have that mechanism in our ordinance in order for them to be enforceable. I don't want to put words in his mouth, but you may want to -- CHAIRPERSON MAC'KIE: But you just did and I think -- MR. FERNANDEZ: I know, but - - MR. WEIGEL: He's spoken for me quite well. We've reviewed this and have looked at outside case law and it's our belief, my belief, that the mechanism -- pardon my frog -- the mechanism is there that - - should be there providing for an alternative fee. Obviously, the methodology needs to be correct and effective in all aspects of the ordinance, both in the regular rote application, as well as any alternative process. But we believe it should be there, particularly in terms of defensibility if there should be challenge upon the rote application or the standard application, should that occur in the future. COMMISSIONER NORRIS: Okay. Well, as long as we're correcting any errors in our methodology, let's make sure that we also examine and analyze the alternative impact fee portion of that - - CHAIRPERSON MAC'KIE: Sure. COMMISSIONER NORRIS: -- to make sure that we are indeed coming out with a calculation that is representative of what the impact is. MR. KANT: The consultant has been tasked to examine that very carefully. COMMISSIONER NORRIS: Thank you. COMMISSIONER CARTER: What's the timetable to get this done? CHAIRPERSON MAC'KIE: The change. MR. KANT: That's being handled by -- that particular contract is not being handled in our department, but I believe the scope - - I believe the scope of services and everything has been done. There's Page 83 ..---- ~.,-- "-".- January 12, 1999 about an eight or ten month time frame for the entire thing. CHAIRPERSON MAC'KIE: Isn't government great, Jim? MR. KANT: I'm told ten -- COMMISSIONER CARTER: What I see is getting these back totally corrected, so I would -- CHAIRPERSON MAC'KIE: As we have been for about a year and a half, couple years now? MR. KANT: Give or take. CHAIRPERSON MAC'KIE: Uh-huh. COMMISSIONER CARTER: So I would hope that would be accelerated so that we don't have to go through this. CHAIRPERSON MAC'KIE: So, any other discussion on this item, or is there a motion? MR. FERNANDEZ: Madam Chair? CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: We have a speaker on this item. CHAIRPERSON MAC'KIE: I'm so sorry. We have a speaker? MR. FERNANDEZ: Mr. Don Pickworth. CHAIRPERSON MAC'KIE: Mr. Pickworth, do you need to talk to us? MR. PICKWORTH: No, Madam Chairman. I'm just here to answer questions if necessary, but I think it's all - - CHAIRPERSON MAC'KIE: Let the record reflect that Mr. Pickworth waived his opportunity to speak. So is there a motion? I'll make a motion to approve staff's recommendation, to get it on the floor. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Motion and second. Any discussion? If not, all in favor, please say aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER BERRY: Aye. CHAIRPERSON MAC'KIE: Opposed? COMMISSIONER NORRIS: Aye. CHAIRPERSON MAC'KIE: Motion passes four to one. Item #8B6 UPDATE ON TRAFFIC SIGNAL AT RECREATION LANE AND SANTA BARBARA BOULEVARD - PRESENTED Next item is 8(B) (6), which is something that I believe you added, Commissioner Constantine, about the streetlight. COMMISSIONER CONSTANTINE: Yeah, we had the memorandum back from Mr. IIschner and he and I had a little bit of a conversation. I just wanted to try to get -- you have almost a checklist here of when you expect different things to happen. And I' m -- for the purpose of the folks who live in that area, our date that we actually expect to see those things hanging above the street? MR. ILSCHNER: Okay. Madam Chairman, Commissioners, Ed Ilschner, Page 84 -.--,..--.-.,.-.----- -----~_.._-~-"- January 12, 1999 Public Works Administrator, for the record. We provided you a memorandum in which we did indicate certain time lines, time certains for critical activity to occur on that project. For example, we indicated an installation date of January the 13th, 1999 for the strain poles. I checked today with the manufacturer. That is on schedule. So those times that have been indicated in this memo to you are, as far as we can tell, on schedule. If that occurs, and this is complied with, we would state to you that we believe we will have this signal operational by no later than the middle part of February. COMMISSIONER CONSTANTINE: Right. Thank you very much. MR. ILSCHNER: Yes, sir. CHAIRPERSON MAC'KIE: Okay. Thank you. Item #8C1 FOLLOW UP REPORT REGARDING AN EFFORT TO ESTABLISH A MUNICIPAL SERVICE TAXING UNIT (MSTU) FOR THE CONSTRUCTION AND MAINTENANCE OF A NEIGHBORHOOD PARK ON TRACT 1.79 LOCATED IN GOLDEN GATE - STAFF DIRECTED TO REDRAW THE BENEFIT AREA The next item on the agenda is 8(C) (1) which is a report on the neighborhood park MSTU for Golden Gate. MR. OLLIFF: Good afternoon. Tom Olliff, Public Services Administrator. This item is in regards to a piece of property in the middle of what's commonly known as Golden Gate City, and it was one that the Board had directed staff to purchase and then pursue an MSTU creation for a neighborhood park. The survey's been done on that particular property. The results of the survey, which are included in your executive summary, indicate that the responses that came back were about 64 to 36 against the creation of because this is never a science in terms of drawing the boundaries of what is an actual benefit area, we've provided to the board in the executive summary other options in addition to what is the staff recommendation, and just for the record's sake, we made the recommendation based on what we thought were the survey results and felt like we needed to come back and then at least follow up with what the constituents out there who voted had said, and that be our recommendation. The other options that are included in your executive summary are to direct staff to proceed with creation of an MSTU which the board has the ability to do, regardless of the results of the straw pole. The third option there listed is directing the staff to redraw the benefit area, and I believe that there is a map included in your executive summary package that shows the dark line is the only area that we included within that benefit area. And I will tell you that there are two ways to go when we drew this benefit area, and one was to incorporate a much larger area. Page 85 . --..----- --,_._----~- -_.._-_._._..~...._..-_-_.,-- January 12, 1999 I'll try to show on the visualizer, that is the area again that was actually decided by staff to include in the benefit area. There are two routes to go. One was to try and draw a smaller area, which we thought would have had the most direct benefit. The other option would have been to include the entire square that you see there in your executive summary package. COMMISSIONER CONSTANTINE: Tom, there's a written policy on how we try to do that. Can you share with us what those criteria are, the mile and a half and -- MR. OLLIFF: There's a policy that defines what is the expected attendance for a neighborhood or a community or a regional park, and I think what you're referring to is that a neighborhood park generally is expected to draw from a mile and a half. CHAIRPERSON MAC'KIE: So what is the boundary here, what's - - MR. OLLIFF: Much smaller than a mile and a half. The staff was trying, and I think the Board's objective here was the same as the staff's, and how you get there are two different routes. We were trying to assume that those people that surrounded this area here that I'm pointing out on the visualizer, which is the elementary school and includes a playground, or the neighborhoods that surround this small yellow square at the bottom of the picture, which is the Golden Gate Community Center, and also has a playground, might be adverse to funding an additional neighborhood park type facility if they had access to one of those two. It was a judgment call on our part. We drew what we thought was going to be a successful benefit area. Straw pole says that it wasn't. And we're looking for some direction from the Board as to what to do at this point. COMMISSIONER CONSTANTINE: Let me make some suggestions here. You have four different things at the bottom: accept the survey results and direct staff to declare it as surplus and put it up for sale. I would suggest we not do that at this point. Direct the staff to proceed with a creation of the MSTU. Obviously, I don't think we do that. An area that two out of three people said, no, thank you. What I would like to see us do, and this was a -- if you remember, I brought this piece of property to our attention when Avatar was having their sale and some of the homeowners in the area had expressed a concern. It actually had been zoned for the potential of multi-family there. It would require some changes, but there are a couple of different criteria. One is the mile and a half that I asked Mr. Olliff about. The other area is where you don't -- where you take less than that, is if there is an impediment such as a major roadway or a major canal, like if you look to the north of this, you see the green canal. That's a wide canal. It goes the entire length. There is no way to traverse that. If you had a -- I think you can see it on the visualizer, you can also see it on page three of your -- it's marked in your packet. Obviously, even though that's only about 300 yards, 200 yards north, it doesn't make sense to go a mile and a half north of there. Page 86 " --,.__.~~----,...,.--_., ---~-_._.- -.-- January 12, 1999 The problem was, in the memo I got from our staff, was you see the bottom kind of curved boundaries, Hunter Boulevard, and they said, golly, that's a four-lane road. It is, although we just made the change a few weeks ago to make that a two-lane road, if you recall, with a bicycle path on the side running through that MPO. CHAIRPERSON MAC'KIE: Oh, yeah. COMMISSIONER CONSTANTINE: It is not a four-lane road in the sense of Airport Road or Radio Road. It's more like Glades Boulevard used to be when that was four lanes and we have since changed that to two lanes. So this is a, as of a few weeks from now, a two-lane with a bike path drawn in street that is literally 100 percent residential on it until you get to the corner of Santa Barbara. So I think that is more of a residential street. That probably wasn't accurate to consider that as a major thoroughfare. And the other was on the eastern boundary, that's a canal. But you can start anywhere east of that property still on the map, drive your bicycle or walk or take your car around that canal to where the little bridges go over and you are still far less than a mile and a half from the park. So I think in terms, when we talk about our policy being something that is prohibiting you from getting the park, I look at Green Canal, and that's very logical. When I look at the one little weaving Tahiti Canal, that is, and thoroughways around that and over that, so on -- COMMISSIONER CARTER: So they really should be pulling in all of this. COMMISSIONER CONSTANTINE: Yeah. And the bottom line is most of these homes are in the $70,000 range, so when we talk about hitting them with a $40 or the higher price I think was actually an $87 hit, that's a tough hit on them. I think if we spread this out in this whole area, we may very well get a better response when it's 11 bucks or 12 bucks a household. If the survey comes back from the wider area and they say no, then fine, we move on from there. But I suspect we will get a better response, and so that's what I would ask the board to do, is go with option three, which is redraw that to include the entire square, as you see it on the visualizer and in your packet, and refigure those monies, I think, to come out to around 11 or $12 per household per year and do the straw vote again. COMMISSIONER BERRY: Tim, do you realistically think that the people that - - at the bottom of the visualizer where that blue line is, yes, along in there and then go about one, two, three, four, I'm going to say it's not really blocks, but go about four levels in, do you think -- yeah, stop right there. Do you think that realistically those people are going to support going in that direction to a park? COMMISSIONER CONSTANTINE: Yes, I do. And reason being, that is literally six, 800 yards away. I mean, it -- even though you see a lot of houses packed in here, Golden Gate City is a very dense area, but it's not very far. I mean, it's no farther than when I was a kid, how far I would ride to get to the park. Page 87 ._"'-'.~ --" ---.-...- ~-~-- January 12, 1999 COMMISSIONER BERRY: My point is -- COMMISSIONER CONSTANTINE: Roughly a half mile -- COMMISSIONER BERRY: My point is that would they go there or would they go over to the community center because of their proximity. That's all my question is. COMMISSIONER CONSTANTINE: At the community center, there's a -- we do have the kid stuff now that is -- some of the facilities for smaller kids as far as park and swing, but I think you've got a couple of problems with that. You need to take a major road to get there for many of those. When you get to either down to Coronado, you can weave through some of the back streets and get over there. But I think if I was a parent, I'd be a lot more comfortable sending them up to the neighborhood park than down toward the intersection of a major thoroughfare as Coronado and Golden Gate Parkway. There's also just a limited number of park supplies down there. Supplies isn't the right word, but facilities. COMMISSIONER BERRY: Facilities. Well, I think the main thing, go ahead and do the -- you know, draw it on a bigger scale -- COMMISSIONER CONSTANTINE: After the survey comes back and -- COMMISSIONER BERRY: -- and see what they say. If they don't want it, they don't want it, you know. CHAIRPERSON MAC'KIE: Do we have pUblic comment on this item? MR. FERNANDEZ: No, ma'am. COMMISSIONER CONSTANTINE: I move we go with option three and draw the boundaries all inclusive of what appears on page three of our map, Exhibit E, I believe it's labeled. COMMISSIONER CARTER: I'll second that. MR. OLLIFF: In addition to that, if I could, if I could get the board to include into the motion that there -- originally on this, there was a time frame that if this MSTU wasn't created by the end of this month that the property would automatically be surplussed, so I would suggest that as part of this motion, that we extend that time frame for another four months. COMMISSIONER CONSTANTINE: Part of my motion will be to extend that pending results of the survey. MR. OLLIFF: That's good. CHAIRPERSON MAC'KIE: Okay. Second amends? COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Okay. Motion and a second. All in favor, say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. Thanks, Tom. Item #8D2 AUTHORIZATION TO PURCHASE A DIGITAL MICROVAX 31.00 COMPUTER TO RUN THE WATER-SEWER UTILITY BILLING SOFTWARE AND DATABASE - APPROVED Page 88 "'~_."._,-, ~--~-----'-'--"~'--~--'---'-----~---"'-'- .....--......- January 12, 1999 Item 8 (D) (2) is computer for water sewer billing. COMMISSIONER CONSTANTINE: I just laugh every time I look at the words, Digital MicroVax 3100. I don't know. CHAIRPERSON MAC'KIE: That's why I just called it a computer for water sewer billing. MR. OCHS: Well, we tried to be specific. Good afternoon, Madam Chairman, members of the board. For the record, Leo Ochs, Support Services Administrator. This item is in fact an authorization to request the purchase of a Digital MicroVax 3100 computer to run our water and sewer utility billing system. As the board may recall from our discussion previously on this item last month, neither the current software that runs our utility billing system nor the hardware upon which it runs is currently year 2000 compliant. The original plan was to make the existing computer upgrades necessary to make that run in a Y2K environment. But after doing a cost comparative analysis between outright purchasing the new system which is Y2K compliant versus the cost of upgrading the current system, it became obvious to us that the better cost effective approach would be to recommend that we purchase a new computer and run it in a production mode. COMMISSIONER NORRIS: Mr. Ochs, I appreciate your learned presentation here, but according to your figures, it's going to be $67,600 saving in operating cost annually and the capital expenditure is going to be one-third of the alternative, so really, I commend your department for the cost saving measures and motion to approve. CHAIRPERSON MAC'KIE: Do I have a second? COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Okay, any public speakers? Surely not. MR. FERNANDEZ: No speakers. CHAIRPERSON MAC'KIE: Okay, motion to approve. All in favor say aye. Opposed, no? (No response.) CHAIRPERSON MAC'KIE: Thank you. Passes five-oh. Item #8E1. PROJECT ASSIGNMENTS AND PRIORITIES FOR THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE IN 1.999 - OUTSOURCING RATHER THAN IN-HOUSE TO BE LOOKED AT RE OCPM AND AN ANALYSIS OF OTHER GOVERNMENTAL FUNDING TO BE PROVIDED, COMMISSIONER CARTER TO SERVE ON PRODUCTIVITY COMMITTEE The next item is 8(E) (1), which has to do with the priorities for the productivity committee. And I would just point out as this is coming up, too, that I have previously served on this committee as the vice-chair's nominee last year, because John didn't serve on this committee due to time constraints, and think it's probably appropriate Page 89 ----" ~- January 12, 1999 for us to have a new designee, whether we do that today or sometime soon. So, Mr. Fernandez? MR. FERNANDEZ: Madam Chairman, this is the opportunity for the board to give direction to the productivity committee. We thought in order to facilitate this process, that we would bring to you some recommendations in terms of projects and the priorities of those. There's nothing magic about that list. The board can feel free at this point to add to that or change it in any way that you see fit. We've also included two other matrices that indicate projects that are in progress, and projects that have been completed by the productivity committee, to give you some idea of some of the things that they have been working on. But this is the opportunity, as I said, that the board has to give direction to the productivity committee they have requested so they -- so that they know they are working on the things that the Board of County Commissioners have identified to be priority items. Mr. vincent is here to go over the matrices, if there's interest in going over any of those in detail. CHAIRPERSON MAC'KIE: I just had a question. Are these -- were these developed -- were these projects identified by the committee members or by staff? MR. FERNANDEZ: The ones on matrix one were identified by staff. CHAIRPERSON MAC'KIE: Right. MR. FERNANDEZ: And the priorities were assigned by me. As I said, nothing magic about that. It was an attempt to get the discussion started from the board. COMMISSIONER CONSTANTINE: I would still love to see the one item I don't see on here. I would love to see an analysis of how much money we get from various places, or within various departments from the state and federal government. And I just -- one of the threats we get from time to time when we have controversial issues or disagreements with state agencies is if you don't do this, you could lose all your state funding. And I wonder, how much do we get, and, you know, then how much does it cost us in order to keep doing what we do so that we don't lose our state funding, and what the balancing act there is. And I suspect we do better than we would if we didn't participate. But it might be an interesting scenario to be able to get at least some surface level figures on that. COMMISSIONER NORRIS: You're saying that if we don't put sea turtle approved sand on our beach, what's the consequences? COMMISSIONER CONSTANTINE: That wasn't exactly how I was wording it, but sure. CHAIRPERSON MAC'KIE: Well, because - - and your question is, what are the financial consequences, not the permitting consequences, et cetera, et cetera. COMMISSIONER CONSTANTINE: Right, but a lot of the times that permitting seems to -- that threat is always there; we'll pull some funding if you don't do XYZ permit or if you don't do it in our manner or comply with XYZ paperwork. Page 90 --.-" --- .-----.'.-----.--..--.--..,-------- January 12, 1999 COMMISSIONER CARTER: Has this group done a study on the value of outsourcing versus adding to and maintaining things in-house? Is this something that's already been done and has been a part of the process? CHAIRPERSON MAC'KIE: It wasn't in the last year when I was on the committee. And except to the extent that an item that I'd like to see on here was there was some discussion about reviewing the effectiveness of the capital projects, OCPM department, as it had -- as it was intention -- originally formed to do things in-house instead of through consultants and outsourcing. Has it -- has it been successful in that regard or is there some way to streamline that process? I just hear a lot about the OCPM process generally and that it could use some serious improvements and it relates to that outsourcing question. COMMISSIONER CONSTANTINE: Longer term. I actually served on the productivity committee about ten years ago, and we did a little bit then. And then I think in around '92 or three, or somewhere in there, there was a look, at the time it was from the other angle, because we were doing very little in-house, and it was okay, where is it appropriate to do more things in-house, because are we losing some productivity, are we spending money we don't need to. I don't believe, since that time, that we've done a full scale look at, okay, what's the balance, in or out. CHAIRPERSON MAC'KIE: So it might be time. COMMISSIONER CARTER: It might be time to revisit that one and see how we're doing. MR. FERNANDEZ: Madam Chair? CHAIRPERSON MAC'KIE: Yes, sir. MR. FERNANDEZ: I believe that the productivity committee has looked at that question with respect to specific program areas from time to time. I don't know that I'm familiar with one where they've done a blanket look at the question of outsourcing versus in-house with everything that we do, if that's the intent of your comment. COMMISSIONER CARTER: Yeah, I guess I'm going pretty broad based on that, Bob, but I'm thinking that there may be some areas that lend itself more to outsourcing than others. And, you know, have we done an assessment of this to find out what are the areas where we should focus and take a review of that and say, as Commissioner Constantine and Mac'Kie have said, do we have a balance here. COMMISSIONER NORRIS: Actually, we had a related conversation this morning concerning the advisability of going consultants or in- house. That's the same thing. And of course the argument, as Mr. Fernandez pointed out, I agree with, there's pros and cons on going either way. And I don't -- from what I've seen here in the six years I've been here, I don't think you can make a hard and fast rule, because each case is going to be a little different. I think you're going to always need to look at each of these cases on their own merits. CHAIRPERSON MAC'KIE: Mr. Smykowski, you have something to add? MR. SMYKOWSKI: Yes. Thank you. For the record, Michael Smykowski, OMB director. Page 91 . ~--~- ._-_...- January 12, 1999 As Mr. Fernandez indicated, these have been addressed typically on a case-by-case basis, and Commissioner Carter had asked the question related to, you know, what -- how broad of a brush have we taken at this, in essence. And I think there was a privatization task force at one point, which was disbanded. I think what we found is most of the core services that lend themselves to privatization, the county has long since taken advantage of. Things like your janitorial contract, as far as I can remember, has been privatized. In recent memory, the transition where Waste Management assumed operations at your landfills. Those are types of core government services that traditionally have been looked at in terms of privatization versus conducting that business in-house and the county is kind of a leader in that field, actually, in Florida. Skip Camp has a laundry list a couple of pages long of various services that are in fact contracted out now that used to be done with additional staff members and facilities management. And so I think that's something we evaluate on a case-by-case basis as issues crop up, especially as they relate to new programs or services. Do they -- would they be better served by providing that with county staff, or is the private sector a better alternative. CHAIRPERSON MAC'KIE: I personally would have a fear of looking at the question generally, but would have a real interest in looking at it specifically. And the place where I'd love to start is with OCPM, about whether or not, you know, utilities might should come after that. But if we offer them the task of, you know, too broad a job, I think it would be hard for them to handle. Yes, ma'am? COMMISSIONER BERRY: When I was with the school system, privatization was a big -- big ticket item. And we decided to do some of the ground maintenance and privatize that particular area. It all sounds good, it plays well. The pUblic seems to think that's just the ticket until they start looking at what the end result is. And you find your grounds maybe don't look quite as nice as they used to, because there really is no pride from the individuals who maintain those particular areas. It merely is a job for them. You may get a good rate, but the overall product isn't exactly what you would like to see. I think on a limited basis, and maybe picking and choosing some areas to maybe just take a look at probably wouldn't hurt anything any, but that's after looking and seeing what Mr. Camp has, you know, pursued in the past and what the results were from that. But sometimes writing an RFP for these services, you can limit yourself and get something that you're not going to be real pleased with. Plays well to the public. They -- sometimes they love it. But reality is that it's - - it doesn't always end up being exactly what you're looking for. CHAIRPERSON MAC'KIE: Yeah. Neil Dorrill used to say, every time this issue would come up is, I can do it cheaper if you don't care about the quality. I'll do it cheaper tomorrow, but - - COMMISSIONER BERRY: That's right. Sure. Page 92 _ '>,_______...__..__,._..._ _ H - ,....- January 12, 1999 CHAIRPERSON MAC'KIE: -- you know, I don't - - I'm sure that's not what Commissioner Carter has in mind. Okay. So what have we gotten here so far as far as the board's projects we'd like to see productivity committee? COMMISSIONER NORRIS: I think Mr. Fernandez's list is going to keep the committee busy for quite some time, but why don't we discuss whether we want to put your suggestion of OCPM analysis at the top of the list and just go forward with the list as presented. CHAIRPERSON MAC'KIE: I'd like to do that, although -- COMMISSIONER CONSTANTINE: Is there no interest in my suggestion? CHAIRPERSON MAC'KIE: What was -- would you say it again? COMMISSIONER CONSTANTINE: Kind of an analysis of other governmental funding that comes to us and what the impacts and requirements are, how that washes out. CHAIRPERSON MAC'KIE: How hard would that be for you just to give us, Mr. Smykowski? Is that something you already could punch a few buttons and print out? MR. SMYKOWSKI: That's the fatal flaw in the logic. There's many a magic button that is alluded to, but whether or not they really exist is another matter. Actually, though, we could probably run some reports just out of the financial system in terms of like state grants, some of -- you know, some of the core governmental revenue sources are things like sales tax. Obviously, those we can get at fairly readily. COMMISSIONER CONSTANTINE: Can you equally, with equal ease, can you pull up required expenditures, things that, in order to comply with these different hurdles the state and federal government puts up, we have to spend money on? CHAIRPERSON MAC'KIE: Those unfunded mandates that are illegal? MR. FERNANDEZ: Madam Chairman, I would think that's a little more difficult to do, because in some cases, they're direct, and it's easy for us to make an analysis of whether it's cost effective to go after this money. In other cases, it's very indirect, and even pretty subtle sometimes. And the state revenue sharing money is a good example of that, where if we don't adhere to XYZ requirement, we suffer the loss of that revenue sharing money, and that's the kind of stick that the state has held over us for years. Alternatively, something like community development BLOC grant, we have to maintain a housing assistance plan including affordable housing and so forth. Those things can be calculated, and that's a little easier to tell. COMMISSIONER CONSTANTINE: And the other really is of more concern, because those ones that - - the BLOC grant, you have to adhere to certain rules if you want to use it. It's pretty black and white, but those things where we are having a stick held over our head, I think we ought to be able to answer those questions. And I doubt that we'd come out on the other end saying, boy, we're better off if we just don't participate. I doubt that will happen, but it might put it in perspective and who knows, perhaps it comes out that way. Page 93 ^_''-__N.'__ _ __ _ "'_.__,,~._.___...u.___. January 12, 1999 COMMISSIONER CARTER: I'd like to see a matrix on that. CHAIRPERSON MAC'KIE: I agree. I'd like to, whether -- if staff can produce it, great. But even if they can, how nice to have the productivity committee look it over and give us their thoughts on it. So, so far I hear, let's add those two things at the top of this list. Any others, or anything you'd like to see taken off the list? MR. VINCENT: Madam Chair? CHAIRPERSON MAC'KIE: Yes, sir. MR. VINCENT: For the record, my name is Gary vincent from the office of Management and Budget, and staff liaison to the productivity committee. The review of OCPM is a project that was on the productivity committee's agenda last year. However, it was put on hold because of the county administrator's reorganization, and they wanted to wait at least a year before taking a look at OCPM. CHAIRPERSON MAC'KIE: A year from? COMMISSIONER CONSTANTINE: From -- MR. FERNANDEZ: I guess from the time of the reorganization. CHAIRPERSON MAC'KIE: Well, it does make sense, and I guess if they don't want to do it, we certainly don't want to ask them to do a jOb they don't want to do. COMMISSIONER NORRIS: When will the year expire again? MR. VINCENT: I believe the reorganization took effect in July of last year; is that correct? COMMISSIONER NORRIS: We could put it on the '99 list for them to do, but they don't get around to doing it till later. CHAIRPERSON MAC'KIE: I like that idea. COMMISSIONER NORRIS: We could phase it in later. CHAIRPERSON MAC'KIE: Okay. Is today the appropriate time to talk about the board's representative to the productivity committee? Because I know they have been -- they want a real active board participant, and frankly, they are such a good, qualified committee, that they really deserve to have that level of participation, both from a board member and also Mr. Fernandez to be there, and I would encourage even the clerk's auditor, all of those - - that kind of - - that level of participation. COMMISSIONER NORRIS: Well, Commissioner Carter has shown an interest in this subject today. Perhaps he would like to take that slot. COMMISSIONER CARTER: Well, I -- yeah, I'll volunteer to do that. I don't know how often you meet. Maybe I shouldn't, but I will volunteer to do that. MR. VINCENT: The productivity committee meets every third Wednesday at four p.m. COMMISSIONER CONSTANTINE: I would suggest we want to be a little careful, though. I think the county administrator and the auditor and all those folks should be available to them. But when I served on the productivity committee, one of the fresh things was working with staff, but having the ability to say what you felt freely amongst Page 94 ---~----,- January 12, 1999 yourselves and kind of iron all that out before you went to the administration or to the board. And I think it's been very helpful to have yourself and Commissioner Hancock and others participate, so I think the participation of a commissioner is important, but if we fill the room with half a dozen county people, I think it loses some of that spontaneity or some of that fresh feel that we're looking for. CHAIRPERSON MAC'KIE: I agree, and I really misspoke, because what I think the productivity had asked of Mr. Fernandez was, the committee meets in his board room. And if he could schedule his - - make his schedule so that he was in the office during those meetings if they had a question or had some need to communicate him -- communicate with him, that he was available, and that - - I think they also asked that he came in at the beginning of each meeting, but that should be up to the committee. But I'd like to nominate then Commissioner Carter to serve as our representative to the productivity committee. COMMISSIONER BERRY: I'll second it. CHAIRPERSON MAC'KIE: All in favor say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Thank you for your willingness to serve. Do we have any other -- have we clarified that projects list? MR. FERNANDEZ: I think so. CHAIRPERSON MAC'KIE: Sufficient direction for you guys? MR. FERNANDEZ: Yes, if there are no other additions, we have direction. CHAIRPERSON MAC'KIE: Okay. MR. FERNANDEZ: Thank you. Item #9A RECOMMENDATION FOR THE BOARD TO CONSIDER A SETTLEMENT PROPOSAL IN CRUZ V. COLLIER COUNTY, CASE NO. 98-0040-CA-01.-TB, NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA AND DIRECTION TO THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT IN RESPONDING TO THIS SETTLEMENT PROPOSAL - SETTLEMENT OF $40,000.00 AND RECLASSIFICATION APPROVED CHAIRPERSON MAC'KIE: So we can go to item 9(A), which is the settlement of Maria Cruz lawsuit against the county, proposed settlement. MR. PETTIT: Good afternoon, Commissioners. For the record, Mike Pettit here from the office of the county attorney. I'm an assistant county attorney. And we've brought three lawsuits for you to consider today. Let me pass the Cruz lawsuit first and point out a correction in the executive summary relating to the Richman lawsuit. On the second page of that summary, I have quoted, and I'll take responsibility for Page 95 -- January 12, 1999 this mistake, because I wrote it. I quoted a section of our code of ordinances, and I left out an important word in the quotation. It says, county commissioners shall direct or request. What it should say is county commissioners shall not direct or request the appointment -- any appointment or person to or his removal from office by the county administrator, and when we get to that case, I'll make mention of why that's significant there. The first case is the Cruz versus Collier County case. It's a case of sexual harassment. And we have described it, I think, adequately in the executive summary. Based on Ms. Cruz's current settlement proposal, which is to settle this case for a payment of $45,000, and also to agree to a reclassification to a more appropriate title of a code enforcement investigator. This is the proposal we bring forth to you. We have looked at that proposal and the risk management director and our office and myself would recommend that we consider and that you consider a counter in the amount of $40,000 with the reclassification proposal. CHAIRPERSON MAC'KIE: Is there discussion on the board? COMMISSIONER NORRIS: Yeah, Mr. Pettit, you recall that you and I discussed this matter in my office and there was one other condition that I wanted to apply to that. Have you thought any more about that? MR. PETTIT: The only -- that issue, Commissioner, would be the questions of her continued employment with the county? COMMISSIONER NORRIS: Right. MR. PETTIT: At this time, that has not been discussed with her counsel. It was discussed -- there was some discussion to that effect early on. My best estimate would be that the cost of taking a proposal down that road would certainly be that it would cost a great deal more to settle the case. COMMISSIONER NORRIS: Nonetheless, I just philosophically can't bring myself to leave an employee on staff after the events that have transpired in this entire case. I can't support any kind of settlement that leaves her in place. CHAIRPERSON MAC'KIE: I have to just jump in quickly and say I couldn't disagree more with that, because when an employee allegedly has encountered a sexual harassment problem on the job, we don't want to send a message that you won't be able to keep your job if you bring that lawsuit against the county. And I understand we're not going to admit to anything here, and so I'm trying to be careful, Mr. Pettit, and stop me, but I certainly don't want to include in a settlement a requirement that she no longer be employed. As I understand it, she's a good employee, she gets good reviews and does a good job. MR. PETTIT: At this point in time, and as I said, that hasn't really been subject to negotiation. Her status here, she's in good standing. I'm not aware of any request or indication by her that she would like to leave. And this would, of course, get into the issue of the position of the administrator, and frankly, I haven't discussed this issue with Mr. Fernandez. I've only discussed it with Mr. Page 96 January 12, 1999 Cautero, who's the head of the department or the division that she works in. And at this point in time, he has no reason for her to leave. That's my indication. COMMISSIONER CARTER: What is her current salary, and if she's reclassified, what's the top of her range? MR. PETTIT: These are going to be approximations, and I could get you something more exact. Her current salary is in the neighborhood of $33,000, maybe 34. And my understanding is that the reclassification would change her range, which is now topped out around $40,000, to around $36,000. COMMISSIONER CONSTANTINE: Taking into consideration all of the facts of the case, because it's an unfortunate situation for everyone involved. It's been a long process to get where we are now, and while on principle, I share some of the concerns that Commissioner Norris has expressed, I think if you go through all the facts and all the - - everything that's been presented, anyway, it's probably in the best interest of the county and in the best interest of Ms. Cruz to go ahead with that $40,000 agreement. So I'm going to agree with the Chair that that's probably the direction to go. MR. PETTIT: And let me - - let me just make one clarification, Commissioner Constantine, that is that, at this point, we're $5,000 apart when we make that recommendation. COMMISSIONER CONSTANTINE: I understand that, thank you. CHAIRPERSON MAC'KIE: Is that a motion? COMMISSIONER CONSTANTINE: I'll make that motion. COMMISSIONER CARTER: I'll second it. CHAIRPERSON MAC'KIE: Is there any further discussion? All in favor, say aye. Aye. COMMISSIONER BERRY: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRPERSON MAC'KIE: Opposed? COMMISSIONER NORRIS: Aye. CHAIRPERSON MAC'KIE: The motion passes four to one. Page 97 JAN 1 2 1999 This Settlement Agreement and Mutual Release ("Agreement and Release") is entered into and made on- this /,2.. day of 'ifebM&iZ ' 1999 by and between Maria E. Cruz (HCruz") and Collier County (the "County"), a political subdivision of the State of Florida, with respect to Case No. 98-0040-CA-01-TB, filed in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, as well as all claims or controversies between Cruz and the County or its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties or assigns that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Cruz's employment with the County through the date of execution of this Agreement and Release. . ~ ~. WIT N E SSE T H: WHEREAS, Cruz has filed an action against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, and that action is styled Maria E. Cruz v. Collier County, et al., Case No. 98-0040-CA-01-TB (hereafter referred to as the "Lawsuit"); WHEREAS, Cruz has alleged various claims against the County in the Lawsuit and the County has filed an answer and affi rmative defenses; WHEREAS, Cruz and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Cruz in the Lawsuit, including but not limited to all claims for compensatory damages and attorney's fees and costs, and also desire to resolve fully and finally any and all claims, whether known or unknown, that relate in any way to or arise directly or indirectly from Cruz's employment with the County through the date of the execution of this Agreement and Release; 1 --.--.-.-.....-- . JAN 1 2 1999 WHEREAS, Cruz and the County desire to reduce their compromise of the lawsuit and all claims that could have been asserted in the lawsuit or that relate in any way to or arise directly or indirectly f~om Cruz's employment with the County through the date of the execution of this Agreement and Release to a writing so that it may be binding upon Cruz and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, agents, representatives, attorneys, insurers, sureties; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement anc~ Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Cruz and the County mutually agree to the following: 1. Cruz and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees to pay Cruz the sum of Forty Thousand and No Hundred Dollars ($40,000.00) in full satisfaction of all claims Cruz has made or could have made in the lawsuit or that relate in any way to or arise directly or indirectly from Cruz's employment with the County through the date of execution of this Agreement and Release. 3. The payment to Cruz referred to in Paragraph 2 of this Agreement and Release includes all amounts allegedly due to Cruz from the County for any reason whatsoever including, but not limited to compensatory damages, costs, taxes, expenses, attorney's fees and equitable relief that Cruz has claimed or could have claimed in the lawsuit or that relate in any way to or arise directly or indirectly from Cruz's employment with the County. 4. Cruz agrees to assist her attorneys in preparing and filing a Stipulated Notice of Dismissal with Prejudice in the lawsuit and also agrees that such a Notice shall be filed immediately upon receipt of the payment referenced in Paragraph 2 of this Agreement and Release. 5. In further consideration of the payment referred to in Paragraph 2 of this Agreement and Release as well as the other benefits she is receiving hereunder, Cruz agrees that her employment classification shall be changed from License Compl iance 2 .- ----..- JAN 1 2 1999 Officer to Code Enforcement Investigator and that her salary range, duties and benefits shall be those of a Code Enforcement Investigator. 6. Cruz represents and warrants to the County that she has not filed any other - charge, lawsuit, claim or any other action against the County or any entity or natural person that is or has been associated with, controlled by or under common control with/of the County except for her claim against Richard R. Clark. 7. Except for any claim to enforce the terms and conditions of this Agreement and Release, Cruz, on behalf of herself and any and all heirs, executors, administrators, legal representatives, attorneys and assigns, shall and hereby does fully and finally unconditionally, release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, . covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable and whether known or unknown which Cruz has asserted in the Lawsuit, had, or now has or may have against the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, arising out of or relating in any way to the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that relate in anyw~y to or arise directly or indirectly from Cruz's employment or application for employment with the County, up to the time of execution of this Agreement and Release, including but not limited to, claims in any way pertaining to a claim of discrimination or retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employment Retirement Income Security Act of 1974, the Florida Civil Rights Act, the U. S. Constitution, the Florida Constitution, or under any other federal, state or local statute or act, ordinance, regulation custom, rule, or policy, or any cause of action in contract or tort, including any intentional tort, or any instruments, agreements or documents entered into by, between, or among the County or Cruz. 3 JAN 1 2 1999 8. Cruz agrees to indemnify, defend, and to hold harmless the County from and against (i) any and all liability, claims (whether pending or threatened and whether judicial, administrative or otherwise), costs, causes of action, demands and expenses arising out of - or based on any breach of this Agreement and Release by Cruz or on account of any representations or warranties made by Cruz herein which are later found to be false; and (ij) Cruz also agrees to indemnify, defend and to hold harmless the County against any tax liability, including but not limited to income tax, social security tax, penalties and interest, in the event that it is ever determined that the payment made by the County constitutes taxable income to Cruz. In this latter regard, Cruz acknowledges and agrees upon advice from her counsel that any tax liabilities including but not limited to income tax, social security tax, penalties and interest associated with the payment of any monies to Cruz under this settlement are solely her responsibility. 9. Except for any claim to enforce the terms and conditions of this Agreement and Release, including without limitation any claims for indemnification, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Cruz, her attorneys, agents, successors, insurers, sureties, predecessors, heirs and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had or now has against Cruz arising directly or indirectly out of or relating in any way to Cruz's employment or application for employment with the County or any claim or allegation that Cruz has asserted or could have asserted in the Lawsuit. 10. Cruz and the County agree to waive the right to seek payment of attorney's fees or costs incurred in the Lawsuit beyond those fees and costs included in the payment to be made by the County in accordance with Paragraph 2 of this Agreement and Release. 11. Cruz represents and warrants to the County that she is authorized to enter into and that she has the authority to perform the terms of this ~greement and Release and that she has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims she has released and discharged in this Agreement and Release. 4 ~___.._u JAN 1 2 1999 12. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that it - has violated any law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to Cruz under federal, state or local law, policy or practice, with respect to Cruz's employment, or in any other matter, or that any of Cruz's claims have any merit whatsoever. The County explicitly denies any such wrongdoing. 13. This Agreement and Release shall be governed by the laws of the State of Florida. 14. This Agreement and Release is freely and voluntarily executed by Cruz and the County after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, Cruz and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Cruz and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted or was intended to benefit from the ambiguous language. 15. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 16. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 17. In the event of an alleged breach of this Agreement and Release, Cruz and the County hereby agree that all underlying causes of action or claims of Cruz and the County have been extinguished by this Agreement and Release and that the sole remedy 5 ._-~_. JAN 1 2 1999 for breach of this Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Cruz and the County further agree that the sole venue for any such action shall be the Twentieth Judicial Circuit in and for Collier County, Florida in - Naples, Florida. 18. The parties hereto agree that this Agreement and Release supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Cruz and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 19. This Agreement and Release may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute on and the same instrument. 20. Except as expressly provided for herein, Cruz and the County represent and warrant that in executing this Agreement and Release, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their representatives with regard to the subject matter, basis or effect of this Agreement and Release. 21. Cruz and the County acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. 22. The County agrees that, consistent with the Florida Public Records Law, it shall store all records concerning Cruz (other than her personnel files as maintained in the County's Human Resources and Code Enforcement Departments) with the litigation files in the Lawsuit. The County and Cruz further agree that any inquiries directed to the County regarding Cruz's employment shall be directed to the Human Resources Department or any subsequently designated Department for handling inquiries of past or present employment and that such inquiries shall be answered with affirmation that Cruz works or worked for the County, and the periods of employment and positions held. 6 _~__n.__ . JAN 1 2 1999 I N WITNESS WHEREOF, Cruz and the County having executed this Agreement and Release, which consists of 8 pages, on the dates set forth below next to their respective signatures and a~ sworn to and acknowledged by Employee. DATED::)*. &.fO",y/::z..II,,? BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA ~ ':$ . --.~ '. OWJGH:r.;f: BROCK, Clerk .. .' 01(/.,_ ~ . . . .., /' .......... . . l -i- ." ;: .~. :4y: ?~~-~...jl(P.e By:,i PAMELA S. MAC'KIE, Chairwo '~'- Atte;t'as 'to'~li"'.1 ':~S1gn4ture, on11_ Date: ~..~ /;J..J I J?, .' :.~. ~ .\ . \ ~ I / " Jlt;(& Date: /)A~ 7 JAN 1 2 1999 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN MARIA E. CRUZ AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Maria E. Cruz before me this \ ~ {~ day of r ~(lA~r<t-, 1999. Personally Known X or Produced Identification - :JtAd ,'th w). Pu~ Type of Identification Produced Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: OFFICIAL NarARYSEAL JUDITH M PUIG NarARYPUBucsrATE OF FLORIDA COMMJS5l0N NO. CC161218 MY COMMISSION EXP. AUG. 14.2002 . legal sufficiency: ~ j/(I/llf Michael W. Pettit Assistant County Attorney h:lit\Cruz-Settlement Agree&Mutual Rel-MWP 8 ~'-~-'-'"-"--"-"--'-- -- ~.~--'------,._. January 12, 1999 Item #9B RECOMMENDATION THAT THE BOARD CONSIDER BUT REJECT SETTLEMENT PROPOSAL FROM PLAINTIFF ROBERT P. RICHMAN IN THE LAWSUIT STYLED ROBERT P. RICHMAN V. COLLIER COUNTY, CASE NO. 97-419-CIV-FTM-23, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA - SETTLEMENT REJECTED, CASE TO GO TO TRIAL Then item 9 (B) , the Richman case. MR. PETTIT: In this case, again, I think we've set forth relatively clearly the status of the case and the potential cost issues. There have been a couple of changes, though, since the executive summary was submitted. I made the correction already. At one point in time, one of the things that Mr. Richman was interested in in a settlement package was to return. He has withdrawn that request in light of the position that the staff and our office has taken and the recommendation we've made here. He also has lowered his settlement demand officially from the $265,000, approximately, to $33,500. He has asked, though, that he been permitted to make some kind of response to one of the incidents that appears in his personnel file in this case. Basically, it would be a statement. His position is that he did not falsify his time card, that at worst, it was a mistake on his part. He wants to make that clarification in his record. Again, risk management and I have reviewed this, and I've also reviewed -- as you know, there are a number of individual county employees that have been sued by Mr. Richman. At this point, we are not prepared to recommend that you settle for 33,500. We have an alternative figure. The 27,500 that we did recommend initially, plus an additional $1,074.04, which would make a total settlement package of 28,574.04. I think that's where we are prepared to recommend to the board. We also considered the issue of the statement, and we don't have any problem with that. COMMISSIONER CONSTANTINE: This thing would come in the form of a written statement to be put into his file? MR. PETTIT: Correct. He would have -- generally speaking, many county employees have their human resources file, which I think some people may be accurately refer to as the official human resource file, but most departments also keep a personnel file. That statement would go in both of those files. Initially, he was looking to have the references to falsification removed, and I pointed out to he and his counsel that that would violate the public records law. We can't do that. So this is an alternative. CHAIRPERSON MAC'KIE: This would be his statement that he disagrees with the allegation that he - - MR. PETTIT: with that one particular incident of discipline, yes. Page 98 "-_..-_.- ~"---~"' -- January 12, 1999 CHAIRPERSON MAC'KIE: But it would be his statement, not the county's statement? MR. PETTIT: Correct. And our -- certainly one of the provisions, and this is pretty much standard, but it was also especially true given that we have individuals sued here, as we certainly would have a provision in the settlement admitting no liability or fault. CHAIRPERSON MAC'KIE: Of course. Discussion? COMMISSIONER NORRIS: Mr. Pettit, what is your confidence level that we would prevail in this case in court? MR. PETTIT: In all candor, I would have to say that I have -- believe we have a reasonably solid case. COMMISSIONER CONSTANTINE: How much would we expend doing that? MR. PETTIT: That, to some degree, is contingent on where the case is tried. Because it's in Federal Court, it's going to cost more money, in any event. Right now, we are on a docket in Tampa. Conceivably, we could enter into an agreement with Mr. Richman's counsel, which of course would be to his benefit, I believe, too, to have a Federal magistrate act as the judge in the case in Fort Myers. Given that the case is likely to take four or five days to try, that would greatly reduce the cost that we'd be looking at. I think we have to look at also the cost of the depositions that will have to be transcribed. There's of course an intangible cost of the number of county employees that will be sitting through the trial. What I would say is this, that the figure that we have come up with for settlement, we think, is in the middle range of the likely cost, middle to -- perhaps a little bit on the high side of cost. I'm looking straightforward. I don't think that a settlement above that figure, and I've looked at this and struggled with this, would be appropriate, but I think we're about right where we could go and say that it was a cost of defense suit. COMMISSIONER CARTER: But we should take this to a magistrate in Fort Myers? MR. PETTIT: with Mr. Richman's counsel's agreement. CHAIRPERSON MAC'KIE: And he's from Fort Myers? MR. PETTIT: He's from Collier County. CHAIRPERSON MAC'KIE: He's from Collier County, so it would be cheaper for him too to try it in Fort Myers? MR. PETTIT: It would be cheaper for him to try it in Fort Myers. CHAIRPERSON MAC'KIE: It would be? MR. PETTIT: I would presume, because he has the same difficulty, he's got to get witnesses out of town. COMMISSIONER CARTER: So, my feeling on this, I would like to take this guy to court. He has a history, not only with this county, but with FP&L and I don't like these histories. To me, and I've said it before, it's a legalized extortion, what's being proposed here. I want to take him to court. I would like to send a message that you can't work for Collier County and then do and have this kind of Page 99 .....---- January 12, 1999 behavior and expect us to pay you off. And I know it will probably cost us more money to go to court, but if we have a very strong case here, I personally would like to see us try to send the message that we just are not going to set ourselves up for this kind of behavior. COMMISSIONER CONSTANTINE: Anytime we go to court, Mr. Pettit, we run the risk of losing, don't we? MR. PETTIT: Correct. COMMISSIONER CONSTANTINE: I guess that's what it boils down to, is I don't want to spend more money, even if we win, but you always run that risk of having some damages as well. And we can spend roughly the same amount of money and be done with it today, tomorrow. I don't like that from a personal standpoint any more than you do, but I just think from a strictly business and dollars and cents standpoint, I've got to lean in that direction. CHAIRPERSON MAC'KIE: There is also the discouraging future litigation if we show that we fight them. And I know we did that a couple of times on some cracks in the sidewalk or some kind of cases that came up. And frankly, I'd support taking this one to court, too. COMMISSIONER BERRY: I think we're continuing to send a message that there's money here. You know, if you can come up with something, why, they're going to choose to settle it out of court. And I agree, Tim, overall, with what you're saying, that sometimes you end up spending more to prove the point, but I'm not so sure recently -- or if we're not due again for a time to prove a point for anything in the future, not necessarily in this particular situation, but to try and curb some of this future kind of things that can happen. It just seems like everybody is taking the attitude these days, I'm not sure if it's just Collier County or it's in other areas as well, that sometimes it's just cheaper to settle. And instead of proving, you know, right or wrong, we're just saying, hey, it's costing too much and so we're just going to go ahead and settle the case. And if Mr. Pettit thinks we've got a fairly good situation here, at least reasonable, let's put it that way, then maybe this is one that we need to -- MR. PETTIT: My only response to that is that it's difficult to ask an advocate to say what's their evaluation of the case. Because as an advocate -- COMMISSIONER BERRY: Sure. MR. PETTIT: -- I feel confident about our case. But by the same token, one of the reasons we brought this settlement forward, proposal forward -- obviously we don't even have a settlement, because Mr. Richman, although I have indications he would accept this, it has not -- it is not a number he's proposed. It's different than what he's proposed, is that we also have a number of individuals who have been sued here. And at this point, the Federal court recently entered a ruling, and while we were successful in having some of his claims dismissed, claims still exist against both the county and all the Page 100 ,..-.-- "._-,._-_.,-~--~' _._--- .._.._----_._---------,'~- January 12, 1999 individuals, and I think that's one of the things that makes this case somewhat different. COMMISSIONER CONSTANTINE: Those individuals are, I don't mean by name, but are whom? How are they related to this? MR. PETTIT: They are -- I can give you titles. COMMISSIONER CONSTANTINE: County employees? MR. PETTIT: They are county employees. COMMISSIONER CONSTANTINE: And what are we going to have to do if the county takes some consideration then to representing them and defending them? Do we have to hire separate people? Is there more expense involved in that? MR. PETTIT: Well, I will say in this case, our office, and I think this is the exception rather than the rule, and we'll talk about that when we get to the next case we discuss. We have made a determination it was okay to represent these individuals in this particular case. We were not able to identify any likely or potential conflicts early on. And for that reason, the office of the county attorney has provided a defense to date, and I just -- one of the things I want to do today, regardless of where we go with settlement, is to ratify that relationship. So no, this is not a case where as things exist now and the state of the record exists now I anticipate we would be hiring other counsel. CHAIRPERSON MAC'KIE: Can I also point out in his fiscal impact statement there, Mr. Pettit says that should -- no, sorry, wrong one. I've already turned ahead. Let me go back and see what it says. What did you say about his -- yeah, could likely -- if he were to prevail at trial, he could likely get upwards of $250,000. MR. PETTIT: I think that's a homerun figure, but I think that figure has got be taken into account. CHAIRPERSON MAC'KIE: At this point, Mr. Pettit, he's not incurred a lot of expense, though, in bringing this lawsuit, so this has sort of been a freebie, because he hasn't had to do serious discovery at this point. Am I right about that? MR. PETTIT: No. Actually, we are in the throes of discovery now. We-- CHAIRPERSON MAC'KIE: Well, let's just let him spend some more money on that, too. COMMISSIONER NORRIS: Mr. Pettit, if we prevail completely, is there an opportunity to recover our costs from Mr. Richman? CHAIRPERSON MAC'KIE: Make an offer of judgment. MR. PETTIT: My best estimate is -- first of all, let me answer it this way. The civil rights laws which provide an avenue for recovery of attorney's fees treat plaintiffs and defendants differently. Plaintiffs, if they recover anything, have a right to recover attorneys fees. Defendants have to establish that the claim was frivolous or groundless. Chances are, based on the case law I've read, we would have difficulty establishing that, even assuming we prevail. Page 101 -,~"._'- . "---. .___w...._ _...____*~__._.___ January 12, 1999 So I do not anticipate being able to recover our attorney's fees and costs, although that's something we look at in any case like this pretty hard at the end of the day. COMMISSIONER NORRIS: Well, I'm going to make a motion that we do not settle this case, that we go to trial. COMMISSIONER CARTER: I'll second that. CHAIRPERSON MAC'KIE: Any further discussion on the motion? If not, all in favor, say aye. Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER BERRY: Aye. COMMISSIONER CARTER: Aye. CHAIRPERSON MAC'KIE: Opposed, say no. It passes - - COMMISSIONER CONSTANTINE: No. CHAIRPERSON MAC'KIE: I'm sorry? Did you say no? COMMISSIONER CONSTANTINE: Yes, I did say no. CHAIRPERSON MAC'KIE: I'm sorry, it passes four to one. Page 102 -<.'~""'--'- -~-~._-_.- --- --.,._-~,-- January 12, 1999 Item #9C RECOMMENDATION FOR THE BOARD TO WAIVE THE PURCHASING POLICY AND AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT TO SEEK AND RETAIN COUNSEL FOR EACH OF THE COUNTY EMPLOYEES SUED IN KLINGERMAN V. COLLIER COUNTY, CASE NO. 98-492-CIV-FTM-23D, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA AND ALSO GIVE THE OFFICE OF THE COUNTY ATTORNEY AND RISK MANAGEMENT DEPARTMENT DIRECTION IN RESPONDING TO THE PLAINTIFF'S OUTSTANDING SETTLEMENT PROPOSAL - STAFF RECOMMENDATION APPROVED Okay, 9 (C) . MR. PETTIT: The last one is a recent case in which the county has not actually been served with the complaint. It too is in part a sexual harassment case. Involves a current county employee. At this point, we're here for -- the primary reason to get board authorization under our resolution to hire counsel for three individuals who have been sued in this case. At this point, we don't believe our office - - and I've consulted with risk management, that we can -- we've got the kinds of assurances that they're -- about conflicts. And it also has hamstrung us a little bit in our ability to investigate one portion of the claims that have been brought. There is also a settlement proposal that has been made presuit by the plaintiff. Viewed from a pure economic analysis, I think I can honestly say that it would be cheaper to negotiate a settlement at this point than to hire the attorneys. My recommendation in this case, however, is that we hire the attorneys and do some investigation and report back to the board. CHAIRPERSON MAC'KIE: Any discussion on that matter? COMMISSIONER CARTER: This is just kind of an interim step? MR. PETTIT: Well, we have been sued. And so have the individuals. The papers have not been served pursuant to an agreement between me and counsel for the plaintiff. I wanted to have an opportunity to look at it and also determine whether we needed to hire counsel. We've made that determination. How soon plaintiff's counsel will decide they need to serve the lawsuit, I'm not certain. They may hold off and let us do some investigation and report back here and then at that time it might be appropriate to ask the board to formally respond to the settlement offer. COMMISSIONER NORRIS: I'll move staff's recommendation. CHAIRPERSON MAC'KIE: Is there a second? COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Motion and second. All in favor say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five to nothing. MR. PETTIT: Thank you. Page 103 "'.-.,..--.----- --_._-. January 12, 1999 CHAIRPERSON MAC'KIE: Okay, well, let's see. At one twenty something, we're at the end of the morning agenda and have -- do we have any registered speakers for public comment? COMMISSIONER CONSTANTINE: That would be one twenty something central time. CHAIRPERSON MAC'KIE: There you go. Oh sorry, two something. Dang. MR. FERNANDEZ: No speakers. CHAIRPERSON MAC'KIE: Good. Page 104 .."-'~ January 12, 1999 Item #1.2B3 PETITION R-98-6, GEORGE VEGA OF STANLEY, ZELMAN &: HANLON, P.A. , REPRESENTING URSULA THOMPSON, REQUESTING A REZONE FROM RMF-6 TO C-2 FOR PROPERTY AT 2831. BECCA AVENUE, FURTHER DESCRIBED AS LOTS 45 THROUGH 50, REBECCA WEEKS SUBDIVISION, CONSISTING OF 1..02 ACRES MORE OR LESS - TO BE CONTINUED UNTIL SUCH TIME AS THE BAYSHORE REDEVELOPMENT PLAN IS ADOPTED, INCLUDING CODE ENFORCEMENT ISSUES Moving right along to 12(B) (3), because the first couple were continued. We have Mr. Vega here with a Becca Road petition, and staff to make their presentation. I believe this is one where we have to swear all - - anyone who intends to speak or give testimony on this item, should stand, raise their right hand and be sworn by the court reporter. That's you, Mr. Vega, believe it or not. No changes in this forum. (The speakers were sworn.) CHAIRPERSON MAC'KIE: In the disclosure area, I had a brief discussion here, but only with staff. COMMISSIONER NORRIS: I have not discussed this. CHAIRPERSON MAC'KIE: Okay. COMMISSIONER BERRY: No discussion. CHAIRPERSON MAC'KIE: Anybody? MR. BELLOWS: For the record, Ray Bellows. Petitioner is requesting to rezone the subject site from RMF-6 to C-2. As you can see, the project is not within -- located within an activity center. Therefore, it has to be found consistent with the commercial under criteria contained in the Growth Management Plan. Staff's opinion that the site doesn't meet all the criteria of the commercial under criteria unless certain interpretations have been made. These interpretations have been made in the past by the board. However, the one of these that staff feels has never been made is the depth of commercial zoning. As you see, the subject site exceeds the adjacent C-4 commercial zoning outlined in red. Therefore, during the Planning Commission meeting, it was recommended by the Collier County Planning Commission to continue this item until such time as the Bayshore redevelopment plan has been completed. The Bayshore redevelopment plan is a study of in-house commercial uses that allow for personal services, such as a beauty shop. If the Bayshore redevelopment plan, when it's adopted, has those provisions, we could tailor this rezone request to be consistent with that. CHAIRPERSON MAC'KIE: If I could just interrupt to say, that - - it seems to me that is so absolutely the right way to go on this, considering all the work that's already under way in the Bayshore redevelopment area, the fact that they already have their MSTU, they're already taxing, we're coming up on our second meeting for the development of the program. Page 105 ,"-,,- -".. --- --.--- January 12, 1999 Has the petitioner agreed to this, or do they object to this? MR. BELLOWS: During the Planning Commission meeting, they were in support of that recommendation. CHAIRPERSON MAC'KIE: I think it's a wonderful way to address the problem. MR. BELLOWS: I would also like to point out the Collier County Code Enforcement office has an order to correct violations and part of their recommendation is to, one, cease and desist the use, and the other is to obtain the rezone. If we continue the rezoning action and refer it back to Planning commission, staff would like some direction if this use can continue in that interim time. CHAIRPERSON MAC'KIE: Seems to me, just like Mr. Weigel, you and I talked briefly about this, that we have similar situations where code enforcement action is abated pending a final decision, and this could be similar to that. Could we give the code enforcement that kind of instruction? MR. WEIGEL: I think you can, yes. COMMISSIONER BERRY: Do we have any public speakers? CHAIRPERSON MAC'KIE: Have we any public speakers, Mr. Weigel? MR. FERNANDEZ: Mr. Vega is the only one. COMMISSIONER BERRY: If you'll close the pUblic hearing, I'll make a motion. CHAIRPERSON MAC'KIE: Mr. Vega, if you don't mind waiving your right to speak? Thank you, sir. The public hearing is closed. COMMISSIONER BERRY: I would like to make a motion that any decision on this particular petition, which is R-98-6 be withheld until such time as the Bayshore redevelopment plan is completed. COMMISSIONER NORRIS: And that includes code enforcement action? COMMISSIONER BERRY: Yes, it does. COMMISSIONER NORRIS: Second. CHAIRPERSON MAC'KIE: Great. Any discussion on the motion? COMMISSIONER CARTER: What's the timing for the Bayshore plan to come back to us? MR. BELLOWS: six months. COMMISSIONER CARTER: Thank you. CHAIRPERSON MAC'KIE: Any more discussion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five-oh. Thanks, Ray. Item #1.2B4 RESOLUTION 99-71./DEVELOPMENT ORDER 99-1., RE PETITION DOA-98-3, DONALD W. ARNOLD OF WILSON, MILLER, BARTON &: PEEK, INC. , REPRESENTING JOHN B. GOODMAN LIMITED PARTNERSHIP, A MINNESOTA LIMITED PARTNERSHIP, REQUESTING AN AMENDMENT TO THE "BRETONNE PARK" PLANNED UNIT DEVELOPMENT (PUD) , FOR THE PURPOSE OF ELIMINATING COMMERCIAL LAND USES Page 106 -~---_._.._'". ". January 12, 1999 ON COMMERCIALLY DESIGNATED TRACT AND REPLACING THOSE USES WITH AN ASSISTED LIVING FACILITY (ALF) THAT INCLUDES A SKILLED NURSING FACILITY AND OTHER ANCILLARY USES, INCREASING THE BUILDING HEIGHT, AND PROVIDING DEVELOPMENT STANDARDS FOR THE PROPOSED ALF FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF DAVIS BOULEVARD (SR-84) AND EMBASSY WOODS BOULEVARD - ADOPTED And now we have 12(B) (4), which is I don't know how you say it, Bretonne Park PUD? Is that it? MR. BELLOWS: Yes. CHAIRPERSON MAC'KIE: Okay. All persons wishing to be -- to speak on this matter, please rise and raise your right hand and be sworn by the court reporter. (The speakers were sworn.) COMMISSIONER CONSTANTINE: Madam Chairman, in the way of disclosure, I've talked with the petitioner and with neighbors, with friends and a lot of other people in reference to the -- CHAIRPERSON MAC'KIE: Thank you. Mr. Carter? COMMISSIONER CARTER: Talked with the petitioner. CHAIRPERSON MAC'KIE: Ms. Berry? COMMISSIONER BERRY: I talked to the petitioner a long time ago, but not on -- at this particular juncture. COMMISSIONER NORRIS: I've had conversation with the petitioner. CHAIRPERSON MAC'KIE: I may be the only one. I don't think I talked to him. But I don't have any disclosure. MR. BELLOWS: For the record, Ray Bellows. This is a companion item to a PUD amendment that was approved in December to allow for an assisted living facility on a commercial tract B. This item was scheduled to be on the summary agenda as a companion item following in January, meeting the 60-day advertisement requirement. However, a change was made to the title, which forced it to come out to public hearing -- CHAIRPERSON MAC'KIE: Okay. So that seems to me to be a real important point. It's something that would otherwise be on the summary agenda. Is it something that commissioners have allowed discussion about, or would you like to have the public hearing closed? COMMISSIONER CONSTANTINE: Close the public hearing. CHAIRPERSON MAC'KIE: Okay, do we have public speakers? MR. FERNANDEZ: No speakers. CHAIRPERSON MAC'KIE: Okay. Now I'll close the public hearing. Do I have a motion? COMMISSIONER NORRIS: Motion to approve. COMMISSIONER BERRY: Second it. CHAIRPERSON MAC'KIE: Okay. Motion and a second. All in favor say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Okay. It passes five-oh. Page 107 --.----- . - --,.".-- . . JAN 1 2 1999 RESOLUTION NO. 99- 71 DEVELOPMENT ORDER 99- 1 BRETONNE PARK DEVELOPMENT OF REGIONAL IMPACT A RESOLUTION AMENDING DEVELOPMENT ORDER 88-1, FOR THE BRETONNE PARK DEVELOPMENT OF REGIONAL IMPACT ("DRIfI) BY PROVIDING FOR: SECTION ONE TO AMEND PARAGRAPH 4 OF THE FINDINGS OF FACT SECTION TO DELETE THE REFERENCE TO THE COMMERCIAL LAND USE DESIGNATION AND ADD A REFERENCE TO AN ASSISTED LIVING FACILITY/SKILLED NURSING FACILITY WITH ANCILLARY USES, TO AMEND PARAGRAPH 3 OF AN UNTITLED SECTION TO EXTEND THE BUILDOUT DATE, TO REFLECT THE ADDITION OF AN AMENDED MASTER DEVELOPMENT PLAN, AND TO REFLECT THE ADDITION OF THE AMENDMENT TO THE BRETONNE PARK PUD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, adopted Development Order 87-2 (the Development Order) on April 7, 1987, which approved a Development of Regional Impact (DRI) known as Bretonne Park Planned Unit Development in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, the Application for Development Approval (ADA) was superceded by Development Order Number 88-1, on August 23, 1988\, in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, submittal of the proposed changes was made to the \ appropriate public authorities; and WHEREAS, the public notice requirements of Collier County and Section 380.06(10), Florida Statutes, have been satisfied and notice has been given to the State Land Planning Agency, and Southwest Florida Regional Planning Council; and WHEREAS, the Application for Development (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" , attached hereto and incorporated herein; and Words struck through are deleted; words underlined are added. I -1- WHEREAS, the John B. Goodman Limited Partnership JAN 1 2 1999 (the "Developer" or the "Applicant") proposes to develop a 210 unit Assisted Living Facility, 60 bed Skilled Nursing Facility, with ancillary uses, on the 11.5 commercial tract of the Bretonne Park Development of Regional Impact (the "Proposed Development"), constituting a substantial deviation of the existing multi-use Bretonne Park Development of Regional Impact under Chapter 380.06(19), Florida Statutes and requiring an amendment of Collier County Development Order 88-1, as amended. The legal description of the Proposed Development is set forth in Exhibit "B", attached hereto and incorporated herein; and WHEREAS, Wilson, Miller, Barton and Peek, and Ruden, McClosky, Smi th, Shuster & Russell, P.A. , representing the Developer, the John B. Goodman Limited Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council ( SWFRPC) , the State Land Planning Agency and held on December 3, 1998 a public hearing on the petition; and WHEREAS, the Board of County Commissioners of Collier County has held a duly noticed public hearing on the Substantial Deviation Approval and has reviewed and considered the reports of the SWFRPC, the State Land Planning Agency, and the Collier County Planning Commission and the documents received in connection therewith and held a public hearing on Developer's petition on~~~ and WHEREAS, on December 8, 1998, the Collier County Board of County Commission duly adopted Ordinance 93- /J:J , which amended the existing Bretonne Park PUD Document which provides for development of the proposed development; and WHEREAS, the Collier County Board of County Commissioners have reviewed the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public; and Words struck through are deleted; words underlined are added. I I -2- WHEREAS, SWFRPC, the State Land Planning Agency and col~~J 2 1999 County have found that the Proposed Development does not create any additional regional impacts; and WHEREAS, approval of the proposed development necessitates certain amendments to Development Order 88-1. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 4, of the Findings of Fact Section of Development Order 88-1, is hereby amended to read as follows: 4 . The applicant proposes the development of Bretonne Park Planned Unit Development for 333.48 acres which includes: 11.5 acres with a maximum of 130,000 oqu~re feet of commercial, 210 Assisted Living Facility units and 60 Skilled Nursing Facility beds and ancillary facilities. with a maximum floor area ratio (FAR)not to exceed a factor of 0.45, 1,380 dwelling units on 138.7 acres, and approximately 145.4 acres of other uses including parks/open space, eighteen (18) hole golf course, wetland preserve, and lakes. B. Paragraph 3 of an untitled section of Development Order 88-1 is hereby amended to read as follows: 3 . This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within five (5) ye~ro four years and 182 days of the adoption of this ~mended Development Order amendment, development approval will terminate and this aDevelopment eQrder shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of county Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. C. An Amended Master Development Plan dated July, 1998 is attached hereto as Exhibit "C" and by reference is incorporated herein. Words struck through are deleted; words underlined are added. I I -3- C. The Bretonne Park PUD document referred to in JA.N 1 2 1999 Development Order 88-1, is amended by the Amendment to the Bretonne Park PUD Document, Ordinance No. 98 - //~ attached hereto as Exhibit "D" and by reference incorporated herein. SECTION TWO: FINDINGS OF FACT A. The proposed change to the previously approved DRI exceeds one of the criteria listed in Subsection 380.06 (19) (b) , Florida Statutes. B. The applicant submitted to the County, the Regional Planning Council and the State Land Planning Agency Form RPM-BSP-PREAPPINFO-1, said form being entitled "Pre Application Conference Document" and related material, as required by Chapter 380, Florida Statutes, which application was duly adopted by the Southwest Florida Regional Planning Council as the Application for Development Approval. C. The application is in accordance with Section 380.06 (19) . D. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC, the State Land Planning Agency, and Collier County. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, the State Land Planning Agency and the SWFRPC. Words struck through are deleted; words underlined are added. I I -4 - JAN 1 2 1999 F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. No increase in development intensity is authorized by this Development Order 99-~. SECION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order constitute a substantial deviation but do not create any additional regional impacts and do not require further Development of Regional Impact review. B. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. All commitments and impact mitigating actions provided by the applicant within the original Application of Development approval and supplementary documents, the pre- application document for this substantial deviation, or existing permits issued for the development of the project are officially adopted or readopted as the case may be as conditions for approval. Words struck through are deleted; words underlined are added. I i -5- JAN , 2 1999 SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 88-1, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order 99-/ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /~~ day of ~ ' 1999. OF COUNTY COMMISSIONERS COUNTY, FLORIDA , Atte~t fS 1J'toA Una ~an 's s1goature,onl,1e /." -- . ", .,< ~',> '-,:; ~"ATTEST : , ~. ~DWIGHT E. BROCK', Clerk ~ ~ ~.~ '~:; \'" ': i':.;r':_,<"J., .~._' Jf,1 ;~~~f~::~ ~-14n .",Jc, "' " V ~ -, Approved as to Form and Legal Sufficiency ~Tn.~ Marj rie M. S udent Assistant County Attorney g/DOA-98-3 Words struck throu9h are deleted; words underlined are added. I I -6- . . l ,r,~, t ? 1999 " ~ c Legal Description The west 1/2 of Section 5, Township 50 S, Range 26 E, Collier County, Florida, less the north 50 feet for right-of-way of Radio Road (SR S-858) and less the south 75 feet for right-of-way of Davis Boulevard (SR S-856). . . ; .- . .- Exhibit A I 11/13191-49691 Vor. OIl.WAIIHOLD IPL~U:~ Q]~ . . JAW 1 ? __ ~ . - Legal Description Tract "8" Embassy Woods Golf and Country Club at Bretonne Park, Phase One as recorded in Plat Book 17, Pages 47-49 of the Public Records of Collier County Florida. . , , . Exhibit B . I I II I 3m-49697 Vcr. Oll-WAJINOLD PLu...LC~. . - - ......; OJOS~ - . .IAN 1 2 1999 - Ii....f\t~ L.-.al_ ~ . -- - -- - - P.u.a., ,-------- ~.... -----'" , A_a ,,_ BRI.:TDNNE P4RK ........,..R o.IV-.a__NT PI..AN .XH.1IfT H 1_..' ~ U.. BUMMAt.RV "'U' ~.,.. u.. ~..!:.~!. .!~~- ~-, .,.,....."'- to.... J. , . . u.t.... ....r...,.ap." .~..!1 4~ >c... ........ :JISoO 10.. .....-.,., ..... '~..7 ... .. ,..... ..,.. ~4 ............-.-..... --- '"'' ~. ..............,......., Ar.. ... .... ..., c...... .... ,... a............., c:........ - SA -.--- ." .-aT .... -- -.a .!!!!.!.I- .... .-..... . - -11I"'........ ..,.. ......... .. . ......-. ":#I: =--=....~-=- A-' .Co...... .,...... - _......... L __ ..U.a.J - - . ~- ;~C .... <<, c-.,..,. --- I ..... .f-" --..... ~- .......- c____., -... .~ .-- eNe ._ -- ._- ..c... ... .... 1:__ ....... ___ A.......... _ ...,........ .......... .... __ I ........... ... ,..... ....... ___ ~ I'''' '- lA. ......... .....-.. ......... ''-'' ..........-., ........ "'- I ...-. .. ...--- ""'....... - - _. _, 1M ..... 0"_ ~..! ~ __, ___ _ e...4 .....,... ..,.,... .-- -- \1\ ...-T Co III ".u.a. MAaTtl.. ....A.. .......... ...,. .......... .,...-...... .. ........ ..... IJ I ......... ... --. -.... ---. -- . -. ... I -- _---A ...- - ---:.=:.-- ..........-..r:::;:-- -. --- -- .. -..-,-- ..~.~.- r ...,~------.-. .......... ..-,..... -----. _. JAM 1 2 . - . . , '. Ibe fJ.l ?,,J~ 'Dq /0 ; ~<>? 0 ORDINANCE NUMBER 98- 112 ! tPoOi 0.10' c&G7 AN ORDINANCE AMENDING ORDlNANCE NO. 87-15, AS AMENDED, THE BRETONNB PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SUBSECfION 2.3, PROmCT PLAN; AMENDING SUBSECTION 2.5, PLAN APPROVAL REQUIREMENTS; -' AMENDING SUBSECTION 4.2, USES PERMITIED; AMENDING SUBSECTION 4.3 ,,- DEVELOPMENT STANDARDS; AND BY PROVIDING AN EFFECTIVE DATE. .- WHEREAS, on April 7, 1987, the Board of County Commissioners approved Ordinance .- Number 87-15, which established the Bretonne Park Planned Unit Development; and ~ WHEREAS, on August 23, 1988, the Board of County Commissioners approved - '-'",..~~ Ordinance Number 88-67, which amended Ordinance Number 87-15, the Brctonne Park Planned .~ Unit Development; and _ . ;.:;.~1C ..:..... - WHEREAS, on February 28, 1989, tbe Board of County Commissioners approved Ordinance Number 89-10 to correct scriveners errors appearing in Ordinance 88-67; and .- WHEREAS, D. Wayne Arnold of Wilson Miller, Barton & Peek, Inc., representing John .._-. =- B. Goodman Limited Partnership, petitioned the Board of County Commissioners of Collier '.. ,- County, Florida, to amend Ordinance 87-15, as amended, as follows: , '- NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of .z;.o.. - Collier County, Florida that: ,,,.-..';i - SECTION ONE: AMENDMENTS TO PROJECT PLAN SECTION .:-...'" Subsection 2.3, Project Plan, of Ordinance 87-15, as amended, is hereby amended as - '.. follows: .--- 2.3 PROJECT PLAN ..----. A. The Master Development Plan for tbe project is indicated on Exhibit H. and is an integral part of this PUD document. A reduced version of the ..,-.,. Master Development Plan is attached at the rear of this document. - Elements of the Master Development Plan include: . . .~ ---. Land Use AmI -. >10 II) Streets 21.2 r-M Q:) - r-:Y -n Residential Sites 138.7 "'... ~ _:::0 - --1 ('") 7": CSIBIBIfS8 Assisted Uv;na Faci1i~1 11.5 "':r <nfTl - Skilled NursinlJ Facility ~:l': &" j ........... . Lakes 35.0 ,..,-1 -a m . 0 :x - :.:r' ......." Upland Recreation Open Space 48.3 b<n ~ "0 ~~ ...i!~ Wetland Preserve 10.3 2~ (..) 0-1 0'\ .- MaintenancclUtility Area 4.5 .,.., Golf Course 51.8- ...,.. Community Center 12.2 , ~ ~ Total 333.5 .-:;-..:1;. ,- I EXHIBIT "D" -, ........... -- , '-'-10 Vr. OIl.WAIJIllLD Words underlined uc Idditicma; we....ltlfll.k Ibrough are dclctioDl. I .........IoC-.w OlQSIIOIlI.ooo.PlON.UllO JAN 1 2 1999~ ~!. ... · Approximately 13.4 acres of this total to remain in native upland habitat, with selective clearing, filling and exotics removal. Project development shall conform to the approved Master Development ,-.,~........ Plan in general and to the approved Subdivision Construction Plans. Modifications to the approved Master Development Plan of up to 5% shall "" - be pennitted to accommodate changes required by State or Federal pennitting agencies. .-- SECTION TWO: AMENDMENTS TO PLAN APPROVAL REQUIREMENTS SECTION ;:~1 Subsection 2.5, Plan Approval Requirements, of Ordinance 87-15, as amended,is ~.~- hereby amended as follows: ~. --..,; .- 2.5 PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Development Plan indicates the basic nature of development pennitted for the project as a whole, consisting of single family residences ~ on individual lots, low-rise attached and detached residential units of various types, golf courses, lakes, wetlands, and recreational open space, .~.:.;.~ and a aeigaeerfiaeEl sheppiag seater llIl assisted livinw'skilled nursin~ facility. and ancilllllY uses. Recreational buildings and facilities of various kinds may be established in the area indicated on the Master Development Plans as Community Center and RecreationaVOpen Space, either as a part of the initial development improvements or at a subsequent date. Actual development of project infrastructure, residential units, recreational ~ facilities, and the neighborhood shopping center will occur in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans for -..... the project development increments and to detennine if the development . ~.''''';' increments and the detailed development plans comply fully with ....,~..'" commitments established by the P.U.D. document, D.R.I. Development Order, County Zoning Regulations, and all other applicable standards and regulations. ....~- SECTION THREE: AMENDMENTS TO COMMERCIAL DEVELOPMENT ..-.... REGULATIONS SECTION - ~. .. -~ Section 4, Commercial Development Regulations, Subsection 4.2, Uses ..!IW"...... .. Permitted, of Ordinance 87-15, as amended, is hereby amended as follows: \~< 4.2 USESPERMITIED 'S No building or structure, or part thereof, sball be erected, altered, or used, or land ....-~~ used in whole or part, for other than the following: '."--,:' A. Principal Uses: ~:.. 1. A Beighlsetheell eheppiBg 'IRt~ wftiek shall _kula a 1Ml'1f1ft8dilt 18 he ;.-:.~t Majer teaE. The shep,iag eeater may alse iBehule a dnlgstere aM ,~........... smaller retell &heps whiell eft'er a "!Hiety ef eeBMlHler gee lie, fiBeeial iBMiftHie88, effiees eliBies, ,eRleHl sHViee estalsliskmeBle. IllQftEky aed ....... thy ei.-mg, ,est emee, eli S\leB. Mlwl '01888 III are fit8HBine1i lsy the PlllBBiB~eaiBg Difeeter te B8 euetemary ell ap'fepriate iB I ....r .~ BeighBefheetl shep,iBg eeBteRl. , ^'~ , . ..'",".",,' , Words underlined ~ additions; through an: deletions. IIlN9I-44ZIO v.... OIl.WAaNOLD , . , . JAM 1 2 1999 . . . , ," .-;:." ~,~..,:...I . 1. An assisted livinj facility and a skilled nursinj facility. The assisted livina facility shan contain a maximum of210 units and the skilled -.-.....-.... nursinj facility shan contain a ma~imum of 60 beds, and further be subject to the FAR. requirements established in Section 2.6.26 of the Land Development Code. .....- 2. Maintenance/utility site. ...--...;..\,It B. Accessory Uses: ~ 1. Customary accessory uses and structures. .;, ".IIi., ~.'.::';; 2. SigRB as peaBitted1:ly tke Cellier CeUBt;' Zeeg OftIill6Bee i8 -..- effeet at ahe time peanita are reEjliesteEl. The assisted livina facility and skilled nursine facility ml\Y include accessot:Y :.~"i retail/personal service facilities such as sundt:Y shop, eift ~.......,.... shop, hairdresser. dt:Y cleanina. home health care services and other similar uses. . .....~ SECTION FOUR.: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION . -~ Subsection 4.3, Development Standards, of Ordinance 87-15, as amended, is hereoy : ~,.. amended as follows: ~..,..- 4.3 DEVELOPMENT STANDARDS .;~.... ~~ A. Perimeter Setbacks ~__~ :]I 1. That pertieR efthe site whieh a1:llltS a street right sf';'.'&)': ',l..--~ ........ lQ feet t9 tke Re8fElst paved drive er parkiBg spaee; .",,!,"~ 3S feet t9 the Marest pPiMipal sWet'ltre. -." ~~ 2. That perties aftke site ,...fti.eh a1:lllta residetiaUy z0aeElI8:Rss: .p..-.,... 25 feet te tlie Dearest panEl ilri'..e af parkiBg speee; ........... SQ feet te the Dearest pri~eipet stnlebH"e. -- 1. Principal Structures ,,""'~ ,. Front Yard; . ." --, Davis Boulevard so: Embassy Woods Boulevard ?l;' __1.~.... J..:.... --- Side Yard: .:'}'''!-'' Abuttini Utility Site ~ ~ ., 1. Accessoty Structures .-,<., ~..~ Front Yard: "'",;'i Davis Boulevard . so: -, Embassy Woods Boulevard ~ ".,,'"i Side Yard: ~ I .,-~. '...- .-...... , Words underlined are IljditioDS; through arc deletions. .......~ , I_JIOVor. Q\I_WAaNOLD ~.':c~~n:"~ ..__nu ....Un JAM 1 2 19~ , . I , ~"',.' . E. Buildini DesiiJI Guidelines: ...-.... BuildiniS shan feature similar exterior desiiJI elements which are aesthetically compatible to those found within the Bretonne Park P1JD. _-..;...._.t -.. SECTION FOUR: EFFECTNE DATE -- This Ordinance shall become effective upon filing with the Department of State. ..V.;,~" PASSED AND DULY ADOPTED by the Board of County Commissioners of ...~ Collier County, Florida, this J'# day of ~~-~ ,1998. ~'_;",r~~ BOARD OF COUNTY COMMISSIONERS . . ::~=.~ <.' -- B B.BERR C , ,\,1 _' ":'-"" ATTEST:. A~ . :.~., . ~ \/,\;{ 'J.~ '.. I .. ". ",),........ 'h' . :.~';'[)WIciHTh.riRbCK. CLERK ",""'.l"I! ; :......Pt. ,": ~.'I:v.!"-,. ~ :.~ ,t,' :,; " '~'1~',~~,: ~ ..... -~" ~ )r." ., ,. ~'\ ,~, ' . . ::"'~ ~ t~i; ", . ~\\ "1; -~ ,~. ~ .;:.~,~ :~..;;;;~;~~~ A1{(l Attest IS to Chlfraan's .{ ~ ...,:.; -' , -I sfgnature on1.1. '~ ;~.."\~r~\ ;. '~:;'..81'~"" ~,~::. .~. ": ~\1..:,rrf.I'~tiEO. AS TO FORM AND LEGAL SUFFICIENCY: 'l'\' , , I ~.' ."'\., , . l !.. ('. . -:<-, ~. r- ~ :'''f, .~. ,-I . ',~' ~ "'/''''~''' \" . .-;... . Th,s ordinonce fi/'!!cf with tho . . m .~ tLf\~~~: C)~:::: ~;~'i~~. '~11!'. . ~ or.a ad::-,c,.,;.!.. ". .t r.' II".' - ,-- MARJORIE M. STUDENT =;.'~~ 'k,; .- ASSISTANT COLLIER COUNTY ATTORNEY . · . ,~', ~. . . ........-;0 Bretonne Park PUD Amendment OrdinancelDisk A ...~ ~ - .......'!l ~! .' ~.' _.~~ ~~~ ~ "\'~'. ; -... .. - . ,"""" ,..~ .~ 'J~ "'~ I 1 .~~. .. . Words underlined an: add~ons; welda slNllk through arc dclctions. I -.........., . IG/W9I-44ZIO Vr. Oll.WADKlLD fLULlU'~'" . "'--.f<" GlO~OOI.ooo.PZON.U2lO ... -~ JAN 1 2 1999 " - . . - -.--. -- - . . SRETDNN ...... PARK MAA._ DIlv- -<r -I'[..... KJa_1 H '-'_ .. 4J LAIiCI __ __~ "-' ...". ~ . -- . . - ......... ~_...~ .- -...... . . ~ '-.. - . .... ..... -,' . . - -- ---- --- -n.e . -- .~V'~..~ - --' ....... ~ .- . -.. . . -. Tar_ -.. . ~--,... -- --,... ..... ~....... fA - - ~~-~~ -. _. .. . . . . 4; -- . -~- -- -~ .-- -- -- ....- -- --- _a___ ~.. "':"'-.--- -- -..- - ----. ,..-- .. .~ . ----- fa-- a_.. .,...... ....... --.... ........._ 4...-.- . .- I! I." PUNNIN8 seR~lr' -......a. MAIITlIPI -.A . -----.. --........ y ..-. -~'--'-_._. JJI -- l -. . ....- -- --.- -- . .A________ I 2G' ) i . ----------- . P If Ii 8 t) - 1 . . . nOA9S..n " I . " JAN 1 2 1999 '. . '. .~ ". . . , . . ~~.. " '.. , . .- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-112 Which was adopted by the Board of County Commissioners on the 8th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of December, 1998. . t.;.' .~~ ~'~:t,. . 'l.~" ~'-."', :' ~ , ,...~.'" ~,.,'. . . tv"... .." .. - ,~.". . '. .I , .. ." '~l""""'"",, "'O:"'~l:' I .....'1: ....~. ::rr;..... .'0;"'''' 'lo"'''~' ".~ DW. IGHT E. BROCK .::;';~:," ~ 'If,. ,;"~.. "'~;' . . ~. '.' \. iP'~ . CJ.erk ?f Courts an~ff:le~~.., -t. :'," .....~. Ex-off1.cio to Boar~:pf :~. ~ ;btJ:f*. .. ......... · . . "~ ~1t.:af County conmu.ss1.on~r..~ iF"'" ~;~ i'f~~~:.~~.';t' .~ ":,y.l,'" .... "I,~'.""; ~ '- ":~.bt"':2 . '.-'. . ,';"j," . I '~'''.. ~-#...;l; If.fk~'.~';~~~;'~' .." .,~.....,.. ~.... 0\ ~t''': ."'. "',:":.:21~!~~~~"",, .) " By: Ellie Hoffman, :-. ~r~If)11~~,.t~,!t-y Deputy Clerk . ...~f . . f , . . January 12, 1999 Item #12B5 ORDINANCE 99-1., RE PETITION PUD-98-1.5, WILLIAM HOOVER OF HOOVER PLANNING, REPRESENTING JOHN MAURIEL, TRUSTEE, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" AGRICULTURAL TO npUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MAURIEL PUD, LOCATED ON THE EAST SIDE OF C.R. 951. APPROXIMATELY 700 FEET NORTH OF VANDERBILT BEACH ROAD EXTENSION, CONSISTING OF 38.99 ACRES - ADOPTED WITH CHANGES And 12 (B) (5) is the former 17(D), which is a PUD 98-15. I can't remember who asked -- COMMISSIONER NORRIS: I did. I did. I couldn't let Mr. Hoover get away early in the morning. CHAIRPERSON MAC'KIE: That's okay. He charges by the hour. He doesn't mind. COMMISSIONER BERRY: Is that 17 - - CHAIRPERSON MAC'KIE: 17(D) as in dog. COMMISSIONER CONSTANTINE: Mr. Hoover charges? He doesn't do this out of the goodness of his heart? CHAIRPERSON MAC'KIE: I may be wrong. COMMISSIONER NORRIS: Well, I have had no -- nothing to disclose. CHAIRPERSON MAC'KIE: I'm sorry, thank you. COMMISSIONER BERRY: Nor have I. CHAIRPERSON MAC'KIE: Or 1. COMMISSIONER CARTER: 1. CHAIRPERSON MAC'KIE: But persons wishing to be heard should stand and raise their right hand and be sworn by the court reporter. (The speakers were sworn.) COMMISSIONER NORRIS: My question -- I have two, really. TheY're both on page one of our executive summary. Under the first paragraph of considerations it says, the PUD provides for all manner of housing structure types. What does that mean? MR. BADAMTCHIAN: That they are proposing single families, multi families and duplexes - - CHAIRPERSON MAC'KIE: And you'll identify yourself for the record, please. MR. BADAMTCHIAN: I'm sorry, Chahram Badamtchian from planning services staff. They are proposing to build single families and multi families and villas, coach homes. COMMISSIONER NORRIS: Okay. The next sentence is the one that really gives me concern. It says, this PUD will also allow adult living facilities and nursing homes as conditional uses. The proposed access is from County Road 951. Well, you know, in the past several years, we've been pretty strict as a board to not granting blanket approvals for all sorts of uses. We've tried to make petitioners commit to a use. I mean, is it going to be residential or is it going to be ALF. There's a big Page 108 - _.....- ....~~. -,~- January 12, 1999 difference and we'd like to know what it is. For my vote, I would like to have you commit to which one you're going to do. MR. HOOVER: For the record, Bill Hoover, of Hoover Planning, representing the petitioner. Commissioner Norris, if that's your major concern, it would be a conditional use, so it would come back in front of the board. However, if you're having a problem with that particular thing, I'll be happy to take that out of the PUD. COMMISSIONER NORRIS: If you do, I would certainly appreciate it. I don't know about the rest of the board, but it would certainly make me feel more comfortable. CHAIRPERSON MAC'KIE: ALF would come out as a conditional use? MR. HOOVER: We would have to come back in. The difference is we would have to come back in for a PUD amendment, rather than a conditional use, so the whole PUD opens up, rather than just adding -- looking at one issue. CHAIRPERSON MAC'KIE: If that works for you. COMMISSIONER NORRIS: That works for me. COMMISSIONER CARTER: It works for me. CHAIRPERSON MAC'KIE: Okay, any public speakers? MR. FERNANDEZ: None. CHAIRPERSON MAC'KIE: Then we'll close the public hearing. COMMISSIONER NORRIS: And I'll make a motion that we approve petition PUD 98-15 with the condition that the language allowing adult living facilities and nursing homes as conditional use is eliminated. MR. HOOVER: Right. And it's in more than one place in the PUD, so we'll be amending it in probably three or four different places. CHAIRPERSON MAC'KIE: Wherever it appears. COMMISSIONER NORRIS: Wherever it appears, it's eliminated. COMMISSIONER BERRY: I'll second that. CHAIRPERSON MAC'KIE: Okay. Motion and second. All in favor say aye. Opposed? (No response.) CHAIRPERSON MAC'KIEi It passes five to nothing. Item #1.4 COMMUNICATION FROM SHERIFF INDICATING THAT THE EMPLOYEES IN BUILDING "An WILL BE RELOCATED, STAFF TO NEGOTIATE W/SHERIFF RE RELOCATION, TO BE BROUGHT BACK ON JANUARY 26, 1.999 Okay. We're at the end of the agenda for staff communication. Mr. Weigel? MR. WEIGEL: Nothing, thank you. CHAIRPERSON MAC'KIE: Thank you. Mr. Fernandez? MR. FERNANDEZ: Madam Chairman, if I may, I have a very brief Page 109 January 12, 1999 update on building A and our progress on that. CHAIRPERSON MAC'KIE: Please. MR. FERNANDEZ: As you know, the board budgeted, appropriated funds to effect a move from the facility in this fiscal year. We've had some -- we've been working on it for some time trying to arrive at some arrangements that were acceptable to the sheriff. What Mr. Ochs is handing to you involves two memos. The first is dated January the 7th, from the sheriff, indicating his conditional approval of the plan presently being proposed to move his employees out of building A. It would involve the use of the abandoned Luria's building, and also, including a facility on Horseshoe Drive. The proposal is to lease the facilities for a three-year period. The thought is that this will meet the needs of the Sheriff's Department, of the employees that are presently housed in building A, until such time that we can follow through with the implementation of the space plan and build an addition to the current sheriff facility to allow space for these people. The second point is in a separate matter, employees that are -- that had formerly been located in the courthouse had been requested by Judge Hayes to vacate that space, and we're in the process of securing a temporary building that will be used on the campus, a modular building for the temporary housing of those employees. The date for that is June 30th of '99, so that we can house those employees. And those will also be addressed when we build a permanent facility pursuant to the space plan. I believe Mr. Camp is here to offer any additional details if you have questions. COMMISSIONER BERRY: Madam Chairman? CHAIRPERSON MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: In regard to this building A, this is the one that all the flack has been about, and we have decided now that we're going to go with Luria's building, I mean, if the rest of the board concurs, it's your recommendation and Mr. Camp's recommendation that we do that? MR. FERNANDEZ: My recommendation is that we do that. The reason is that it would take probably in excess of $500,000 to make the additional improvements to building A that would be necessary. And that's for a building that's slated to be demolished ultimately anyway. COMMISSIONER BERRY: And what do you think this cost is going to be to get this building up to speed? MR. FERNANDEZ: We're in the process of negotiating that price, because it's driven by the extent to which Luria's would have to be improved, renovated to make the space acceptable to the sheriff. Initially, the feedback was it could not be made acceptable, but - - COMMISSIONER CONSTANTINE: Can I get a detective in electronics, please, can I get a detective in electronics. COMMISSIONER CARTER: What happened to the Horseshoe Drive? MR. FERNANDEZ: Horseshoe Drive is also part of the plan. Page 110 January 12, 1999 There's an existing building on Horseshoe Drive that would require - - it would require about 10,000 square feet for us to fully meet the needs of the sheriff. I think that's making the difference. The first proposal for Luria's was only Luria's, and the sheriff's feeling was that wasn't enough square footage to accommodate them. So this plan now involves Luria's and an additional 10,000 feet, square feet in a building, existing building on Horseshoe Drive. COMMISSIONER BERRY: Was that the Arnold property? COMMISSIONER CARTER: No. That's my question. What happened to that property, build to suit, where we might have had multiple uses after the sheriff? CHAIRPERSON MAC'KIE: In the future. Might not just be throwing our money out the Luria's window, so to speak. MR. CAMP: For the record, Skip Camp, your facilities management director. That particular property would not be available for a long time. If we're interested, and I think we all are, to get the occupants out, if that's the desire, that parcel would not be available for months and months. And at great expense. CHAIRPERSON MAC'KIE: And there's just not an option about whether or not to get those people out. If you guys have heard any of the stories, they're horrific. MR. FERNANDEZ: Of all the options that I discussed with Mr. Camp, this is the most expedient. This is the quickest way to get the people out of the building. And that's why we chose this one. CHAIRPERSON MAC'KIE: And the most cost reasonable? I mean, you know, the best idea is also often the most expensive idea. MR. FERNANDEZ: Well, it will be cheaper to renovate building A, but it doesn't make any sense to renovate the building that we're going to knock down. So we didn't think that was cost effective, and it wouldn't be as timely either. CHAIRPERSON MAC'KIE: And you'll be attentive to whatever I guess tenant improvements we make in Luria's, that they'll be movable where possible? MR. CAMP: Madam Chairman, we think we can do it for less than half of the original proposal if -- and your direction should be to negotiate with the Sheriff's Office that this is a temporary space. Everyone can't have a private office. CHAIRPERSON MAC'KIE: No. MR. CAMP: But I think theY're ready to make those kind of concessions. I think they're willing to work with us, but we need to include that as part of the direction. CHAIRPERSON MAC'KIE: Because I would hope that you would also utilize temporary movable facilities that don't become fixtures, that maybe we use somewhere else, you know, dividers that we can use somewhere else down the road. MR. CAMP: Absolutely. They do have some justifiable things because of the nature of their business, but absolutely, we're ready to negotiate with them on these improvements. CHAIRPERSON MAC'KIE: Mr. Norris? Page 111 January 12, 1999 COMMISSIONER NORRIS: Skip, where are the secure offices for the sheriffs going? Is that going to go up to Horseshoe or out in Luria's? MR. CAMP: He has two types of operations. Two-thirds of the employees will go to Luria's and some of the like perhaps internal affairs or some of those types of functions will go at this Barnett Bank administration building, by the way, is what it's called. They call it Diabetic Services now, but he can also use some of his operations that I don't really want to put on record over there also. CHAIRPERSON MAC'KIE: Of course. COMMISSIONER NORRIS: Okay. CHAIRPERSON MAC'KIE: Okay. So you need anything from us or -- COMMISSIONER CARTER: We really don't have any other options is what you're telling me, this is it. MR. CAMP: We looked at the options. We've been looking at them, Commissioner. I think this is the best way to go. COMMISSIONER CARTER: Okay. I can go with that. MR. FERNANDEZ: We're going to have an executive summary on your January 26th agenda. CHAIRPERSON MAC'KIE: Leo is just circling the dais. COMMISSIONER BERRY: Do you need any further direction from the board? MR. FERNANDEZ: I'll get that on the 26th. COMMISSIONER BERRY: Oh, okay. MR. FERNANDEZ: This is to let you know where it is in case you get phone calls in the meantime. COMMISSIONER BERRY: Like from the newspaper? CHAIRPERSON MAC'KIE: Like those interviews we had at the lunch break. That's okay. And where is our meeting, Mr. Fernandez, tomorrow? We have a TDC workshop. MR. FERNANDEZ: Here in this room. CHAIRPERSON MAC'KIE: Right here? Okay. COMMISSIONER BERRY: And it's you. CHAIRPERSON MAC'KIE: I'll tell you what, TDC, looking forward to that. COMMISSIONER BERRY: You betcha. CHAIRPERSON MAC'KIE: Do you have any other communication -- COMMISSIONER BERRY: I wouldn't think of having any kind of communication with anybody. CHAIRPERSON MAC'KIE: Okay. Welcome back from Colorado. How about you, Mr. Norris? COMMISSIONER NORRIS: Just congratulations on your chairmanship. CHAIRPERSON MAC'KIE: Uh-huh, oh boy. COMMISSIONER CONSTANTINE: No. CHAIRPERSON MAC'KIE: Jim? COMMISSIONER CARTER: Congratulations on your chairmanship, Commissioner Mac'Kie. CHAIRPERSON MAC'KIE: Thank you. COMMISSIONER CARTER: Just one note on our, I believe it's on our Page 112 --- _.~--- January 12, 1999 consent agenda. There were a couple of golf courses, and I am told that those would be public golf courses, so maybe that will alleviate some of the concern that there are no options to play golf publicly in Collier County. So I think that's good news. COMMISSIONER CONSTANTINE: I'll be interested to see what the price tag is. Lely Flamingo is a public course if you can afford a buck forty -- $140 a round to play. So being public and being -- CHAIRPERSON MAC'KIE: Is that per person? COMMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MAC'KIE: Per person? You guys have bad habits. COMMISSIONER CONSTANTINE: So being public and being realistic are two different things. COMMISSIONER CARTER: Time will tell, right? CHAIRPERSON MAC'KIE: Okay. Ms. Filson, anything? MS. FILSON: I have nothing. Thank you. CHAIRPERSON MAC'KIE: We're adjourned. *****Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously with the exception of Item #1.6A1. (Commissioner Mac'Kie abstained) that the following items under the Consent and Summary Agenda be approved and/or Adopted with changes***** Item #16A1. FINAL PLAT OF PEBBLEBROOKE LAKES PHASE 3-WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Commissioner Mac'Kie abstained on this vote. Page 113 -- .-.-- . JAN 1 2 1999 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 /..;l;;t;t day of ~.. ,19'? between KENCO Development Corporation hereinafter referred to as "Developer," and the oard of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: I. 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: Pebblebrooke Lakes Phase 3. 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 completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $24,465.65 which represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services 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 fmal project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal 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 in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent 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. -- --,~~-,,-- -~,- - -~----_." JAN 1 2 1999 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shaH have the right to construct and maintain, or cause ~o be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnifY the Board, upon completion of such construction, the final total cost to the Board thereof, 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 fulfiH all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this / ~ day of r-~-y , 19 }J~ Witnesses to KENCO Development Corporation ~ _-IJmh )EI5~1 A " A.AlQ2S By~ Kenneth P. Saundry Sr., Presiden By: \, . A trEST:. BOARD OF COUNTY COMMISSIONERS DWIGHT E."BR.OCK, CJ:.ERK COL~UNTY' FLfZDA~ -.' ',c ': _ .1 . ';i::- '~4Y!)q'~p~~j~;t ~ ,.~t? By: __~ . ~ Atte.~,t as, to.'~Cha 1 ~n . S rrnan - "- S 1~\~~~~8qJ'.~d legal sufficiency: ~ ,; " ~~..:....- \' ,\ - J- ~~'. ~ ...............--" #- - _._._~-"_.. FORM 88 MEMORANDUM OF VOTING CONFLICT FO~N 1 2 19J .~~~r:!:.E~~.!"!..C:IPAL, AND OTH~..~~~~~~~~~~~~~?~~ I Mac'Kie s. NG ADDRESS : . en Y }a{<-"OUNTY ! : OTHER LOCAL AGENCY COUNn' . NAMti OF POLITICAL :Io"tJ80IVISI0N: N~ples Collier Collier County - ON WHICH \"on; <X"<:URRED MY POSITION IS: Janua 12, 1999 KX ELECTIVE ,; APPOIl'mVE_ . WHO MUST FILE FORM 88 is form is for use by any person serving :u the county. city. or other local Il:\-el of government on an appointed or elected board.. ~nci1. commission. authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented :h a voting conflict of interest under Section 112.3143. Florida Statutes. The requircmequ of this law are mandatory; although ~ use of this panicular form is not required by law. you are encouraged to use it in making the disclosure .required by law. Jur responsibilities under the law when faced with a measure in which you have a conflict of interest will vary gRady depending 1 whether you hold an elective or appointive position. For this reason. please pay close ancntion to the instruaions on this form :fore completing the reverse side and filing the form. . . . ~..,..... .. - " - y - . , INSTRUCTIONS FOR COMPUANCE WITH SECTION 11U143. FLORIDA STATUTES LECTED OfFICERS: : . person holding electh'e county. municipal. or other local public office MUST ABSTAIN from voting on a measure which inures } his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special ~ain of a principal (other than a government age",,'}') by whom he is retained. - <1 either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembl)' the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE YarE OCCURS by compktingand filing this form with the person responsible for recording the minutes of the meeting. who should incorporate the form in the minutc:s.. .-- ,..- \PPOI:"iTED OffiCERS: \. person holding appointive county. municipal. or other local public offi~e MUST ABSTAIN from voting on a measure which nures (0 his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the pedal gain of a principal (other than a government agency) by whom he is retained. . -\ person holding an appointive local office Olherwise may participate in a matter in which he has a conflict of interest, but must jisdose the nature of the coolliet before making any attempt to intluence Ihe decision by oral or written communication. whether made by the officer or at his direction. !F YOU INTEND TO \lAKE ANY AlTEMPT TO INfLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ' . · You should complete and file this form (before making any anempl to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other m~mbers of the agency. · The form should be read publicly at the meeting prior to consideration of (he matter in which you have a conflict of interest- January 12, 1999 Item #1.6A2 FINAL PLAT OF PELICAN STRAND REPLAT -6 - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 114 , ._----- -.,.. --"- - JAM 1 2 1999 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this /~ day of ~., gr , 19!2between PELICAN STRAND, LTD. a Florida Limited B nership PELICAN STRAND DEVELOPMENT CORPORATION, its General Partner, (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "The Board") and CREDIT SUISSE FIRST BOSTON (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as PELICAN STRAND, Replat 6, Tract 10, Amberwood Drive. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction contract prepared by Naples Road Building Corporation, a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the contract, Exhibit "A" C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated July 2, 1998, (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $252,614.23, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 12 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes lender to hold $252,614.23 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. --_._~ JAM 1 2 1999 3. Lender agrees to hold in escrow $252,614.23 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit no more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $22,964.93, which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to that effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. .--,,_.. -------- JAM 1 2 1999 - 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County . 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either a) notify the Developer in writing of 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 of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement; 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. -- - -...-.... .-..--- -- ~ 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility fur maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. ._-~~-- --"-,- --..-- - JAN 1 2 1QC1;Q 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this / ~ day of ~ ,19~. PELICAN STRAND, LTD., A Florida limited partnership () t>.A~ A' ~,f ~ /-c etiteol YIU <\' m,' lIe/(. B (Print Name) LENDER: CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, A Delaware limited liability company By!Jj & . , en Na.t11e: (v\;,c.:.\.-:<:".l/ \ ",^"""" "'b~-::> .. :'Air~/, Title: V~ (.-<- rr.l/ C~;\J.~..\- \ ,- '."" '1/' i,.,"" i":"';{7:%?'~C ," ':'ATTEST:''''~>\ ":p BOARD OF COUNTY :~.' DWIGHT E.-,BR~K, CLERK COMMISSIONERS OF COLLIER "';; '.' , c~ FLORID~ ~ ;>~4t:.~..~...~....:~,. /d/P, BY: ~'\S\ . ~~ ' ptitY, -8~k Cha an =:.- """- Attest'as to Chairman's At1Jn'otedmSJtt>l j:nm and legal sufficiency: Nt. dl 1 ,#VL '-- rolL David C. Weigel, County Attorney ----- " ..__ ___h.._ _"M"'__ January 12, 1999 Item #1.6A3 FINAL PLAT OF WILLOW PARK - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT Page 115 _..~_.._--,-- ._.~. -.......-.-...---.. ~. -- JAN 1 2 1999 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~day of ~ , 199'between Willow , Professional Park Limited Partnership, a Florida Limited Partnership, the property owner, (hereinafter "Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafter the "The Board") and AmSouth Bank (hereinafter "Lender"). RECITALS A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Willow Park B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Coastal Engineering Consultants, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated September 15, 1998 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $468,479.50 and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. J:\DATA\97388\C&M & Escrow Agree/or Subdiv Improvements. doc 1 ---_.---~...,,_._- --- --- _._----~-_._._- -- JAN 1 2 1999 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $468,479.50 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $468,479.50, from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $40,316.00 which shall remain in escrow as Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development J:\DATA\97388\C&M & Escrow Agree/or Subdiv Improvements.doc 2 ----- .< __0_'_'___ _.___m_'____~_,___._ >--- - JAN 1 2 1999 Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer ofthe amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the J:\DATA\97388\C&M & Escrow Agree for Subdiv Improvements. doc 3 ___.u -- JAM 1 2 1999 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. J:\DATA\97388\C&M & Escrow Agree for Subdiv Improvements. doc 4 ~._._- I - JAM 1 2 1999 IN WI1NESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives this~day of 9- r. , 199'. Signed, Sealed and Delivered in the presence of: Willow Professi nal Park Limited Partnership, 4/!~/ a Florida Limit d Partnership By: '4!>$zJ t-~ /l.r,ec~ PrinredNmne ~ 4k~~ ~I ~ss l AmSouth Bank -;Y~4~~~/, ';H/#I Printed Name Wif{P~7 ~ By: J ~/L{ . U~ Timothy . ~cLean, Vice President Bf(Zj L _ jt1 0(2 G-;&-J Printed N t _. ..... ..' i, . (~J ..' v.\. ~ . , . ATTEST: ' " \""".i BOARD OF COUNTY COMMISSIONERS .....:...,.-.. .,. \;-' .,:PWIc.rHT E. BROCr<::;.CLERK OF COLLIER COUNTY, FLORIDA ~ . -" ... \. .~ . BY~~~~~ -- t. ~&~~~~~~ De u Clerk', " j.1 ' - ' Attest Is,toChairrnan's signature on1.1. Approved as to form and legal sufficiency: iJMt f ,hIl/Vl- ~ David Weigel Collier County Attorney J:IDA TA\97388\C&M & Escrow Agree/or Subdiv Improvements. doc 5 '----- -- JAN 1 '2 1999 EXHIBIT" 1 " ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST 1. Potable Water System $48,088.00 3 ~ a... A.. /' ,,'S \ II. Sanitary Sewer System $85,406.00 III. Drainage $167,036.00 IV. Paving, Concrete, Miscellaneous $102.633.50 SubTotal $403,163.50 10% of Total $40.316.00 11 00/0 Escrow Amount $443,479.50 V. Excavation Bond $25.000.00 Total $468,479.50 J:\DATA\97388\C&M & Escrow Agree/or Subdiv Improvements. doc 6 ---- - January 12, 1999 Item #16A4 AGREEMENT RENEWALS WITH HYDROLIGICAL CONSULTANTS AND CONTAMINATION CLEANUP CONTRACTORS PURSUANT TO RFP#95-2380, FOR A ONE YEAR EXTENSION TO THE CURRENT AGREEMENTS WITH PROFESSIONAL SERVICES INDUSTRIES, METCALF & EDDY, INC. , ECOLOGY AND ENVIRONMENT, INC. , ERM SOUTH, INC. AND OHM REMEDIATION SERVICES CORPORATION Page 116 ---- ....'- -- JAN 1 2 1999 AGREEMENT TO EXTEND AGREEMENT FOR CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY') entered into a 19 page Agreement ("the Agreement") with Professional Services Industries, a corporation, ("CONTRACTOR") for the Corporation to provide specified support services in connection with the clean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that the COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, the above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, the COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. The Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. 2. All other provision of the Agreement remain the same. , . . ,- ',rt BOARD OF COUNTY COMMISSIONERS ATTEST: ~l,.' " COLLIER COUNTY, FLORIDA v.... .' ~: ~:~., <j-&@y: " I.? GRT ? BROCK, LERK B . *"# ,-.' -,. " " D~te: ~~'~/~I/Y~...? / . Att2~t as to Chaf~an's signature onl)o ----.--- ~_._._._-, ..--.-- -"-,.' --,---. -- . JAN 1 2 1999 Professional Service Industries, Inc. By: (L. S.) Witness Signature of Corporate Officer Witness Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency 1U\O~?~ Thomas C. Palmer Assistant County Attorney -.... I .' .' · i 'F t:OP~' 219~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR CLEANUP OF CONTAMINATION SITES~ 7~ THIS AGREEMENT, made and entered into this ~ day of -(J)::tl! Ma-Peh , 1996, by and between the Board of County -eommissioners, Collier County, Florida, a political sUbdivision of the state ot Florida, hereinafter called the COUNTY, and Professional Service Industries , duly authorized to conduct business 'in the state of Florida, hereinafter called the CONTRACTOR; WIT N E SSE T H WHEREAS, the COUNTY desires to obtain support services of said CONTRACTOR in connection with its contamination site cleanup program; and WHEREAS, the CONTRACTOR has reviewed the services required by the COUNTY pursuant to RFP #95-2380 and is agreeable to and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions, conditions, and terms hereinafter set forth; and WHEREAS, the parties agree that selection and contractual engagement of the CONTRACTOR has been made by the COUNTY in accordance with the provisions of the Consultants, Competitive Negotiation Act, Chapter 287.055, Florida Statutes, as applicable, and in accordance with the COUNTY'S policy on competitive selection procedures. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties hereto agree that with the mutual acceptance of this Agreement, as evidenced hereinafter by joint execution of this Agreement, that a contract shall exist between both parties consisting of the covenants, terms, and provisions agreed to as follows: The COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, (COUNTY)' hereby retains the CONTRACTOR to provide environmental monJt.oring, response, and cleanup/remediation services as outl~ned in BCC Solicitation No. RFP #95-2380, and CONTRACTOR's response thereto, incorporated herein by reference. Any terms a~~ ~~nditions of this contract which vary from those contained in the Solicitation or CONTRACTOR's response shall have precedence. Activities associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 62-771 and 62-775, Florida Administrative Code (F.A.C.), Petroleum Contamination Cleanup Criteria Rule, Petroleum Contamination Site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respectively. -1- --- ~ JAM 1 2 1999 ~ ..'-....... ---., . . .- SECTION I SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contamination site cleanup services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include any or all of the following described work elements: A. Quality Assurance Prior to receiving any site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance -Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance section. The Comp QAP must comply with the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. B. safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. C. Contamination Assessment Plan ( CAP) and Initial Remedial Actions (IRA) The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site(s). For each site, the COUNTY will request a cost estimate and work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR's approach' to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. Contamination Assessment . ' .' Upon approval of the CAP by the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR) . E. Remedial Action Plan (RAP) Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the Site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTY may direct the CONTRACTOR to develop an alternate SRL for a 'site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund Sites. -2- ----. - ~_."m .... --, .- M JAN 1 2 1999 .--- ~ ",~' -" J ~...:-.: ,...y" "-;"'-j ..._~ ,,~...... ':..f " \7 i _ /> / / .. . The RAP will include plans and speclflcatlons and backup calculations which demonstrate the rationale for the system design. F. Remedial Action upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from vendors and subcontractors, recommending purchases and awards, overseeing construction, supervising system startup, and performing operation and maintenance of the system. Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing site access and obtaining easements, ensuring compliance with all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval by the County, task assignments may be given for other environmental moni toring, response, and cleanup/remediation activities including, but not limited to, contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the applicable Local, State and Federal laws and rules. In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the required services. Notwithstanding any other provision of this contract, the CONTRACTOR may, at its sole discretion, elect not to participate in a proposed task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the COUNTY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR's liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- -_.-. ' _..--~--~.~ - --,._..,..,._-.~.~---~ -- @ . JAN 1 2 1999 . .-, ...-. SECTION II - GENERAL RESPONSIBILITIES OF THE CONTRACTOR The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR'S non-performance of site cleanup, Section XV shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the services are performed. The COUNTY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County's disclosure provisions of Chapter 119, Florida statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COUNTY. SECTION III - GENERAL RESPONSIBILITIES OF THE COUNTY The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for the purpose of providing the services, only after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- s -. ----------.--" r::::" , . t) ~~' l^tJ 1 1. 1999 The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste or substances (as defined by Sections 403.703{21) and (29), Florida Statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal ot said hazardous waste or substances. The CONTRACTOR will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if it undertakes directly to transport, treat, store, or dispose (as defined by section 403.703, Florida statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known heal th or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTRACTOR shall seek to determine the equitable adjustment (if any) to be made to the task assignment. If the parties are unable to agree, the task assignment shall be terminated in accordance with the termination for convenience provision of this contract. The COUNTY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location,. of such underground structures in accordance with reasonable standard of care. The COUNTY shall give the CONTRACTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, P.A.C., unless another schedule, which would require more frequent approvals and decisions by the COUNTY, is established by a given task assignment. -5- -- ~ JAM 1 2 1999 '- '.J A ~.:.' SECTION IV - RrpORT~ Delivery of a tasK final report may include a technical presentation at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SECTION V - TERM OF AGREEMENT This contract is effective on the date of execution and shall remain in effect until .~.~gye~"3t~~.~~date~$Ot~execution, by which date all requiremerit!l~;";bl.;includin9 final reports, shall have been completed. Section VIII of this agreement will be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Fa ilure to 1ni tiate a renegotiation of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. The COUNTY reserves the right to rene..... this contract for a period of one year or until such time as all outstanding Assignments issued prior to expiration of the one year period have been completed based on the continued satiSfactory performance of the CONTRACTOR and the availability of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in writing by both parties and approved, upon recommendation of staff, by the Board of County Commissioners. SECTION VI - SUBLETTING The CONTRACTOR shall not sublet, assign or.transfer any work . . under this contract without the prior written consent of the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as approving subcontractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees to be responsible for payment of all monies due under all subcontracts. SECTION VII - COMPENSATION For satisfactory performance, the COUNTY agrees to compensate the CONTRACTOR on either a fixed price or cost reimbursement -6- --------~-'_. . ----. --'-'---'---~ -- ~ ~~ Hut 1 2 1999 . ";;. I.!'~ ~ b"a s is. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,000 for each County fiscal year during the contract term. In no event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTRACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which ( 1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and agreed that the CONTRACTOR shall not commence work on any task assignment that may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from FDEP without liability for anticipated profits for unfinished work. SECTION VIII - PAYMENTS The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task assignment, or shall submit invoices accompanied by an executed copy of the task assignment nofification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRACTOR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. -7- ------.--.' c.~ - ~ ',~ '~'i" ;1\1' 2.'999 A. Salaries/Waqes (Direct Labor) - List personnel involved (by name and personnel ca tegory) , salary rates and hours/time spent on individual project tasks as defined in the work plan. B. Overhead/Frinae/General and Administrative Costs - All multipliers used (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that mult"ipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. 1. Frincre Benefits - Shall be calculated pursuant to FDEP and COUNTY guidelines. 2. Overhead - Shall be calculated pursuant to FDEP and COUNTY guidelines. 3. General and Administrative - Shall be calculated pursuant to FDEP and COUNTY guidelines. 4. None of the above multipliers will overlap with each other. C. Subcontracts - All subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The COUNTY acknowledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTRACTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (Le. , travel reimbursements will be authorized in accordance with the travel requirements of the prime CONTRACTOR; drilling . . subcontracts IIiay be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work performed will be sufficient. -8- --.. _^"_~c_ -- ",'- ~ ~ JAM 1 '2. 1999. All subcontractor llIuHiplhrs uSfid (1.1., fringe bQneCits, overhead, andf or 9 er.er a 1 And a~;:.1 n i atr It i v. ra tes) sha 11 b. supported. by audit. If the COVNTY determine. that JDul tlpUera char<;ad by any .ubcontractor exceeded the rate. .upported by audit, the CONTRACTOR shall be t'eq\J1red to rel~ur.. such runds to the CO~ within 30 day. or wrlttan notification. Interest on the excessive charc;a. chall be calculated based on the prevailing rate used by the COUNTY. ,Prime CONTAACTOR shall naqot1at. 1n advance SUbcontractor/contract administration cost/taas on & tast assiqnment basis. D. Travel. Travel I. includad in the p.rcanta<;e in Other Ditect Costs , Ex.hibi t lIt, Une 7. Any other travel expensas and per diell which are not claImed under or included in other DIrect Costs, Exhibit III, Line 7, must be doc~:c'.anted by a state of Florida Travel Voucher v1th appropriate racaipts and in accordance with. Section 112.061, F.S. Reimburse~ent vill be only at rates currently allowed state employees. E. Eauip~ent. Equipment usage rental rates apply to use in the field only and do not apply to transportation t1rne. The rental rates charged for equip~ent usage shall be invoiced to the COt.iiT"i in the J:'oost favorable t&rws (I.e. ,th@ sum of the hourly rental rate for a given day shall not exceed the daily rental rate; the sum of the daily rental rate tor up to a seven (7) day period shall not exceed the ~eekly rental rate; the SU3 of the ~eekly rental rate tor up to a tour (4) ~eex period shall not exceed the ~onthly rental rate). f. Ot.her r~enses (Other Direct Costs) - e.g., materials, supplies, long distance phone calls, that are not included in overhead or general and a~~lnistrativ. costs, must be dvcuj.)ented by itell'izing and inclu1ing copies of receipts or invoices. G. Ell. 11'.e ne9otiate~ ~axir..ur.-. fee a:::F~.ic~ble to task assigr.:.ents under this contract shall be a....arded on a task asgigr~ent basis not to exceed ~ of total bare labor and project manage~ent cost. {Included in Exhibit III l1ne 3} .. .. H. Reta 1n.a..g.e - The COlJ"N1"i' reserves the right to establish the a:':\ount and application of retair.~qe on a task assignment basis. ~ maxi~um of lot from each payrr.ent to the CO~TRAcrOR Ttay be retained pending satis(ac~ory cOl1'.pletion of a. tasK assign~~nt and approval of all deliverables. The review for approval of the fi~al deliverable(s) ....il1 be completed ....ithin sixty (60) days of receipt. The request for pa:f'l':ent of retainage will be inclu<:!ed on the final ii,Voice Cor each task assignttent. The final invoice for .each tas\< ass1'3lil:.ent will be submitted aftE:r approval o! the final deli'..erable(s) . -9- . I -- ~~,-'-- r.1':", ~- ~,.; ~~~ JAN 1 2 1999 ~:;;;:.., . . I. Laboratory Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses, blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. J. Health and Safety - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto' and made a part hereof, and treated as equipment identified in paragraph E, above. K. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. Purchase of Equipment/Non-Expendable Supplies - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the COUNTY. Such equipment/non-expendable supplies shall remain the property of the COUNTY and must be returned upon task completion. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually agreed to by both parties. The COUNTY shall pay each invoice in accordance with the requirements of section 218.70, F.S., as applicable. If the COUNTY objects to all or any portion of .any invoice, the COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance wi th County and/or state of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of del i verables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- -----_._-_.~- -".- ~ . F - _:_",~,"'>"- . ''-"" ~, JAN 1 2 1999 '- The COUNTY shall pay all satisfactory invoices in accordance with section 218.70, Florida statutes. Three copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX - AUDIT: ACCESS TO RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COUNTY, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. Multipliers used by the CONTRACTOR or its subcontractors for fringe benefits, overhead, and general and administrative rates may be audited by the COUNTY up to three years after contract ter1llination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the COUNTY and, if applicable, recovering such monies from its subcontractors. SECTION X MANAGEMENT The COUNTY's Project Manager is G. George Yilmaz, or his designee, telephone number (941) 732-2502. The CONTRACTOR's Project Manager is Nana G. Faul kner , telephone number 813/538-2300 . All matters shall be directed to the Project Managers for appropriate action or disposition. All services shall be. .performed by the CONTRACTOR to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work wi thin the general scope of the contract (e.g. , specifications, time method or manner of performance, requirements, etc. ) . All change orders are subject to mutual agreement of both parties and shall be -11- ~"-".,-+ '"v....,...- ~.....-. . "--." /'" . -- . ~ !~~ ~~ '~~~' JAM 1 2 1999 evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR's cost, fee, or time shall require an appropriate adjustment and modification (amendment) to this contract. All documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property ot the COUNTY and may be used by the COUNTY at its sole discretion. However, the COUNTY's use of such materials developed by the CONTRACTOR under this contract on projects, or extension of proj ects, which are not directly related to the CONTRACTOR's services under a task assignment covered by this contract, shall be at the COUNTY's risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely tor the CONTRACTOR, to sol ici t or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. SECTION XI - TERMINATION A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent tq.terminate; 2) an opportunity for consultation with .- the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in part in writing by the COUNTY for its convenience, provided that the CONTRACTOR is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- . @ ~ - <9 .IAN 1 2 1999 c. If termination for default is effected by the COUNTY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allowed for anticipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable additional costs to the COUNTY because at the CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: 1) promptly discontinue all affected work (unless the notice directs otherwise); and 2) deliver or otherwise make immediately available to the COUNTY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been prepared or accumulated by the CONTRACTOR in performing this contract, both completed and in process. E. Upon termination under paragraphs A or B above, the COUNTY may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of the CONTRACTOR to fulf ill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of the contract price shall be made as provided in paragraph C of this section. SECTION XII - LIQUIDATED DAMAGES TIME IS OF THE ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED. In the event that any CONTRACTOR fails to complete any task assignment on a timely basis, the COUNTY will suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY. -13- ~~ ~ JAN 1 2 1999- :.@" SECTION XIII - SUSPENSION OF WORK A. The COUNTY may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. B. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment, or by the COUNTY's failure to act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension, delay or interruption to the extent: 1. That performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the CONTRACTORj or 2. For which an equitable adjustment is provided or excluded under any other provision of this contract. C. The COUNTY shall make payment to the CONTRACTOR of any retainage withheld on a task assignment provided the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII - PAYMENTS. No retainage payment shall be made to the CONTRACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV - CONFLICT OF INTEREST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the ... appearance of a conflict-of-interest, the County requires that the CONTRACTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR's discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CONTRACTOR of all potentially responsible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the' CONTRACTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14- ._"...""----.~.- r,:,.... c_ .~" ~t;' r,AN 1 2 1999 , For the purposes of this section, a CONTRACTOR or CONTRACTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take to avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR's assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION XV - INSURANCE The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage which may arise from operating under this contract whether such operations are by the CONTRACTOR or by anyone emp I oyed by the CONTRACTOR, and the amount of such insurance shall, at a minimum, meet the following limits: A. Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability: Coverage of $1,000,000. Special Requirements: The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- '__..'""__m_D. ,-- ~ . -' ...^,~' --,,- /''''-, ~-- (~ ~ JAN 1 2 1999 ..-' ~ required to meet. The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the state of Florida shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance certificates. The Insurance certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only". Collier County Board of County Commissioners shall be named as the certificate Holder. NOTE--The "Certificate Holder" shall read as follows: Collier County Board of County Commissioners Naples, FL No County Division, Department, or individual name shall appear on the certificate. No other format will be acceptable. Current, valid insurance policies meeting the requirement herein ,identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTRACTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insurance, the CONTRACTOR must notify the COUNTY within five (5) days of the CONTRACTOR's notification. from its insuranoe company. The COUNTY reserves the right to require the CONTRACTOR to include a site owner} operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR's insurance policies. The COUNTY shall reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the State of Florida and/or the COUNTY. -16- - dl ~ ::~;;.:~;. ~;~ \~;-;j;: JAN 1 2 1999 t....:-., ' .. SECTION XVI INDEMNIFICATION The CONTRACTOR, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and j udqments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder,. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONTRACTOR'S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is payment of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall be borne solely by the party whose employee(s) or equipment so caused such loss or damage. Loss or damage due to the concurring acts or omissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss or damage. Upon payment in full to the CONTRACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COUNTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CONTRACTOR in connection with CONTRACTOR's performance of such services. SECTION XVII - FORCE MAJEURE . . . . If a force majeure event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall be extended for a period equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- "._~_. .::...), @ JAN 1 2 1999 - ~ ~,,'~ <" or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTRACTOR, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specif ically enumerated herein or otherwise, which is not reasonably wi thin the control of the CONTRACTOR. In the event that the CONTRACTOR'S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be required to maintain a field force in standby status in the field for a period in excess of five (5) calendar days. SECTION XVIII THIS AGREEMENT shall be administered on behalf of the COUNTY by the Pollution Control Department. SECTION XIX - COMPONENT PARTS OF THIS CONTRACT This Contract consists of the attached component parts, all of which are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP #95-2380, and attachments. SECTION XX IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that this Agreement is subject to annual budget appropriation by the Board of County Commissioners. SECTION XXI - CHOICE OF LAW/FORUM The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall be brought in Collier County, Florida. -18- ~..._--,,_.,---------'- ,.,. ri~ r;;~ JAil 1 2 1999 - ~"':t"P ...-,:-;. SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS " " , . , , COLLIER COUNTY, FLORIDA .:C~~~.Q~ By: c;~~-=~ ~~: ~I T E. BROC , C rk aHN C. NORRIS , ~. (. ", . Chairman .: 'Date:,,'5! 7 /f?~ ".( SEAL) , I ~ /~ I! / Professional Service Ind. O I J'-" / j / -',/ ~ ~ . .'~ __ /'"' ,./,. ~ By: I? ~ d-'1J l' C ~. Witness Signature of Corporate v L/ Officer fJ~OW!A/l Robert L. Goehring, P.L, Vice Pres. WitneE Typed signature and title CORPORATE SEAL ) Approved as to fo legal sufficiency: \L~. r-, PJ - - Thomas C. Palmer Assistant County Attorney -19- {o (/G~ .- (#\ €i~ JAN , 2 1999 , .~~.~.--1 ~:. - ~.,';' STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared Robert L. Goehr; ng and - to me well known and known to me to be Vice President and - respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 14th day of ~arch , A.D. 1996. ~ '" Notary Public My Commission Expires: r-;::;-:-...... (:~~. ~"$ Dj,;,'r-:~ 1 ...~:'!_:~ '~. ...._" . ~.' ..tJ. 1:<;- -' '':-', IJ,V"''''' "!' ...~;~ ' ,"" Z::;~91 I !~{1;~.~:1. ~~:~~'~~::;~:~'.T:~s . GGY {jh6186 I ',.s;..r;..- _:;;l..:.:..._"I"..~/-'.:.:_l.~,nr.:ll:'S I . - -20- -_.......~._.._.,.~ -"._--~_.~_.~". -_.~- -- JAN 1 2 1999 AGREEMENT TO EXTEND AGREEMENT FOR CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreement") with OHM Remediation Services Corp., a corporation, ("CONTRACTOR") for the Corporation to provide specified support services in connection with the clean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that the COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, the above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, the COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. The Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. 2. All other provision of the Agreement remain the same. ATTEST: BOARD OF COUNTY COMMISSIONERS v COLLIER COUNTY, FLORIDA " ~ ~: :t;~d/;t-.'4fiP.~ BY:~ ~~ /. D GHT E. BROCK, CLERK B B. HERR . C ! . n, .~ \ Date:'~/~ /~P'9 A~test as to Ch~1 . Slgnature 001}8 rm~n s -- JAN 1 2 1999 OHM Remediation Services Corp. By: (L. S.) Witness Signature of Corporate Officer Witness Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency f fJ~--~ 01;\/\ Thorn C. Palm Assistant County Attorney -"._.~- ~.._..._.,-~._-~--- , ~ e JAN 1 2 1999-- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR CLEANUP OF CONTAMINATION SITES THIS AGREEMENT, made and entered into this 7 day of ~ ,1996, by and between the Board of County" Commiss ners, Collier county, Florida, a political subdivision of the tate of Florida, hereinafter called the COUNTY, and OHM Remediation Services Corp. , duly authorized to conduct business in the state of Florida, hereinafter called the CONTRACTOR; , WIT N E SSE T H WHEREAS, the COUNTY des ires to obtain support services of said CONTRACTOR in connection with its contamination site cleanup program; and WHEREAS, the CONTRACTOR has reviewed the services required by the COUNTY pursuant to RFP #95-2380 and is agreeable to and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions, conditions, and terms hereinafter set forth; and WHEREAS, the parties agree that selection and contractual engagement of the CONTRACTOR has been made by the COUNTY in accordance with the provisions of the Consultants, Competitive Negotiation Act, Chapter 287.055, Florida Statutes, as applicable, and in accordance with the COUNTY'S policy on competitive selection procedures. ------ NOW, THEREFORE, in consideration of the mutual covenants, ----.-.---terins ;-aild provisions contaIned herein-, -the parties' -hereto--ag-r-ee--- --.- that with the mutual acceptance of this Agreement, as evidenced h_ - - -. -"her:e.in.afterby joint executi~his Ag:reement, that a contracL _ shall exist between both parties consisting of the covenants, terms, and provisions agreed to as follows: The COLLIER COUNTY BOARD OF COUNTY COMMISSJ;9NERS, (COUNTY) hereby retains the CONTRACTOR to.' provid"e';' environmental monitoring, response, and cleanup/remediation services as outlined in BCC Solicitation No. RFP #95::"2380,' and CONTRACTOR's response thereto, incorporated herein by reference. Any terms and conditions of this contract which vary from those contained in the Solicitation or CONTRACTOR's response shall have precedence. Activities associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 62-771 and 62-775, Florida .Administrative_ Code (F.)'..C.), Petroleum Contamination' ,"Cleanup Criteria Rule, Petroleum Contamination site Priority Ranking Rule .and Soil Thermal Treatment Facili~ies Rule, respectively. -1- -- --- -- - ..-.----- E~- . I::' - -.. JAN 1 2 1999 .,. SECTION I SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contamination site cleanup services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include any or all of the following described work elements: A. Quality Assurance Prior to receiving any site task assignments, ,the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAP must comply with the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. B. Safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. C. contamination Assessment Plan (CAP) and Initial Remedial Actions (IRA)__ The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site (s) . For each site,' the COUNTY will request a cost estimate and. work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR's approach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. Contamination Assessment Upon approval of the CAP'oy the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a contamination Assessment Report (CAR). E. Remedial Action Plan (RAP) Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTY may direct the CONTRACTOR to develop an alternate SRL for, a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund sites. -2- - -.--.---- < --,~ .._~-- <----,- . @.;~ JAM 121m- -- e '(.:"!" . ", The RAP will. include plans and specifications and backup calculations which demonstrate the rationale for the system design. F. Remedial Action Upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaininq price quotes from vendors and subcontractors, "recommending purchases and awards, overseeing construction, supervisinq system startup, and perforninq' operation and maintenance of the system. other responsibilities of the CONTRACTOR durinq assessment and remedial action include acquirinq all necessary permits and inspections, securinq site access and obtaining easements, ensuring compliance .....ith all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval by the County, task assignments may be given for other environmental monitoring, response, and cleanup/remediation activities including;~ut not limited to, contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and, other associated activities. All tasks should be conducted by the contractor within all the applicable Loca 1 , State and Federal laws and rules. In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignr:1ents covering the required services. Notwithstanding any other provision of this contract, the CONTRACTOR may, at its sole discretion, elect not to participate in a proposed 'task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the COUNTY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of' work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR's liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- ,,----- ~--.-----~----- ~----~ --~ ~ ~ JAM 1 2 1999 . SECTION II - GENERAL RESPONSIBILITIES Of THE CONTRACTOR The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR'S non-performance of site cleanup, section XV shall be reviewed for its applicability. ' . The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the services are performed. '-:- The COUNTY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County's disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COUNTY. SECTION III - GENERAL RESPONSIBILITIES OF THE COUNTY ,- The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for the purpose of providing the services, only after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- ~ fj ~ JAM 1 2 1999- . The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste or substances (as defined by Sections 403.703(21) and (29), Florida statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR will be considered a transporter, treater, storer or disposer ,of said hazardous waste or substances, if it undertakes directly to transport, treat, store, or dispose. (as defined by Section 403.703, Florida statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known heal th or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTRACTOR shall seek to determine the equitable adjustment (if any) to be made to the 'task assignment. If the parties are unable-:--to agree, the task assignment shall be terminated in accordance with the termination for convenience provision of this contract. The COUNTY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location of such underground structures in- accordance with reasonable standard of care. The COUNTY shall give the CONTRACTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C., unless another schedule, which would require more frequent approvals and decisions by the COUNTY, is established by a given task assignment. -5- ~.--------,.,-- rC~ -- ~ ~i;P JAN 1 2 1999 . .' .~~" ., SECTION IV - REPORTS Delivery of a task f ina 1 report may include a technical presentation at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SECTION V - TERM OF AGREEMEN~ This, contract is effect!veon the date ot execution and shall remain in effect until three years fro. the date of execution, by which date all requirements, including final reports, shall have been completed. Section VIII of this agreement will be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to initiate a renegotiation of rates prior to the date established shall result . the continuation of the rates ln contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. The CotJNTY reserves the right to rene'W-ni s contract for a period of one year or until such time as all outstanding Ass igmnents issued prior to expiration of the one year period have been completed based oil the continued satisfactory performance of the CONTRACTOR and the availability of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling a~ount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in 'Writing by both parties and approved, upon recommendation of staff, by the Board of County Commissioners. SECTION VI - SUBLETTING The CONTRACTOR shall not sublet, assign or transfer any work under this contract .W' i thout the .pr ior written consent of the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as approving subcontractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all .....ork elements included in the subcontracts and agrees to be responsible for payment of all monies due under all subcontracts. SECTION VII - COMPENSATION For satisfactory performance, the COv~TY agrees to compensate the CONTRACTOR on either a fixed price or cost reimbursement -6- .----~_. .-- ---.--.--- ~ -- .. -- . JAN 1 2 1999 ~ , basis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,000 for each County fiscal year during the contract term. In no event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTRACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and agreed that the CONTRACTOR shall n'ot commence work on any task assignment tha-t. may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under 'this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from FDEP without liability for anticipated profits for unfinished work. SECTION VIII - PAYMENTS The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task assignment, or sha;1.l submit invoices accompanied by an exec~ted copy of the task assignment notification' form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRACTOR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. -7- -,_..~----,.,-~ JAM 1 2 1999 - ~ ~ ~,..~. " ..,.~ -.... -' -?iiii~t' . .-~... j '.~.<.-;;' '~.- ., A. Salaries/Wages (Direct Labor) - List personnel involved (by name and personnel category) , salary rates and hours/time spent on individual project tasks as defined in the work plan. ~ B. Overhead/Frinqe/General and Administrative Costs - All multipliers used (i.e. , fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that multipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest . on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. 1. Fringe Benefits - Shall be calculated pursuant to FDEP and COUNTY guidelines. 2. Overhead - Shall be calculated pursuant to FDEP and COUNTY guidelines. 3. General and Administrative - Shall be calculated pursuant to FDEP and COUNTY guidelines. "- 4. None of the above multipliers will overlap with each other. C. Subcontracts - All subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The COUNTY ackno',o/ledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTRACTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (i.e., travel reimbursements will be authorized in accordance with the travel requirements of the prime CON'f'~CTOR; drilling subcontracts may be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work perforwed will be sufficient. -8- "-- -- /"".'" (.:i,;,"~ JAN 1 2.1999 ~ ., ~':2') .' A 11 ".Jbcon t r a ct or lfoultip:iers us.d (i.e., f r1 ng e bC?1'let'its, overhead, and/or 9H.era 1 and a<1c.1nietrativa rates) shall b. 6upported oy audit. If the COlJNT): detenl\1r.e. that ~\Jltlplier8 charged by an)' .\Jbcontractor eliceeded tha rate. supported by audit, the CON'I'RACTOR ,ha 11 be t"eq\J.t red to re11!Lburs. such funds to the COVNTY within 30 days ot vritten notitic~tion. Inttrest on the exce,sivQ charqe. chall be calculated ba sed on the preva 11 in9 rata used bI the COUN't'~. Prime CONTRACTOR shall negotiate . n advance subcontractor/contract administration cost/taes on a. tasJe assi9n~ent bas15. o. ILavel - Travel is included in the percentage in Other Direct Costs, Exhibit Ill, line 7. Any other travel expenses and per diem Which are not claimed under or included In Oth~r Direct Costs, Exhibit III, L1li8 7, ~u,t be doc'Ut".9nted by a state of Florida Travel Voucher with appropriate rece1pt~ and in accoraance with, Section 112.061, F.S. Reimburs~~ant will be only at rates currently alloved state employees. E. rqUiD~ent - Equ1p~ent usage rental rates apply to usa in the field only and do Tlot apply to transportatjon tb.e. The rental rales charged for equip~ent usage shall be i:-.vcice-d to the COL<;lTY in the r.ost favorab1e te r~,s (L~, , tr.e S'~~ of the hourly rental rate fer a given day shall not exceed tte daily rental rate; the su~ of the daily rental rate (or up to a seven (?) day period shall not exceed the weekly re~tal rate; the SU3 ot the yeexly rental rate tor up to a tour (~) Yeex period shall not exceed the ponthly rental rate). f. Other EneJlSeS (other Direct Costs) - e.g., Itaterials, suppl1 es, long distance phone calls, th~t are not 1~cluded in ovar'head or caneral and a ct"'1, 1 n i s t rat i \' e costs, :'(~..;s t ~e d,~cu::'lented by "iten'>izing and i nc1 u :Hng copies of re:e:;.ts o{' invoices. G. fee - n".e nl;::jotiate1l:'.~~ir.,\..ir., fee aFP11cable to task a S5 i gl"'.;'.e nt s under this contract sl'Hll be Ci'WaTded on a task ass i qn:.e n t ba 5 is not to exceed ~ of total bare label' and project mar.age~ent cost. (Included in Exhibit 111 1i ne J) H. Fetaina..ge - The COL,~T'{ reserves the right to €:'stablisl1 the ~;';'Io\Jnt Clnd application of rata in1:lge on a task ass 1 ;r.::.ent basis. '/<. ~.axi!':l\J.!'l\ of 10\ from eacr. payr..ent to th e Cc'>;7~.ACTOR ~ay be retaine,d p~nding satisfac:ory con,pl eti on of a task. assi9n~ent and approval of all deliverables. The revie... for apprcval of the fi ~a 1 d~l1verable(s) ....ill be completed ...ithin sixty (60) days of receipt. The request for pa:y.t.ent of retainage ....ill be incl'.':~ed on the final invoice for each task assi9iiitent. The final invoice for e.ach task assigru:.ent ....ill be suomi tted after approv.!51 of t!.e U roa 1 delberable(s) . .9- I _.-- ~ P:~, e JAN 1 2 1999- " I. Laboratory Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses, blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. J. Health and Safety - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof, and trea ted as equipment identified in paragraph E, above. K. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. Purchase of Equipment/Non-Expendable Supplies - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the COUNTY. Such equipment/non-expendable supplies shall remain the property of the COUNTY and must be returned upon task completion. '- Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually agreed to by both parties. The COUNTY shall pay each invoice in accordance with the requirements of section 218.70, F. S., as applicable. If the COUNTY objects to all or any portion of any invoice, the COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance wi th County and/ or State of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- ~.- ----_.~---_...,~- - - - ,r ~ ..,-.. JAN 1 2 1999 .. The COUNTY shall pay all satisfactory invoices in accordance with section 218.70, Florida statutes. Three copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX - AUDIT: ACCESS TO RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COUNTY, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. Multipliers used by the CONTRACTOR or its subcontractors for fringe benefits, overhead, and general and administrative rates may be audited by the COUNTY up to three years after contract termination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the COu~TY and, if applicable, recovering such monies from its subcontractors. SECTION X MANAGEMENT The COUNTY's Project Manager is G. George Yilmaz, or his designee, telephon~, kemPer g41) 732-2502. The CONTRACTOR's Project Manager isV~1t ~\ a. H~~ , telephone number ~S--("'Z..Lf - 1'5'"82.. . All matters s all be d~rected to the Project Managers for appropriate action or disposition. All services shall be performed by the CONTRACTOR to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work wi thin the general scope of the contract (e.g., specifications, time method or manner of performance, requirements, etc.). All change orders are subject to mutual agreement of both parties and shall be -11- ~~------- r'\ -- , ~ '~JAN 1 2 1999 ,- evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR's cost, fee, or time shall require an appropriate adjustment and modification (amendment) to this contract. All documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COUNTY at its sole discretion. However, the COUNTY's use of such materials developed by the CONTRACTOR under this contract on projects, or extension of projects, which are not directly related to the CONTRACTOR's services under a task assignment covered by this contract, shall be at the COUNTY's risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicitor secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resul ting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the ~ight to terminate this agreement without liability and, at its discretion, to deduct from the contract pfrce, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. SECTION XI - TERMINATION A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in part in writing by the COUNTY for its convenience, provided that the CONTRACTOR is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- ~-"-----_.. -- ., C". ":., . J. AN 1 2 1999 ~) " C. If termination for default is effected by the COu~TY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allowed for anticipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable addi tional costs to the COUNTY because of the CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: 1) promptly discontinue all affected work (unless the notice directs otherwise); and 2) deliver or otherwise make immediately available to the COUNTY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been prepared or accumulated by~tte CONTRACTOR in performing this contract, both completed and in process. E. Upon termination under paragraphs A or B above, the COUNTY may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of the contract price shall be made as provided in paragraph C of this section. SECTION XII - LIQUIDATED DAMAGES TIME IS OF THE ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED. In the event that any CONTRACTOR fails to complete any task assignment on a timely basis, the COUNTY will suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY. -13- .-.._-_.~,-~,._---- ~ ~- ..--., ~;:::~~' ." " . ~ JAN 1 2 1999 SECTION XIII - SUSPENSION OF WORK A. The COUNTY may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. B. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment, or by the COUNTY's failure to' act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension, delay or interruption to the extent: 1. That performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the CONTRACTOR; or 2. For which an equitable adjustment is ..J~rovided or excluded under any other provision of- tbis contract. C. The COUNTY shall make payment to the CONTRACTOR of any retainage withheld on a task assignment provided, the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII - PAYMENTS. No retainage payment shall be made to the CONTRACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV - CONFLICT OF INTEREST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a ._ conflict-of-interest, or the appearance of a conflict-of-interest, the County requires that the CONTRACTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR's discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CONTRACTOR of all potentially respons ible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the CONTRACTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-ot-interest to exist. -14- .~ ..'~C' ...._.___._,. ~ - . ( ,~. ~~:j " '#if) JAM 1 2 1999 For the purposes of this section, a CONTRACTOR or CONTRACTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take to avoid or to mitigate such conflicts-of-interest. The COUNTY' may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR's assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION XV - INSURANCE The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage which may arise from operating under this contract whether such operations are by the CONTRACTOR or by anyone employed"~l:5y the CONTRACTOR, and the amount of such insurance shall, at a minimum, meet the following limits: A. Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability: Coverage of $1,000,000. Soecial Recruirements: The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- ,0;. - t:2::. i:i.i'i! .<, JAN 1 2 1999 required to meet. The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the state of Florida shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance Certificates. The Insurance Certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only". Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" shall read as follows: Collier County Board of County commissioners Naples, FL No County Division, Department, or individual name shall appear on the Certificate. No other format will be acceptable. ..--. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTRACTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insurance, the CONTRACTOR must notify the COUNTY within five (5) days of the CONTRACTOR's notification from . - its insurance company. . . The COUNTY reserves the right to require the CONTRACTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR's insurance policies. The COUNTY shall reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the State. of Florida and/or the COUNTY. -16- __ _" __ _.0_______ ---~._-.- r-, __ " ~ ~1.{J JAN 1 2 1999 SECTION XVI INDEMNIFICATION The CONTRACTOR, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder'. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONTRACTOR'S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is payment of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties I shall be borne solely by the party whose employee(s) or equipment so caused such loss or damage. Loss or damage due to the concurring~acts or omissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss or damage. Upon payment in full to the CONTRACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COUNTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CONTRACTOR in connection with CONTRACTOR's performance of such services. SECTION XVII - FORCE MAJEURE If a force majeure. "event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall beextended for a' period equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- ~ -- (t .~;i.t;t J A N 1 2 1999 or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTRACTOR, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the CONTRACTOR. In the event that the CONTRACTOR'S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be reauired to maintain a field force in standby status in the fieid for a period in excess of five (5) calendar days. SECTION XVIII THIS AGREEMENT shall be administered on behalf of the COUNTY by the Pollution Control Department. . .---.-. SECTION XIX - COMPONENT PARTS OF THIS CONTRACT This Contract consists of the attached component parts, all of which are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP 195-2380, and attachments. SECTION XX IT IS FURTHER UNDERSTOOD AND AGREED, by and bet.....een the parties herein that this Agreement is subject to annual budget appropriation by the Board of County Commissioners. ._ SECTION XXI - CHOICE OF LAW/FORUM The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall be brought in Collier County, Florida. -18- . ~ -- ., .~ ~::;(... JAN 1 2 1999 '-.... SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements promises, oral .. or or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands ,and seals on duplicate originals of this Agreement on the date and year first above written. BOARD OF COUNTY COLLIER , . ~ ATTEST: , ' ~4--/~~--q{! -> By: ." - .. /CWIGHT E. B~OC Clf!rk ~OHN C. NORRIS , . ..-. I . Chairman . - ~ Date: '5 / 7 / 9& . (SEAL) " OHM Remedi"a'u.on Services Corp. , . 11. LA By:~f~ - H -y!J/~~~ ~ " H ',fC . _' .L~ness igna ure or-c-orporate ., Officer ~---~ --- -..- -- - ~'_._.- .-.- ---" ---.- ---~._._--_._--_._------~ ~~_.- - ..~-~---- -- . . :~'. -----_..- . . - . .~......... .John ~~~an:1tl JlI.. _'-. .' - '. V.P., Director of Oneratio=s witness Typed signature and title ! CORPORATE SEAL (corporations only) .:'"...> "- - ;_. .. , . ., : ~ - Approved as to form and legal sufficiency: ~~~c. ~ Th mas C. Palm r Assistant County Attorney. -19- ~._._~.----.._- _._._---_..~- ~. -- . , . ~ I - JAN 1 2 1999 STATE OF F~~A GEORGIA COUNTY OF C€>!.zhl-ER GWINNETT Before me, the undersigned authority, this day personally appeared John R. Martin and to me well known and known to me to be and respectively, of the corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 5th day of Ar,ril , A. D. 1996. ~#r1J~ (~ Notary Public My Commission Expires: 1~arch 5, 2000 ..__ GGY/jh6186 -20- .-._~-"-_..- - . - - JAN 1 2 1999 AGREEMENT TO EXTEND AGREEMENT FOR CLEANUP OF CONTAMINATION SITES /' WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreement") with ERM South, Inc., a corporation, ("CONTRACTOR") for the Corporation to provide specified support services in connection with the clean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that the COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, the above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, the COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. The Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. _ ,,.2:' .I;.; ,~~ll other provision of the Agreement remain the same. >- '- , '/ ATTEST: '~/ \'f BOARD OF COUNTY CO:MMISSIONERS ,". . ....-.. .' ; :- COLLIER COUNTY, FLORIDA . t ~ 't4 " : ~~~~Jf,~ ~GlfT E.BROC ,CLERK Date:~'l ''" .-t;J~ / !).7 y Attest as to Ch4irm~"i~ s1g:1ature ofd.)'. ERM South, Inc. JAN 1 2 1999 By: (L. S.) Witness Signature of Corporate Officer Witness Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency rJdM PJ~ Thom{s C. Palmer Assistant County Attorney -- - - ~_.-.".- ".'--'- --~.~ - ----------..- - ~~ J"t\ ,1.'\ _..., 61...". ".' -. ~\ . "t,rp \J~:.'2 , JAN 1 2 1999 . \ .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR CLEANUP OF CONTAMINATION SITES AGREEMENT, made and entered into this 7"'-A- day of ____- , 1996, by and between the Board of County Commiss'/ners, Collier County, Florida, a political' subdivision of the state of Florida, hereinafter called the COUNTY, and ERM South. Inc. , duly authorized to conduct business in the State of Florida, hereinafter called the CONTRACTOR; WIT N E SSE T H WHEREAS, the COUNTY desires to obtain support services of said CONTRACTOR in connection with its contamination site cleanup program; and .. WHEREAS, the CONTRACTOR has reviewed the services required by the COUNTY pursuant to RFP #95-2380 and is agreeable to and desirous, capable, and qualified to perform ari~provide all such services in accordance with the provisions, conditions, and terms hereinafter set forth; and WHEREAS, the parties agree that -se1-ecti-on ' an~contractual engagement___of_ the C;:ONTRACTOR has been made by the COur;TY in accordance with the provls fonsof-tJieconsuTtants ;--CCc,mp-etTt-ive--- Negotiation -Act, Chapter 287. 055,_---.Elorida statJJtes, as applicable, and ~1l Cl~(";U.Ll.lauce--w: t:h +n~ COUNTY' G . pol icy - 01') - '- - competitive selection procE:d~res-"._____~ ~_____ _______________ NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties hereto agree that with the mutual acceptance of this Agreement, as evidenced hereinafter by joint execution of this Agreement, that a contract shall exist between both parties consisting of the covenants, terms, and provisions agreed to as follows: 'I~le COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, (COUNTY) hereby retains the CONTRACTOR to provide environmental monitoring, response, and cleanup/remediation services as outlined in BCC solicitation No. RFP #95-2380, and CONTRACTOR's response thereto, incorporated herein by , refere:'1c8. Any terms and conditions of '.. this contract which vary from those contained in the Solici tation or" CONTRJ\,CTOR' s response shall have precedence. Activities associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 6.2-771 and 62-775, Florida Administrative Code (F.A.C.), Petroleum Contamination Cleanup criteria Rule, Petrolep contamination Site Priority Ranking Rule and Soil Ther Treatment Facilities Rule, respectively. -- -,- ~ ~,,-- i.y:, , JAN 1 2 1999 SECTION I SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contamination site cleanup services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include any or all of the following described work elements: A. Quality Assurance Prior to receiving any site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAP must comply with the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. B. Safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. contamination Assessment Plan (CAP) ---:--.- C. and Init1al Remedial Actions ( IRA) The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site (s) . For each site, the COUNTY will request a cost estimate and work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR's approach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. contamination Assessment . -, Upon approval of the CAP by the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR) . E. Remedial Action Plan (RAP) Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTY may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund sites. -2- -- _.-,~ r-. \ {~ .....~\'.:O;;I" -:;. -~ JAN 1 2 1999 The RAP will include plans and specifications and backup calculations which demonstrate the rationale for the system design. F. Remedial Action Upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from vendors and subcontractors, recommending purchases and awards, overseeing 'construction, supervising system startup, and performing operation and maintenance of the system. Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing site access and obtaining easements, ensuring compliance with all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval by the County, task assign:m~ts may be given for other environmental monitoring, " response, and Cleanup/remediation activities including, but not limited to, contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the applicable Local, state and Federal laws and rules. In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the required services. Notwithstanding any other provision of this contract, the .- CONTRACTOR may, at its ~ole discretion, elect not to participate in a proposed task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the COUNTY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR's liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- -~-_..._------ C r7-'" .. ' : -... C". .....::::~ . . \:44;~~'; ,." . -..;.:...~? JAN 1 2 1999 SECTION II - GENERAL RESPONSIBILITIES OF THE CONTRACTOR The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as ,well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR'S non-performance of site cleanup, Section xv shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the-5ervices are performed. The COUNTY reserves the right to unilaterally cancel ,this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County's disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COUNTY. "SECTION III - GENERAL RESPONSIBILITIES OF THE COUNTY The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for the purpose of providing the services, only, after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- . (~ r-- c , ~ ~ JAN 1 2 1999 The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous ~aste or substances (as defined by sections 403.703(21) and (29), Florida statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR, will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if it undertakes directly to transport, treat, store, or dispose (as defined by section 403.703, Florida statutes and FDEP rules promulgated thereunder) of hazardous ~aste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known health or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTRACTOR shall seek to determine the equitable adjustment (if any) _J~_q be :made to the task assignment. If the parties are unable to agree, the task assignment shall be terminated in accordance with the termination for convenience provision of this contract. The COu~TY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location of such underground structures in accordance with reasonable standard of care. The COUNTY shall give the CONTRACTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C., unless another schedule, which would require more frequent approvals and decisions by the COUNTY, is established by a given task assignment. ' -5- #5;, 0' ~~~~:~ JAN 1 2 1999 SECTION IV - REPORTS Delivery of a task final report may include a technical presentation at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SECTION V - TERM OF AGREEMENT This contract is effective on the date of execution and shall remain in effect until three years from the date of execution, by which date all requirements, including final reports, shall have been completed. section VIII of this agreement will be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to september 30, 1996. Failure to initiate a renegotiation of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. ___ The COUNTY reserves the right to renew this contract for a period of one year or until such time as all outstanding Assignments issued prior to expiration of the one year period have been completed based on the continued satisfactory performance of the CONTRACTOR and the availability of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in writing by both parties and approved, upon recommendation of staff, by the Board of County commissioners. SECTION VI - SUBLETTING The CONTRACTOR shall not sublet, assign or transfer any work under this contract without the prior written consent of the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as approving subcontractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees to be responsible for payment of all monies due under all subcontracts. SECTION VII - COMPENSATION For satisfactory performance, the COUNTY agrees to compensate the CONTRACTOR on either a fixed price or cost reimbursement -6- ~__.__~...___._n_._._.~ -~-"... - --~"._~- F, ~ '...:;:;.; - JAN 1 2 1999 basis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,000 for each CO,unty fiscal year during the contract term. In no event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof" in which the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTPACTOR believes that the service cannot be completed ,for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the e~timated cost for the task assignment has been reached. ~_. It is further understood and agreed that the CONTRACTOR shall not commence work on any task assignment that may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from PDEP without liability for anticipated profits. for unfinished work. SECTION VIII - PAYMENTS The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task assignment, or shall submit invoices accompanied by an executed copy of the task assignment notification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRACTOR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. -7- - ~._'-'- --- . ~B~ ~' -0<.";;,,':.,,. ~;',.~-'./!i ~:~. .'.--' JAN 1 2 1999 A. Salaries/Waqes (Direct Labor) - List personnel involved (by name and personnel ca tegory) , salary rates and hours/time spent on individual project tasks as defined in the work plan. B. Overhead/Frinqe/General and Administrative Costs - All multipliers used (Le. , fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3 " Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that multipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. 1. Frinqe Benefits - Shall be calculated pursuant to FDEP and COUNTY guidelines. 2. Overhead - Shall be calculated pursuant to FDEP and COUNTY guidelines. 3. General and Administrative - Shall be calculated pursuant to FDEP and COUNTY guidelines-- 4. None of the above multipliers will overlap with each other. C. Subcontracts - All subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The COUNTY acknowledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTRACTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (i.e. , travel reimbursements will be authorized in accordance with the travel requirements of the prime CONTRACTOR; drilling subcontracts may be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR) . In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work performed will be sufficient. -8- - -..- c). ~ JAN 1 2 1999 All subcont.ractor multipliers used (Le., t'ringe be:-.efits ., ' overhead, and/or general and adtdnlst.ratlvB rates) shall be supported by audit. If the COUNTY detsr:n1nes that mul t Ipliers charged by any subcontractor exceeded the rates supported by audit, the CON1'RACTOR shall be required to re1~urse such funds to the CO~TY within 30 days ot written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used ~r the COUNTY. Prime CONTR.ACTOR shall negotiate n advanca subcontractor/contract administration cost/tees on a task assignment basis. D. 1ravel - Travel is included in the percentage in Other Oirect Costs, Exhibit III, line 7. 1>.ny other travel expenses and per diem Which are not claimed under or included in Other Direct Costs, Exhibit III, Line 7, ltlust be docut:'.ented by a state of Florida Travel Voucher ~ith appropriate receipts and in accordance with. Section 112.061, F.S. Reirnburse~ent will be only at rates currently allowed state employees. E. EquiPQent - Equipment usage rental rates apply to use in the field only and do not apply to transportation ti~e. The rental rates charged for equipment usage shall be invoiced to the COv"NTY in the most favorable tenT.s (Ee-~, the s\.:;::n of the hourly rental rate for a given day shall not exceed the daily rental rate; the SUlll of the daily rental rate for up to a seven (7) day period shall not exceed the weekly rental rate; the sum ot' the weekly rental rate t'or up to a tour (4) ~eex period shall not exceed the ~onthly rental rate). Y. Other Expenses (Other Direct Costs) - e.g., materials, supplies, long distance phone calls, that are not included in overhead or general and administrative costs, must be docul':'lented by itemizing and including copies of receipts or invoices. . G. ~ - The negotiated ~axi~um fee applicable to task assigTU:\ents under this contract shall be awarded on a task assignment basis not to exceed ~ of total bare labor and project manage~ent.cost. (Included in Exhibit III line 3) H. Retainage - The COUNI'Y reserves the right to establish the amount and application of retainage on a task assicr.~ent basis. A maxi~urn of 10\ from each payrr.ent to the CO~T?~CTOR Ttay be retained pending satisfactory cOlT1pletion of a tasK assignment and approval of all deliverables. The review for approval of the final deliverable(s) will be completed ~ithin sixty (60) days of receipt. The request for payment of reta inage wi 11 be included on the f ina 1 invoice for each tasK. assigmr,ent. The final invoice tor each task assigru:ent wi 11 be submitted after approval of the ! inal de li verable (s) . -9- i I .-.- _.'--~ -,- r- t ~-:::' -/,- JAN 1 2 1999 I. Laboratory Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses., blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. J. Health and Safety - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof, and treated as equipment identified in paragraph E, above. K. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. Purchase of Equipment/Non-Expendable Supplies - Reimbursement for the purchase of equipmentjnonexpendable supplies is subject to specific approval by the COUNTY. Such equipment/non-expendable supplies shall remain the property of the COUNTY and must be returned upon task completion. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually agreed to by both parties. The COUNTY shall pay each invoice in accordance with the requirements of Section 218.70, F.S., as applicable. If the COUNTY objects to all or any portion of any invoice, the COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/or State of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- .b>,- ,-' (~~0" ."!i;g) JAN 1 2 1999 The COUNTY shall pay all satisfactory invoices in accordance with section 218.70, Florida statutes. Three copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Pollution control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX - AUDIT: ACCESS TO RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COUNTY, the state, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. Multipliers used by the CONTRACTOR or its-Sllbcontractors for fringe benefits, overhead, and general and administrative rates may be audited by the COUNTY up to three years after contract termination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall' be responsible for reimbursing the difference to the COUNTY and, if applicable, recovering such monies from its subcontractors. SECTION X MANAGEMENT The COUNTY's Project Manager is G. George Yilmaz, or his designee, telephone number (941) 732-2502. The CONTRACTOR's Project Manager is Dan Shabeldeen I telephone number (813) 622-8727 . All matters shall be directed to the Project Managers for appropriate action or disposition. . - All services shall be performed by the CONTRACTOR to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work within the general scope of the contract (e.g. , specifications, time method or manner of performance, requirements, etc.) . All change orders are subject to mutual agreement of both parties and shall be -11- -, ". ._"--~._~'___..h' .u_." -, ,d2.' . r- ~ - JAN 1 2 1999 evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR's cost, fee, or time shall require an appropri~te adjustment and modification (amendment) to this contract. All documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property of the COUNTY'and may be used by the COUNTY at its sole discretion. However, the COUNTY's use of such materials developed by the CONTRACTOR under this contract on projects, or extension of projects, which are not directly related to the CONTRACTOR's services under a task assignment covered by this contract, shall be at the COUNTY's risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. SECTION XI - TERMINATION A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in part in writing by the COUNTY for its convenience, provided that the CONTRACTOR is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- .'."--- @; ,~ :J.~"1 1~'rF"~, '~."'~.~ \~\.,...., ~:::;''' "'("~':' JAN 1 2 1999 c. If termination for default is effected by the COUNTY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allowed for anticipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable additional costs to the COUNTY because of the CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: 1) promptly discontinue all affected work (unless the notice directs otherwise); and 2) deliver or otherwise make immediately available to the COUNTY all data, drawings, specifications, r.ep.orts, estimates, summaries and such other information and materials as may have been prepared or accumulated by the CONTRACTOR in performing this contract, both completed and in process. E. Upon termination under paragraphs A or B above, the COUNTY may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of the contract price shall be made as provided in paragraph C of this section. SECTION XII - LIQUIDATED DAMAGES TIME IS OF THE ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED. In the event that any CONTRACTOR fails to complete any task assignment on a timely basis, the COUNTY will suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY.  -13- -'--,--~"~ -, /..j~.'il, CI;;;:.~~ r :..:~;.;"!-,,~ e~-<; "~~.-..r JAN 1 2 1999 SECTION XIII - SUSPENSION OF WORK A. The COUNTY may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. B. If the ,performance of all or any part of the work is suspended, delayed or interrupted for an unrea~onable period of time by an act of the COUNTY in administration of a task assignment, or by the COUNTY's failure to act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of perf ormance of a task assignment (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension, delay or interruption to the extent: 1. That performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the CONTRACTOR; or --_. 2. For which an equitable adjustment is provided or excluded under any other provision of this contract. C. The COUNTY shall make payment to the CONTRACTOR of any retainage withheld on a task assignment provided the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII - PAYMENTS. No retainage payment shall be made to the CONTRACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV - CONFLICT OF INTEREST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the County requires that the CONTRACTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR's discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CONTRACTOR of all potentially responsible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the CONTRACTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14- .-..-..-. -,- ,- t~~~ ~~~ ':''';-... JAN 1 2 1999 For the purposes of this section, a CONTRACTOR or CONTRACTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if it has had. such a relationship with a parent or sUbsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full' disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take to avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR's assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION XV - INSURANCE The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage which may arise from operating under this contract wheth~r such operations are by the CONTRACTOR or by anyone employed by the CONTRACTOR, and the amount of such insurance shall, at a minimum, meet the following limits: A. Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. c. Workers' Compensation: Insurance covering all employees meeting statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability: Coverage of $1,000,000. Soecial Requirements: The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- ~_."----- --:- t:: ~:;;, ~_ ~_ ~/~}t/ JAN 1 2 1999 required to meet. The same CONTRACTOR shall provide County with certificates of insurance meeting the req~ired insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the state of Florida shall be included as an Additional Insured on both the ,Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance Certificates. The Insurance Certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only". Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" shall read as follows: Collier County Board of County Commissioners Naples, FL No County Division, Department, or ind~idual name shall appear on the Certificate. No other format will be acceptable. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTRACTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insuranc~J. the CONTRACTOR must notify the COUNTY within five (5) days of the CONTRACTOR's notification from its insurance company. The COUNTY reserves the right to require the CONTRJ>..CTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR's insurance policies. The COUNTY shall reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. . The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the state of Florida and/or the COUNTY. -16- .-;;.. /'0 (;:J~' ~ JAM 1 2 1999 SECTION XVI INDEMNIFICATION The CONTRACTOR, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this docUment, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental-to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONTRACTOR'S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is payment of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall be borne solely by the party whose employee (s) or equipment so ca.u.sed such loss or damage. Loss or damage due to the concurring" acts or omissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss or damage. Upon payment in full to the CONTRACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COUNTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CONTRACTOR in connection with CONTRACTOR's performance of such services. SECTION XVII - FORCE MAJEURE If a force 'majeure event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall beextended for a period equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- "--,-,-. ;;.... I.'~~'*l /:~.' -~ ~ \Z~~~? JAN 1 2 1999 or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTRACTOR, act of the public enemy., war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the CONTRACTOR.: In the event that the CONTRACTOR'S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be required to maintain a field force in standby status in the field for a period in excess of five (5) calendar days. SECTION XVIII THIS AGREEMENT shall be administered on behalf of the COUNTY by the Pollution Control Department. ..-_ SECTION XIX - COMPONENT PARTS OF THIS CONTRACT This Contract consists of the attached component parts, all of which are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP #95-2380, and attachments. SECTION XX IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that this Agreement is subject to annual budget appropriation by the Board of County commissioners. ,'" SECTION XXI - CHOICE OF LAW I FORUM The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall be brought in Collier County, Florida. -18- -"~--^-, tita.@....,,;' ~ ~ JAN 1 2 1999 SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire a,greement and that the parties are not bound by any .- stipulations, representations I agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this Agreement on the date and year first above written. ...., BOARD OF COUNTY COMMISSIONERS ;';'," "':":'" ': COLLIER~~RIDA '~.;,~2":,,'\' 0Jf1- BY:~~~ : . '..EJWjI E.*~ ~HN c. NORRIS , : . . . ," .. Chairman-' . Date: .~ 7 I 96 (SEAL) - ,,:, . 10 . .'1..1' -...._-~ " ERM ~h Inc. " ~ ~ :. I'... '~: ; 1- -_L-':", -..... .. - L. -', ",' .., ", Bye ' _~J_t-F_e~s__Ginny Perrine Signart:ure )of Corporate OffickJ . t. .i -111"a.1t 1G . Paul Gruber, Pres ident Witness Pam Hartmann Typed signature and title CORPORATE SEAL (corporations only) -, Approved as to form and legal sufficiency: ~~J,D Thom s C. Palmer Assistant County Attorney -19- '----------._,.- b ~ ,';;':.:-' JAN 1 2 1999 STATE OF FLORIDA COUNTY OF COLLIER \-\ ILL- S 13> Cfz-'C'1..,C t-\. Before me, the undersigned authority, this day personally appeared PhUL Gt2_(.(;~eY'- and AJIA to me well known and known to me to be PICE 5" /()€::I\J, and N fA respecti vely , of the Corporation named in the foregoing Agreement, and each severally acknowledged - to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; tha t the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 08 day of m A"l Z. L 1-\ , A. D. 1996. 4)1Y-.'7LL 9 LY}// N'qtary Public (') (.' f\,j "..i r'\ s: D 2. C (:;- My Commission Expires: AVe 1-15r 7 ,qCf, I ,......:.:.~.. DO~~'A J OlOG ..~:-!'...~- ., . r.:A :.~ MY ccw.cssn'i , cc 300941 ~,. .''!J EX?l1'IES: ~ 7.1997 GGY/jh6186 -'F..iif.:O;:'$-' Bonded Thlu Nc1ary i"'.:til: ~ -20- -~ ."~,., '.,...>o~"__ .--.----- - - JAN 1 2 1999 AGREEMENT TO EXTEND AGREEMENT FOR CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreement") with Metcalf & Eddy, Inc., a corporation, ("CONTRACTOR") for the Corporation to provide specified support services in connection with the clean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that the COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, the above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, the COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. The Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. 2. All other provision of the Agreement remain the same. > / . ,\"'" ~'Jt~:~\:~~(!i?': .j. , ",~1;;~~!~g<~~,~ BOARD OF COUNTY CO:MMISSIONERS . '. ",. ~"'1~~~~~,,,., COLLIER COUNTY FLORIDA ~.~. ,:':'....'. . ::":~lr....:~;.~~,.t.k..~t...'.p.~.~t.t,..~ _~_ ~ ~ ~ c"- . . . . .,,~., " ,i.!'~ ": '/-z;J..iZ;~- ~7~a By: , .Z1fW(GHTEo BR.oCK, CLERK B - n -~B , ~ ., :,,-~;,~,~,X' : ",;, ' 'C . '. r '. '. ' . D~t~:?-#~ ,.~~/~ / ~ ~y Attest as to Chairman's Signature oo1J_ JAN 1 2 1999 Metcalf & Eddy, Inc. By: (L. S.) Witness Signature of Corporate Officer Witness Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency r;;~ ~ Thorn C. Palmer Assistant County Attorney -- -.-.. - . . ., (f~ ~ v.."..... JAN 1 2 1999 _..~I.o( ~.__..... ~.~ COUNTY BOARD OF COUNTY COMMISSIONERS NT FOR CLEANUP OF CONTAMINATION SITES THIS A~REEMENT made and entered into this 7 T~ day of .- ft/ad -----', J.996, by and ,between th~ ,Board of. c,?ul!ty commis~ners, Collier countx, Flor~da, a pol~t~cal subd~v~s~on of the state of Florida, here~nafter called the COUNTY, and Metcalf & Eddv. Inc. , duly authorized to conduct business in the state of Florida, hereinafter called the CONTRACTOR; WIT N E SSE T H WHEREAS, the COUNTY desires to obtain support services of said CONTRACTOR in connection with its contamination site cleanup program; and WHEREAS, the CONTRACTOR has reviewed the services required by the COUNTY pursuant to RFP #95-2380 and is agreeable to and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions, conditions, and terms hereinafter set forth; and WHEREAS, the parties agree that selection-and contractual engagement of the CONTRACTOR has been made by the COlJNTY in accordance with the provisions of the Consultants, Competitive Negotiation. Act, Chapter 287.055, Florida Statutes, as appllc-abJ.e, . and ~n aCCordance with the COUNTY'S policy' on -- __. _______compe.t_i.ti_y~__,J?_~lection,jJ_rocedures. --~~_.- ._-- ---. -- ~--------._----~-~. --- .--- -_. --~_.. ----.- NOW ,-THEREFORE, in-- .cons idera tion of the mutual covenants, ... --< --- -- .... . .. - that wi th the_.~utt1..a~_ acceptance of this Agreement, as ev~dence hereinafter by joint-execution of this Agreement, that a contract shall exist between both parties consisting of the,' covenants, terms, and provisions agreed to as follows: - The COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, (COUNTY) hereby retains the CONTRACTOR to provide enviromnental monitoring, response, and cleanup/remediation services as outlined in BCC Solicitation No. RFP #95-2380, and CONTRACTOR's response thereto, incorporated herein by reference. Any terms .and conditions of this contract which vary from those contained in the.." Solicitation or CONTRACTOR's response shall have precedence. . . Activities - associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 62-771 and .62-775, . . Florida. Administrative Code (F.A.C.) , Petroleum 'Contamination 'CI~anup Criteria Rule, . Petroleum Contamination site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respectively. -1- ." -- .. .- ---.-... " (Ct. ~' ~:;"r,~; JAM' '2 '999 -,.-~ ._'w -"". ~ -.-~; -. ~- ; SECTION I SCOPE OF SERVICES ~ The CONTRACTOR shall provide petroleum and contamination site cleanup services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include 'any or all of the following described work elements: A. Quality 'Assurance . Prior to receiving any site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality .Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance section. The Comp QAP must comply with the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. B~ safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. ,_. C. 'contamination Assessment Plan (CAP) and Initial Remedial Actions (IRA) The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site(s). For each site, the COUNTY will request a cost estimate and work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR's approach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. contamination Assessment . ,. Upon approval of the CAP by the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR). E. Remedial Action Plan (RAP) Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTY may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund sites. -2- -- -,--~- "_. _.___.e_ , ( \.... ..' .- e ~ JAN':j'2"1999 The RAP will include plans and specifications and backup calculations which ~demonstrate the rationale for the system design. F. .Remedial Action - Upon approval of the, plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from vendors and subcontractors, recommending purchases and awards, overseeing construction, supervising system startup, and performing operation and maintenance of the system. . Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits arid inspections, securing site access and obtaining easements, ensuring compliance with all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval by the County, task assignments may be given , for other environmental moni toring , response, and' cleanup/remediation activities including, b~not limited to, Contamination Assessments, Remedial ; Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the applicable Local, state and Federal laws.and rules. In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the required services. Notwithstanding any other provision of this contract, the CONTRACTOR may, at. its sole discretion, elect not to participate in a proposed task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the COUNTY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR's liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- , ~.,,' ~ & ~ ~~ .,... I J A N 1 2 1999 SECTION II - GENERAL RESPONSIBILITIES OF THE CONTRACTOR The CONTRACTOR is responsible for the professional quality, - technical accuracy, timely completion and coordination of all desiqns, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR'S non-performance of site cleanup, S~ction XV shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants . under similar circumstances at the time the-services are performed. ,. The COUNTY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County's disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COUNTY. SECTION III - GENERAL RESPONSIBILITIES OF THE COUNTY The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for the purpose of providing the services, only after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- , F ~ J AN 1 2 1999 I , The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste or substances (as defined by sections 403.703(21) and (29), - Florida statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR'will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if .it undertakes directly to transport, treat, store, or dispose (as defined by section 403.703, Florida Statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known heal th or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTRACTOR shall seek to determine the equitable adjustment (if any) ,..:teL .be made to the task assignment. If the parties are unable to agree, the task assignment shall be terminated in accordance with the termination for convenience provision of this contract. The COUNTY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location of such underground structures in accordance with reasonable standard of care. The COUNTY shall give the CONTRACTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. . . The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C., unless another schedule, which would require more frequent approvals and decisions by the COUNTY, is established by a given task assignment. -5- ..-- ~.,~ ~ (~ -~ ~~ , ~~'fJ 'tl~/ j AN 1 2 1999 SECTION IV - REPORTS . Delivery of a task final report may include a technical - presentation at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SECTION V - TERM OF AGREEMENT This contract is effective on the date of execution and shall remain in effect until three years from the date of execution, by which date all requirements, including final reports, shall have been completed. section VIII of this agreement will be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to initiate a renegotiation of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. , .--.- The COUNTY reserves the right to renew thIs contract for a period of one year or until such time as all outstanding Assignments issued prior to expiration of the one year period have been completed based on the continued satisfactory performance of the CONTRACTOR and the availability of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in writing by both parties and approved, upon recommendation of staff, by the Board of County commissioners. SECTION VI - SUBLETTING The CONTRACTOR shall not sublet, assign or transfer any work under this contract without the prior written consent of the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as approving subcontractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees to be responsible for payment of all monies due under all subcontracts. SECTION VII - COMPENSATION For satisfactory performance, the COUNTY agrees to compensate the CONTRACTOR on either a fixed price or cost reimbursement -6- ~ ~ _':-..;J!;.:.:l ;~:" JAN 1 2 1999 '\'-.. ~... ; basis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,000 for each County fiscal year during the contract term. In no - event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of cos~ plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTRACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. . It is further understood and agreed that tb~CONTRACTOR shall not commence work on any task assignment that may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from PDEP without liability for anticipated profits for unfinished work. SECTION VIII - PAYMENTS The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task .'" assignment, or shall submit invoices accompanied by an executed copy of the task assignment notification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRACTOR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. - -7- -- ..~". r f-= "@!'" , JAN 1 2 1999 A. Salaries/Waqes (Direct Labor) - List personnel involved (by name and personnel category) , salary rates and hours/time spent on individual project tasks as defined in the work -. plan. B. Overhead/Frinqe/General and Administrative Costs - All multipliers used (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that multipliers charged by the CONTRACTOR exceed'ed the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. 1. Frinqe Benefits - Shall be calculated pursuant to FDEP and COUNTY guidelines. 2. Overhead - Shall be calculated pursuant to FDEP and COUNTY guidelines. 3. General and Administrative - Shall be calculated pursuant to FDEP and COUNTY guidelin~~~ '" 4. None of the above multipliers will overlap with each other. C. Subcontracts - All subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The COUNTY acknowledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTRACTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (Le. , travel reimbursements will be authorized in accordance with the travel "requirements of the prime CONTRACTOR; drilling subcontracts may be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work performed will be sufficient. -8- ~ _.,--_...-_..~ ~_.". - -. ~.~ , ~ ~ ~~ -~ ,~' JANl 2 1999 All subcontractor multipliers used (.i. e., fringe benefits, overhead, and/or general and administrative rates) shall be supported by audi t. If the COUNTY determines that -, multipliers charged by any subcontractor exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. Prime, CONTRACTOR shall negotiate in advance subcontractor/contract administration. cost/fees on a task assignment basis. . D. Travel - Travel is included in the percentage in Other Direct Costs, Exhibit III, line 7. Any other travel expenses and per diem which are not claimed under or included in Other Direct Costs, Exhibit III, Line 7, must be documented by a state of Florida Travel Voucher with appropriate receipts and in accordance with Section 112.061, F.S. Reimbursement will be only at rates currently allowed state employees. E. Eauipment - Equipment usage rental rates apply to use in the field only and do not apply to transportation time. The rental rates charged for equipment usage shall be invoiced to the COUNTY in the most favorable terms (~~~,the sum of the hourly rental rate for a given day shall not exceed the daily rental rate; the sum of the daily rental rate for up to a seven (7) day period shall not exceed the weekly rental rate; the sum of the weekly rental rate for up to a four (4) week period shall not exceed the monthly rental rate). F. Other Expenses (Other Direct Costs) - e.g., materials, supplies, long distance phone calls, that are not included in overhead or general and administrative costs, must be documented by itemizing and including copies of receipts or invoices. G. Fee - The negotiated maximum fee applicable to task assignments under this contract shall be awarded on a task assignment basis not to exceed 10% of total bare labor and project management cost. (Included in Exhibit III line 3) H. Retainage - The COUNTY reserves the right to establish the amount and application of retainage on a task assignment basis. A maximum of 10% from each payment to the CONTRACTOR may be retained pending satisfactory completion of a task assignment and approval of all deliverables. The review for approval of the final deliverable(s) will be completed within sixty (60) days of receipt. The request for payment of retainage will be included on the final invoice for each task assignment. The final invoice for each task assignment will be submitted after approval of the final deliverable(s). -9- .=. F (~' . -- JAN 1 2 1999 I. Laboratory Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses, blanks, and duplicates shall be charged in ~ accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. J. Health and Safetv - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof, and treated, as equipment identified in paragraph E, above. K. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. Purchase of Equipment/Non-Expendable Supplies - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the COUNTY. Such , equipment/non-expendable supplies shall remain the property of the COUNTY and must be returned upon tas.x-completion. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually agreed to by both parties. The COUNTY shall pay each invoice in accordance with the requirements of Section 218.70, F.S., as applicable. If the COUNTY objects to all or any portion of any invoice, the'COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/or State of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- (5f; t~ . ;t.,~ -:fW -.....-; JAN 1 2 1999 . The COUNTY shall pay all satisfactory invoices in accordance with section 218.70, Florida statutes. Three copies of each invoice, including appropriate backup documentation, shall be ~ submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX - AUDIT: ACCESS TO RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract -in accordance with generally accepted accounting principles and practices consistently applied. The COUNTY, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. MUltipliers used by the CONTRACTOR or its subcontractors for fringe benefits, overhead, and general and administrative rates may be audited by the COUNTY up to three years after contract termination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the COUNTY and', if applicable, recovering such monies from its subcontractors. SECTION X MANAGEMENT The COUNTY's Project Manager is G. George Yilmaz, or his designee, telephone number (941) 732-2502. The CONTRACTOR's Project Manager is Stephen Starke, P.G. , telephone number 954-450-5173 . All mat,ters shall be directed to the Project Managers for appropriate action or disposition. All services shall be performed by the'" CONTRACTOR to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work within the general scope of the contract (e.g. , specifications, time method or manner of performance, requirements, etc. ) . All change orders are subject to mutual agreement of both parties and shall be -11- - --_. ~ ~.;'~ 0" i ". ''-<OJ L"'..,>v \ . ';f - J A N 1 2 1999 evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR's cost, fee, or time shall require an appropriate adjustment and modification (amendment) to this . contract. . All documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COUNTY at its sole discretion. However, the COUNTY's use of such materials developed by the CONTRACTOR under this contract on proj ects, or. extension of projects, which are not directly related to the CONTRACTOR's services under a task assignment covered by this contract, shall be at the COUNTY's risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicitor secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resul ting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without lia'~lity and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or 'consideration. SECTION XI - TERMINATION A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an"opportunity for consultation with the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in part in writing by the COUNTY for its convenience, provided that the CONTRACTOR Is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- -.---- --.., . ~ ~ JAN 1 2 1999 c. If termination for default is effected by the COUNTY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allowed for -, antic~pated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR a t the time of the termination may be adjusted to cover any reasonable addi tional costs to the COUNTY because of the CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: 1) promptly discontinue all affected work (unless the notice directs otherwise); and 2) deliver or otherwise make immediately available to the COUNTY all data, drawings, specifications, reports, estimates, summaries and such other information and--materials as may have been prepared or accumulated by the CONTRACTOR in performing this contract, both completed and in process. E. Upon termination under paragraphs A or B above, the COUNTY may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of the contract price shall be made as provided in paragraph C of this section. SECTION XII - LIQUIDATED DAMAGES TIME IS OF THE ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED. In the event that any CONTRACTOR fails to complete any task assignment on a timely basis, the COUNTY will suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY. -13- --'-."-- @" . ~ ~ .~. J AN 1 '2. 1999 SECTION XIII - SUSPENSION OF WORK A. The COUNTY may order the CONTRACTOR in writing to suspend, ~ delay' or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. B. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment,' or by the COUNTY's failure to act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by' such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension, delay or interruption to the extent: 1. That performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the CONTRACTOR; or 2. For which an equitable adjustment is .~ovided or excluded under any other provision of 'this contract. C. The COUNTY shall make payment to the CONTRACTOR of any retainage. withheld on a task assignment provided' the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII - PAYMENTS. No retainage payment shall be made to the CONTRACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV - CONFLICT OF INTEREST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the County requires that the CONTRACTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR's discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CONTRACTOR of all potentially responsible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the CONTRACTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14- .----~ -..-...,-, ".-- ~ /00'\ ~ ~ ~ ~"'~ JAM 1 2 1999 For the purposes of this section, a CONTRACTOR or CONTRACTOR's subcontractor may be deemed to have had a business relationship with one of the potentially rssponsible parties if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full'disclosure shall include a description of the action that the CONTRACTOR has taken or proposes .to take tp avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR's assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION XV - INSURANCE The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage which may arise from operating under this contract whet~ such operations are by the CONTRACTOR or by anyone employed by the CONTRACTOR, and the amount of such insurance shall, at a minimum, meet the following limits: A. Comprehensive General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limi t for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability: Coverage of $1,000,000. Special Requirements: The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- ~. t..:r~'$~' ._,_ ..\......:w '.~.l~~ ' -:v t,:~;:~ . j AN 1 2 1999 required to meet. The same CONTRACTOR shall provide county with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the state of Florida shall be included as' an Additional Insured on both the Comprehensive General Liability and Business Auto Liabi,lity Policies and so noted on the Insurance certificates. The Insurance certificates shall also state the following: "These coverages are pr imary to all other-coverages the County possesses for this contract only". Collier county Board of county Commissioners shall be named as the certificate Holder. NOTE--The nCertificate Holder" shall read as follows: Collier county Board of County Commissioners Naples, FL No County Division, Department, or individual name shall appear on the certificate. No other f~rIDat will be acceptable. current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTRACTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insurance, the CONTRACTOR must notify the COUNTY within five (5) days of the CONTRACTOR's notification from its insurance company. The COUNTY reserves the right to require the CONTRACTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR's insurance policies. The COUNTY shall reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the state of Florida and/or the COUNTY. -16- ___ ___.___ ___._ ..__.._..,eN :-":" c:, JAN 1 2 1999 SECTION XVI INDEMNIFICATION The CONTRACTOR, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental 'to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONTRACTOR'S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is payment of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall be borne solely by the party whose employee (s) or equipment so caus-ed such loss or damage. Loss or damage due to the concurring' acts or omissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss or damage. Upon payment in full to the CONTRACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COUNTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CONTRACTOR in connection with CONTRACTOR's performance of such services. SECTION XVII - FORCE MAJEURE t". If a force maj eure event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify-the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall beextended for a period equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- - ~ /' " ~ ~~;'t? ,IAN' 1 1999 I or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTRACTOR, act of the ~ pUblic enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not. reasonably within the control of the CONTRACTOR. ' In the event that the CONTRACTOR'S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of. the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be required to maintain a field force in standby status in the field for a period in excess of five (5) calendar days. SECTION XVIII THIS AGREEMENT shall be administered on behalf of the COUNTY by the Pollution Control Department. '"_ SECTION XIX - COMPONENT PARTS OF THIS CONTRACT This Contract ,consists of the attached component parts" all of which are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP #95-2380, and attachments. SECTION XX IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that this Agreement is subject to annual budget appropriation by the Board of County commissioners. SECTION XXI - CHOICE OF LAW/FORUM ." The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall be brought in Collier county, Florida. I -18- ---.., -. -." e e J AN 1 'l 1999 SECTION XXII - ENTIRE AGREEMENT . It iS,hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any -- stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITN~SS WHEREOF, the CONTRACTOR and the COUNTY, have each, _ respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this Agreement on the date and year first above written. . . , ~ t . . . . , . . , . . ,,~ -. "~.' ~':' : :~.~ . .... 'ATTEST:'.. ..~ "'-';~~~i:jB · ~cR" Ci':r/[Jr1. ': , . Date: -57 7 /7'~ < (SEAL) ,". ' , " . , .....---- ,.1..... \., ~ I Metcalf & Eddy. Inc. ~,' ~ =_~__ '-.. .' . {;;~f< By: .' -~.' ~ n ~ ..... ess .. .... ..... _.nn_-.---~fncorPOI:ate_.____ Officer ._n__nn~_=__: /~ .t&b~r NAf<l~E . ~"<'<E Pr~.-J€$ Witness? Typed signature-and title CORPORATE SEAL (corporations only) .- ", , 'J .." ........-.. . Approved as to form and -','. legal sufficiency: . -,. .. -j(rP>r, eJ---- .... . Thomas C. Palmer -" Assistant.CountYcAttorney -19- -~"---~'"'''--'''-~ --.'-----.- ~ ~\ .;'';<;' ~" ~";~,~~il ,,, ~' ~,i . JAN 1 2 1999 STATE OF FLORIDA COUNTY OF COLLIER ~ Before me, the undersigned authority, this day personally appeared Michael Nardone and to me well known and known to me to be Vice-President and respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such .Agreement, on behalf of and in the name of said corporation as such off icers ; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereUn~y hand and affixed my official seal this )...y--tA day of , A. D. 1996.' . as:f)~ ~ No.t.ary Public My Commission Expires: ,,~~~~ DIANE CEHTlMOlE N&:-~ flY COMMISSION' cc 268M ;.:~ ~ EXPIRES: AprlI2, 18i7 "~,,\i..h.f~ Bandtd Thnl ,.,..,. NIle l.hdIIwrllIn GGYjjh6186 . -- - -20- - .--"---.--. -_. .--' _...~ JAN 1 2 1999 AGREEMENT TO EXTEND AGREEMENT FOR CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreement") with Ecology and Environment, Inc., a corporation, ("CONTRACTOR") for the Corporation to provide specified support services in connection with the clean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that the COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, the above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, the COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. The Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. 2. All other provision of the Agreement remain the same. ATTEST: BOARD OF COUNTY COMMISSIONERS \.,' L t .i.-./, COLLIER COUNTY, FLORIDA 'v BY:~~~~ ': (/ i~~~I~~~c~:e J' , .,." - . .... - < D,ate:~j,,//? ,?~ '.' F o. , ....,.1_ \,' . . ~ ~,. Attest as to Chainwa's signature onl.,_ -~ Ecology and Environment, Inc. (j)~~cf{ov-ld'$ , (L. S.) By: C' tite of Corporate Officer Witness JJ)d$ ~ ~ James B. Collins, Vice President Witness Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency ~ ~lJM----- 111M Thom~ C. Palmer Assistant County Attorney ~_.._--- .~---~,. ,J ~ €I'" ,j F.w...:. .,..-;!I- I '{<.j .. .~ _, -.~ , \:--,,' , . J A N 1 2 1999 - ......, ".~ I, _ , ._. J .:.. J COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR CLEANUP OF CONTAMINJUltOlCsUE$: I: 12 . ~GREEMENT, made and entered into tlD:s'. ::?~~!da1t:Of .. ..., 1996, by and between the Board of County Commis~rs, Collier count~, Florida, a political subdivision of the ~tate of Florida, here1nafter called the COUNTY, and Ecoloqy'''''and' ,Environment. Inc. , duly authorized to conduct business--- in - the State of Florida, hereinafter called the CONTRACTOR; WIT N E SSE T H :,,~ WHEREAS, the COUNTY desires to obtain, support services of said CONTRACTOR in connection with its contamination site cleanup program; and WHEREAS, the CONTRACTOR has reviewed the services required by the COUNTY pursuant to RFP #95-2380 and is agreeable to and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions, conditions, and terms hereinafter set forth; and ., WHEREAS, the parties agree that selection-and contractual engagement of the CONTRACTOR has been made by the CDtJNTY in accordance with the provisions of the Consultants, Competi ti ve Negotiation Act, Chapter 287.055, Florida Statutes" as applicable, and in accordance with the COUNTY!.s-"'~ll~__ competitive selection procedures. - -- -- ~-~- ~ . - - ~ ~ - - --- -- -.--. ,.- --- -----~- -_.~ -_._-~._-_._._.- NOW, THEREFORE, in consideratiori of the mutual covenants, terms, and prov;!':: in,,!':: I""nnt-i'l; "pnnprp;", t-hp prlTt i ~~--Fi~T~Q agr~~ that with the mutual 'acceptance of thIs Agreement, as ev iden~ed ,-- hereinafter by j oint execution of this Agreement', -that' -a- contract-- shall exist. between both parties consisting of the covenants, terms, and provisions agreed to as follows: ... .' , The COLLIER COUNTY BOARD OF CpUNTY' COMMISSIONERS, (COUNTY) hereby retains the CONTRACTOR to, provide enviroru:lental monitoring, response, and cleanup/remediation services as outlined in BCC Solicitation No. RFP #95-2380, and CONTRACTOR's response thereto, incorporated herein by reference. Any terms and conditions of this contract which vary from those contained in the Solici tation or CONTRACTOR's response shall have precedence. Activities associated with site cleanup will be performed in accordance with the provisions of Chapters 62 -77 0, 62-771 and 62-775, Florida Administrative Code (F .A. C. ) , Petroleum Contamination Cleanup' .Criteria Rule, ,. Petroleum' contamination Site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respectively. -1- ) -- - _ ~. .,..~_ ......'....,..._~ _._..~_...:.......'. .... "J...., ~. " '" r ._";'" . ,~~~~:-.u.~(':,~;..:~;;.,,;;..;:.;..,..;:,,.:.::...;;~--,~.......L.:.:.;.~"'.~::.::'::..-:~:::::"'"'''''<~'~-;:~'?'...~~~t!:""-"''''('''--:.:r.:.-?::;r'''-:'U'..'"ii r ~..''''~~~~~ , , ~ ~ ~' - JAM 1 2 1999 " ' ~,-,......' ,. '.'<;0,..' l'-~I SECTION I SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contamination site ~ cleanup' services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, 'Which may include any or all of the following described 'Work elements: A. Quality- Assurance . Prior to receiving any site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAF must comply with the FOEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. B. Safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. c. contamination Assessment Plan ( CAP) and In'x"t-ial Remedial Actions (IRA) The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site (s) . For each site, the COUNTY will request a cost estimate and work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR's approach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. contamination Assessment .'''' Upon approval of the CAP by the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR) . E. Remedial Action Plan (RAP) Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the site Remediation Levels (SRL's) specified in Cha.rter 62-770, F.A.C. In some cases, the COUNTY may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund Sites. -2- -- -"_..~ ~_._- ~--~~- . 0 ' . . JAM 1 2 1999 The RAP will include plans and specifications and backup calculations which demonstrate the rationale for the system design. ~ F. Remedial Action Upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from vendors and subcontractors, recommending purchases and awards, overseeing. construction, supervising system startup, and performing operation and maintenance of the system. Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing site access and obtaining easements, ensuring compliance with all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval by the County, task assignments may be given for other environmental moni toringr--- response, and cleanup/remediation activities including, but not limited to, Contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the applicable Local, State and Federal laws and rules. In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the required services. Notwi thstanding any other provision of this contract, the CONTRACTOR may, at its sole discretion, elect not to participate .'- in a proposed task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the COUNTY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR's liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- -'-'._-_.~ -- - ---.....-....--.------------ -- ----. 'IJ: .-:~-.:-~:..._.,~;..~ (I . I ~ tt\ ~ 2 1q99 ,,~ SECTION II - GENERAL RESPONSIBILITIES OF THE CONTRACTOR The CONTRACTOR is responsible for the professional quality, ~ technic~l accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR'S non-performance of site cleanup, Section XV shall be reviewed for its applicability. . The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants . under similar circumstances at the time the services are performed. .- ,. The COUNTY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County's disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COUNTY. SECTION III - GENERAL RESPONSIBILITIES OF THE COUNTY . - ."~ The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for the purpose of providing the services, only after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- - _",.. H__'__"_ -.-."--..,. .-..-........ .--- ~ r-- s~, {,,,;'!f!:? .IAN 1 2 1999 . -:"\;,;" . The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste or substances (as defined by Sections 403.703(21) and (29) , - Florida Statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposa I of said hazardous waste or substances. The CONTRACTOR, will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if ~t undertakes directly to transport, treat, store, or dispose (as defined by section 403.703, Florida statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known health or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTRACTOR shall seek to determine the equitable adjustment (if any) ,.to- be made to the task assignment. If the parties are unable to agree, the task assignment shall be terminated in accordance with the termination for ,convenience provision of this contract. The COUNTY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location of such underground struc.tures in accordance with reasonable standard of care. The COUNTY shall give the CONTRACTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C. , unless another schedule, which would require more frequent approvals and decisions by the COUNTY, is established by a given task as'signment. -5- ---- --,..._.~ ..,. ---~ - - -- - - . 1 2 1999 q__, ~~ JAN ~:-:.:.~. v~ SECTION IV - REPORTS Delivery of a task final report may include a technical - present,at ion at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SECTION V - TERM OF AGREEMENt This ~ontract is effective on the date of execution and shall remain in effect until three years from the date ot execution, by ~hich date all requirements, including tinal reports, shall have been completed. section VIII of this agreement vill be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to initiate a renegotiation of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. I ...-. The COlJ"NTY reserves the right to rene,. this contract for a period of one year or until such time as all outstanding Assignments issued prior to expiration of the one year period have been completed based on the continued satisfactory performance of the CONTRACTOR and the ava i labil i ty of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in \o/Titing by both parties and approved, upon recommendation of staff, by the Board of County cOITllTlissioners. SECTION VI - SUBLETTING The CONTRACTOR shall not sublet, assign or transfer any work under this contract 'Wi'Ehout the prior written consent of the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as approving subcontractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees to be responsible for payment of all monies due under all subcontracts. SECTION VII - COMPENSATION For satisfactory performance, the COUNTY agrees to compensate the CONTRACTOR on either a fixed price or cost rei~bursernent -6- ~---_.~.._.,.- -~--" ,...... ,~ JAN 1 2 1999 I ,~ , ~ ~ 1.:,. .. - ~~--: basis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,000 for each County fiscal year during the contract term. In no - event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of co~t plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTRACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which ( 1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and agreed that ~p~CONTRACTOR shall not commence work on any task assignment that may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from FDEP without liability for anticipated profits for unfinished work. SECTION VIII - PAYMENTS The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task assignment, or shall submit invoices accompanied by an executed copy of the task assignment notification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRACTOR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. -7- -_. --- "".,.____.._.__,. OM ..- -~_..,." .--------. ---~- ~-~-.~-- -.---.. ._________~- u_.__~__~_'__. ~ ~ fi;~: ~) JAN 1 2 1999 ...~.;. . A. Salaries/Wages (Direct Labor) - List personnel involved (by name and personnel category), salary rates and hours/time spent on indi vidua 1 proj ect tasks as def ined in the work - plan.' B. Overhead/Frinqe/General and Administrative Costs - All multipliers used (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. It the COUNTY determines that mul tipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. 1. Fringe Benefits - Shall be calculated pursuant to FDEP and COUNTY guidelines. 2. Overhead - Shall be calculated pursuant to FDEP and COUNTY guidelines. 3. General and Administrative - Shall be calculated pursuant to FDEP and COUNTY guideline~r- 4. None of the above multipliers will overlap with each other. C. Subcontracts - All subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The COUNTY acknowledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTRACTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (i.e., travel reimbursements will be authorized in accordance with the travel requirements of the prime CONTRACTOR; drilling ,-- subcontracts may be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work performed will be sufficient. -8- -. - :....- . __"...._..__~.. _.~.,..._T""--"'-------"" ~, A ~ ~~) 1 " ~ \ 6 ~\ ? 1Q99' Idl "Jbcontra-::tor jTlu1tipli~rs \.is~d (i..., fr1r.;e benefits - overhead, and/or ger.er~1 and a1dniatrativ8 rates) shall b~ supported by audit. If the COWTY determines that lnul tlpliers charqed by any ,uDconlractor e)(ceeded the rlllte8 luppoctltd by bud 1 t, the CCN"I"RACTOR ,ha 11 b. req\J1 red to rei~UII. such runds to tht COUNTY withIn 30 days or written noti t ic~t1on. Inte r~6t on the exceuI va charges sha 11 be calC'Ulated based on the prevailinq rate used br the COUNTY. Prime CON'r'RACTOR shall neqothte' n advance subcontractor/contract administration cost/taes on a task asslqn~ent basi,. o. Travel - Travel is included in the p.rcentaq. in Other Oirect Costs, Exhibit III, line 7. Any other travel expenses and per die:a Which are not claimed under or included in Othar Direct Costs, Exhibit Ill, LiMe 7, 7llu,t be docut'ented by a. state of florica Travel Voucher ~lth ~~proprlate reca1pts and in accordance ',.lith. Section 112.061, F.S. ~eiiTlburse,:!.ant \iill be only at rates currently allo~ed state employees. E. rou1o~ent - E~J1p~ent usage rental rates apply to use in the field only and do not apply to transportat~on tb.e. The rental rates charged for eq~ip~ent us~;e shall be i~v?iced to t~e COL.-:<TY in the i-'ost favor3b1e te-r::-,s"-:-(-!-.e. (the S:.;::-. of the hourly rental rate for a given day sh~ll'not exceed the daily rental rate; the gU~ of the daily rental rate for up to a seven (?) cay period shall not exceed the ~eekly rent~l rate; the s \U 0 t the ...' e ex 1 y r .? n tal rat e for \.l p t 0 a r 0 u r (4)'..... e e): Feriod shall not exc~ed the ~onthly rer.tal rate). f. Other Expecses (Qther Direct Costsl - e.g., ~aterials, supplies, long dis~ance pho~e calls, t~!t are not 1nc1uded in o'..arhead or general and adJTlinistrative costs, r.'..:st ce Q,)c\.l;:\ented by ite;llizing and including copies of' rece:'Ot3 or invoices. . G. I-e~. r~e r.~9ctiate1 ~axi~um fee app1ic3ble to task assigr.=.ents under this contract sha 11 be a'warded on a task assigr~ent basis not to exceed ~ of total bare labor ana project mar.a9~~ent cos~~ (Included in Exhibit III line 3) H. F~ta1na9-e - The CCl."N!'i reserves the right to establish the ~::Iount and application of retainage on a taSK assSgr.~ent. 1:os15. 'A )"'.axir.UJt', of 10\ [rom each pay;r.~nt to the CC~7?.ACTOR r.ay be retair.e-d p>?nding satisfactory co:r,pletion of a task assiqn~ent and approval of all deliv&~ables. The revie~ for apprcval of the tir.al celiverable(s) ....i11 be cO!:lpleted within sixty (60) days of :receipt. 'The r€-"{IJest for pai~,ent of retair.age ....ill be includ~d on the fir.al inVOice Cor each taSK assign!:',02nt. The final i]jvoice for each taSK ass19jJ:.ant '.,-ill be s\.:bmitted after aj:?roval of t:;e final deli .,' era l:: 1 e ( s) . .9- --. ".,---~". _.--_.----~-- ~._.., ~ 1 .~. [..'.'" '~2\7 '<it~' J AN 2 1999 , I. Laboratory Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses, blanks, and duplicates shall be charged in - accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. J. Health and Safety - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof, and treated, as equipment identified in paragraph E, above. K. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. Purchase of Equipment/Non-Expendable Suoplies - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the COUNTY. Such equipment/non-expendable supplies shall remain the property , of the COUNTY and must be returned upon ta&K- completion. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually agreed to by both parties. The COUNTY shall pay each invoice in accordance with the requirements of Section 218.70, F.S., as applicable. If the COUNTY objects ~9 all or any portion of any invoice, the COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/or state of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assigrnnents shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- _._._ u_ __.._,_ ---~--~._-_._.-- ~., ~ JAM 1 1. 1999 iZ.i ~-- The COUNTY shall pay all satisfactory invoices in accordance with section 218.70, Florida Statutes. Three copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX - AUDIT: ACCESS TO RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COUNTY, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. Multipliers used by the CONTRACTOR or its subcontractors for fringe benefits, overhead, and general and adm.i.nistrative rates may be audited by the COUNTY up to three years after contract termination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the COUNTY and,- if applicable, recovering such monies from its subcontractors. SECTION X MANAGEMENT The COUNTY's Project Manager is G. George Yilmaz, or his designee, telephone p~mbe~ (941) 732-2502. The CONTRACTOR's pr_oa1e~t Ma~ager is R1C Ru Y , telephone number ';j <<-)74-14 0 . All matters shall be directed to the Project Managers for appropriate action or disposition. All services shall be performed by the CONTRACTOR .to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The. COUNTY may at any time, by written order designated to be a change order, make any change in the work within the general scope of the contract (e.g. , specifications, time method or manner of performance, requirements, etc. ) . All change orders are subject to mutual agreement of both parties and shall be -11- -- --_.~- '-'."---~- -_..__..._--~.-_......-..-, -, - ~ ~ JAN 1 2 1999 f--- evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR's cost, fee, or time shall require an appropriate adjustment and modification (amendment) to this contract. All documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COUNTY at its sole discretion. However, ~he COUNTY's use of such materials developed by the CONTRACTOR under this contract on projects, or, extension of projects, which are not directly related to the CONTRACTOR's services under a task assignment covered by this contract, shall be at the COUNTY's risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, cOInlIlission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. SECTION XI - TERMINATION A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 1) not less than ten (10) calendar days written notice ( delivered by certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity.tor consultation with the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in part in writing by the COu~TY for its convenience, provided that the CONTRACTOR is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- .._.._.~-- ~ (0' \J"',";i...,-4 JAN 1 2 1999 1ft? j --...;~ '( ~,,;, C. If termination for default is effected by the COUNTY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allo~ed for anti~ipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable additional costs to the COUNTY because of the CONTRACTOR's default. If termination for default is effected by the CONTRA,CTOR, or if termination for convenience is effected by the COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: 1) promptly discontinue all affected work (unless the notice directs otherwise); and 2) deliver or otherwise make immediately available to the COUNTY all data, drawings, specifications, reports, estiwates, . summaries and such other information and materials as may have been prepared or accumulated by~the CONTRACTOR in performing this contract, both completed and in process. E. Upon termination under paragraphs A or B above, the COUNTY may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of the contract price shall be made as provided in paragraph C of this section. SECTION XII -''"LIOUIDATED DAMAGES TIME IS OF THE .ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED. In the event that any CONTRACTOR fails to cOwplete any task assignment on a timely basis, the COUNTY will suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY. -13- - -,---- -,..-.-'" .-_. ,......,.-. ~-------~---_. " -- ._---- - ~_.- -.-,--.--.--.--.-- -..- -----.- -- ~-_. --. ___.0.,.-' __~.____. (' ~. JAN 1 2 1999 - , SECTION XIII - SUSPENSION OF WORK A. The COUNTY may order the CONTRACTOR in writ ing to suspend, - delay or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. B. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment, or by the COUNTY's failure to 'act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension, delay or interruption to the extent: 1. That performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the CONTRACTOR; or 2. For which an equitable adjustment is ~~vided or excluded under any other provision of this contract. C. The COUNTY shall make payment to the CONTRACTOR of any retainage withheld on a task assign~ent provided the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with section VIII - PAYMENTS. No retainage payment shall be made to the CONTRACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV - CONFLICT OF INTEREST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the County requires that the CONTRACTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR's discovery of a potential conflict-of-interest and make such continuing disclosure throughout .the term of the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CONTRACTOR of all potentially responsible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the CONTRACTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14- - . -----.. ---~-_.- ---" ~ (.~ JAN 1 2 1999 'f"~ \~,:..t7' For the purposes of this section, a CONTRACTOR or CONTRACTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if - it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take ~o avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR's assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION XV - INSURANCE The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage which may arise from operating under this contract whetb~r such operations are by the CONTRACTOR or by anyone employed by the CONTP~CTOR, and the amount of such insurance shall, at a minimum, ~eet the following limits: A. Comorehensive General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and .- Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Comoensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability: Coverage of $1,000,000. Soecial Requirements: The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- ,-,,~~ -_.,,,._,..~"._. --~- <.- -..------.--..-..- ~ Gi~ JAN 1 2 1999 required to meet. The same CONTRACTOR shall provide County with certif icates of insurance meeting the required insurance provisions. _ The insurance certificate must state the RFP Number and Title. Collier County and the state of Florida shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability policies and so noted on the Insurance certificates. The Insurance certificates shall also state the following: tlThese coverages are primary to all other-coverages the county possesses for this contract only". Collier County Board of County Commissioners shall be named as the certificate Holder. NOTE--The "Certificate Holder" shall read as follows: Collier county Board of County Commissioners Naples,FL No county Division, Department, or individual na~e shall appear on the certificate. No other format will be acceptable .---- Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTRACTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insurance, the CONTRACTOR must notify the COUNTY within five (5) days of the GONTRACTOR's notification from its insurance company. The COUNTY reserves the right to require the CONTRACTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR's insurance policies. The COUNTY shall reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the, best interest of the state of Florida and/or the COUNTY. -16- - ~.. ~: '=r JAN 1 2 1999 SECTION XVI INDEMNIFICATION The CONTRACTOR, in consideration of Ten Dollars ($10.00), the - receipt qnd sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental, to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONTRACTOR'S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is pay-=ent of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall be borne solely by the party whose employee(s) or equipment so caused such loss or damage. Loss or damage due to the concurring~acts or o~issions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss or damage. Upon payment in full to the CONTRACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COUNTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CONTRACTOR in connection with CONTRACTOR's performance of such services. SECTION XVII - FORCE MAJEURE If a force maj eure event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall beextended for a per iod equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- "~.._--_.,..._-----" . , , Ffd' /.... ,"P"""'" .....~j.,.-~ , . I", -... ~ . ~~~ JAN 1 2 1999 "~-::'" or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTRACTOR, act of the -, public enemy, ~ar, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, ~hich is not reasonably within the control of the CONTRACTOR,. In the event that the CONTRACTOR'S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated ~ith maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be required to maintain a field force in standby status in the field for a period in excess of five (5) calendar days. SECTION XVIII THIS AGREEMENT shall be administered on behalf of the COUNTY by the Pollution Control Department. ...--. SECTION XIX - COMPONENT PARTS OF THIS CONTR~CT This Contract consists of the attached component parts, . all of ~hich are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP 195-2380, and attachments. SECTION XX IT IS FURTHER UNDERSTOOD AND AGREED, by and bet'...een the parties herein that this Agreement is subject to annual budget appropriation by the Board of County Commissioners. SECTION XXI - CHOICE OF LAW/FORUM ...... . - The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall be brought in Collier County, Florida. -18- -- -." ----,,_..,...~- _.._-----_.~ ----. ~ C ~~: ~ ,,- ..-..,.- JAN 1 2 1999 SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this Agreement on the date and year first above written. . BOARD OF COUNTY COMMISSIONERS , "".... COLLIER COUNTY, FLORIDA , ATTEST: ..:'::c~ BY:~~ -. &.~~ ~ ~()~ -DWIGHT E. BRoe , "C.l%fk/ /-7' JOHN C. NORRIS , , I ' '_, .' Chairman 'Date: - 'S/ 7 / t?? (SEAL) ,.' .. "'-:- - - - Ecology and Environment ~ - ~ -- -- - -~- -- - --~-------- ~ . .. - B .-- '.', - ~i----- Witness. t~ature. _ a4L/ ~. James B. colli~S. V~ce President ;"'h" Witness Typed signature and title CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: ~~C. pJ--- - Tomas C. Palmer Assistant County Attorney -19- ~ ~-, . ~ JAN 1 2 1999 SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states .- the entire agreement and that the parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and theuCOUNTY, have each, respecti vely I by an authorized person or agent, her,eunder set their hands and seals on duplicate originals of this Agreement on the date and year first above written. . .. BOARD OF COUNTY COMMISSIONERS , . 'J,'.... COLLIER COUNTY, FLORIDA .:';~~~~f) BY~~ -DWIGHT E. BROC, .1prk/ -.._~ t:'- JOHN C. NORRIS, . '. ( _. ,.' . Chairman ( 'Date: - '6/ 7 / t?~ (SEAL) ,.,' '" '.--__ " -- -.- Ecoloqy and Environment . . ~~t~~~s------ , .~~:- . ..-.... ..._.~ a/I~~> · W~~ I' -james B.- C~~li~~-.-~-i-;e preSident>Ph. Witness Typed signature and title CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: ~~r. e~ - Tomas C. Palmer Assistant County Attorney -19- , r e ~~~ JAN 1 2 1999 STATE OF FLORIDA NEW YORK COUNTY OF COLLIER ERIE Before me, the undersigned authority, this day personally appeared James B. Collins and Ronald L. Frank to me well known and known to me to be Vice President and Corporate Secretary respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and.that this Agreement is the free act and deed of said corporation. IN. W!TNESS WHER.EOF! I..L,. have her~ It my hand and affixed my off~c~al seal th~s j.~ day of , , A.D. 1996. ~J. PrDti'UI "- ~ 2latr:l....,. " ~~__:dnE:it~ : ~ ""9 ~~ E.J;:n. ~... "'1...1. Notary Public , ....--. My GGY/jh6186 ,.,~ - -20- ~._,"---_.~-'_. -..- _.~"_..- .. ---_._--~-- -----~.__....- January 12, 1999 Item #16A5 SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 85-233 Page 117 ---- ~._- JAM 1 2 1999 ! This instrument prepared by: FOR CLERK'S USE ONL Y Heidi Ashton ttt 2420777 OR: 2502 PG: 0358 tt Office of the County Attorney RICORDID in OPlICIAL RICORDS of COLLIIR COUl!Y, lL 3301 East Tamiami Trail 01/14/99 at 09:11AK DVIGH! I. BROCI, CtlRl Naples, Florida 34112 RIC FBI &.00 (941) 774-8400 COPIBS 1.00 Retn: Property Folio No. 56803520003 CLIRI !O !HI BOARD IRTBRO!!ICI 4'H !LOOR II! 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 85-233 against: Miazga Adela 14123 Hoover Ave. Jamica, NY 11435-1109 The lien was recorded on December 13, 1985 Official Record Book 1168, Page 2386, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of one hundred fifty dollars (150.00), plus accrued interest and penalties, if any, and imposes certain obligation against rea,1 property situated in Collier County, Florida, which property is described as follows: Marco Beach Unit 2, Block 66, Lot 19 REFERENCE: Folio #56803520003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this / do ~ day of ~ ,1999. ,;,.I\",~" .",;,;~ . ,,' i\~}'" ..~HJ"(j' ';~"'" "~ ",I: .~~)j\:~j, ',' A TTEST-, !~;' ,'~fp;'~J\",(, BOARD OF COUNTY COMMISSIONERS .," . . '.. ." . -. '.t.'.' . ~-:":.~?;:';~'G:.".'\ :~'-:::: , ~WIGHT EBR0Gf(C:Clerk COLLIER COUNTY, FLORIDA l~;~~~V}:" .....;)~~1,~;':~ . BY~~~,~ '~~'~;~"~~.;;iw ~ .J ~.fI. , ;I"(~;;; ", . ,." Attest;;'af'fo 1'Ch~traaan · s Chairman s1gnature on1J. ~~ ~pp~s to 1 .__ _-------- CLt- ,.,,'- ,. . , " - '.....;-- ~' . ..~:-. C,,>,.I .-:.~! ;', ,,:"':'_; ,., . January 12, 1999 Item #16A6 SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 98-149 Page 118 . ..,.',",- ."._,~~.~-- ---,_.., - JAN 1 2 1999 I This instrument prepared by: FOR CLERK'S USE ONL Y Heidi Ashton *** 2420776 OR: 2502 PG: 0357 **1 Office of the County Attorney RlCORDID in OPPICIAL RICORDS of COLLIIR COU.", 'L 3301 East Tamiami Trail 01/14/99 at 09:161K DWIGH! I. BROCI, CLIRI Naples, Florida 34112 RIC .11 6.00 (941) 774-8400 COPIBS 1.00 Retn: Property Folio No. 5719256003 CLIRl !O !HI BOARD IIURo.nCI UH PLOOR II! 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 98-149 against: Fleet Mortgage Corporation P.O. Box 1169 Milwaukee, WI 53201 The lien was recorded on June 22, 1998 Official Record Book 2432, Page 2524, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of two hundred forty five dollars plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 9, Block 62, Golden Gate Unit 2, Part 2, According to the Map of Plat thereof as recorded in plat book 7, pages 66 through 67, of the Public Records of Collier County, Florida. REFERENCE: 70923-034 35880360003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action.of~~~.~~~~~this /~~ day Of~--H417- ,1999. ,'-', ' : '-~:~'~~~}" . ,....~,~ l~ :.. ,..:,:~. '-,".;, t. 'f! ATTEST' ' ~;; '1~;Y~f BOARD OF COUNTY COMMISSIONERS ' .~- '~i_,~ ' :~~:'kt~~, DWI~HT E. BRQCK:~;Clerk COLLIER COUNTY, FLORIDA ,'. '..... ;;;~'. .:,'~ :,:,:,:.:t,'~\~f:':': ~:~ BY:~~ ~, ~ " "!~,L,,. '!"''f~. . '\'. ' ~/.t:;~:~~~~ ~I AP,a ., " . BAR A B. BERRY, "- Attest as to Chairman's Chairman s1gnature on11_ Awo, '<I as to J.'~ sufficiency _.._~ . ~ .... ,', - .-'. "," .. -, . h'~.~ 1 ~ '~~.nt COti~; l:j i~ ttcirn2J January 12, 1999 Item #16A7 RESOLUTIONS 99-1 THROUGH 99-5 RE CODE ENFORCEMENT CASE NO'S. 80415- 035/80415-037/JAMES BRUSKAY, 80429-038/BRENDA J GABLE, 80429-51/MAURICE R & KAREN C SKIFFEY & 80518-037/JP & WF FOX Page 119 -~-,~ _._-~_.. - -^ ---,-"._--_.,.._._,--~,._---..-..-_._----_.__.._-"._._--.- . . JAN 1 2 1999 ~ ~ '. . . ," 1 DR I .~ RESOLUTION NO. 99- 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the ~ailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST James Bruskay Lot 3, Block 12, NAPLES MANOR $245.00 9219 S Spaulding Ave ADDITION, according to the Evergreen Park, IL 60805 plat thereof, on file and recorded in 'the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. REFERENCE: " 80415-035 #62100160008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ThisRes~lution adopted after motion, second and majority vote. DAT~~':. ~~}j~IA.~J,~:~:~~9 ATTEST:'. ,:'I~r:.:>~,' BOARD OF COUNTY COMMISSIONERS DW:rG~T :E~',~:BR06K,;I:~~LERKCOLLIER COUNTY, FLORIDA ., ,.' .' 1 . ''1.,11.. Atl*~~~~.(! BY, ~~~,_~ ~ S 19natureJfuill J . ,~' APPRO D AS; 0 FORM ~EGAL }UFFICIENCY' uL II rl/{/L---- fr'D1\ ID WEIGEL' COUNTY ATTORNEY CSce 11 - 1/1/99 j I I I , I , . BOARD OF COUNTY COMMISSIONERS 1 bA7.-t@ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JAN 1 2 1999 DATE: JAM , 2 1999 James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 REFERENCE 80415-035 #62100160008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive ,or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 j I I I . ,.,' . , .' '. " . JAN 1 2 ~'. . . u., , .~" . .......... .:-.: ,;- i". . ,I" .-,.~ _.... 1, I RESOLUTION NO. 99-2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST James Bruskay Lot 4, Block 12, NAPLES MANOR $245.00 9219 S Spaulding Ave ADDITION, according to the plat Evergreen Park, IL 60805 thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. REFERENCE: 80415-037 #62100200007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal efhlrhe assessment of the owner. ~,Xh~s ~e~l~tion adopted after motion, second and majority vote. DAT~D': 'i'JAtl..t2 ':19t!9 '. '~,.' , ..; ",t ,t' ~: , "," ."'i ,'." i.,: " ATTEST:,: ,....~-,i",' ", _4. BOARD OF COUNTY COMMISSIONERS . _I """,. : ...... . . .....c. ,DW.I(;HT E: BROCK; CLERK COLLIER COUNTY, FLORIDA ,?;'::i':.,;~!.;," ,c.:; [' ~ ~ ~ ','.,<< .,...~,~..~, " .il BY: ~ _ Att t,'.'t'.to. ,~~t an I S .>-- '" s1gnature'orilj. APPROVED AS TO FORM ANDt1;d: r;L~ DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 j I I I . . BOARD OF COUNTY COMMISSIONERS 1. 6A 7 :,;~ '\ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JAM 1 2 1999 DATB: JAN 1 '2 1999 James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 REFERENCE 80415-037 #62100200007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 12, NAPLES ~OR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property ~ppraiser, are hereby advised that the Compliance Services Manager, did on 4/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: I Prohibited accumulation of non-protected movable vegetation in J , excess of 18" in height in a subdivision other than Golden Gate I I I Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAM , 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I : I , . . . '. , .' - . . ,.... JAM 1 2 1999: . '. ~- 'I . . ..' ...."...... .. ; - . . .' . RESOLUTION NO. 99- 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Brenda J Gable Lot 8, Block 2, Trail Acres $245.00 380 School St Subdivision, as recorded and platted York, PA 17402 in Plat Book 3, page 50, Collier County Records. REFERENCE: 80429-038 #77210600003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This R~~olution adopted after motion, second and majority vote. DATED :\~~ ~ (I ~'. ~1 · 9 .-, ,~;' ". JAM .,..!99 ATTEST':." , ;;. ,'. :v", BOARD OF COUNTY COMMISSIONERS ,DWIGHT E:. 'BROCK ;~CLERK COLLIER COUNTY, FLORIDA :: '::: r:' ~.,,~...:, .'-, ..~:: \ <<~, ~. ~ ~)\\.t :!i/~'~~ ~ BY: .. ~. , .. T .. ~.. Atte$.~.lisA:to', Chai1'r-.'n" s C IRMAN S WPf;M'5'f~1i!, \~O'_FORM ;g;d:1Ar~ ~D VID WEIGEL COUNTY ATTORNEY I CSce 11 - 1/1/99 I I I , . BOARD OF COUNTY COMMISSIONERS 1 6 A 7 ..~ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ,JAN 1 2 1999 DATE: JAN 1 2 1999 Brenda J Gable 380 School St York, PA 17402 REFERENCE 80429-038 #77210600003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 2, Trail Acres Subdivision, as recorded and platted in Plat Book 3, page 50, Collier County Records. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby ,. advised that the Compliance Services Manager, did on 4/29/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Esta tes. Weeds over 18". I I \ You failed to abate such nuisance; whereupon, it was abated by the i \ expenditure of public funds at a direct cost of $ 45.00 and , administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 !m9 and shall become a lien on the property thirty ( 30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I , I I I . , .~ ~ " ~ . . .' ~ ',. ", '" " .. _.,.\~.,..:.,_. .-~. "'.' C'. 1 6 A 1.. ' RESOLUTION NO. 99- 4 - , A ~\ 1 ") ,qgg A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS" - - PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the fol+owing costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: ~ Maurice R & Karen C Skiffey Lot number 12, Block 276, $245.00 8093 Glen Oaks Dr NE Marco Beach Unit #8 according Warren, OR 44484 to the Plat thereof, recorded in Plat Book 6, page 63-68, of the Public Records of Collier County, Florida. REFERENCE: 80429-051 #57733440003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATEp~~..0JAN J 2 1999 ";"~ ,.< "J ,', AT!1'EST:rt .~:. ,... ::I!~> ',~. BOARD OF COUNTY COMMISSIONERS DWIGHT,' E. BRockl;' CLERK COLLIER COUNTY, FLORIDA ..,~~;,.~~~<;+r_ltt~ BY: ~~~~\~ Attest as' "td'-Gha 1 rman · s HAIRMAN $ijt~lls,"t'; FORM ANOtltAL rFJCIENCY: 4. dJ Jf /I /l/L-- I .~A ID WEIGEL j ~ COUNTY ATTORNEY ; . CSce 11 - 1/1/99 BOARD OF COUNTY CONHISSIONERS 16A711~ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN j b, tJ, 1 'l '999 DATE: JAN 1 ? 1999 Maurice R & Karen C Skiffey 8093 Glen Oaks Dr NE Warren, 08 44484 REFERENCE 80429-051 #57733440003 LIEN NUMBER: LEGAL DESCRIPTION: Lot number 12, Block 276, Marco Beach Unit #8 according to 'the Plat thereof, recorded in Plat Book 6, page 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/5/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable veqetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by I Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of ,County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , , I ' I \ -, , . . . -, JAM 1 1199g..~ - '\ . . ;."', . ...... .......... 1 0" ( ... RESOLUTION NO. 99- ~ - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST JP & WF Fox Lot 32, PINE-VIEW VILLAS, Block "A", $245.00 PO Box 2130 A subdivision lying in the Southeast Hickory, NC 28603 quarter (SE ~) of Section 13, Township SO Sou1:h, Range 25 East, Collier County, Florida, as recorded in Plat Book 9, at Page 49, of the Public Records of Collier County, Florida. REFERENCE: 80518-037 #67491280003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Thi-S'-/'Re~Qlution adopted after motion, second and majority vote. D~TEO: JA\I, f '2.1999 , l",',' ;,:;r,-~;. ,!' In",~\. ':"-.;/' . ATTEST;:,'", ,,',..',.,..~ BOARD OF COUNTY COMMISSIONERS D~~G~~,:~E_.,/BR0CK,;~CLERK COLLIER COUNTY, FL~ORI~ ..... .,' '.,;""":..",;",,.'" i:.", ' ~~ . . I .": . r. ': .~'i:, ."i ~j/1.:.t!";",t' ':', :,' "'.... - .':, . J:f'....~;:t~.~. ,~.I..~ f{P.~ BY, ~ '< " ' ,'" ' CHAIRMAN, Attest b,t9HCptj:frman's s1~~~l.lB TO FORM ~EGAL ;;UhCIENCY: ~ . 1/1/ . ~AVID WEIGEL COUNTY ATTORNEY 'I CSce 11 - 1/1/99 i , I . . BOARD OF COUNTY CONNISSIONERS 1 6A 7 ..~ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMBNT 01' LIEN JAN 1 2 1999 DATE: JAN 1 2 1999 JP & WI' Fox PO Box 2130 Hickory, NC 28603 REFERENCE 80518-037 #67491280003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 32, PINE-VIEW VILLAS, Block "A", A subdivision lying in 'the Southeast quarter (SE ~) of Section 13, Township 50 South, Range 25 East, Collier County, Florida, as recorded in Plat Book 9, at Page 49, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/18/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision o'ther than Golden Gate I I I Estates. , Weeds over 18". I I You failed to abate such nuisance; whereupon, it was abated by the l expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid; CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 'I I , I '. January 12, 1999 Item #16A8 RESOLUTIONS 99-6 THROUGH 99-10 RE CODE ENFORCEMENT CASE NO'S. 80109-018, 80109-019/LEONARD WISNIEWSKI, 80323-060/WILLIAM B SMITH JR & CRAIG MORRIS, 80408-0S0/HUBERT BIRD I 80S28-046/H N H VENTURES & 80618-066/RAM VENTURES INC. % FACCONEER TILE & MARBLE Page 120 ...~.---- --....... --..._- ,,,, . ~ , .. . - "".' ,- JAM 1 2 1999> '. . ,.- ~' . ,. ... ..2:~: ',':;~l'" .,;~ . , ... ~ -. . RESOLUTION NO. 99- 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Leonard Wisniewski Lots 33 & 34, BLK 5, $2,850.00 2630 -35th Ave HE MAINLINE SUB, PB 1, PG 98 Naples, FL 34120 REFERENCE: 80109-018 & 80109-019 #56405240008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED:, JAM 1/1; 2,1999 . ~~ ~ '.~~A; t;':/. .Ii': ,,"I t-~' ATTE'EJ't ~."1~"l.\i~:~11~'<' ' " BOARD OF COUNTY COMMISSIONERS 4 -,. f ,i'.. 'jO~ .. -~" ." \.- DW:EGHT'''~E~~~B~$dK'~ ~LERK COLLIER COUNTY, FLORIDA , .;;~~. .;"; .;!, -:',,':': ',-,,: <~r,'.~: ..,' '::. ~~~~ .. ,..e', ~ . . .1 . _ '. ...' ..', "." _ :. . ....""'. JW:';'~Wtli~I'~~L - A.r[, BY: ,;",L' '_ ,;;",,,,:,:-:,,,;:;:'~"':,~rt~;.. . ,. . Att.ltJ~,S.r:,toJ;t~iMlan t S CHAIRMAN S"~Dn~{I;O' FORM ~ JrFICIENCY' ;{it/1./'- ~DA rD WEIGEL ' COUNTY ATTORNEY CSce 11 - 1/1/99 'I I , . BOARD OF COUNTY COMMISSIONERS IbAa.1t COLLIER COUNTY, FLORIDA LEGAL NOTICE or ASSBSSMENT OF LIEN JAN 1 2 1999 DATE: JAN 1 2 1999 Leonard Wisniewski 2630 -35th Ave NE Napl.es, FL 34120 LIEN NUMBER: REFERENCE 80109-018 & 80109-019 #56405240008 LEGAL DESCRIPTION: Lots 33 & 34, BLK 5, MAINLINE SUB, PB 1, PG 98 You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exo~ics on un~roved land located within 200' of improved, subdivided property. Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision o'ther than Golden Gate Estates. Brazilian Pepper Hedges & Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 2,650.00 and administrative cost of $200.00 for a total of $ 2,850.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAM 1 2 !99 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 II , '. .. , " " JAN 1 2 199~: .. " .. .., . .~. . , .1..... ":: - ': .~. - '" . , RESOLUTION NO. 99-7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST William B Smith JR Lot 27, Block 21, GOLDEN GATE $245.00 Craig Morris Unit 2, according to the plat 4420 Robin Ave thereof, recorded in Plat Book 5, Page 65 through 77 of 'the Public Records of Collier County, Florida. REFERENCE: 80323-060 #35745840008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: \ j~"1 U 99 ~". ' -... ' , ATT~S~:~':" ,,:'~")./~~ BOARD OF COUNTY COMMISSIONERS DWI(3H 'E. ,B;ROPJ{y, ~LERK COLLIER COUNTY, FLORIDA ..: . .. . · . .... ,;,'::;::: ~ a ,.>i'::.'~' ~ BY, ~ . ~.~ A te ,as..to:Cha1r1l40"'S CHAIRMAN s18nat[ro~ o~~. tt<1' ,", A PROV D' : \ FORM ~EGAL SUFFICIENCY, dA J-ArVL-- ~D VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I I I , . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1 bAa-", LEGAL NOTICE OF ASSESSMENT OF LIEN JAM 1 2 1999 DATE: JAN 1 2 1999 William B Smith JR Craig Morris 4420 Robin Ave Naples, FL 34104 REFERENCE 80323-060 #35745840008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 21, GOLDEN GA~E UNI~ 2, according to the plat ~.reof, recorded in Plat Book 5, Page 65 through 77 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/14/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ ,45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 II I , , . . ',' ,. ' JAM 1 2 1999 " -',' , -, , , . - ~~~. ;..,,",.-.; " . ". RESOLUTION NO. 99- R A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS. as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances. including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0\) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAMB: LEGAL DESCRIPTION; COST Hubert Sird Commencing at the East ~ corner of Section 13,$600.00 5301 -19th Ave SW T52S, R29E, Collier County, Florida; thence Naples, FL 34116 N 680-04'-26" W 987.57 feet, said corner being the place of ending of 8-837 as described in Deed Book 42, Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as described in Deed Sook 42, Page 303 of the Public Records of Collier County, Florida; thence 8 420-06' W 37.00 feet; thence N 520-14' W 134.40 feet; thence N 00-51' E 97.00 feet to "intersection point C" described in said Deed Sook 42, Page 303; thence along the centerline of "C" Street N 880-39' W 25.00 feet; thence N 00-51' E 25.00 feet for a PLACE OF BEGLNNING: Thence N 880-39' N 141.78 feet; thence NlO-21' E 100.00 feet; thence S 880-39' E 140.91 feet; thence S 00-51' N 100.00 feet to the place of beginning. Searings based on the East line of the NE~ of Section 13 as being N 00-02' W. REFERENCE: 80408-050 '01134802704 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED~" JAW l1i;2vJ999 ,'\ ". '" . .' ~" SOARD OF COUNTY COMMISSIONERS ATTSST:.., ,',"",' ~'~. DWI(;HTE. BROCK;c"'CLiijtK COLLIER COUNTY, FLORIDA ~ ~. '. . .. - . "" I ..4 ~. ..' ~~ ~~l~ BY: " ..., At est; as to Chairman's CHAIRMAN Si~8c!bOll~to 'FORM R:;GAL SUFA'ENCY' it J I '^ fi- - 'I ~DAVID WEIGEL I I COUNTY ATTORNEY 0 i hA8~""~ I" ., COLLIBR COUNTY, FLORIDA LEGAL NOTICB OJ" ASSBSSMENT 01' LIBN JAN 1 2 1999 DATE: JAM 1 2 1999 Hubert Bird 5301 _19th Ave SW Naples, FL 34116 REFERENCE 80408-050 #01134802'704 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the East ~ corner of Section 13, T52S, R29E, Co11ier County, Florida; thence N 680-04'-26" W 98'7.5'7 feet, said corner being the p1ace of ending of S-83'7 as described in Deed Book 42, Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as described in Deed Book 42, Page 303 of the Public Records of Collier County, Florida; thence S 420-06' W 3'7.00 feet; thence N 520-14' W 134.40 feet; thence N 00-51' E 9'7.00 feet to "intersection point C" described in said Deed Book 42, Page 303; thence along the centerline of "C" Street N 880-39' W 25.00 feet; thence N 00-51' E 25.00 feet for a PLACE 01' BBGINNING: Thence N 880-39' N 141.'78 feet; thence N 10-21' E 100.00 feet; thence S 880-39' E 140.91 feet; thence S 00-51' N 100.00 feet to the place of beginning. Bearings based on the East line of the HE ~ of Section 13 as being N 00-02' W. You, as' the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/8/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than G01den Gate Bstates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". A1so, paper, plastic, bottles furniture, g1ass, metal etc. scattered on property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 400.00 and administrative cost of $200.00 for a total of $ 600.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAM 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien . against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS 'I I CSce 9- 1/93 " . JAN 1 2 1999', ~" " ""J . ' .' .' . . ~: },'~':~'.~,;\... ~~,:,. -, ' ~ 16A 8111i~ RESOLUTION NO. 99- q A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST B N B Ventures Lot 4, Block 226, GOLDEN GATE, $245.00 4930 -12th Ave SW Unit No. 6 according to the Naples, FL 34116 Plat thereof as recorded in Plat Book S,Pages 124 through 134, of the Public Records of Collier County, Florida. REFERENCE: 80528-046 #36325040007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This~esolution adopted after motion, second and majority vote. , 'l ; II U DATED~ \, ~ 1 2 1999 '. JAN . .", ATTEST: ,'.. ~::; BOARD OF COUNTY COMMISSIONERS DW~Cll!T E. BROCK. ~ERK COLLIER COllNT1r. FLOR~ ". "..,~/ ~~ '~l;.t:;4<~~:.. ~ tp.(1 BY, . Att st~..~. to Cha 1,..an'''s CHAIRMAN s~n~W~ll'..t. " P ~~TO FORM M7:F~ p~DAVID WEIGE COUNTY ATTORNEY CSce 11 - 1/1/99 II 1 , BOARD OF COUNTY CONNISSIONERS "t. bAll II , COLLIER COUNTY, FLORIDA JAN 1 2 1999 LEGAL NOTICE or ASSESSMENT OF LIEN DATE: JAN '1 2 1999 H N R Ventures 4930 -12th Ave SW Naples, FL 34116 REFERENCE 80528-046 #36325040007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No. 6 according to the Plat thereof as recorded in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/28/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .IAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , I I , . ,~. .' " JAN 1 2 1999 . . . . .. ~ ,,' .' . . .- -, . ' . . . , .- .. .., .' 1 Oil a ... .~1 RESOLUTION NO. 99- 10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION I COST Ram Ventures Inc Lot 14, Block 106, Golden $245.00 % Faccooneer Tile , Marble Gate, Unit 3, according to 9853 Tamiami Trl N STE 106-017 the plat thereof recorded 5, Naples, FL 34108 in Plat Book Pages 97 to 105, inclusive, Public Records of Collier County, Florida. REFERENCE: 80618-066 #36004160004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ThiS\~e,olution adopted after motion, second and majority vote. DATEP(, JAN, , 1"1999 . .. 'J,../ AT':t'EST" ," , v BOARD OF COUNTY COMMISSIONERS '-: .'~;': ...... DWJ;'GHT E. BROCK~:,eLERK COLLIER COUNTY, FLORIDA 7.;', . .(:if:.~ ~ ~ ~oo.IRMAN ~~z.:~~~~? !pa BY: Att st ~ ~S'f'tOI"q~~JfI':.n"s S 1R~MtE!i91ls TO . FORM ~LEGAL 'UFFICIENCY' , .. Adt G Af//uL pll.-- D VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 II f , . BOARD OF COUN'l'Y COMMISSIONERS COLLIER COUN'l'Y, FLORIDA l' &18"'~ LEGAL NOTICE OF ASSESSMENT OF LIEN JAN 1 2 1999 DA!rE: JAN 1 11999 Ram Ventures Inc % Faccooneer Tile & Marble 9853 Tamiami Trl N STE 106-017 Naples, FL 34108 REFERENCE 80618-066 #36004160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 14, Block 106, Golden Gate, Unit 3, according to the plat thereof recorded in Plat Book 5, Pages 97 to 105, inclusive, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/18/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .IAN 1 2 1999 and shall become a lien on the property thirty ( 30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the propertYr Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I. I I . , January 12, 1999 Item #16A9 RESOLUTIONS 99-11 THROUGH 99-14 RE CODE ENFORCEMENT CASE NO'S. 80424- 053/CLARENCE << ALEXANDRA ABRAMS, 80506-34/BRUCE T << ELSYE K WHITMER, 80507- 018/ROBERT J << LESLIE FREDRICKSON << 80508-047/MARLENE << CASIMIRO EGUIZABAL Page 121 ^-"._.~_._._. ---.--...--........-. 'n_ __.__..__n._._.__ ~. ~ ~. . ~ . _. , JAN 1 2 1999', -4.. " l.,. .. '.' ;..;~ . ..; .r... ~ p .... .~ _ , - RESOLUTION NO. 99- 11 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Clarence & Alexandra Abrams Lot 25, Block 166, Unit 5, $345.00 480 Boyne St Part-GOLDEN GATE according New Hudson, NI 48165 to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. REFERENCE: 80424-053 #36240720004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. :This ~esolution adopted after motion, second and majority vote. DATE~~\.I;J lltl~'2 1999 ATTEST:' . Of;\. BOARD OF COUNTY COMMISSIONERS DWIGHT E. B~QCK, CLERK COLLIER COUNTY, FLORIDA ,:,.;\ \~r~;o:.;;~E~' r.A1/.CJ BY:~ ~ ~ sf9'latUl"~ onh APPROVED A~ TO FORM ~LEGAL SUFFICIENCY, A~ j JiJ~ .C,,___ DAVID WEIGEL IT COUNTY ATTORNEY CSce 11 - 1/1/99 I . I I . ~OARD OF COUNTY COMMISSIONERS COLLIER COtnrrY, I'LORIDA 16A9.' ~, LBGAL NOTICB OF ASSESSMENT OF LIEN JAN 1 2 1999 DATE: JAN 1 2 1999 Clarence , Alexandra Abrams 480 Boyne St New Hudson, HI 48165 REFERENCE 80424-053 #36240720004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 25, Block 166, Oni~ 5, Part-GOLDEN GATB according to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 04/24/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on un~roved land located within 200' of improved, subdivided property. Large Brazilian Pepper on unimproved property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 145.00 and administrative cost of $200.00 for a total of $ 345.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 II I '. ", ,,' .... .' ,.~ :. . . . III 'uu ., '.:>.. .. V'. , ...:-., RESOLUTION NO. 99 - 12 IAN 1 2 1999 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Bruce T & Elsye K Whitmer Lot 27, Block 7, Naples $245.00 420 Griffith Ave Manor Lakes, evidenced by OWensboro, KY 42301 plat of record in Plat Book 3, page 86,in the Public Records of Collier County. REFERENCE: 80506-034 #62256160004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED;, I\:l ia ,till 2 199~ - ,J ,p~~'.:i. .~ .. . " ' ./1" ATTEST: '. ..'~;. BOARD OF COUNTY COMMISSIONERS '" - DWIGHT E.. B~O~f CLERK COLLIER COUNTY, FLORI~ 'I '-', ~ ,MI'" : , .. ...,t, ~~~'~"<7Y/~ BY, ~~ l\ Att. st,IS toCha1rman's ' CHAI~ S WD&~Yr~fP.. ~S\:Tb FORM ~LEGALJSUFFICIENCY: ALL M/l/t.-- (r- D ID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 'I i . . BOARD OF COUNTY COMMISSIONERS 1'6A9..t COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JAN 1 2 1999 DATE: .tA tJ 1 2 1999 Bruce T. , Elsye K. Whitmer 420 Griffith Ave. Owensboro, KY 423013620 REFERENCE 80506-034 #62256160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 7, Naples Manor Lakes, evidenced by plat of record in Plat Book 3, page 86, in the Public Records of Collier County. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/06/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in heigh~ in a subdivision other than Golden Gate Estates. Weed over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, JAN 1 2 1999 Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 II i . . " :; ....... "[ '-"" , , , " " '.' JAN 1 2 19.9.9 ". , .. , .. ...f' ,;' ; .... :', ';,;. ......4_.. RESOLUTION NO. 99- 1~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Robert J & Leslie Fredrickson Lot 40, Block 80, Naples $245.00 2328 Mountain View Rd Park, Unit No. 6, according Stafford, VA 22554 to the plat thereof recorded at Plat Book 3, page 15, Public Records of Collier County, Florida. REFERENCE: 80507-018 #62851680002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: jAN J!. ~999 ATTEST:\O I.o~ IIi} ,; , BOARD OF COUNTY COMMISSIONERS DWIGHT .E ~~\ :~ij,tkj~, CLERK COLLIER COUNTY, FLORIDA #r'1e;~~...w<tJ. cl BY: ~&~ Attest .s to Cha1r.Mi.'s' HAIRMAN s 1 g"l~'tfRd~~ ~ AS TO tORM AND . J;,EGAL S;FICIENCY' Jik.cl/ ,. Afhfi ~ VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 II \ .. BOARD ct' COUN'rY COMMISSIONERS i. ~j' 9 ;..~ COLLIBR COUNTY, FLORIDA . LEGAL NO'rICE OF ASSES~ OF LIEN JAN 1 2 1999 DATE: JAN 1 1 1999 Robert J & Leslie Fredrickson 2328 Mountain View Rd Stafford, VA 22554 REFERENCE 80507-018 #62851680002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 40, Block 80, Naples Park, Unit No. 6, according to the plat thereof recorded at Plat Book 3, page 15, Public Records of Collier County, Florida You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/07/98, order the abatement of a certain nuisance existing on the above property prohibited ~ by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 q , I " , '~'" ~- "',. ..': ," , .' , ,.': ':'" '.< ',":~,' ;', . J AN 1 2 199(' . :- "",'."~"." ", ': -..:~ . . ....;.... ~:.,...';'-:.~... . . .~;'. :-.:'~:, ", .- RESOLUTION NO. 99- 14 16A 9"_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: .c.QU Marlene & Casimiro, Eguizabal Lot 22, Block 341 of Marco $ 245.00 3354 SW 123rd Ave. Beach Unit TEN, according Miami, FL 33175 to Plat thereof, as recorded in Plat Book 6, at Pages 74-79,of the Public Records of Collier County, Florida. REFERENCE: #80508-047 57867160000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: JAN "I l i99g ATTE;ST :''W U h iiD~,~~~. BOARD OF COUNTY COMMISSIONERS DWIGHT E. B~~~~:::, CLERK COLLIER COUNTY, ~ORI~~..... '" , """,' BY: ~I.,,\~ Attis . 1$ 'to Cha1m.(S CHAIRMAN s19R~~iAs TO"FORM :tJk~~..,\su. FFICIENCY: Ad,,' ~ Arl/l.A ~ DAVID wEI L COUNTY ATTORNEY CSce 11 - 1/1/99 I I I I , , BOARD O~ COUNTY C~SSIONBRS 16A9'" COLLIBR COUNTY, FLORIDA JAN 1 2 1999 LEGAL NOTICB OF ASSBSSMBNT OF LIEN DATB: .lA~1 1 2 1999 Marlene & Casimiro Eguizabal 3354 SW 123rd Ave. Miami, FL 33175 REFERENCE 80508-047 #57867160000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22, Block 341 of Marco Beach Unit TEN, according to Plat thereof, as recorded in Plat Book 6, at Pages 74-79, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/08/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty ( 30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 II I " January 12, 1999 Item #16AI0 RESOLUTIONS 99-15 THROUGH 99-19 RE CODE ENFORCEMENT CASE NO'S. 60513- 049/SYLVIA S MILLER, 70407-027/RICHARD M MERSHAD, 80313-065/JULIA KOESTEL, 80324-012/BEULAH MAE COLEMAN % BERTHELLA WILSON & 80327-064/G J BYRNE Page 122 -, .-.- ---~ ,- ~. , . . . JAN 1 2 1999 ,. . ._.~'.. ... "H." ~. ". .. ~_... I '. .a _.... . :. ~ i ,l . RESOLUTION NO. 99- 15 '~~ '-; A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: ~ Sylvia S Miller Lot 22 Block 191 of Marco $245.00 1301 Delaware Ave SW Beach Unit Seven a Subdivision Apt N-622 according to the Plat thereof, Washington, DC 20024 recorded in Plat Book 6 Page 55-62 of 'the Public Records of Collier County, Florida. REFERENCE: 60513-049 #57654880001 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ThislResp~ution adopted after motion, second and majority vote. DA'!'~r> : : "JAM 1 2' 1999 '. " .:-' c. ATTEST:'," ,.,... ", BOARD OF COUNTY COMMISSIONERS D~JdHT E.: BRock, €LERK COLLIER COUNTY, FLORIDA , ;; c' , ~ ~ 4#Ji~~..<P4 BY, ~ : =~~ . ; (..' '..... .... . . ,." -- CHAIRMAN Attest. ,a~to '~b~ tnAan ' s S 1.~..~l.lB TO FORM :~7 jM~EN~ fil-DA ID WEIGEL rr COUNTY ATTORNEY CSce 11 - 1/1/99 I . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~, 0 A 1 Q~ LEGAL NOTICE OF ASSBSSMENT OF LIEN .JAN 1 2 1999 DATE: JAN 1 2 1999 Sylvia S Miller 1301 Delaware Ave SW Apt N-622 Washington, DC 20024 REFERENCE 60513-049 #57654880001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22 Block 191 of Marco Beach Unit Seven a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 55-62 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on OS/23/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate , , Estates. Weeds over 18". I I You failed to abate such nuisance; whereupon, it was abated by the . , , expenditure of public funds at a direct cost of $ 45.00 and j I administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for . hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 \1 , " ~.~ . , "-').... ;'.,- ,.~^' '::~~'~~.'''JAN 1 2 1999 ~',- . _ ::. ,:'. ,,/';, .oJ. .. .'. ".~. .;. ....: RESOLUTION NO. 99- 16 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Richard M Mershad Lot 18, Block 171, MARCO $845.00 5682 Elmgee Dr BEACH, UNIT NO.7, a De1aware, OH 43015 Subdivision according to the plat thereof, recorded in Plat Book 6, Pages 55 through 62, of the Public Records of Collier County, Florida. REFERENCE: 70407-027 #57640920001 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This'R~s~~ution adopted after motion, second and majority vote. DATED: . JAN 1 2"1999 , (, ATTEST: . ," '.'~', BOARD OF COUNTY COMMISSIONERS DWIGHT E. "BROCK, :CLERK COLLIER COUNTY, FLORIDA ",' a - ~~ :::'~ . . ,..... . . :>>~ ~.'~. ,~.u.,..:~ _J". ,<PO BY: ~ Atte t aS/..to C~a,tl\lIIn' s CHAIRMAN , . ., , . \' , s1~~~iBl.Jts 'TO' 'FORM ll~d~ :r~ ~ AVID WEIGEL COUNTY ATTORNEY I I CSce 11 - 1/1/99 . BOARD OF COUNTY COMMISSIONERS 1 t) f\ }. 'e~,,_ COLLIER COUNTY, FLORIDA JAN 1 2 1999 LEGAL NO~ICE or ASSESSMENT OF LIEN DA~E: JAN 1 2 1999 Richard M Mershad 5682 Elmgee Dr Delaware, OH 43015 REFERENCE 70407-027 #57640920001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 18, Block 171, MARCO BEACH, UNI~ NO. 7, a Subdivision according to the plat thereof, recorded in Plat Book 6, Pages 55 through 62, of the Pub1ic Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 08/21/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on un~roved land located within I 200' of improved, subdivided property. Approx. 4 Brazilian Pepper Hedges & 1 Australian Pine Tree. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 645.00 and administrative cost of $200.00 for a total of $ 845.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .IAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. , You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , I I ; , 0 ~ JAN 1 2 1999 - I ~ .~-. . ! " ~ ... -:" . ... . '" ~ " r... _'", ';.. ~ ._' .; ',.Io-._'''''~~' , . - - , RESOLUTION NO. 99 - .17 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and . WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Julia Koestel Lot 13, Block 85, Unit 3, $245.00 1201 SE 43rd Terr Part - GOLDEN GATE, according Cape Coral, FL 33904 to plat thereof recorded in Plat Book 5, Page 102 of the Public Records of Collier County, Florida. REFERENCE: 80313-065 #35985280004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED : ~AN 1 2 199~ \; . t I, li ATTE~:rr :'..,. . ;';'/ BOARD OF COUNTY COMMISSIONERS DWIGHo;r:E. BROCK.;,: CLERK COLLIER COUNTY, FLORIDA " , . . ,,:' ~~~.~~~. 1t. ,~;,~; '~(L BY: 'l ~.. Z;/~.(&J~, ,'('~""'" , At e&(a$,:.to'Ch4i~an;s " CHAIRMAN Sl~W~~Bn1t-: T~ .,FbRM 1jkL~~~UFFICIENCY: , ';J.J A fl/1/'-- ~ DAVID WEIGEL COUNTY ATTORNEY I I CSce 11 - 1/1/99 , I , , BOARD OP COUNTY CO~SSIONERS lbAl0>>~ COLLIER COtnr.rY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN IAN 1 2'999 DATE: JAN 1 2 1999 Julia Koestel 1201 SE 43rd Terr Cape Coral, FL 33904 REFERENCE 80313-065 #35985280004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 85, Unit 3, Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 102 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 03/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I I \ ' , . . ...;;~ .. ~ " : .'~ J I} ~I 1 ') ~nQq . --. . - ... .......... ,..;..... .1 V.'...... v :~ RESOLUTION NO. 99- 18 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Beulah Mae Coleman LOT Thirteen (13) in BLOCK $1,090.00 ~ % Berthella Wilson Eight (8) of the CARSON 217 -2nd St ADDITION in Immokalee, Florida; Immokalee, FL 34142 a subdivision duly recorded in the Office of the Clerk of the Circuit Court, in and for Collier County, Florida. REFERENCE: 80324-012 #25630800008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .I.A" lit; 2;)999 " . BOARD OF COUNTY COMMISSIONERS ATTEST: ,";,. "" DW:rqHT E.' BRcieK,~~.CLERK COLLIER COUNTY, FLORIDA . --' ./:yt;r:;~W - j J{Ml BY:_~ ~ ~RMAN Attes~..as'.to Cti'afnaa....s s Wll@lt(h~ l~~,:x:o '. FORM AND LEGlU, S FF~ fP- DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 j I , , BOARD OF COUNTY COMMISSIONERS '~10 "I h COLLIBR COUNTY, FLORIDA . . __t '" LEGAL NOTICE OF ASSESSMENT OF LIEN .IAN 1 2 1999 DATE: l!JAN 1 2 1999 Beulah Mae Coleman % Berthella Wilson 217 -2nd st Immokalee, FL 34142 REFERENCE 80324-012 #25630800008 LIEN NUMBER: LEGAL DESCRIPTION: LOT Thirteen (13) in BLOCK Bight (8) of 'the CARSON ADDIT:tON in :tmmokalee, Florida; a subdivision duly recorded in the Office of the Clerk of the Circuit Court, in and for Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 03/24/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Paper, plastic, rags, mattresses, glass, bottles, wood cages, etc scattered on property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 890.00 and administrative cost of $200.00 for a total of $ 1,090.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .IAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 j I " . . , , , " . ~. - .' .,4'" .' '..... JAN 1 2 1999 ~ . . ,...., rr",-~ ',i .co.:....:.. . ........... . '--.' ... RESOLUTION NO. 99- 19 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST G J Byrne Lot 27, Block 4, MARCO HIGHLAND $295.00 PO Box 958 SUBDIVISION, according to the Pocono Pines, PA 18350 Plat thereof, recorded in Plat Book 3, Page 72 of the Public Records of Collier County, Florida. REFERENCE: 80327-064 #59082600000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED..: \,. 1\ ll~N~J J 2 1999 BOARD OF COUNTY COMMISSIONERS ATTEST: " .("1 D\'fiqHT E. BR9C~}- CLERK COLLIER COUNTY, FLORIDA ,." t~t~~Sh~"~$la BY: ~~,~ A"tJIMJ oAlI ~~,fJ.; FORM tt::tJ;rlt:(~ ~DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I I , . BOARD OF COUN'tY COMMISSIONERS 1 o~l,O , COLLIER COUNTY, FLORIDA . LEGAL NOTICE OF ASSESSMBRT OF LIEN ,\AN 1 'I 1999 DATE: JAM 1 2 1999 G J Byrne PO Box 958 Pocono Pines, PA 18350 ~ REFERENCE 80327-064 #59082600000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 4, MARCO HIGHLAND SUBDIVISION, according to 'the Plat thereof, recorded in Plat Book 3, Page 72 of the Public Records of Collier County, Florida. : You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 03/30/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Also, dead tree which has fallen to S.W. corner of lot, logs, twigs & branches. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 95.00 and administrative cost of $200.00 for a total of $ 295.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS , I CSce 9- 1/93 i . . January 12, 1999 Item #16All RESOLUTIONS 99-20 THROUGH 99-24 RE CODE ENFORCEMENT CASE NO'S. 80604- 017/ETZER LALANNE, 80604-018/DANIEL VONRABENAA, TRUSTEE & TALCOTT COMMUNICATION CORP. PENSION PLAN & TRUST, 8060S-021/LOUIS & LORETTA CAMBRUZZI, 80608-032/DOMINGUEZ ESTATE, JULIO & JOHN R DOMINGUEZ P/R & 80608-068/NOWL M WILLIAMS Page 123 ~..~.._._- -"~--~ " . .' .... . " ,. . . A':'; 4 .. ,';, . .. ,...,.',,, ".' . _pHI 1 ? 4oaq, '. RESOLUTION NO. 99.~O A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Etzer Lalanne Lot 7, Block 2, South Immokalee $245.00 PO Box 1165 Heights, as recorded in Plat Immokalee, FL 34143 Book 3, Page 29, Public Records of Collier County, Florida. REFERENCE: 80604-017 #74030920005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This')~~~9lution adopted after motion, second and majority vote. DATED :.' JAN~itiar; '999 , ,"y'" ~ ATTEST: ):~~;~'v , BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC~; ~LERK COLLIER COUNTY, FLORIDA d' ..' ..... ./e,,:- ~ ~ ~ ~.:....... . j1", . "'~140'.:," , ~ ~.t -P;..J':P.I." ~~, "-,,- .KJJ.(1 BY: . e ;' ";"'-', ' C IRMAN Attest, ~s ,to Cha lrllian' s s 19Qti~ 1A:s; "T~ 'FORM AND LEGAL SUFFICIENCY: J;H( d. J Atw - ,~~ VID-WEIGEL T'" - COUNTY ATTORNEY CSce 11 - 1/1/99 I I ; , , BOARD OF COUNTY COMlaSSIONEaS fbAllt COLLIBR COUNTY, FLORIDA LBGAL NOTICB OF ASSBSSMENT OF LIEN JAN 1 1. 1999 DA'1!E: JAN 1 2 1999 Etzer Lalanne PO Box 1165 Immokalee, FL 34143 REFERENCE 80604-017 #74030920005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 2, South Immokalee Heights, as recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. - You, as the owner of the property above described~ as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/4/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAM' " 2 19~9 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I 1 , , ........... . ~ ....-. j ',' '::.~: -, , ., AN 1 2 1~ ... ;..~: ...../.-./...~;,~. . ~ ~"... . RESOLUTION NO. 99- ~ 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) ~ days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Daniel vonRabenaa, Trustee Lot 70, GOLF HARBOR, $ 245.00 Talcott Communication Corp., according to the Plat thereof, Pension Plan & Trust recorded in Plat Book 4, UTD 11/30/77 Page 31, of the Public Records 20 N Wacker Dr. Ste. 1865 of Collier County, Florida Chicago, IL 60606 REFERENCE: 80604-018 #48072640007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of ~he assessment of the owner. Thi~ ~~leJso).ution adopted after motion, second and majority vote. DA~~~~ ~JAN;1'~2;1~*r\, ~, A:'T:i$$'lf~~~.i':,ii.1Q~f"~~:~;:',. , BOARD OF COUNTY COMMISSIONERS . PW,:f~!:.:~~iiii~;~O~~?i~~RK COLLIER COUNTY, FLORIDA . .. .,.'~f..l..ip,~".,...... , .....' J' ~~~ . ". .r-l ',,, I. ~ 'J. 4:, . "" " Hi.'~ ' ,." f~..'" '~'~?~J'(c~.~,'::"'."l~i/..A:P nJ . ?l}.\. " ' . d, ~~~, ,....,.. . ~ ~ BY: ': '~'t.tt.:~t "a~ j..O fQ~l!~avf$ . CHAIRMAN Sid'Rature onlY.', ;. A~PRQVE:P. A\S~TO'. FORM AND LEGAL SUFF1CIENCY: ~JA j Ad/!/--- ~ D~ ID WEIGEL COUNTY ATTORNEY I I CSce 11 - 1/1/99 I . , BOARD eF CO~Y CO~SSIONBRS loA 111 COLLIER COUNTY, I"LORIDA LEGAL NO'rICE 01' ASSESSMBNT OF LIEN ,.IAN 1 ? 1999 DA'rB: JAN 1 2 1999 Daniel vonRabenaa, Trustee Talcott Communication Corp. Pension Plan & Trust UTD 11/30/77 20 N Wacker Dr. STE. 1865 Chicago, IL 60606 REFERENCE 80604-018 #48072640007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 70, GULF HARBOR, according to the Plat thereof, recorded in Plat Book 4, Page 31, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/4/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on " ~" , ? 'Q99 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , , , I , ' . , ..... .", I ~~. ,'. ;,;.~~'J' ...~. -~'~..; .~. ': . '. -":, .,; .:.'~~. . ..... ".. .~~ " :".:" . ':;. .\t1N 1 ? 1999 ' ' " , , ....:' "~"...~.""".~,,,..:. ....,'.., ' . RESOLUTION NO. 99- 22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Louis & Loretta Lot 10, Block 10, of $ 245.00 Cambruzzi NAPLES MANOR ANNEX, according 3655 Goose Lake Rd. to the plat thereof, on file and Morris, IL 60450 recorded in 'the Public Records of Collier County, Florida. PB1, Page 110. REFERENCE: 80605-021 #62156680008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. . ~h~~A~9~?~ution adopted after motion, second and majority vote. DA~~D.,,: iJAN'):~,4jJ~9 AT!fEST :', ;.",','.,... .j(' <~;., BOARD OF COUNTY COMMISSIONERS Dfl~~HTI~':, BROCK,;,:}::LERK COLLIER COUNTY, FLORIDA ~ . .. ,ti BY:~~~ Att'S~4-~S' t" chil'~~~rlls C IRMAN S i ~ili'b~Bl{t~~ \\~. , K P '.'. 'i TO FORM 1d;Ed: 1~: (6: AVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I I , , BOARD QF COUNTY COMMISSIONERS 16Alllll COLLIER COUNTY, FLORIDA .IAN 1 2 1999 . LEGAL NOTICE OF ASSESSMENT or LIEN DATE: JAN 1 2 1999 Louis , Loretta Cambruzzi 3655 Goose Lake Rd. Morris, IL 60450 REFERENCE 80605-021 #62156680008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 10, of NAPLES MANOR ANNEX, according to the plat thereof, on file and recorded in the Public Records of Collier County, FJ.orida. PB 1, Page 110 You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/5/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: ~ Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAM 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, , Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 II I , . I .- ]AI' 2 1999 .. " '. ..".. -' ',' .' .- . ,...'. . - ;. . ." ~..' -''':. ..~.......I. .' .; . - . w...._ .... RESOLUTION NO. 99-23 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LBGAL DESCRIPTION: COST ~ Dominguez Estate, Julio Lot 8, Block 175, Unit 5, $245.00 John R Dominguez P/R Part - GOLDEN GATB according 74 Ashley st to plat thereof recorded Bridgeport, CT 06610 in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. REFERENCE: 80608-032 #36247840000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: JAN 1 2 1999 ATTEST: .. : r J.J . BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRotK, CLERK COLLIER COUNTY, FLORIDA . . . ~~~)\~ ' . ~: ;,,i#y: .~S:d;tf'''>,;(I. ~ BY: . Att-e~t:a!S to"~Chafr.a~" CHAIRMAN " S 1Jl~~imI 'J.~ TO FORM . t.J;;d:rA;:~ G-- AVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I i I 0 BOARD OF COUNTY COMMISSIONERS \&A11-' COLLIER COUNTY, FLORIDA JAN 1 2 '999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAM 1 2 1999 Dominguez Estate, Julio John R Dominguez P/R 74 Ashley st Bridgeport, C~ 06610 REFERENCE 80608-032 #36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5, Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. You, as the owner of the property above described; as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/8/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. - Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JA~' 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS , CSce 9- 1/93 I I ; , , :,~ '.. ;',~. ,. . . ~AN 1 2 1999 ; c '.. ' ~ ..... . '. , ".~ , .~ " " ,.,:~:,,"'.,f<:.~ ., . .......... . ..',~:'~.:. .:. . . ' ' ... -'" ......;;...-.'. . -'~ ,.... ,",", RESOLUTION NO. 99- 24 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Noel H Williams Lot 5, Block 54, of NAPLES PARK $ 245.00 PO Box 792 SUBDIVISION UNIT NO. 4, according Gallant, AL 35957 to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public Records of Collier County, Florida. REFERENCE: 80608-068 #62713760002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This ~~solution adopted after motion, second and majority vote. DATED: ;:,\\111011." ."" ~" JAN .1, 2t1Q99 ATTEST: . <, ., .;- BOARD OF COUNTY COMMISSIONERS DWiGHT.... ~ROCK, -:CLERK COLLIE~F~Ia . :'. :,'. ,':> "', ..' - " . ~ 4: ~~~Tt&l BY: ~ Attest<~$, tpCha1N4a,,~.. CHAIRMAN $1iWMb~1l.'!31 ,I~O ' FORM ~r rAE;j~ ~ J'L- D VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 , I I , ~U~ OF.~UUNTY COMK~~~~UN~K~ - -- COLLIER COUNTY, I'LORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JAM 1 2 1999 DATE: JAN 1 2 1999 Noel M Williams PO Box 792 Boaz, AL 35957-0792 REFERENCE 80608-068 #62713760002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block 54, of NAPLES PAIUt SUBDIVISION UNIT NO. 4, according to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/12/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in i I excess of 18" in height in a subdivision other than Golden Gate I . . Estates. I I \ Weeds over 18". r t You failed to abate such nuisance; whereupon, it was abated by the I, expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, ~ Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges ~ncurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I , , January 12, 1999 Item #16A12 RESOLUTIONS 99-25 THROUGH 99-29 RE CODE ENFORCEMENT CASE NO'S. 80511- Oll/MABEL M & VICTOR CHARLES ALBRECHT, 80609-105/THOMAS & LORRAINE SANZALONE, 80615-017, 80615-022, 80615-023 SUNBRELLA HOMES INC. Page 124 . " . . ' . , , . , . . . , JAN 1 ~ 1999":' ...,.... :............v,.oU-. ."f..'," . ,.....:"'.- .....- ,,-.- RESOLUTION NO. 99- 25 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Mabel M. &: Victor Lot 12, Block D, BROOKSIDE $ 380.00 Charles Albrecht UNIT #2, Subdivision as recorded 7719 Eagles Head Ct. in Plat Book 4 at Page 83 of Park Overlook the Public Records of Collier Rockville, Me 20855 County, Florida. REFERENCE: #80511-011 24880480004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED :., A ;. "N' 1 2 ' ,,' ; JA'" 1999 ATTEST :" '. .' ',~ BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA - " ~~~~ ~: 7e.te:.~'Io.,.KP.<1 BY: Atte, t 'as to Cha irmi-~! S C IRMAN S 1 !'~~W"cNH~l <<8 ". to FORM ~ :lFFICIENCY' ;(~ ~<2-D VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I I I , . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA J~N' 2 ,999 LEGAL NO~ICE OF ASSESSMENT OF LIEN DATE: JAN 1 2 1999 Mabel M & Victor Charles Albrecht 7719 Eagles Head Ct. Park Overlook Rockville, Me 20855 REFERENCE #80511-011 #24880480004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 12, Block D, BROOKSIDE UNIT #2, Subdivision as recorded in Plat Book 4 at Page 83 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/16/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Pieces of concrete, tire, plastic, paper, shoes, cabbage pa~ debris, rotted grapefruit etc... You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 180.00 and administrative cost of $200.00 for a total of $ 380.00. Such costs, by Resolution of the Board of County Commissioners of Collier count{, _____ 2- 1 . d h b d' th b JAN 1999 F orl a, ave een assesse agalnst e a ove property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of 'County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/9 I' I " .. "' " JAM 1 2 1999 ii' .. ,.. ~. ... - : .f' , , .. .... -.. ',;"~' :.:.-;." .,,:"': ..... . '...-~ RESOLUTION NO. 99- 26 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION; COST Thomas & Lorraine Sanzalone Lo~ 5, Block 8, NAPLES MANOR $245.00 18297 Grace Ave. LAKES according to 'the Plat PT Charl.ot~e, FL 33948 'thereof on file and recorded in ~he Public Records of Collier County, Florida. PB 3, Pages 86 and 87. REFERENCE: 800609-105 #62256800005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Th~snR~s9lution adopted after motion, second and majority vote. DAT~.~:IJAM'iJ~,~~.19~9 ',' ,-I :: ,.. ,~..l/.",. ',. ~:; ATTEST:' :,', <",'",,; BOARD OF COUNTY COMMISSIONERS DW~~~T,E. .aR~C.~/!~LERK COLLIER COUNTY, ~~ ex~,J;?~';~'f!>:/.tP.4 BY: ~ Atte 6, ,f.P . C~f~~'" CHAIRMAN s 1 gnatur~JMH 1) ,," . APPR AS TO FORM AND LEGAL ~ENC'l' - ~, ~ ~~ VID WEIG L COUNTY ATTORNEY CSce 11 - 1/1/99 , I , I , BOARD OF COUNTY COMMISSIONERS COLLIBR COtJN'1'Y, FLORIDA LEGAL NOTICB OF ASSBSSMENT OF LIBN JAN 1 ? 1999 DATE: JAM 1 2 1999 Thomas & Lorraine Sanzalone 18297 Grace Ave. PT Charlotte, FL 33948 REFERENCE 80609-105 #62256800005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block 8, NAPLES MANOR LAKES according to the Plat thereof on file and recorded in the Public Records of Collier County, Fl.orida. PB 3, Pages 86 and 87. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Gol.den Gate Estates. Weeds over 18" (2' ) . You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $'45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAM 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I , . . .. 'AN 1 11999, ,- ".. ,~ . /":..: .";.. ;." ' . . .i . , , .' , . .... "- \. .:0..;.'... __ ~_. h RESOLUTION NO. 99--2.1. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 4, Block 158 of $ 245.00 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, Naples, FL 34109 according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of 'the Public Records of Collier County, Florida. REFERENCE: 80615-017 #36180480006 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: JAN 1 2 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ~: ~U'CL ..7'",y"l ... /. AIJ.(l BY: ~~~~ Att st 'as to Cha1naan's -,. CHAIRMAN S }&9~kltfVE~ lis TO FORM AND EGAL S FFI I NCY: CSce 11 - 1/1/99 , I , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAM 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAM 1 2 1999 Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 REFERENCE 80615-022 #36180400002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ,IAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I . ,1...- ~. . ., ,", .... ., . - , ..\l\t~ 1 '2 1999 .' . ... -. . " ' ,. . ' ,. . ...~ .... - . ... ,"" RESOLUTION NO. 99-.l.L A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 2, Block 158 of $ 245.00 9085 Winterview Dr. Unit 4, Part 1, G01den Gate, Nap1es, FL 34109 according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Pub1ic Records of Collier County, Florida. REFERENCE: 80615-022 #36180400002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ,,;\)']lllilsJ~esolution adopted after motion, second and majority vote. ,~TED,: :JAN, t,? 1999 ..... .' :" I -:..., ,,:A,rrTE~T': ,,', ;-...~ BOARD OF COUNTY COMMISSIONERS .....,DWIGHT,E ~,: BROCK, CLERK COLLIER COUNTY, FLORIDA ~.:. ...... ....~ ~~~~ Jr~a-. tA,-<~ ;ria BY, Atf ,~ 'as\o.,~ba1rllan's CHAIRMAN s 1 ~ &~ l' 1 lis 'Pi. ~ ~Bn TO FORM :roC;;: j7~ fOt- D VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 , I : BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA J~t.\ \ 'l \999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN 1 2 1999 Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 REFERENCE 80615-017 #36180480006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I' " , " - AN 1 '2 1999 J , ' .....' ~~' I".;". _ ;.:, '"; RESOLUTION NO.' 99 _ ?q-" .......... ..vw A RESOLUTION OF THE BOARD OF COUN1~UgMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 3, Block 158 of $ 245.00 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, Naples, FL 34109 according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. REFERENCE: 80615-023 #36180440004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Th~s'R~sq~ution adopted after motion, second and majority vote. DATEB:, ,IAN' 1. ~ 1999 , ' " ,"",' ATTEST: ..~. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK," CLERK COLLIER COUNTY, FLORIDA cirF~"':'~...;n, 'fjl.-f4Cl BY, ~~: ~l~ Atte t as" ~o C.~aV_R HAIRMAN s1gnatureon1.Y.'" ','" , APPROVED AS TO FORM AND LEGAL S FFI IENCY: r6-n VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 , I . , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jAN 1 2 1999' LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN 1 2 'Q99 Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 REFERENCE 80615-023 #36180440004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did ,on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, --a Florida, have been assessed against the above property onJAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I , January 12, 1999 Item #16A13 RESOLUTIONS 99-30 THROUGH 99-33 RE CODE ENFORCEMENT CASE NO'S 80514- 018/HENRY CRAWFORD, 805l4-033/STRATIS & ANTIGONE KOULOURIS, 80515- 027/JENNIFER S BRANDON, & 80601-088/E B BASSICHIS Page 125 '.~'--'-~---'-'.'~'" . ---., ..-.--.-.....,-...--....". ~.._'.,,_..~-~_.- , , -JAN 1 2 19~9 ~ RESOLUTION NO. 99-..:!L A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Henry Crawford Lot 9, Block 13, NAPLES $245.00 5430 Martin St MANOR ADDITION, according to Naples, FL 34113 the Plat Book thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. REFERENCE: 80514-018 #62101760009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This R7~olution adopted after motion, second and majority vote. DATED: JAM 1,,'2'J9.~9 ATTEST' .", ~ ':,., BOARD OF COUNTY COMMISSIONERS . ':"'/'~t ,:~r.", ~.. DWIGHT .E; BROCK-,... CLERK COLLIER COUNTY, FLORIDA .. , 0:: ~~~n~ ~. ~~~. ".~ ;rt'. f!.. BY: t S't;J'S tQ,.,~b~'irlian's CH IRMAN S ~~~WvEffiil~s' TO FORM ~;AL S:lFICIENCY' dA AriA ^- ~I- DA ID WEIGEL COUNTY ATTORNEY I CSce 11 - 1/1/99 I , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .IAN 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN 1 2 1~99 Henry Crawford 5430 Martin St Naples, FL 34113 REFERENCE 80514-018 #62101760009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 13, NAPLES MANOR ADDITION, according to the Plat Book thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 paqes 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/14/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , I I , I , JAN 1 2 19$9 , ,~ -,~- .. . . ,~ . .', - - --.,. RESOLUTION NO. 99-31 . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Stratis & Antigone Koulouris Lot 5, Block 296, MARCO $245.00 3748 Wisconsin Ave BEACH UNIT EIGHT, a Berwyn, IL 30402 subdivision according to the plat thereof as recorded in Plat Book 6, pages 63-68, of the Public Records of Collier County, Florida. REFERENCE: 80514-033 #57748480003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This 'Resolution adopted after motion, second and majority vote. II DATED: .,- ....IAN,1 2 1999 ATTEST: ' .." ,;0" BOARD OF COUNTY COMMISSIONERS , ." DWIGHT 'E. BROCK, ~LERK COLLIER COUNTY, FLO~ -, , 4:.r;~. _~,*'.,-j,/P.a BY, ~ ~ ~..~ Attest as to ,'Ctla tnnan ~ s CHAIRMAN s1j~~1.B TO FORM AND EGAL SU FI IENCY: ( ~AVID WEIG I COUNTY ATTORNEY I , I I CSce 11 - 1/1/99 , , BOARD OF COUNTY COMMISSIONERS :tAN , 2 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: .IAN 1 2 1999 Stratis & Antigone Koulouris 3748 Wisconsin Ave Berwyn, IL 30402 REFERENCE 80514-033 #57748480003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block 296, MARCO BEACH UNIT EIGHT, a subdivision according to the plat thereof as recorded in Plat Book 6, pages 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/14/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .IAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I , , I , . . . JAN 1 2 1999 / ... .....--- --.. RESOLUTION NO. 99 - 3.t- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Jennifer S Brandon Lot 3, Block 66, NAPLES PARK, $390.00 791 -98th Ave N UNIT 5, according to the Plat Naples, FL 34108 thereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier County, Florida. REFERENCE: 80515-027 #62777640003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DAT~~ :".JA~li 1ij21999 ATTE:ST': ," ..:,> BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,~CLERK COLLIER COUNTY, FLORIDA , , -'" ~~.~ .a BY: Attes :;~s ,to C~a irllla.~.:s .. C IRMAN S i 9.t'DP~~~ l-\{~,\~d ~'FORM ~EGAL Sd';;r~ENCY: J dA ViA --- ~~~VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 " , '\ " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAN 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: .IAN 1 2 1999 Jennifer S Brandon 791 _98th Ave N Naples, FL 34108 REFERENCE 80515-027 #62777640003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 66, NAPLES PARK, UNIT 5, according to the Plat ~hereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier Coun~y, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-pro~ected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibi~ed dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18", Front & rear, tree branches, palm fronds, cut wood, downed tree, paper, plastic etc.. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 190.00 and administrative cost of $200.00 for a total of $ 390.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I j II , . JAN 1 2 1999 " . ~ , -. - . .~ ._. 0.". .. '_ .' , RESOLUTION NO. 99-33 . .. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST E B Bassichis Lot 30, Block 167, Unit 5 $245.00 535 Trotwood Ridge Dr Part GOLDEN GATE, according Pittsburgh, PA 15241 to plat thereof, recorded in Plat Book 5 Page 118 of the Public Records of Collier County, Florida. REFERENCE: 80601-088 #36242000007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Thi~,. Re;lolution adopted after motion, second and majority vote. DATEQ '~I AN. 1. 2 1999.,> ATTEST: .... BOARD OF COUNTY COMMISSIONERS ' , .~. DWIGHT E~' BROCK, cLERK COLLIER COUNTY, ~~ ' , lltk''''~ ~ fP. (l, BY: ~ CHAIRMAN Atte t ~Si,-to Cha1",ln's 5 1 OO:ip~Albl ~s TO FORM ~ LEGAL ~FICIENCY: ~A cL d&/L ..... ~ VID WEIGEL COUNTY ATTORNEY I CSce 11 - 1/1/99 I I, I , , BOARD OF COUNTY CO~SSIONERS COLLIER COUNTY, FLORIDA JAN 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN' 1 2 1999 E B Bassichis 535 Trotwood Ridge Dr Pittsburgh, PA 15241 REFERENCE 80601-088 #36242000007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 30, Block 167, Unit 5 Part GOLDEN GATE, according to plat thereof, recorded in Plat Book 5 Page 118 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/4/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .IAN 1 ? 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I , I, I ! January 12, 1999 Item #16A14 RESOLUTIONS 99-34 THROUGH 99-37 RE CODE ENFORCEMENT CASE NO'S 80220- 095/BOBBY CLAY TR, 80225-022/DREAMSCAPE HOMES INC., &: PAUL ACOSTA, 80309-053/MAYBELL ANDERSON, 80708-027/CLARENCE &: ALEXANDRA ABRAMS Page 126 -- .--.,.....,. --- ~ ; JAN 1 2 1999 , . . .. '. : RESOLUTION NO. 99- 34 ." A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Bobby Clay TR That portion of NW ~ of NW ~ $1,200.00 Royal Park Hammock of SW ~ of NW ~ lying North PO Box 122 of US Highvay #41, That portion Marco Is~and, FL 34146 NE ~ of NW ~ of SW ~ of NW ~ lying North of US Highway #41, and that portion of SE ~ of NW ~ of SW ~ NW ~ Section 36, Township 51S, Range 27E, Lying North of US Highway #41. REFERENCE: 80220-095 #00776280002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ThisAResolution adopted after motion, second and majority vote. ...../ DATED:. .IAN , 2 1999 , . ~, ATTEST: ./ .... BOARD OF COUNTY COMMISSIONERS DWIGHT E~ BROCK, ~'eLERK COLLIER COUNTY, FLORIDA .- , ~~~ ti:.:r;;~~-rt5P~ BY: CHAIRMAN Atte t as~to ~hai~~n's s 1 gR~W~VCEo JAB TO FORM AND LEGAL U F CIENCY: f.J- AVID WEIGEL I' COUNTY ATTORNEY , II " CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN \ ,,~\ 1 ') ~qqq DATE: JAN 1 2 1999 Bobby Clay TR Royal Park Hammoek PO Box 122 Marco Island, FL 34146 REFERENCE 80220-095 #00776280002 LIEN NUMBER: LEGAL DESCRIPTION: That portion of NW ~ of NW ~ of SW ~ of NW ~ lying North of US Highway #41, That portion NE ~ of NW ~ of SW ~ of NW ~ lying North of US Highway #41, and that portion of SE ~ of NW ~ of SW ~ NW ~ Section 36, Township 51S, Range 27E, Lying North of US Highway #41. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 2/20/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, vaste or abandoned property. Paper, plastic, cans, bottles, auto parts, cardboard, old pieces of lumber, tires, couch & appliances ete... You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 1,000.00 and administrative cost of $200.00 for a total of $ 1,200.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ,IAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property~ Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , I I I, I : JAN 1 2 1999 ", RESOLUTION NO. 99-:J.L -', A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Dreamscape Homes Inc. The North 75 Feet of The $585.00 Paul Acosta South 150 Feet of Tract 86, 741 Golden Gate Blvd GOLDEN GATE ESTAES, UNIT Naples, FL 34120 NO. 50, according to the Plat thereof, as recorded in Plat Book 5 at Pages 82 and 83 of The Public Records of Collier County, Florida. REFERENCE: 80225-022 #39329240004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal gf'iFhe assessment of the owner. TnlS'~~~qlution adopted after motion, second and majority vote. DATEP: JAN, l' ~.;~ i . ~ - . . ,_,.1;}" ATTEST: "", :; BOARD OF COUNTY COMMISSIONERS DWIGHT. E. BROCKie.CLERK COLLIER COUNTY, FLORIDA itrG$~~~-1P&.ct BY: ~~~~ At i:S't'~.ii.~ t~\iC~a'irwgn s CHAIRMAN s1gnature'onlJ. APPROVED AS TO FORM LEGAL Uif~~ ',L/ DAVID WE GEL 'U COUNTY ATTORNEY I I I CSce 11 - 1/1/99 I . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .IAN 1 '1 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN 1 ? eoa~ Dreamscape Homes Inc. Paul. Acosta 741 Golden Gate Blvd Naples, FL 34120 REFERENCE 80225-022 #39329240004 LIEN NUMBER: LEGAL DESCRIPTION: The North 75 Feet of The South 150 Feet of Tract 86, GOLDEN GATE ESTAES, UNIT NO. 50, according to the Plat thereof, as recorded in Plat Book 5 at Pages 82 and 83 of The Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 3/24/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, vaste or abandoned property. Wood, plastic, tub & tiles in front & each side of patio bottles, 5 qal.. Buckets re bar, concrete blocks etc... You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 385.00 and administrative cost of $200.00 for a total of $ 585.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, ----, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , , I I I , , ........ .', .J~" \ 2 1999.', . . , , . . RESOLUTION NO. '-Y~'':;~ ..-'...... .-- ---.... , A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Maybe11 Anderson Lot #24 MIRRA PARK, Beginning at $2,950.00 820 Springfield Cir N.W. corner section 20 T-51-S Sa1isbury, Me 21804 R-27-E Ran S 0016'00" W209.84 feet to iron pin then S 89027'40"E 452.35 feet to iron pin being point of beginning, then S 0012' 20"W 135.0 feet to iron pin then N 89027' 40" W 60.0 feet to iron pin then N 0012'20"E 135.0 feet to iron pin then S 890 27'40"E 60.0 feet to point of beginning. Lot #25 MIRRA PARK, Beginning at N.W. corner Section 20 T-51-S R-27-E Ran S 00 16'00"W 209.84 feet to iron pin then S 890 27'40"E 392.35 feet to iron pin being point of beginning then S 00 12'20"W 135.0 feet to iron pin then N 890 27'40"W 60.0 feet to iron pin then N 00 12'20"S 135.0 feet to iron pin the S 890 27'40"E 60.0 feet to point of beginning. REFERENCE: 80309-053 #00767440000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. I' " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAN' 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: .JAM 1 2 1999 Maybell Anderson 820 Springfield Cir Salisbury, Me 21804 REFERENCE 80309-053 #00767440000 LIEN NUMBER: LEGAL DESCRIPTION: Lot #24 MIRRA PARK, Beginning at N.W. corner section 20 T-51-S R-27- E Ran S 0016'00" W 209.84 feet to iron pin then S 89027' 40"E 452.35 feet to iron pin being point of beginning, 'then S 0012'20'~ 135.0 feet to iron pin then N 89027'40" W 60.0 feet to iron pin then N 0012'20"E 135.0 feet to iron pin then S 890 27'40"E 60.0 feet to point of beginning. Lot #25 MIRRA PARK, Beginning at N.W. corner Section 20 T-51-S R-27-E Ran S 00 l6'00"W 209.84 feet to iron pin then S 890 27'40"E 392.35 feet to iron pin being point of beginning then S 00 12'20"W 135.0 feet to iron pin then N 890 27'40"W 60.0 feet to iron pin then N 00 12'20"S 135.0 feet to iron pin the S 890 27'40"E 60.0 feet to point of beginning. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 3/19/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian Pepper Hedges. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 2,750.00 and administrative cost of $200.00 for a total of $ 2,950.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 ~99 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. I CLERK, BOARD OF COUNTY COMMISSIONERS I I , CSce 9- 1/93 JAN 1 2 '999 This Resolution adopted after motion, second and majority vote. DATED: JA.N ~t 2 1999 ATTEST: ., ... BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCI<;,' -,CLERK COLLIER COUNTY, FLORIDA -k: r:;.tfi.c. ..d/!.:-., xP~ BY: ~~~ - es~ as to Cha 1rman ',~ C IRMAN signature 0011_ ' APPRO~D:~S+O 'FORM AND LEGAL' 'F7t::..~ ~ D VID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I I I , . JAN 1 2 1999, ; . ' ,-,- RESOLUTION NO."~r9:::'~H""~""- " A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Clarence & Alexandra Abrams Lot 25, Block 166, Unit 5, $245.00 480 Boyne St Part-GOLDEN GATE according New Hudson, HI 48165 to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. REFERENCE: 80708-027 #36240720004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This ~esolution adopted after motion, second and majority vote. DATED: , JAtf ;1,~2. 1999 ,- ' . ATT?ST: ',; -~ ~ BOARD OF COUNTY COMMISSIONERS .:.:,..... DWIGHT E. BROCK,~CLERK COLLIER COUNTY, FLORIDA , , '..,. ~ ."... A!ir:::::ff'~~~ BY'~ ~~IRMAN s1i~~'A~ TO FORM AND LEGAL S FF CI NCY: CSce 11 - 1/1/99 I I , I , I BOARD OF COUNTY COMMISSIONERS ~AN 1 2 J999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAM 1 2 1999 Clarence & Alexandra Abrams 480 Boyne St New Hudson, HI 48165 REFERENCE 80708-027 #36240720004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 25, Block 166, Unit 5, Part-GOLDBN GATE according to plat thereof recorded in Plat Book 6, Page 118 of the Public Recorda of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/8/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I, I I , January 12, 1999 Item #16A15 RESOLUTIONS 99-38 THROUGH 99-42 RE CODE ENFORCEMENT CASE NO'S 71022- 079/ALBERTS J MCLENON, 80626-010/80624/014/80626-015/ANDRES & FELIPA P GALAN , 80710-087/STUART 0 KAYE TR Page 127 -_.__.-. . .n_._.." ----.. ;1 :. . " , - - ~ ' . JAN 1 2 19~. .' . '. .....-. _.--. RESOLUTION NO. 99- 38 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY; FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Alberta J McLenon The Sou'th 173 feet of 'the $500.00 4790 Pine St East 130 feet of the East Naples, FL 34112-6429 ~ of the Southeast ~ of the Southwest ~ of Section 14, Township 50 South, Range 25 East, less and except 50' State Road Department right-of-way. REFERENCE: 71022-079 #00395040005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .. i 'JA N /1.~ 1999 ....... . ,',I ~. . ATTEST:": " ,__ '.' -:;., BOARD OF COUNTY COMMISSIONERS ~~.IGHTE .;:BROCK~: CLERK COLLIER COUNTY, FLORIDA 'c,'",'.,''''''' ':., , ~~~~ !J!::ti4'-'.#'~~<Z BY, , · >> A', . . , . CHAIRMAN tt s,t/ as to Chli . '. " sf on a t'JtN...AA.1 . ". '{ APPRuv.tlf.q, ," .. FORM AND LEGAL SUFFICIENCY: ~J jft.,~ G-..:Z DAVID WEIGEL f"-" --COUNTY ATTORNEY I CSce 11 - 1/1/99 ' 'I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAN 1 21999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN 1 2 1999 Alberta J McLenon 4790 Pine St Naples, FL 34112-6429 REFERENCE 71022-079 #00395040005 LIEN NUMBER: LEGAL DESCRIPTION: The South 173 feet of the East 130 feet of the East ~ of the Southeast ~ of the Southwest ~ of Section 14, Township 50 South, Range 25 East, less and except 50' State Road Department right-of- way. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 12/10/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Abandoned boat, wood, car parts, plastic etc... You failed to abate such nuisance; whereupon, it was abated 'by the expenditure of public funds at a direct cost of $ 300.00 and administrative cost of $200.00 for a total of $ 500.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAM 1 2 ~99 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , I II ........ " . JAN 1 2 1999, ~ .'-- RESOLUTION NO. 99- 39 A RESOLUTION OF THE BOARD OF COUNTY ~tlMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made' until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Andres & Felipa P Galan The North 77 feet of the $245.00 6110 Taylor Rd South 539 feet of the West Immokalee, FL 34142 ~ of the Northeast ~ of 'the Northeast ~ of the Southwest ~ of Section 33, Township 46 South, Range 29 East, Collier County, Florida. The West 30 feet reserved for Roadway Easement. REFERENCE: 80626-010 #00086520009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: JAN 1 2 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT ,IE.\ hJ;l'ROCK, CLERK COLLIER COUNTY, FLORIDA .." I,' <.J" ti:- - \:,~'~ BY: ~~~ : ~#--P;~ ~~ '$ /JIla At r .' CHAIRMAN t, st as to Cha 1"'ln" S~~Dn~ TO FOb, ~GAL SUFFIC.IENCY, '" ',d,.;~J~Mr--- fy:- D VID WEIGEL COUNTY ATTORNEY I' CSce 11 - 1/1/99 I. I " BOARD OF COUNTY COMMISSIONERS JAN 1 2 1999 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN 1 2 1999 Andres & Felipa P Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-010 #00086520009 LIEN NUMBER: LEGAL DESCRIPTION: The North 77 feet of the South 539 feet of the West "" of the Northeast"" of the Northeast ~ of the Southwest"" of Section 33, Township 46 South, Range 29 East, Collier County, Flor.ida. The West 30 feet reserved for Roadway Easement. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/26/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulat.ion of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .1 ~~, 1 ? tq99 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I' , II " ...,' , " . . . . . . .... .'.. . , '-' .'~ .. . .' - '. ,~ . ,_. . , ,... ~. ' . . .,.'~ .' .,. . . . -. . ~ , v.~.. ;'~ -,.. .' . r'. JAN 1 2 1999 . . - ,-'.. ~~ .,.....!:::.;... ;. ...... RESOLUTION NO. 99- 40 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Andres & Felipa Galan The North 77 feet of the Sou1:h 462 $245.00 6110 Taylor Rd feet of the West ~ of the Northeast Immokalee, FL 34142 ~ of the Northeast ~ of the Southwest ~ of Section 33, Township 46 South, Range 29 East, Collier County, Florida. REFERENCE: 80626-014 #00087480106 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. . ~l1iS?R#(~~lution adopted after motion, second and majority vote. DA~~~. :,--JAN ,2~99 , I . "; ,.p- ATTEST :" ' , , ~:\ BOARD OF COUNTY COMMISSIONERS ~WIGHT E. BROCK ,i,CLERK COLLIER COUNTY, FLORIDA .' ~: I . ,c,t... . ~ ~~~~ #:~U<<~...~~a BY: 'I" '" ,-'. I Attest ;i/t~ 'CJllfY'~~ ,',,' , ' CH~IRMAN s i9llmn~s ..r.pdn~RM AND J:EG · SUFFICIENCY, r j" J ;( ([/l^-- ~DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I I I, , , BOARD OF ,COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAN 1 '} 1999 LEGAL NOTICB OF ASSESSMENT OF LIEN DATE: JAN 1 2 1999 Andres & Felipa Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-014 #00087480106 LIEN NUMBER: LEGAL DESCRIPTION: The North 77 feet of the South 462 feet of 'the West ~ of the Northeast ~ of the Northeast ~ of the Southwest ~ of Section 33, Township 46 South, Range 29 East, Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/26/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writin9 within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 , I , I, I , JAM 1 2 1999 t<.J;:;~ULU'l'lU1\l 1\10.. ~9:':'4'i - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Andres , Felipa Galan Commencing at the NW corner $245.00 6110 Taylor Rd of the HE quarter of the HE :Immokalee, FL 34142 quarter of the SW quarter of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run Southerly 30 feet along the West line of said parcel to the point of beginning, said point being on the South right-of-way line of Lake Trafford Road; continue Southerly 99.10 feet along said line; thence Easterly 166.06 feet parallel with the south line of said parcel; thence northerly 99.20 feet to the south right-of-way line of Lake Trafford; thence Westerly 166.06 feet along said right of way line to the Point of Beginning. The West 30 feet reserved for road way easement. REFERENCE: 80626-015 #00087480203 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. I' , 'I , BOARD OF ~OUNTY COMMISSIONERS COLLIBR COUNTY, FLORIDA JAN 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LIBN DATE: JAN 1 2 1999 Andres & Felipa Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-015 #00087480203 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the NW corner of the NE quarter of the HE quarter of the SW quarter of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run Southerly 30 feet along the West line of said parcel to 'the point of beginning, said point being on the South right-of-way line of Lake Trafford Road; continue Southerly 99.10 feet along said line; thence Easterly 166.06 feet parallel with the south line of said parcel; thence northerly 99.20 feet to the south right-of-vay line of Lake Trafford; thence Westerly 166.06 feet along said right of way line to the Point of Beginning. The West 30 feet reserved for road way easement. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/26/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commiaaion.rs to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. I' CLERK, BOARD OF COUNTY COMMISSIONERS , II . , CSce 9- 1/93 .IAN 1 2 1999 This Res9lu~ion adopted after motion, second and majority vote. DATED: JAN" 1 2 1~q9 &.' -I .., ,t i ~., .... . ATTEST:, J..:p BOARD OF COUNTY COMMISSIONERS DWIGHT E .BROC~, \.CLERK COLLIER COUNTY, FLORIDA ;i:J;~..d~4J.a BY, ~~ ~ ~ Att . "L Ch '. CHAIRMAN . Sf,. as to airman~:s ". '~- . SWP~~t~ljs TP' 'FORM AND LEGAL SUFFICIENCY: JJn. ct.. ~. :Af~ {ifl--D VID "'WEIG If COUNTY ATTORNEY CSce 11 - 1/1/99 , " II , ' " JAN 1 'l 1999 .~~ ' .. RESOLUTION NO. 99-42 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Stuart 0 Kaye TR Lot 26, Block 122, Golden $245.00 1100 -5~ Ave S STE 401 Gate, Unit 4, Plat Book 5, Naples, FL 34102 Pages 107-116, inclusive, of the Public Records of Collier County, Florida. REFERENCE: 80710-087 #36114520000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ThisiResolution adopted after motion, second and majority vote. DATEp: JAN 1 2,'1999 ....'. ATTE$T: ~',. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, e~ERK COLLIER COUNTY, FLORIDA 4r~v:-.. l~. ~ - fJlfJ.ll. BY, ~ ~ ~ './ . . . " CHAIRMAN Attest a$.ito Chilf~\' . S j.R~rA7ai J~ ' TOa~~RM AND LEGAL ~ CIENCY, DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I Iii BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAM 1 2 1999 LEGAL NOTICB or ASSESSMENT OF LIEN Stuart 0 Kaye TR DATE: JAN 1 2 1999 1100 -5~ Ave S STE 401 Naples, FL 34102 REFERENCE 80710-087 #36114520000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 26, Block 122, Golden Gate, Unit 4, Plat Book 5, Page. 107-116, inclusive, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other 'than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property onJAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I II j , . January 12, 1999 Item #16A16 GRANT PROPOSAL TO THE U.S. FISH AND WILDLIFE SERVICE TO ASSIST IN FUNDING THE PRINTING AND DISTRIBUTION OF THE COLLIER COUNTY BOATERS GUIDE Page 128 ---"~_._~--,. _'0_._.,__ - JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 --."." --... ,-,- January 12, 1999 Item #16A17 RESOLUTIONS 99-43 THROUGH 99-47 RE CODE ENFORCEMENT CASE NO'S S0602- 02S/WILLIAM FOTRE JR & SUZANNE M FOTRE, S0604-050/MARC D JACOBSON TR, S061S-064/RAM VENTURES INC. % FAULCONER TILE & MARBLE, S0619-002/JOHN J & DORIS J PETRUZZI & S0702-065/KENNETH A & ROXANNE L FLASKA Page 129 --"-_._-" ----- , ' JAN 1 2 199,9 ..,. . ~. ," .....,. ..... .. RESOLUTION NO. 99-43 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST William Fotre JR & Lots 13 & 14, Block B, Haldeman $290.00 Suzanne M Fotre River Subdivision, according to the PO Box 11096 plat thereof, as recorded in Plat Naples, FL 34101 Book 2, Page 87, of the Public Records of Collier County, Florida. REFERENCE: 80602-028 #48730280000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ,Thf~,~esolution adopted after motion, second and majority vote. D~TED :J A N ',1 f tq99 ATTEST: .."" BOARD OF COUNTY COMMISSIONERS "l?WIGHT E. BROCF;;/J CLERK COLLIER COUNTY, FLORIDA (,. ,.~ a ," ,t:, -h:, ~"''''.L7'~'~~.a. BY: ~ ~ ~ ' ,;' \ '.. 'CHAIRMAN Attest',IS to'~Gha'irman's s mfl~i~~f!jl1zts TO FORM ANDciLEGAL ~UFFICIENCY' J LA ~ A rl/LA- 'v DAVID WEI EL COUNTY ATTORNEY CSce 11 - 1/1/99 I , I I I , BOARD OF COUNTY COMMISSIONERS c; ~- C/~ - '~-l/ / COLLIER COUNTY, FLORIDA JAN 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: jAN 1 2 1999 William Fotre JR & Suzanne M Fotre PO Box 11096 Naples, FL 34101 REFERENCE 80602-028 #48730280000 LIEN NUMBE~: LEGAL DESCRIPTION: Lots 13 , 14, Block B, Haldeman River Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 87, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on jAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive 'or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I I I i , . . . , .' JAN 1 2 1999 . "... '. ",J .;. , . . . . . - . -- ...,."...... . . .'.. ~ - RESOLUTION NO. 99-44 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Marc D Jacobson TR Lot 21, Block 97, Unit 3, $245.00 115 E Rivo Alto Dr GOLDEN GATE ESTATES, according to Miami Beach, FL 33139 the Plat thereof, as recorded in Plat Book 5, Page 105 of the Public Records of Collier County, Florida. REFERENCE: 80604-050 #35997640001 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. ,~~i$~~esolution adopted after motion, second and majority vote. DATED: ,JANl1)~/ 1999 '- . .;1/0 ATTEST: . ~, BOARD OF COUNTY COMMISSIONERS m~IGHT E. BROC~;' ,CLERK COLLIER COUNTY, FLORIDA , .;....:: ~~~~ \';-..., , At!&~~~~:;:i:+~ ~ BY: CHAIRMAN . ,'t'. \ " sigi~~~~'AS TO FORM ~LEGAL jlUFFI CIENCY, ~ jJt1~ (D~DAVID WEIGEL " COUNTY ATTORNEY II , CSce 11 - 1/1/99 BOARD OF COUN'lY COMMISSIONERS COLLIER COUNTY, FLORIDA JAN 1 2 1999 LEGAL NOTICB OF ASSBSSMENT OF LIEN Marc D Jacobson TR DATE: JAN 1 2 1999 115 E Rivo Alto Dr Miami Beach, FL 33139 REFERENCE 80604-050 #35997640001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 21, Block 97, Unit 3, GOLDEN GATE ESTATES, according to the Plat thereof, as recorded in Plat Book 5, Page 105 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property onJA~' 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I j I 'I , , J AN 1 2 1999. - RESOLUTION NO. 99- 45 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Ram Ventures Inc Lot 13, Block 106, Golden $245.00 % Faulconer Tile & Marble Gate, Unit 3, according to Attn. Arthur Faulconer the plat thereof recorded 5, 9853 Tamiami Trl N STE 106-017 in Plat Book Pages 97 to lOS, Naples, FL 34108 inclusive, Public Records of Collier County, Florida. REFERENCE: 80618-064 #36004120002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ,IAN 1 2 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 1t..:.~;<<< 7'~~ :~,a. BY: ~~~ CHAIRMAN A test as to Chaf~ i~UlSDM.~.TO l Rlj ~W~ (1- DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 I' 'I BOARD OF COUNTY COMMISSIONERS COLLIER COUN'lY, FLORIDA .lAN 1 2 1999 LEGAL NOTICE OF ASSESSMENT OF LZEN DATE: JAN 1 2 1999 Ram Ventures Inc % Fau1coner Ti1e & Marble Attn. Arthur Fau1coner 9853 Tamiami Trl N STE 106-017 Naples, FL 34108 REFERENCE 80618-064 #36004120002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 106, Golden Gate, Unit 3, according to the pla~ thereof recorded in Plat Book 5, Pages 97 to 105, inclusive, Public Records of Co11ier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/18/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected movable vege~ation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property o~IAN 1 2 1999 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I' I , , , . . JAN 1 2 1999 RESOLUTION NO. 99- 46 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST John J , Doris J Petruzzi Lot 53, Block 239, Marco Beach $245.00 117 W Main St Unit Six, a subdivision according PO Box 273 to the Plat thereof, recorded in E Brookfield, MA 01515 Plat Book 6, page 47-54 of the Public Records of Collier County, Florida. REFERENCE: 80619-002 #57374080000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30 ) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DA~~R i, ,~,~ jJAN 1 2 1999 ATTEST . ~', '.,,' ,. BOARD OF COUNTY COMMISSIONERS ~. . t, .I~: ~"'DWIGHT E. i'BROCK, CLERK COLLIER COUNTY, FLORIDA '~ ;'~:~,~c~~,,~(J BY: ~~~~ ,.' CHAIRMAN .. ,.' . ... "A.ePROVED..'~S' TO FORM 1J'LEGAL JUFFICIENCY' ~ AIl1./l-- ~DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 j II I , , -~._-_. ---- --. BOARD 01' eoUN'lY COMMISSIONERS JAM f 2 .. COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JAN 1 2 1999 John J & Doris J Petruzzi 117 W Main st PO Box 273 E Brookfield, MA 01515 REFERENCE 80619-002 #57374080000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 53, Block 239, Marco Beach Unit Six, a subdivision according to the Plat thereof, recorded in Plat Book 6, page 47-54 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/29/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in heiqht in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty (30 ) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 I I I II , , ""--.--..--- JAN 1 2 1999 ~ c - t{.t!:tiULUTIUN NU. ~9 - '4,., A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30 ) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Kenneth A & Roxanne L Flaska Lot 32, Block 332, Marco $245.00 28 Roslyn Rd Beach Unit 10, a subdivision Grosse pt Shores, MI 48326 according to the Plat thereof, recorded in Plat Book 6 at Pages 74-79 of the Public Records of Collier County, Florida. REFERENCE: 80702-065 #57859840008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: JANii~, 1. "" .w, :)i :,:,.,..1<(; BOARD OF COUNTY COMMISSIONERS ATTES,,!: ;..' ,'. ,'}':\',I,\i" DWIGHT E.: B~dC*i~"'.CLERK COLLIER COUNTY, FLORI~_ ." n'-:i :.~~ : ~ BY, ~~ ~ - CHAIRMAN At eSJas to Chairman:"s S1~I9nll;. TO FORM Tk1ALS1~: (t- AVIt) WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 j I I I , ------ BOARD OF COUNTY COMMISSIONERS COLLIER COON'lY, FLORIDA \ b ~ \ ? ,QqQ LEGAL NO~ICE OF ASSESSMENT OF LIEN DA~E: JAN 1 2 1999 Kenneth A & Roxanne L Flaska 28 Roslyn Rd Grosse pt Shores, MI 48326 REFERENCE 80702-065 #57859840008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 32, Block 332, Marco Beach Unit 10, a subdivision according to the Plat thereof, recorded in Plat Book 6 at Pages 74-79 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JAN 1 2 1999 and shall become a lien on the property thirty ( 30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30 ) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 " I, I . .-.---.-- January 12, 1999 Item #16A18 FINAL PLAT OF C.M.G. PLAT Item #16A19 BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE CDBG BULLARD SUBDIVISION PORTION OF THE 1997 CDBG GRANT INTO THE SHELLABARGER PARK PORTION Item #16A20 A $25,000 BUDGET AMENDMENT FROM FUND 121, RESERVES, TO THE CDBG PROJECT SHELLABARGER PARK FOR THE PURPOSE OF CONSTRUCTING SIDEWALKS Item #16A21 RESOLUTION 99-48 RE A 100% IMPACT FEE WAIVER OF ROAD, LIBRARY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, WATER IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ANTONIO D. CAMALLERY IN NAPLES MANOR, IMPACT FEES TO BE PAID BY THE AFFORDABLE HOUSING TRUST FUND ( 191) Page 130 .----.-,..- ._-- -~ ......----;-----..."..-.." . RESOLUTION NO. 99- ~ a-- JAN 1 2 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMP ACT FEES, REGIONAL SEWER SYSTEM IMP ACT FEES, LIBRARY SYSTEM IMP ACT FEES, PARKS AND RECREATIONAL FACILITIES IMP ACT FEES, ROAD IMP ACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMP ACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ANTONIO D. CAMALLERY ON LOT 10, BLOCK 9, NAPLES MANOR, COLLIER COUNTY FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 ~., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Antonio D. Camallery is seeking a waiver of impact fees; and WHEREAS, Antonio D. Camallery will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 10, Block 9, Naples Manor which is proposed to sell for Seventy-Seven Thousand Dollars ($77,000.00); and WHEREAS, Antonio D. Camallery, submitted to the Office of Housing and Urban Improvement an Affordable Housing Application received on October 28, 1998 for a waiver of impact fees for the construction of a house on Lot 10, Block 9, Naples Manor, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Antonio D. Camallery has qualified for an impact fee waiver based upon the following representations made by Antonio D. Camallery: A. The Dwelling Unit shall be sold to a first-time home buyer. - 1 - I ~~___.m___ JAN 1 2 1999 B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an authorization for waiver of impact fees to Antonio D. Camallery for one (1) house which shall be constructed on Lot to, Block 9, Naples Manor, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Antonio D. Camallery, and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot to, Block 9, Naples Manor by Antonio D. Camallery: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $ 1.575.00 TOTAL IMP ACT FEES $6,779.52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 , - ---- JAN 1 2 1999 This Resolution adopted after motion, second and majority vote favoring same. DATED: JAt~t\f, 19q9 \, , " A TrEST: . ""/ BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, clcik COLLIER COUNTY, FLORIDA , . ~~~ -, - .s;..' 4/t;~r~.-.li# "#o~ ~ IE. By: ,/ . ,Chairman ~ ' . ~2,/7'? Atte~~ as to Cha,rman s s ignatureoni~~ ' Approved as to form and legal sufficiency: I~L{{ ),M.1 , "--_ Heidi F. Ashton Assistant County Attorney jdlf/reso/camallery - 3 - JAN 1 2 1999 EXIDBIT "A" LEGAL DESCRIPTION LOT 10 OF BLOCK 9, NAPLES MANOR, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGES 67 AND 68, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - \. '. JAN 1 2 1999 .. (0 . - . .. .. ~ --tt= 44' ~ . a' 8\ ~ 1 - - - . ~ (\l ... \(1 - \,1 ~ " - ~ M 1 - \ 3l'~ :- . ~ ~ ~. .-,' , ~t- I 5'~3e CAi~rON S r- . -, GW.blER: AI\~tt> C~&Lflevy . .' ; ( LCLT: 10 1 BLOGK:' 9- . ~ LEGAL:' ~" I~ JY1? Ovlo'" ~l-,tM I SUBDIVISION: _' Ale, ~ 1e..J mOtto-r- ~ .. . /. . . ;, . , '. , .' - . . . ~ . ~ ....... ." . - - .' . - , . JAN 1 2 1999 ) . - , ,,- - ~ letn: 2420151 OR: 2502 PG: 0290 RIC 01 37.50 , CLIRI fO fBI BOARD RICORDID in the OffICIAL RleORDS of COLLIIR COUNfY, lL COPIIS 8.00 IN'lBROlPICB US lLOOR 01/14/99 at 09:07AM DVIGS'l I. BROCK, CLIRK Bl'f 7240 AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMP ACT FEES This Agreement for the Waiver ofImpact Fees entered into this/ ~ day of ~, 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Antonio D. Camallery, hereinafter referred to as "OWNER". WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69, they may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing, and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Administrator or his designee has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance, and I JAM 1 2 1999 , , I , OR: 2502 PG: 0291 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver, and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- ~ at its regular meeting of r-y;. , 1999, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. OWNER maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; 2 I JAN 1 2. 1999 0 " OR: 2502 PG: 0292 b. OWNER is a first time home buyer; c. The Dwelling Unit shall be the homestead of the OWNER; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit, and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the ; 3 ~ , JAN 1 2 1999 , .. . OR: 2502 PG: 0293 COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement: (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of 4 I ., "' JAN 1 2 1999 . , ~ OR: 2502 PG: 0294 this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Except as provided in Paragraph 7 such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNER: ~ ~~~~~- ~r ~~~S~ 5 I ---~---_.- ; JAN 1 2 f999 ,'" 0.. , . - .. .. , . J ,'<.. " ,"~ ..u '. .' .. . .. , '. ~... . .." OR: 2502 PG: 0295 STATEOF ~~ COUNTY OF ~-- :/ The foregoing instrument was acknowledged before me this ,,;2.;< day of d,-4!:.. . , 1998, by A;;;;o.,-;?/p ~/). ~'Q'" // ~,,4..7 wlRris l'ersenally knowR to me, (or produced ()L,.J' C 5 4~ -d.t:'.:;/ -..y3 - ~...&s identification). NOTARY SEAL ~, ,v~ JOANNE DALBEY ,/ :v.. MY COMMISSION # cc 739612 ignature of Notary Public DATED: .,...., OF t\fIJ.~ EXPIRES: osl3O/2OO2 .;:;o/ffl/?~ ~~7 ' " '" U' , , . 1.800.3..NOTARY Fl. NolIry Services" BoDdina Co, , 'J . .t Jj I ' '. i '.' '." ,'" V/.. "ATTEST:" '-" ....:/ BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROGK., Clerk COLLIER COUNTY, FLORIDA (.~- /' ~~. ~;; ~~~l~ ~#~~.-J ,AP,(}. By I _' 1 ... Atte,~,~ as::~,\tl1a 1 rman · s 1//>/9 J aIrman signature'" on1\_ Approved as to orm and legal sufficiency 1,)( It/I (J A~,I\ //"-. .----.- Heidi F. Ashton Assistant County Attorney jdlfJagreementlcamallery 6 I ., '. JAN 1 2 1999 ~,' . ;-/',r . , . . ' . ~ ~ ... .- "'".., .' t .. OR: 2502 PG: 0296 EXHIBIT" A" LEGAL DESCRIPTION LOT 1 0, BLOCK 9 OF NAPLES MANOR UNIT 1 ACCORDING TO THE PLAT THEREOF OF RECORD IN PLAT BOOK 3, PAGE 67 AND 68 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 I . . JAN 1 2 1~99 . " DEC-11-1998 01:24 r" *~OR: 2502 PG: 029~** ~ (0 . - .. ~ -t= 44' ~ . a' a\ ~ 1 -. ... - .. ~ - \(l N ~ - t' . ~ l'\ M - - 1 '3l" ~ \ ... .- .. ~ ... ::; . ...,..~+-- I S~36 CAit..roll S r- - ., . A"fD.i(t) C~o-lle.,.""/ OWNER: . .~ , ( LO-T.: 10 BLOGK~' q - . LEGAL:' /Va/) (GJ ;4)~or' 4JJ,~ " , ^,c,~ Ie..' mt:K),crr- SUBO'V1SI0N; ..: .- -. . /. \ January 12, 1999 Item #16A22 RESOLUTION 99-49 RE A 50% WAIVER/50% DEFERRAL OF ROAD, LIBRARY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR A THREE BEDROOM HOUSE TO BE BUILT BY HENRY C. NONHOMME AND MARIE L. ALEXANDRE IN GOLDEN GATE, FEES TO BE PAID FROM AFFORDABLE HOUSING TRUST FUND ( 191) Page 131 --~"~-_"'_'~"~------~".._,_.",,--._--.__.- JAN 1 2 1999 RESOLUTION NO. 99- 49 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING 50% W AIVERJ50% DEFERRAL OF REGIONAL LIBRARY SYSTEM IMP ACT FEES, PARKS AND RECREATIONAL FACILITIES IMP ACT FEES, ROAD IMP ACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMP ACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMP ACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HENRY C. NONHOMME AND MARIE L. ALEXANDRE AT 4458 17TH COURT S. W., GOLDEN GATE, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Henry C. Nonhomme and Marie L. Alexandre are seeking a 50% waiver/50% deferral of 100% of impact fees; and WHEREAS, Henry C. Nonhomme and Marie L. Alexandre will construct one (3) three bedroom unit (the "Dwelling Unit") at 4458 17th Court S. W., Golden Gate, Collier County, Florida, which is proposed to cost One Hundred Three Thousand Five Hundred and Fifty Dollars ($103,550.00); and WHEREAS, the Dwelling Unit will be owned by a low income household, and WHEREAS, Henry C. Nonhomme and Marie L. Alexandre submitted to the office of Housing and Urban Improvement an Affordable Housing Application dated September 30, 1998 for a 50% waiver/50% deferral of impact fees for the construction of a house at 4458 17th Court, I 1 JAN 1 2 1999 s. W., Golden Gate, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-07, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a waiver; and WHEREAS, Henry C. Nonhomme and Marie L. Alexandre have qualified for a 50% waiver/50% deferral based upon the following representations made: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 50% waiver/50% deferral of impact fees to Henry C. Nonhomme and Marie L. Alexandre for one (1) house which shall be constructed at 4458 17th Court S. W., Golden Gate, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver/deferral signed by Henry C. Nonhomme and Marie L. Alexandre, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following ; 2 JAN 1 2 1999 impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 4458 17th Court, S. W., Golden Gate, Collier County, Florida by Henry C. Nonhomme and Marie L. Alexander: a) Library Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Impact Fee Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14..00 e) Educational Systems Impact Fee 1.778.00 TOTAL IMPACT FEES $3,929.52 3. The payment of impact fees by CoWer County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. DATED: JAN 1 2 mqg \,- .,;.. ~\ ~l ~~,:: . i . , \;4' .II. :ATTEST: '.., BOARD OF COUNTY . ~ . DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA i,-#-,' ")';!!!~ ~~~ . <':".. ' ~ IZ;~~ U~J(1(Cl '<,\' ". , Chairman At~e~t' as -~p':Chd frman' s /j/Y?7 s1gnatureonl,y. Approved as to form and legal sufficiency !L/,,/ /1rL l'~--- ~._- Heidi F. Ashton Assistant County Attorney j dI c/resolhommealex 3 JAN 1 2 1999 EXHIBIT "A" LOT 11, BLOCK 33, GOLDEN GATE, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 65 THROUGH 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 4 DEe-10-199B 04:'34 P.05 JAN 1 2 1999 eo' ~ 41.' .. t.n '" N I ~ ~ - ~~ ~ ~. I "'-I ...., 1.$' +- fl r 1 l\\! I C1' ~ , ; 1 80" i I t'd.t.. 0" .,..,...."'~,) AS ee'c.Ul~" . 17 'tJJ Co~~ r Sit! 't. L.. S c..AL. ~ L.()f-- /1, au 3 '/ c;.c/d~ G~i.:le. I Ufl,~f 2- 80'{E2. . No,", AOlt1wtc. / Ale 'I W\. lrt:.... . r I ~-_...- JAM 1 2 1999, , .'- 2420749 OR: 2502 PG: 0279 RICORDID in OllICIAL RICORDS of COLLIIR COURTY, 'L 01/14/99 at 09:05AM DWIGHT I. BROCK, CLBRI RIC III 37.50 COPUS 8.00 Retn: CLERt TO 'HI BOARD IH'rIROllICI 4TH !LOOR BIT 7240 AGREEMENT FOR500/0WAIVER/500/0 DEFERRAL OF 1000/0 OF COLLIER COUNTY IMP ACT FEES This Agreement for the Waiver of Impact Fees entered into this ~ day of , 1999 by and between the Board of County Commissioners of Collier ounty, Florida, hereinafter referred to as "COUNTY" and Henry C. Nonhomme and Marie L. Alexandre, hereinafter referred to as "OWNER." WIT N E SSE T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral ofimpact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and I I JAN 1 2 1999 , " '. . ." ; - " ' '.. , OR: 2502 PG: 0280 WHEREAS, the COUNTY approved a waiver/deferral of impact fees for O\VNER embodied in Resolution No. 99-'/Jat its regular meeting Ofr' -. f.:J.. . 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and I 2 JAN 1 2 1999 . " , '. ,: OR: 2502 PG: 0281 e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and 3 i JAN 1 2 :~1999 , , . " OR: 2502 PG: 0282 assIgns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the 4 I .--"-.---- .. . . . , .. .>' , . . "I, j~tl , 'l '999. .. "' > ~ , , ' . -.. OR: 2502 PG: 0283 COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for WaiverlDeferral ofImpact Fees on the date and year first above written. Witnesses: (2) OWNER: ~4- ~it C?, </~~ Pnnt Name urz.......,4 '" 6'-1J-v 'Henry . Nonhomme a:N';;;'~~~ Witness:.G OWNER: ~ ~ L ~~A]~~d~~ Print NamV~ r#;c-c 6';61.,'".J VS~:.; ..t:~:7t..s..7 STATE OF ...~ ) COUNTY OF . ) T~ instrument was acknowledged before me this // day of , 1998, by Henry C. Nonhomme. He is personally known to me...'9t. pr.egu~ea (lypc ufidcntifieation) as idcmtifiefttion. [NOTARIAL SEAL] '. , ,. ..... . "" ". ~1~ JOANNE DALBEY , - ~~I MY COMMISSION" ex: 739612 EXJ'IRES: OSfJOI2OO2 , ' -"ort\G 5 1,IOO.3,NOTARY Fla. Notary Servica" Bondin. Co, I p ~,; > ~ " '.. " " JAN 1 2..,999 , ' ~. -. . , - OR: 2502 PG: 0284 STATE O~ti:-- ) COUNTY OF Y '-7' ) T~~ instrument was acknowledged before me this .// day of , 1998, by Marie L. Alexandre. She is personally known to me:Of pl'06l:1eed (type sf identification) as idefttitteatiott. ..... '[NOT ARIAL,SEAL] owledgment - , . :....,.'~ JOANNE DALBEY , .. :v.. MY COMMISSION {# cc 739612 ~~D'fl.Ot' EXPIRES: 0513MOO2 1.1OO..J.N01'ARY PIa, NOlIlly Servlca" 1lolIdi1l, Co, DATED: \~ i} A4~N 1 2 1999 " ....',. , I. ,'u"-/,' , BOARD OF COUNTY COMISSIONERS 6 .),6, '.ATTEST: '".:;., COLLIER COUNTY, FLORIDA . ' :~DWIGHT E: BROC~.Clerk - "~',:"'., """'\."~ By: ,&f;~'~..;,~ -., /P4 , .."~, ' ,., ~ . .,' ~ .'.~,~. Attest as !:itq'j Cha1;'n's s1gnature only. Approved as to form and legal sufficiency ~{I(L (I ,A11 ^,--,---- eidi F. Ashton Assistant County Attorney jdlc/agreementlhommealex 6 I , ~..: '.~: ." ~ JAN 1 2 1999 . , - , . '." - '" .:.:. . .... .", .- .' , " . , ' ~ . . ' OR: 2502 PG: 0285 EXHIBIT "A" LEGAL DESCRIPTION Lot 11, Block 36, Golden Gate, Unit 2, according to the Plat thereof of record in Plat Book 5, Pages 65 through 77, of the public Records of Collier County, Florida. 7 I .. . . ' \ ':. ~ ~;. JAN f 2 1999~.: . .. ,. . . ' .. -: "~ -, , .. , ..' . ilt:....C"...lIIt...... ''-.:::;., ....v, DEC-10-199S" '04:34 ' -. t*t OR: 2502 PG:5 0286 tt~ eo' ~ 41.' -- ~ I - \Ii !:! - ~~ ~ ~' I "I .....1 7S. +- fl ~ N; t" (1\. .. , ; ; 8d i "~,, ~.. "".,,"'O---1.J AS 2~ ~ . 17 t;/J c~~" r SV ~ L. C <;.At.. : ~I)r II, BlK. J', GclJ--. Ga.';' I ()"i~f Z. 80'1 fii!. . Nol' AOlt1wtc. / Ale -"~ J."t:- . I .. I January 12, 1999 Item #16A23 RESOLUTION 99-50 RE 100% IMPACT FEE WAIVER OF ROAD, LIBRARY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, WATER IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE BUILT BY HOMOBONO LOPEZ AND IRENE LOPEZ IN NAPLES MANOR, FEES PAID FROM AFFORDABLE HOUSING TRUST FUND ( 191) Page 132 .- ; '. JAN 1 2 1999 RESOLUTION NO. 99- 50 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMP ACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMP ACT FEES, ROAD IMP ACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMP ACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HOMOBONO LOPEZ AND IRENE LOPEZ ON LOT 24, BLOCK 9, NAPLES MANOR ADDITION , COLLIER COUNTY FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Homobono Lopez and Irene Lopez are seeking a waiver of impact fees; and WHEREAS, Homobono Lopez and Irene Lopez will construct one (I) three-bedroom unit (the "Dwelling Unit") on Lot 24, Block 9, Naples Manor Addition which is proposed to sell for Sixty-Seven Thousand Dollars ($67,000.00); and WHEREAS, Homobono Lopez and Irene Lopez, submitted to the Office of Housing and Urban Improvement an Affordable Housing Application received on October 15, 1998 for a waiver of impact fees for the construction of a house on Lot 24, Block 9, Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and I , '"..>_.,."....__._--~_.- JAN 1 2 1999 WHEREAS, Homobono Lopez and Irene Lopez have qualified for an impact fee waiver based upon the following representations made by Homobono Lopez and Irene Lopez: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an authorization for waiver of impact fees to Homobono Lopez and Irene Lopez for one (1) house which shall be constructed on Lot 24, Block 9, Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Homobono Lopez and Irene Lopez, and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 24, Block 9, Naples Manor Addition by Homobono Lopez and Irene Lopez: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $ 1,575.00 TOTAL IMPACT FEES 56,779.52 I "--,,-,--,-,--'-'_.'-~ JAN 1 2 1999 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. DATED: .JAN 1 2 1999 " A;I:TEST: BOARD OF COUNTY COMMISSIONERS .'i.; 1.\ thvI6frr,E. BROCK, Clerk COLLIER COUNTY, FLORIDA 1,:. 0; ~r iO.,,,/ "' . -'" v" '>- i ,;.~ :;. Jy:J;~~~....j;<P,(}. By: -~ Attest IS:tO Chairmanls "" '" ',I' " s1gnature.....only. / .' . <{It;!j' Appz:~t(~ as to form and , I, legal sufficiency: I~/., I III / \ Heidi . Ashton Assistant County Attorney jdJf/reso/lopez I I " JAN 1 2 9999 EXHIBIT" A" LEGAL DESCRIPTION Lot 24, Block 9, Naples Manor Addition, according to the Plat thereof of record in Plat Book 3, Pages 66 through 67, of the public Records of Collier County, Florida. I u~~-~~-~~~o ~4;~ A ~' .~ . .-.. JAN f 2 f999 .. (b . . .. ~ -tt= 44' ~ . e' a\ 1 ~ - 1 -' .... - .. to.. vi (\& ... .. Yi f' \'() \'w\ N"\ - 1 - l 3l' -..-\ . l .... t', . - ~ , ~. .',' . I Marl-in Sr. . . . ~ 0 () E z-<< dahJ 0 ~~""4 f k/41t:- OWt-JER: I ':P w UlT:, ~~ BLO~K:. ' 9 . - LEGAL:~~/tt.J p1'/O>1o,; ~ = , SUBDIVISION: ~: JJC(j)./e..J /'YiCN).trr" . ../. - .. - - - ,~ '. . ....~ . .. I - - . , , JAN 1 2 1999 ' , . ' ~, .. - ....., .. ' , Retn: 2420748 OR: 2502 PG: 0271 31.50 CLIRI to fBI BOARD RICORDID In tbe OffICIAL RICORDS of COLLIIR COUlfY, 'L BC.II IITBRO'PICI 4TH 'LOOR 01/14/99 at 09:04AM DfIGHf B. BROCI, CLBRI COPIBS 8.00 BIT 7240 AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~ day of , 1999 by and between the Board of County Commissioners of Collier ounty, Florida, hereinafter referred to as "COUNTY" and Homobono Lopez and Irene Lopez, hereinafter referred to as "OWNER." WIT N E SSE T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, Collier County Ordinance No. 98- 69, Regional Water and/or Sewer Systems Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and 1 I '" ~ '.. '.. . .~'"":. '. ," -,. : '.... JAN 1 2 .1999 - . .. ,. ~. .' ~.."",' L . ' - , f'- ; ~ ...., . ~, ", '. - c ". - .;.. OR: 2502 PG: 0272 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-5 b at its regular meeting o~ l,l , 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and , 2 I --- '. 'v , . ., ~ JAil' 2:1199 . . -' ~. -,. ; " .' . ;~ ~ ; '" '. .~.". .~ . .if. , . , . ~' , .' .' . ..,1 . . - j-, .. .- -,,' . - OR: 2502 PG: 0273 e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and asSIgnS. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees , 3 I '. JAN 1 2 '1999 : " '. " . " ~ . , .. . - , . . ~ ''': . .... .- ; ,,"" <I ~, ~ . - .' ,-' OR: 2502 PG: 0274 are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the 4 I _.-'-".- .._~----- .' ,.," ' , ,.,'," ." - , , - , t.. ..-, "'v', JAN 1 ~. 1999 . ..' ,'.J:' ',' _. , ' . - " , ' ' " ..' ,. ., .. y .- - . '. ....'.-'''. ",. , '," . - . .- ~.- ,-,' . ~ " . '. "'-J , , .' ~ OR: 2502 PG: 0275 COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: (2) OWNER: C:;/rIf~r?J - ~i'? Print Name c;,(2.-...u 0,'iL(...J a:;';e~~'7 Witnesses: (2) OWNER: ~~~ - ~~~~"6 Print Name GR..~~C 6.'16,J Irene Lopez ~~~'7 STATE OF ~~ ) COUNTY OF ~ ~J; ./' ) , The foregoing instrument was acknowledged before me this .;2.:}. day of ~---~-/"""9"" , 19~by Homobono Lopez. lIe is pCI50nally known to-me or produced l>'?"# L-/-4!J-3A:P-~-;/..:<h -/(type of identification) as identification. r [NOTARIAL SEAL] STATE-Q~ ) #~ JOANNE DALBEY MY COMMISSION # cc 739612 COUNTY/bF ) ~Ii'OFf\..' EXPIRES: 0513012OO2 l.llOO-3.NOTAIlY PIa. NowyScrvica &: BondinlCo, , 5 I . " ' , ' " . f ", , .,.. ' ',,_ JA.r. 1;2_ .- ""', i,' , '. ~ .. ~....,. ~~.- ,,-- . " ,', . .' - ',~ ... " . .; .. ... . : "", . , , OR: 2502 PG: 0276 ~. STATE OF ~ ~_ ) COUNTY OF ~. ~dr / ) The foregoing instrument was acknowledged before me this ~ day of ~~ ~ 19~by Irene Lopez. She i~ pClsonally known to mc or produced (}L:i*L-,/H --</0.!)-7& 7/'"t:3 -0 (type of identification) as identification. [NOTARIAL SEAL] " 4'0 JOANNE DALBEY ,., MYCOMMISSION'OC13H12 ~orf\.lI EXPIRES:O$/.W2OO2 I.IOO-J.NOTARY Fl., NCIIIIy SIrVlCll411011d1nl Ccl, DATED: JAN 1 2 1999 '.' '.' ~ II:I,',! if . BOARD OF COUNTY COMISSIONERS "'AT,TEST: ~h:'),,'c.:,,~,;. COLLIER COUNTY~ FLORIDA : '.r~ ! r, ".. ~ l' DWIGHT:E.;'BRotK~ Clerk ~" .' ~ ~ ~ a ",J:.~! .',',' , ','.! :,J'~. ':;~. ," : '.~, 4?e::',~ ~~..,,Pa By: ~:\ .-~ ..' Z1" ' " , . Cnamna A(te~t IS to.Ch4f~'s $:z/JY sign~tiJre onT.y. Approved as to form and legal sufficiency t,L i-t ,) A lkL-- Heidi F. Ashton Assistant County Attorney jdlclagreementllopez 6 I . .. : -", JAI 1 2-_ . , J'" " ~ J J.' . ','- .... , ..., . . - ," .' . '" P.... '" , ' '~...' - , . ^ . . ' '.. , , ..~" ". " ." -',. ':" OR: 2502 PG: 0277 EXHffiIT "A" LEGAL DESCRIPTION Lot 24, Block 9, Naples Manor Addition, according to the Plat thereof of record in Plat Book 3, Pages 66 through 67, of the public Records of Collier County, Florida. 7 I --".- . ...., ' ." , ;..' " ", . '.- ".\ ~ JAil 1.'"2 199 ,. .' . - ~ " ,. .. . - . , ' M. ...' ,,_'" '-, , l" .. .' " " . , - ,',. . ',. :'. ! '. ~ , "r , , ".,'" .. "'- " ' ~ . ' - .' .', ,'" "',,,C' . . c' .' " .. -,', ., ::, ~~ . ., ~. , ..~ .~ I .<.,.'.>.' .'~:'" .." .~~ ~ " . , . ~, .;", . ;-. '. .;. ~..... . " ~ . ~ '. , , .. , ll'-"littJ.veu; It::.J ~I tfGll ' . ">9 v.t"''''' DEC-10-1998 04:33 0 ' - - I ' , ~~* OR: 2502 PG:P~78 *** .. ({) . . .. ~ 8' -ir 44' ~ - g' ~ - 1: ~. ..... - .. t-. vi ~ - .. Vi ('0 \I() ~ M - 1 - l 3l' -.-\ . l ... t'. .. ':. . ". :,' . . . .woo+- , Marl-in 5-r. . - . . OW~ER: toPE?-. JJO~91J.~r'\t:J fM~~ I , UlT: ~~ BLO~K:. ' q . LEGAL:~I2/~ ;Y)())f)&J ~ ~ r MQP I~ mCH),tTr SUBDiVISIONt .. . . /' , .f . January 12, 1999 Item #16A24 RESOLUTION 99-51 THROUGH 99-53 RE WAIVER OF ROAD IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITY IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES, WATER SYSTEM IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR THREE SINGLE FAMILY HOUSES TO BE BUILT BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. IN NAPLES MANOR, LOT 12, BLOCK 11, LOT 26, BLOCK 11,AND LOT 27, BLOCK 11 Page 133 --- ----"....,_._....._..~.- .. . RESOLUTION NO."- 52 JAN 1 2 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRAR Y SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMP ACT FEES, ROAD IMP ACT FEES, EMERGENCY MEDICAL SERVICES IMP ACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMP ACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 26 BLOCK 11, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 ~., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 26, Block 11 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated October 8, 1998 for a waiver of impact fees for the construction of a house on Lot 26, Block 11 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and , I - 1 - J.AN , '/ 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 26, Block 11 Naples Manor Extension, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 26, Block 11 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1.340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. , - 2 - JAN 1 2 1999 This Resolution adopted after motion, second and majority vote favoring same. DATED: JAN 1 2 1999 A ITEST: '\ \', ,: tJ,1 -, BOARD OF COUNTY COMMISSIONERS .' ., .,,,, .~/.... , DWIGHTE. BROCK, Cl~k ::LL~~L~~ -4;~~;rP.(! Chairman A~test::;a's: t.O Cha 1 rman ~~ slgnatur-t: on'1.1_ \. Approved ~~' to to~ \~~d legal sufficiency: Heiai F. Ashton Assistant County Attorney jd/c/Naples Manor Extension/reso : - 3 - JAN 1 2 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 26 OF BLOCK 11, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ; - 4 - : :.s:. <.:. ", . ':.. ';'.:.,~ .... >- .'. . .' "J'~ . . " ~. ,.. '.. " .-' . ~ .. .. "..: ..-> .-"' -' '. /, ..? 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" ',' l , ,,' f~f ~ 3. ;>~ 91 I , I } --"._-----"" JAN 1 2 1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMP ACT FEES This Agreement for the Waiver ofImpact Fees entered into thisl...b day of Cl..-_ 199', by and a 5 e ~ ~ tool,.., = between the Board of County Commissioners of Collier County, Florida, hereinafter referred to :;:: e : .. co.... a ..... as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as rJ fa t>:I a "OWNER." aE .... - WIT N E SSE T H: g "'" WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water c:::o= and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, ? ~ -tool .... II::J the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, :: ;;- ~ .... r.... as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier ~ ~ ~ ::: :ii: ..a:: ""'....0 County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services :: E lC =- c: ~- ~ System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier :i ~ .. _0_ . ~.- County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the ~ :: ~ ~ ..... r--.. Collier County Educational Facilities System Impact Fee Ordinance, as they may be further ~ ~ ~ ... ..... .... ilIaI I:IId .- amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", .... ~ c:: gee - provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as .:: ~ .... &:-" affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the ImpactS == ..n .... Fee Ordinance, a copy of said application being on file in the office of Housing and Urban= 51 Improvement; and C.M ..... .... WHEREAS, the County Administrator or his designee has reviewed the OWNER'~ g application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and , I - 1 - JAN 1 2 1999" '. - . ' c ~ WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. ~- $")., at its regular meeting of fJ'~" -~/2.. , 1991; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the 0 following: ::=t::J .. I"-...) a. The Dwelling Unit shall be sold to a household with a very low income as c..n c::::> I"-...) defined in the appendices to the Impact Fee Ordinance and his/her ""1::J Cl monthly payments to purchase the Dwelling Unit shall be within the .. c::::> affordable housing guidelines established in the appendices to the Impact 00 c::::> -.;J Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee I I - 2 - .- JAN 1 ? 1999' , -~ Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or 0 upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, ::d . . record any necessary documentation evidencing the tennination of the lien, including, but not ~ (..J"I c:::> ~ limited to, a release of lien. """ C') 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this .. c:::> Agreement and their respective heirs, personal representatives, successors and assigns. In the ex> c:::> ex> case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chainnan of the Board of County Commissioners. , I - 3 - _m__.____ _ .. ...._---- JAN 1 '2 1999 ;- . 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this C) Agreement and the default is not cured within (30) days after written notice to OWNER, the ::a .. Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed ~ c..T'I c::> or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a ~ ~ mortgage on real property. This remedy is cumulative with any other right or remedy available c;') .. c:::> to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys 00 c::> ...0 fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver ofImpact Fees on the date and year first above written. OWNERS: HABIT A T FOR HUMANITY OF COLLIE COUNTY, INC. BY: - 4 - I -~'-~~'-' , JAN 1 2 1~ DATED: JAN 1 '2 1999 BOARD OF COUNTY COMMISSIONERS ATTEST:',,!,, I , , COLLIER COUNTY, FLORIDA DWIGHTE. BRdc~, Clerk Jy:~~4r~ BY:_~~~ Attest IS to Cha f rman ' S ChaIrman s1gnilture'onl'y~ , , Approved as to form and legal sufficiency &kd< j Ar~0L- Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this /? day of ~YA"y~, 1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally c:::> known to me. ~ .. 1"0..> ~ (..n [NOTARIAL SEAL] e of Person Taking Acknowled ~ ~ Ci1 . . c::::::> ex:> ...- .' c::::::> , -- 'J,~. : I .;... ";, -~ JOANNE DALBEY , .- t ~. nn'ON .. ex:: 139612 " " MY COM......... '; ';. <,'-. . , ~ " ' .. IOO'ltlt!.S: 05/3012002 ',,~: '. ""o,~ ~,,&oncIinICo, ";;, . ,.aoo.S.NOT".Y 'P\a, NOIIlY - jd/gmlc/naples manor lakes/agree , - 5 - I '. j~Ni " 2 .. ., , , :. " ~ , EXIDBIT "A" LEGAL DESCRIPTION LOT 26 OF BLOCK 11, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 0 ::c.I .. 1"...:1 ~ c::;:I 1"...:1 ~ C) . . c::;:I 00 .....-a .....-a I I - 6 - --,- "- '., JAN 1 2 1999 " " '~ .. . J , ~.... ->' , ~ . . :A' : i,., ,"~ ..~. ~"'.,',,.,",' . , -. '. ~." .,~' . ' ,,-"," . .- '"J:" . . .. '. ~'? /, ....? e- <-' l.-~ .,,0 y- . (,. '- .',D. " \. '.4'.~ '0 <)" ',t? .. 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"- ~~_~_.' ~__' --', .~~""'~' -: ,";.;~:..~~~:t'i~'~:'.~:~~;.~~.'.~:.t'~~-;':F-}?:::;.~~~~~.:::~~:'.~~..;,'~-;:;;'~~~~~'?"J1":.~~~'J~t~;~A~r~~~~~~;i~' ~~,~~ ~II':;~..:.~!~:~~~ .~n.,~"'~~AR.!~".1~ r~~~~~ " , RESOLUTION NO."- 5 1 JAM 1 2 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMP ACT FEES, ROAD IMP ACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMP ACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 12, BLOCK 11, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 ~., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 12, Block 11 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated October 8, 1998 for a waiver of impact fees for the construction of a house on Lot 12, Block 11 Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and i - 1 - JAN 1 2 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 12, Block 11 Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 12, Block 11 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1,340.00 TOTAL IMP ACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. l - 2 - JAN 1 2 1999 This Resolution adopted after motion, second and majority vote favoring same. t DATED: ,:JAN' (;1 2 1999 v J':: A ITEST:, BOARD OF COUNTY COMMISSIONERS DWIGHT E. . BROCK; ClerK; COLLIER COUNTY, FLORIDA 41;;~~.< .d4~/P.C!. By: ~~~ , ChaIrman Attest 'as to ,Ch~\1rman 's s19n~ture onli;' Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney jd/c/Naples Manor Additionlreso I - 3 - JAN 1 2 1999 ExmBIT "A" LEGAL DESCRIPTION LOT 12 OF BLOCK 11, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. f - 4 - ~. . ',." ", " -'.", ,~ ,. :".,;-- liI' ,I .8 .t C It' .. ". .. '- , . ' ... .., (;, . /.- ,# ~~- -..., . .' " ~ ,,',....- ~ . 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"" JJ/f~"., T ~ &1"' ~ " " N f , _.. l.{ . . ... _.. I J _ .. j r.... .. . .. ,: ji, CAA'. r",,,,, .. .. .. II ~ ~ .. I : 0" -T . .. 7'0 ,. - " " ~ r.. '" 8 . I ~ . T'C'S.r ~ I J',. ""\' /% //' /4 :I t I 'T' /(i, /4 I'~ /1 1",' I. .' L. . ' II 1!11....-t- I . '" :-. , -O/Y'.:#r"rvcrr,o , " - ... ~"'/V".. ~ _ 'I ~"$.~".~ -- . .. ., ..p-""''-.''',,'''...., _~. , -1--'- - --." ~~- , ~ I . '-- , I --,---- - , "'" L"l ,-- .' "J I: \ .. .....' ....... '. ~~, : -" ~ ""r.''1lo.' ., ~ r' . " , . . . I 'I ,,~ Ln.u L j'l 3 ........ (p . " ~ ~ I ,It' rj,tM-r~ I tF ~~! '. l\ .., 'J' '''", 'jl~~~, ~", II,~~ . II ~ \: :'l , " , i . '. - JAN 1 2 1999 '., . . AGREEMENT FOR WAIVER OF COLLIER COUNTY IMP ACT FEES __nllO ....a~ftl ... =a .... ,., .. .. ......0 - .. ... "'" .. 0 - This Agreement for the Waiver of Impact Fees entered into thislh day of ~ 1991, by and Qi! t:G 0 -= between the Board of County Commissioners of Collier County, Florida, hereinafter referred to ... 0 = .. ~ 0 as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as 0 PO "OWNER." "",E: -n WITNE SSE TH: -0 :;:~ _tod .....0 WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water .........f" ......... ..........1' ::::~c and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, .. '-l ::: ~ .. ;;~- the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, n :i !;: c - ..... ==- as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier ~= .' n _Or-. .~ t:G _ (,J County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services ~ 0 c: n....r-. ... . n System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier n~ ~ g;; ~ C; IlIC:ItIld... .. PO County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the nc: go ~.... Collier County Educational Facilities System Impact Fee Ordinance, as they may be further ~t.. - ..... amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as BE: ... n - affordable housing; and ....- -- tod WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact .... Fee Ordinance, a copy of said application being on file in the office of Housing and Urban .... .... . . "'" "'" "'" "'" Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and I - 1 - JAN 1 2'1999 , " " , WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 9J- <I at its regular meeting of r" -.,./:l.. ,199ft, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the 0 ::a following: . . I'..) The Dwelling Unit shall be sold to a household with a very low income as c..n a. <::) I'..) defined in the appendices to the Impact Fee Ordinance and his/her '"1:::11 Ci:1l .. monthly payments to purchase the Dwelling Unit shall be within the <::) 00 ....." affordable housing guidelines established in the appendices to the Impact ~ Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain 'as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee i - 2 - JAN 1 2 1999 , I . ~ Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non~compliance with the requirements of this Agreement. 0 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement :::ICl .. requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or f:'o.,J (.TI c::l upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, f:'o.,J ""CII C'l record any necessary documentation evidencing the termination of the lien, including, but not . . <:::) limited to, a release of lien. QC:) ....... c..TI 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. I - 3 - .. - JAN 1 2 1999 , , . ... ~~ ~ '. . ~ - ' - -~ . I , ,'" . , ",-.' , , 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this C) ::=a .. Agreement and the default is not cured within (30) days after written notice to OWNER, the ~ (..J'1 c::> Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed ~ ~ or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a Cil .. c::> mortgage on real property. This remedy is cumulative with any other right or remedy available ex> foo-o& en to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver ofImpact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ~ ~ uej I - 4 - .. . -'. JAM 1 2 1999 '. 'v , .,:; if1 DATED: .' t. aA~) 2 1999 BOARD OF COUNTY COMMISSIONERS o ATtEST:, ':: """,' COLLIER COUNTY, FLORIDA ,0 DWIGHtK.BROCK~' Clerk Jr:i"t:;#~~o.;KP.(f By: ~~~ ' , ~ " " Chairman Attest"'$ to,C"a1raan 's ' signature on 1, ~" , Approved as to form and legal sufficiency ttdi J AJi~ Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this 17 day of ~m.AER , 1998 ~ by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally I'.,;) known to me. ~ ~ J ~ [NOTARIAL SEAL] 1 ature of Person Taking Acknow ~ _ c:::> ......'..... ~~n4~ / is e -.:I .......:',(1.:.. Name of Acknowledger Typed, Pri .)'. ,: '.1 ~:"," I :., . 1,': ..1 ",' . ~,,' ,/ " ",,' ./"//' ~~:~ JOANNE DALBEY . ':', 1,~~i~:>,J' ~:VI MYCOMMISSlON#CC7396J2 , "l.,;:t.jljl\~ "1' OF f\.#"' EXPIRES: 051301lOO2 1.800.3.NOTARY PIa. Norary SeMUI 01: Bondi... Co, jdlgmlc/naples manor lakes/agree I - 5 - "", . ' . , JAN 1 2 1999 - . , " ." - " EXHIBIT "A" LEGAL DESCRIPTION LOT 12 OF BLOCK 11, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 0 ::a .. 1'0,) ~ ~ 1'0,) t-cJ ~ .. c::> (X:) ..... CIC> - 6 - I ." .' ,- .. JAN 1 2 199'< ." -' J ;"...., ;~ ; -,.-' , " . ' , ~. .' .: ,. ... .... ." .. .. .... .. , '," , ',' " . .. , ' ' '", , ~ k , L \.. 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RESOLUTION NO. 91- 53 JAN 1 2 193J RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMP ACT FEES, PARKS AND RECREATIONAL FACILITIES IMP ACT FEES, ROAD IMP ACT FEES, EMERGENCY MEDICAL SERVICES IMP ACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 27, BLOCK 11 NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 ~., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity ofColIier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 27, Block 11 Naples Manor Extension which is proposed to selI for Forty-Six Thousand Five Hundred DolIars ($46,500.00); and WHEREAS, the DwelIing Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated October 8, 1998 for a waiver of impact fees for the construction of a house on Lot 27, Block 11 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and I - 1 - JAM 1 2 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 27, Block 11 Naples Manor Extension, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 27, Block 11 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1,340.00 TOTAL IMP ACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. I - 2 - JAM 1 2 1999 This Resolution adopted after motion, second and majority vote favoring same. DATED: JAN 1 2 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,'Clerk COLLIER COUNTY, FLORIDA .Jy: ~~yl~~(! By: ~~~ Chairman Atte$~as.to Ch~1rman's s1gnatl.lre'onl,y. Approved as to form and legal sufficiency: JJ.Ad~ J Ar~ ..... eldl F. Ashton Assistant County Attorney jd/c/Naples Manor Extension/reso - 3 - I JAN 1 2 1999 EXHIBIT" A" LEGAL DESCRIPTION LOT 27 OF BLOCK 11, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. I - 4 - . '. ~.... :' ~. '.~:.-.. ~.~. / /: >.., ",' - . ~ ~. : . , : ...',. ; .... . :.'::,ca-r-.~,/:':;., 'C-, .-' . '-~ . .... .. .~.. 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Y,'.W:...,": riil'.~/".711:'.",~,-';:'~//'., :~~. f:40."/i:t'cI .-.-. .,....." .."...,....,.,,' '1/"" ". ....\.j ,- ^ , . . - -, - ' ,........ '. .' " ' 'I 'Pftf~ 0 ~tF-.fl I ., JAN 1 2 1999 . , , t ,. , . AGREEMENT FOR WAIVER OF COLLIER COUNTY IMP ACT FEES This Agreement for the Waiver ofImpact Fees entered into this~ day of ~ 199.t, by and __n"" M=~'" ... .... ... ,., = .... "'" .. ., .... 0 - ... ... between the Board of County Commissioners of Collier County, Florida, hereinafter referred to c::o ... 0 ..... Qa as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as tII:f 0 -E = "OWNER." ... I="' 0 0 WIT N E SSE T H: "'" WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water ....l: _n _0 and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, :;:~ - .... o.c> t:::I .... r the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, "';;-... ~ f" -~c .... II> ., '-l as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier :::~... ;;~Cl n County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services co..... C ~ i:: ::a ~=. System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier n 1OII0r- '~c..; CJ:I en County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the ~o c n..... ..... ... , n n~ .-..: Collier County Educational Facilities System Impact Fee Ordinance, as they may be further &i~G' == .. amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", BC a~ provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as ' c::: ... I="' affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Bi: ... n - .... ... Fee Ordinance, a copy of said application being on file in the office of Housing and Urban - .... .... Improvement; and .... ..... .... WHEREAS, the County Administrator or his designee has reviewed the OWNER's -- -- application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and ; - 1 - ~------- . JAN 1 2 1999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- S~ at its regular meeting of Q:. IV" _A r /2, , 1991; and WHEREAS, the Impact Fee Ordinance ~uires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. e 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the :::t . . r.... following: u c r.... a. The Dwelling Unit shall be sold to a household with a very low income as "'1: C; defined in the appendices to the Impact Fee Ordinance and his/her . . c Ol monthly payments to purchase the Dwelling Unit shall be within the I". .... affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - JAN 1 2 19~~' . . Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement c requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or ::c . . upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, r-..; CJ c: record any necessary documentation evidencing the termination of the lien, including, but not r-..; ""'C limited to, a release of lien. e;:": .. c::: 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this ex: ~ ~ Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. I - 3 - ---..-..-- JAN 1 2 1999 r , - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where nWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the c:: :;:c .. Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed r-..: c..r or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a c:: r-..: mortgage on real property. This remedy is cumulative with any other right or remedy available ""= G1 .. to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys c:: ex: r-..: fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for c....: judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: -~ HABITAT FOR HUMANITY OF COLLIER OUNTY, INC B ......... I - 4 - JAM 1 2 1999 . .\ - .' . DATED': i Ii. JA.tJ-1, 2 1999 BOARD OF COUNTY COMMISSIONERS ATTEST:.. . . . COLLIER COUNTY, FLORIDA . I.,.' ,-' DWIGHT Eo' BROC~,.Clerk .,,~ ., J1r:';~~_f~r~e By: ~' ('~B~ ., ~..",,,,,,, "" Cha~an ~l Attest as,to'Ctiainaan's signature on11_ Approved as to form and legal sufficiency ~ j tfItL/L- (, . Heidi F. Ashton Assistant County Attorney 0 STATE OF Florida ) ::x:I . . COUNTY OF Collier ) r--..: (..7'1 17 day of AlJ'IoI6nBe,,-; 1998 C:l The foregoing instrument was acknowledged before me this I'o..:l by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally ~ Cl known to me. .. <::) cx::a ~ ..a::- [NOTARIAL SEAL] - '/?~ ~~~td~- ~ . .' '.. Name of Acknowledger Type, rinted or Stamped . ,~~ L; - 'I ~~"~ ' . (.J I ~W; JOANNE DALBEY . . ) MY COMMISSION (I CC73H1Z .- ~o,,\: EXPIRES: OSIJOnOO2 , ". ". J , " 1.800.).NOTARV FJa, NOCIry Scn-lca .tllandi... 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" {':' ,. ~- "',' '~eT4',,'~ ~ T~ '-:!..~rl4l7 O-Ov: ""'~"tI"P.fZ"'C'Qrlt:U~,'f6 ,Tn~ r~fl:.De, 9"f',g'a~.i.P." UT, ,.,.,t., '~~.'''i''''-':-'''''''''' ~-.. ',' ..' 1 . ..... 'I' 'oJ "L'''~~'>'>- .., ',' ': "1' . .......... ,*)....,~9''''<>(; t".1o\.~.;;,..i,..;;.,,';..'"'...n ,to ~ ~ ~.. . ~ " .,'. . _.,...... ~... ..,l;'~~'-:i'. "" ", .~:., .; . C'Te ~o ,-0.......... ~l' ~....or. .;Irt:> '0'7. . ...::'"iol...~ ~-~"';"J ..-..:"""~.:L:::: -.:.'" ~ .. t ~ ~.,. ~ ..l :l.;.o;..~of ~ ",,",.. . ~~ 'O;'I'~~. J.l~ ~;.)~;~;~'%~~~~J~~}1f~~~~~~~~~~>~<io~~~ ~~.",( ~~~~, ~1'~;T)ij;~I/~~tI. ~h';,~">' ", ~ ... ~ "-:,' _,,.-..., ;;.J".,"':":~~.~i".:"::~~~:;~. :.:..~,~li~I~~~~~..~...~~:;:~$"~ ~ :':r,'J:..;~:,~ ~~..q~~~~I.:~ ~O' of: ~~ ~. ~i:I;,''l~:~~~:~;' ~~?;,.,j1 '!.~~1t1 _~o~~ January 12, 1999 Item #16A25 PARTIAL RELEASE OF LIEN TO CORRECT A SCRIVENER'S ERROR REMOVING THE LIEN AGAINST A PORTION OF TRACT 123, GOLDEN GATE ESTATES, UNIT NO. 18 TO LINDA J RODGERS FOR WAIVER/DEFERRAL OF COLLIER COUNTY IMPACT FEES Page 134 I 2421285 OR: 2502 PG: 1730 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL 01/15/99 at 08:(4AM DWIGHT E. BROCK, CLERK REC PER 10.50 COPIES 2.00 Retn: CLBRK TO THB BOARD JAN 1 2 1999 INTEROPFICB 4TH FLOOR ElT 7240 PARTIAL RELEASE OF LIEN This Partial Release of Lien is made by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "County", in favor of Linda J. Rodgers, hereinafter referred to as "Rodgers". WITNESSETH: WHEREAS, the County and Rodgers entered into an agreement for waiver of Collier County impact fees dated May 20, 1997 (the "Agreement"), which was recorded in Official Records Book 2316, Page 1052 of the Public Records of Collier County; and WHEREAS, the County placed a lien against an entire tract of land pursuant to the terms of the Agreement; and WHEREAS, the Board of County Commissioners desires to release a portion of the tract of land which does not contain the subject affordable housing Dwelling Unit; and WHEREAS, the remaining the tract of land is sufficient security for performance under the Agreement. NOW THEREFORE, County does hereby release the following property from the lien created by the Agreement: All of Tract 123, Golden Gate Estates Unit 18, except for the South 150 feet of Tract 123, Golden Gate Estates Unit 18, according to the plat thereof recorded in Plat Book 7, Page 7-8 of the Public Records of Collier County. This release cancels the lien against the property described in this release. The Clerk of the Circuit Court is hereby directed to record this Partial Release of Lien in the Official Records of Collier County to acknowledge that the lien ceases to exist against the property described herein. ,~_.--" -_...._-_.~.- *** OR: 2502 PG: 1731 *** I JAN 1 2 1999 IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Partial Release of Lien, by action ofthe Board this.l~ day of J-~". ~ ' 199'. . .(. !.......' ..-..." . ATTEST:. ~,. BOARD OF COUNTY COMMISSIONER ( .' DWl,GHT E. BROCK, Clerk . , COLLIER COUNTY, FLORIDA .~ .'. ;,0<: ' ~... '! \ ~~~~ :;<"~ .JyJ~.4'7'4rt By: .",. / ., ' , , Chairman Attest as to Chairman's signature on1J- This instrument prepared by: '(.jj) Heidi F. Ashton, Assistant County Attorn ~ b Office of the County Attorney -)\ 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 h:\HGIHFAlMISClPartial Release of Lien-Linda J Rodgers 2 ----,...-.__...._,-,--- ---,- January 12, 1999 Item #16A26 FINAL PLAT OF PELICAN MARSH UNIT TWENTY-TWO - WITH PERFORMANCE BOND, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 135 ~.-. - \..v'\t ~ COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. 15-007-549 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston, Massachusetts (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Three Hundred Forty-four Thousand Six Hundred and Twenty-eight Dollars (5344,628.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF TIllS OBILIGA TION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Pine Lakes Drive - Unit 22 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of the fmal acceptance by the Board of County Commissioners of the specific improvements described in the Land development regulations (hereinafter the guaranty period). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTIIER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and.it does hereby waive notice of any such change, exte}lsion of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTIIER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 28~ay of October, 1998. E 'f. ,J.. , "&" A ,. __'0"_- ."....... ._-,~ DATED as of this 78:h day of (I~JM{. 1998. -;<~~L':\~ \.<~~S~ WCI Communities Limited Partnership, Witness-Signature a Delaware limited partnership <<o~u-~ ~ \~~c..."\ Witness-Printed Name ~ g- C~ (I O~~ - Witness-Signature -1//0 Steven C. Adelman (2/~-Ia f Vice PresidentlTreasurer Witness Printed Name State of ~~ County of ~ The foregoing instrument was acknowledged before me by Steven C. Adelman, Vice PresidentlTreasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership. Personally known~ or produced identification _' Type of identification produced WIlNESS my hand and official seal thi~day of ~~ 1998. ~DA~ HIGGl", ~ k: 'IJ~ (AffIX Comm Exp. 2/2112001 ~ PUBLIC \7 Bonded By SeMce Ins No.CC603722 Public pi. PersonaUy Known [I Othet I D. My ommlssion Expires: LI' AlbR E,. +J; (6 6lIJ S Notary Printed Name INSURANCE COMPANY BY: . , ....,. -~-_._,----,.. I . . THISPOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3 98260 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, HARRY A. DINGER, JR., JOHN D. MillER, DIANA FIGUEROA, NATALIE REINGOLD, All OF THE CITY OF NEW YORK, STATE OF NEW yORK............................................................ ......................................."..."........ ..... Ii.. ..................................... I......... I..... I... II"...........""........ I.".... I....... .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ................................. II.... 1..1. ..... ill.............. ..........."...." ... II............. II........................... · ".................. ................................."............... I............. II............................ , each individually if there be more than one named, its true and lawful attorney-In-fact to make, execute, seai. acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding lfnm MllLlON-*****"-*"--*-*-**" DOLLARS ($ 50 OOQ 000 *"****"***) each, and the execution of such bonds or . un ertaklngs, In pursuance of these presents, shall be as binding upon the Company as Irthey had been duly signed by the president and attested by ~ ~ the secretary of the Company in their own proper persons. c ~ That this power is made and executed pursuant to and by authority of the following By-law and Authorization: : ~ I .g. ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings, .~ ~ = Any officer or other official of the company authorized for that purpose In writing by the chairman or the president, and subject to such .i c CD limitations as the chairman or the president may prescribe, shall appoint such attorneys-In-fact. as may be necessary to act in behalf of the = 11 1: company to make, execute, seal, aCknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety C ..;- ! obligations, Such attorneys-In-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the : :c ~ company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such = C e 0) instruments shall be as binding as if signed by the president and attested by the secretary. 5 .. _OU!I By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: ~ff - c Gi ~ Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact l5 ~ = a; as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, ~ c .! .;! bonds, recognizances and other surety obligations, c:: ~v -~ ;'j That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. ~ "C o~ CDC -~ ~ IN WiTNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutuai Insurance ~ ~ S 0 Company has been affixed in Ptymouth Meeting, Pennsylvania this 29th day of July .19 97. ~ E o CD f>'", '1" ell c.. e ~~ ~:'" ,: j LIBERTY MUTUAL INSURANCE COMP ANY ~ g Q) ... ""? "~.'" ".It ... .. O)cn ".' ~ Ol &;8y~~tJ: . Oc 1:: 1: Gamet W, Elliott. Assistant Secretary .~ m 0._ ~! : t COMMONWEALTH OF PENNSYLVANIA ss J! .e! COUNTY OF MONTGOMERY CD Q 'C >- .c ''It = U On this 29th day of July ,A.D. 19~, before me, a Notary Public. personally came the individual, known to .. ~ ~ i me to be the therein des idual and officer of Uberty Mutual Insurance Company who executed the preceding instrument. and he acknowled- ~ N '0 z: ged that he executed the seal affixed to the said preceding instrument Is the corporate seal of said company; and that said corporate :e ~ z G seal and his signatu as duly affixed and subscribed to the said Instrument by authority and direction of the said company. 0 ~ U,.. IN TESTIMO set my hand and affix my official seal at Plymou Meeting, ~ ,the day and year first above written. 0 '9 NOTARIAL SEAL . I- ,.. DONNA E SHIEl OS NolalV Public ...0 ~ City of P~li1ad!~:~hia.' Phila. County ~^"'". ...~ My Cornrnlssiol\ bpIJes F'~ 2,.1 9gB :....:>rL\I... ~ C A , E ~ tEil\J retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and copy, is In full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-In-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force anU'dffect as though manually affixed. ~ ',II II'- IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this '(jay of . 19. <..,:c::., ~ . '. '" ~ ~ n'~' g , ',$_ .t, it "S"./ sistant ~~ THIS POWER OF AnORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER July 29 ,19 99 ------_.~ --~_.__."---'" . ~-~._._.._-_._----~---~---- ~---~-------------------_._--~_._-- ._._-~_._-~ .~---- ---- . SURETY ACKNOWLEDGMENT State of NEW YORK County of NEW YORK I On OCTOBER 28, 1998, before me personally came NATALIE REINGOLD, to me known who being by me duly sworn did depose and say that he/she resides in NEW YORK, NEW YORK, that he/she is Attorney-in-Fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation described in, and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and that the said company has received from the Superintendent of Insurance of the State of New York, and that such certificate has not been revoked. "- DIANA P. RGUEROA ~~~. ~L~ NOTAAV PUBLIC,. State of New York No. 01 F/5065024 Qualified In Bronx County (j) Notary Public Commission expires Sept. 3, 20_ . , ... . .:~r - -, - , , . .. - - ----~ -~,-_,~--'-"---" . , .. ...., f.," Uberty Mutual Insurance Company Statutory Balance Sheet (dollars In thousands) Asset.! December 31. 1997 Bonds..._......_......_.._.._..____..__.._......_.........._...._........................................................................................ 11,609,662 Common Ie Preferred Stocks..._____.:....._............................_._..............._.._............................................................... . 4,446.583 Real Estate....._.........._..__.._........________.._.............................................................................................................. 128,30 I Cash Ie Short-Term Investnlenl:s.._...._.._.._.._...._............_.............................._.............................................................. 242,970 Other Invested Assets..__..__.._....__....__................_....___............_.............................................................................. 271,268 Subtotal Cash and Invested Assets.._.............._......__....___.._....__...._...._.._................................................................ 16,698,784 Premium in Course of CoUection' ..._......_.............._...._...._............................................................................................ 1,521.916 Reinsurance Recoverables on Loss and Loss Adjusbnent Expense Payments........................................................... 183.530 Interest, Dividends and Real Estate Income Due and Accrued.................................................................................... 168.557 Other Assets...........................___......................................................................................................................................... 779.394 TOTAL ADMITrED ASSETS....____.._.._.._................................................................................................................ 19,352,181 Liabilities and Surplus Reserve for Losses and Loss AdjUSbnenl ~penses........................................................................................................ 10,208.483 Reserve for Unearned Premiums..;..................................................................................................................................., 1,629,832 Reinsurance Payable on Paid Loss and Loss Adjusbnmt Expenses............................................................................ 36,194 Federal Income Tax and State Premium Tax Acaued................................................................................................... 91.774 Other Liabili ties.......;........ .......................................................................... .................................................,.... .................. 1,319.565 TOTAL UABILmES......................_.._.................................................................................................... ........................... 13.285.848 Unassigned Surplus................................_........................................................................................................................... 4.924.567 Guaranty Funds................................_................................................................................................................................ 1,250 Surplus Notes...................._...................._........................................................................................................ ................... 1,140.5 16 TOT At SURPLUS._......._.....___...._........_....................................................................................................................... 6,066,333 TOTAL LIABILm ES AND SURPLUS__......_.._......____.........._.._............................................................................ 19,352,181 ("Excludes premiums more than 90 days due) COMMONWEALTH OF MASSACHUSETTS 5S: COUl\'TY OF SUFFOLK OeMIs Langwell, beirlg duly swom, says: That he Is Vice President and ComptroUer of Liberty Mutual Insurance Company; that said Company Is a mutual Insurance company duly organized, existing and mgaged irl business as a surety by virtue of the laws of the Commonwealth ~ has duly compiled with aU the requirements of the laws of said Commonwealth and of the laws of the State of .._._..._.__...._______.................._......_... applicable to said Company and is duly quaUfied to act as surety under such laws; that said Company has also complied with and Is duly quallfied to act as surety on federal bonds under Section 9305 of Title 31 of the United Slates Code. That the !oregoirlg b a fuU. true and cornet statement of the finandal condition of said Company an the 31st day December, 1997. Sworn to beloMl me this 31st day of March, 1998 0uJ;:vWJ 'S\~~7/'^, . /J. ..? ;Jj MyComml;sionE"l'in!s.-.l!~.", \("1, ~('()I / V./-'/'~Z, I',1,/.11//!IJ.jl/Y I Vlc~~ Clent and?mptrQII~r l~ ,/ . ~, -- , , CONSTRUCTION AA.LI MAINTENANCE AGREEMENT FuR SUBDIVISljJlM 1 2 1999 IMPROVEMENTS THIS CONSTRUCTION and MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this/~ day of ~ ' 19~ between WCI Communities. Limited Partnership. hereinafter referr a to as" eveloper", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Access Road #3 at Pelican Marsh Unit 22 B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: a :!:1500 Roadway on :!:2.71 acres which includes roadwork. storm drainage. sanitary sewer. potable water. irrigation and earthwork. within ~ months from the date of approval 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 hereof) in the amount of $344.628 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost 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. 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 preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall aintain all required improvements for a minimum' period of one year after pre . ary approval by the Development Services Director. After the one- year m enance period by the Developer has terminated, the Developer shall petition F:\98-o075 Pelican Marsh West - Pine Lakes Drive\Pennitting Documents\Construction & Maintenance Agreement for Subdivision Improvements ,doc 1 -, "--"-- _.__'.'e.._._._"___'___." .._.....- . JAN 1 21999 the Development SeI vices Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the even the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. F:\98-0075 Pelican Marsh West - Pine Lakes Drive\Permining Documents\Construction & Maintenance Agreement for Subdivision Improvements. doc 2 -, ...-. ..._.,,--~ ~ JAN 1 2 199~ IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this~ day of ?'"..."....,. , 19l1. WCI Communities, Limited Partnership BY: ~ LJ)MJlUry CR. ~,~ JJ 0 t-~~ ~ ~.~.if'T- ~ PrintedName lTit~ Printed Name V. -Vb ~ c?(CLu--zv ~LdA ;rj~) Witness 'fJ.t~€~:, (2fIILlJIfE"Ss Printed Namtt., (/j- , ' ',.' '. Attest;as to Cha1nqn's .-'A TTEST: ~1 gpat'Ure on 1y_ BOARD OF COUNTY COMMISSIONERS . . --: "-' ## ,~~ DWIGHT K'BROCK; CLERK OF COLLIER COUNTY, FLORIDA :.;.1: ~~~l~ ~;~~!v~ .,.. ./ "<" "', Deputy Clerk aIrman ~~j.! .""1';. ~ ('" '\,\'f",-~'r' \4 . . \ ,~, Approved as'to form and legal sufficiency: 1J~04 tlAfu~ Heidi F. Ashton Assistant County Attorney F:\98-0075 Pelican Marsh West - Pine Lakes Drive\Permitting Documents\Construction & Maintenance Agreement for Subdivision Improvements ,doc 3 ~ January 12, 1999 Item #16Bl RESOLUTION 99-54 AND DECLARATION OF EASEMENT FOR A SIDEWALK AND LANDSCAPE FOR THE VANDERBILT BEACH ROAD FOUR LANING PROJECT (HAMMOCK OAK DRIVE TO AIRPORT-PULLING ROAD) Page 136 ~. ,--- ~--_.._--,. __ __~u___~__._..~~",_."._ ~ I JAN 1 2 1999 , RESOLUTION NO. f'. ...u.... A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE ONE (1) DECLARATION OF EASEMENT FOR PROPERTY OWNED BY COLLIER COUNTY WHICH WILL BE UTILIZED FOR A SIDEWALK, LANDSCAPE AND MAINTENANCE EASEMENT WHEREAS, Collier County owns in fee simple title, the property currently occupied by the North Collier Library Branch and Emergency Medical Services, Sheriffs Office and the North Naples Fire & Rescue District located on Vanderbilt Beach Road; WHEREAS, Westinghouse Communities of Naples, Inc., a Florida corporation, previously conveyed the property occupied by the Emergency Medical Services, Sheriffs Office and the North Naples Fire & Rescue District by Quit Claim Deed recorded in O. R. Book 1338, Page 50, et seq., in the Public Records of Collier County, Florida, for iJse as noted above; WHEREAS, Coral Ridge-Collier Properties, Inc., a Florida corporation, previously conveyed the property occupied by the North Collier Public Library by Quit Clam Deed recorded in O. R. Book 909, Page 1081, et seq., in the Public Records of Collier County, Florida, for use as noted above; WHEREAS, the attached legal descriptions and sketches are for Parcels 105 and 106 which are for sidewalk, landscape and maintenance purposes for the portion of property known as the North Collier Library Branch and the Emergency Medical Services, Sheriffs Office and the North Naples Fire & Rescue District; WHEREAS, the above-stated uses are not identified in the Public Records of Collier County, Florida; WHEREAS, it is the intent of Collier County to reflect that Parcel 105 and 106 shall be utilized for the above-stated purposes; and WHEREAS, the recordation of the Declaration of Easement in the Public Records of Collier County, Florida, will place the public and all interested parties on notice as to the stated uses of the County-owned properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Declaration of Easement shown in Exhibit "A", attached hereto and made a part hereof, for the uses stated herein is hereby approved. 2. The Chairman of the Board of County Commissioners has been authorized to execute the Declaration of Easement. 3. Staff has been authorized to record same in the Public Records of Collier County, Florida. This Res~lution adopted after motion, second and majority vote. " " , '. " " , DATED~~/~/J?:l ATTEST: . BOARD OF COUNTY COMMISSIONERS DWIGHT .E. BROCK, CLERK :LLI~L~A~ , .' By. ~f~~.t~(t ." ./ / . 'h, (. ., , t; f " Depu y Clerk Barbara B. Berry, Chairman Attest as to Chairman's s 1 gnature on Jrt, Approved as to fm and ,egrffiCie7 I -l' '1A~d.q I . vi n/\--/,- Heidi F. Ashton Assistant County Attorney ! JAN 1 2 1999 EXECUTIVE SUMMARY INSTRUCTIONS Title: APPROVAL OF A DECLARATION OF EASEMENT FROM COLLIER COUNTY FOR THE VANDERBilT ROAD FOUR LANING PROJECT (HAMMOCK OAK DRIVE TO AIRPORT.PUlLlNG ROAD Documents: Please ~n a ~ of the Resolution and the oriQinal Declaratio.!} of Easement JO be recorded in the Public Records of Collier County, Florida, to Deena Quinn, Senior Specialist, Real Property Management Department. Thank you. . I JAN , 2 1999 I PROJECT: Vanderbilt Beach Road - Project No. 67021 PARCEL: 105 and 106 FOLIO: 00169000006 & 00176682006 DECLARATION OF EASEMENT THIS DECLARATION is made this /d~ day of ~ ,1992:.. by COLLIER COUNTY, a political subdivision of the State of florida, h ving a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant. " Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Properties." See attached Exhibit "A" which is incorporated herein by reference. Declarant hereby declares that the Properties are and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to non-exclusive easements and privileges to enter upon, construct and maintain sidewalks and landscaping on the Properties, attached hereto and made a part hereof, hereinafter referred to as the "Easement." The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ~: ;'1 r ! l AHEST: " , '."/ BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA ,.,. """.. , ,., r ," ,- ..~ BY: ~~.~ --By: -C;~ X; t. 6. ./ f . ::. , eputy Clerk Barbara B. Berry, Chairman Attest as.. )t.o:. Cha frlllaA I s signature'on}.)'_ Approved as to form and legal sufficiency: ~LLcL. j AyVv'--- Helai F. Ashton Assistant County Attorney . . - " ~; EXHtBI r 'lA" . .' I ~ L I .,+ ~ JAN 1 2 1999 OFFICE OF CAP IT AL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 PROJECT NO. 67021 PROJECT PARCEL NO. 105 - Library TAX PARCEL NO. 001690000()6 LEGAL DESCRIPTION (NOT A SURVEY) Description of a portion of Section 33, Township 48 South, Range 25 East Collier County, Florida BEGINNING at the northwest comer of Tract B, Pelican Bay Unit Sixteen as recorded in Plat Book 18, Pages 35 and 36 of the Public Records of Collier County, Florida; thence along the west line of said Tract B, South 09051 '40" West 17.69 feet; thence leaving said west line, North 80012'25" West 97.65 feet; thence South 83042'44" West 20.82 feet~ thence 9.29 feet along the arc ofa circular curve, concave northeasterly, having a radius of 16.00 feet, through a central angle of33016'28" and being subtended by a chord which bears North 79039'OrWest 9.16 feet~ thence North 63000'47" West 6.27 feet~ thence 9.86 feet along the arc of a circular curve, concave southwesterly, having a radius of 19.00 feet, through a central angle of 29043 '24" and being subtended by a chord which bears North 77052 '29" West 9.75 feet; thence South 87015'49" West 6.37 feet~ thence 9.41 feet along the arc of a circular curve, concave to the north, having a radius of 21.00 feet, through a central angle of25039'47" and being subtended by a chord which bears North 79054'18" West 9.33 feet; thence North 67004'24" West 12.33 feet; thence North 80041 '35" West 28.57 feet; thence North 73010'34" West 17.63 feet; thence North 62012'41" West 26.96 feet; thence 16.91 feet along the arc ofa circular curve concave southwesterly, having a radius of 55.00 feet, through a central angle of 17037'11" and being subtended by a chord which bears North 71001' 17" West 16.85 feet; thence North 79049'52" West 41.55 feet; thence North 09051'40" East 6.80 feet; thence South 80008'20" East 300.00 feet to the Point of Beginning of the easement herein described; Subject to easements, restrictions, and reservations of record. BY: .a/, -Z )~,/9'7 . ,'r'r . DATE: J SEPS:' BOGGS , PR 17 SSIONAL SURVEYOR & MAPPER. #3516 WIL ON, MILLER, BARTON & PEEK, INC. 3200 BAILEY LANE, NAPLES, COLLIER COUNty, FLORIDA 34105 (941) 649~4040 PIN NO.: N6005-002-001-TCABS 02112197- W-6005.07 DRAWN BY. . EO BY: SCAlE: DATE: SHEETS: -, FILE NO.: MLB-264 1"=30' 2/10/97 1 2 1L-105 - OF . , ,..,....." EXHtB\ T II'" '~... , JAN 1 2 1999 , ~)~ ..l.. ",t- ~ , Feb 1 , 1997 - 10:31:01 D:\MLB\6005\ 1 L 1 05.dw( OFFICE OF CAP IT AL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 --- SKETCH OF DES.C'RIPTION 6.80' ~ J ~I ~ ",I ~I '" ~'I O.R. BOOK 909 . / ~ .~I PAGES 1081-1088 tJ:I '/ 0 7 15 30 60 f GRAPHIC SCALE / :s I Curve number 4 f -------------- Radius= 55.00 / Delta= 11"37'11" / f- Are= 16.91 N.6712'41.W. 26.96' ... / ::r:: , Tangent= 8.52 / C> Chard= 16.85 / CE C\J Chord 8rg. N.7/'OI'lrW. I (Q ~ ...' 0 I N.7.YI O'J4.W. 17.6J' 0 C/) I .... , ~ 0 I a z I d I Q:' a N.80'4I'J5.W. 28.57' ...../ d ::r:: Q:' Curve number J I u -------------- I GSf:! Radius= 21.00 I CO~ Del/a= 25'J9'4r } Are= 9.41 .....' C/) Tangent= 4.78 N.67'04'24"W. 12.JJ' Chard= 9.33 I Chord 8rg. N.79'54 '1 Ef'w. i @ S.87'15'49.W. 6.37' ...t Curve number 2 + -------------- :& Radius= 19.00 N.6.Y00'4rW. 6.27' ...1- De/ta= 29'4J'24. Are= 9.86 -I Tangent= 5.04 ~I Chard= 9.75 + Chord 8rg. N. 7,52'29.W. \ \ S.8J"42'44.W. 20.82' ...\ \ , Curve number I / -------------- / Radius= 16.00 Del/a= 3J"16'2Ef' EASEMENT I Are= 9.29 DESCRIBED I..... Tangent= 4.78 / Chard= 9.16 I Chord 8rg. N. 79'J9 '02"W. / I .:oe I ~ GENERAL NOTES: ;;:;/ ~I 1. DIMENSIONS ARE IN FEET AND DECIM S THEREOF. Vi O.R. BOOK 909 ~'I 2. SEE SHEET 1 OF 2 FOR LEGAL DESC IPTION. . I PAGES 1081-1088 .~/ 3. BEARINGS ARE BASED ON THE NORT LINE OF &1 TRACT "B" OF PELICAN BAY UNIT SI TEEN, . I PLAT BOOK 18, PAGES 35-36, BEl G SOUTH / 80.08'20" EAST. I I I I S. O!J"S, '40. I W. '7.69' I TRACT "B" PELICAN BAY UNIT SIXTEEN POINT OF BEGINNING PLAT BOOK 18, PAGES 35-36 ~ NORTHWEST CORNER OF TRACT "B" OF PELICAN BAY PIN NO.: UNIT SIXTEEN, PLAT BOOK N6005-002-001-TCABS 18, PAGES 35-36. , *** NOT A SURVEY *** DRAWN BY: CHECKED BY: SCALE: SHEETS: FILE NO.: MLB-264 1"=30' 2 2 1L-105 OF' , EXHIBIT "A" JAN 1 '2 1999 -?c..~<.: 3 0 r '1 OFFICE OF CAPITAL PROJECTS '3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. 67021 PROJECT PARCEL NO. 106 - EMS. etc. TAX PARCEL NO. 00176682006 LEGAL DESCRI~TION (NOT A SURVEY) COMMENCING AT THE NORTHEAST CORNER OF HAMMOCK OAK DRlVE, AS DEPICTED ON THE PLAT THEREOF, PELICAN BAY UNIT SEVENTEEN, AS RECORDED IN PLAT BOOK 22, PAGE 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA SAID POINT OF COMMENCEMT ALSO LYING ON THE SbUTH RlGHT OF WAY LINE OF V ANDERBIL T BEACH ROAD (C.R.862) ; THENCE SOUTH 80 DEGREES 08 MINUTES ..j 20 SECONDS EAST, ALONG SAID RlGHT OF WAY LINE A DISTANCE OF 91.59 FEET; THENCE SOUTH 9 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 08 MINUTES 20 SECONDS WEST ALONG A LINE LYING 17.5 FEET SOUTH, AS MEASURED PERPENDICULAR TO, SAID SOUTH RlGHT OF WAY LINE OF V ANDERBIL T BEACH ROAD, A DISTANCE OF 124.86 FEET; THENCE SOUTH 49 DEGREES 18 MINUTES 03 SECONDS EAST, A DISTANCE OF 4.94 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.50 FEET AND A CENTRAL ANGLE OF 34 DEGREES 43 MINUTES 25 SECONDS; THENCE SOUTHEAST ALONG SAID CURVE, A DISTANCE OF 15.45 FEET; THENCE SOUTH 84 DEGREES 0 I MINUTE 28 SECONDS EAST, A DISTANCE OF 26.27 FEET; THENCE SOUTH 81 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 29.89 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 401.00 FEET AND A CENTRAL ANGLE OF 7 DEGREES 07 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 49.90 FEET TO THE POINT OF BEGINNING; SAID DESCRlBED TRACT CONTAINING 0.011 ACRE (460 SQUARE FEET), MORE OR LESS. BASIS OF BE~NGS IS THE SOUTH RlGHT OF WAY LINE OF V ANDERBIL T BEACH ROAD BEING SOUTH 80 DEGREES 08 MINUTES 20 SECONDS EAST. PARCEL VBR 106 I < \"', '\ r,.\ o~-t?f;C; DATE: ,? /;,/1r GE - . ~lCRMONO ' . P OFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLlI[I~ COUNTY GOVERNMEN r COMPLEX JJU 1 E TAMIAMI THAlL NAPLES. FLOHlOA J4112 . EXHIBIT "A" JAN 1 2 1999 , \\"J (. 'I c r '-I OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION / P.D,C. N.E. Corner of Hammock Oak Drive Pelican Bay Unit 17 Plat Book 22, Page 23. ~ S. 80.08 '20"(. ~O OC;~ ~~~ N.80.08'20" S.09.51' 40"W. -<-~ <V W. 124.86' 17.50' S.49"18'03"E. S.84"01'28"E. C-2 4.94' 26.27' S.81.00'OO"E. 29.89' Curve nUMber 1 Curve nUMber 2 --------------- --------------- Radius = 25,50' Radius = 401.00' 6. = 34.43'25' 6. = Or07'50' Arc = 15.45' Arc = 49,90' Chord = 15.22' Chord = 49,87' Chord Brg, S,66.39'46'E, Chord Brg. S.84.33'57'E, GENERAL NOTES D P,O.C, Indicates Point of COMMenceMent 2) P,O,B, Indicates Point of Beginning 3) See. Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range t 6) R/'vI Indicates Rlght-of-wny 7) All dlstnnces nre In feet nnd declMnls thereof 8) Bnsls of benrlngs Is the South R/'vI line of Vnnderbll t Bench Rond being S,80.08'20''vI, 9) Not vnlld unless signed nnd senled with the eMbossed senl of the professlonnl lnnd surveyor THIS IS ONLY A SKETCH DRAWN BY: CHECKED BY: SCALE: DATE: FILE NO.: L.M.R, NOT TO 03-19-98 VBR-106 SHEET 2 OF 2 SCALE . . I EXHIBIT "A" JAN 1 2 1999 I PROJECT: Vanderbilt Beach Road - Project No. 67021 PARCEL: 105 and 106 FOLIO: 00169000006 & 00176682006 DECLARATION OF EASEMENT THIS DECLARATION is made this /d~ day of ~,.~~ ' 1992-., by COLLIER COUNTY, a political subdivision of the State of orida, ha ng a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant. " Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Properties." See attached Exhibit "A" which is incorporated herein by reference. Declarant hereby declares that the Properties are and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to non-exclusive easements and privileges to enter upon, construct and maintain sidewalks and landscaping on the Properties, attached hereto and made a part hereof, hereinafter referred to as the "Easement." The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. ~N WITNESS WHEREOF, Declarant has caused these presents to be executed the d"ate'al1d /lear first above written. . , , I . ."., '; ,".' ATTEST: . Il:, BOARD OF COUNTY COMMISSIONERS ",.. ~', pWIGH.T E: BROCK COLLIER COUNTY, FLORIDA . , .'. BY ~~~ \:p~~~~ ~.. H . \ D t CI k "'r/, '" 'r' ,\'.'. . ,epu y er Barbara B. Berry, Chairman r , ~ "",' Attest as to Chairman's signature onlJ. Approved as to form and legal sufficiency: It.J.. j Avtv,- HelcH F. Ashton Assistant County Attorney . -,' EXHtB' r "A" - o J AN 1 ? 1999 , rlt t'. , co+ ~ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 PROJECT NO. 67021 PROJECT PARCEL NO. 105 - Library TAX PARCEL NO. 00169000006 LEGAL DESCRIPTION (NOT A SURVEY) Description of a portion of Section 33, Township 48 South, Range 25 East Collier County, Florida BEGINNING at the northwest comer of Tract B, Pelican Bay Unit Sixteen as recorded in Plat Book 18, Pages 35 and 36 of the Public Records of Collier County, Florida; thence along the west line of said Tract B, South 09051'40" West 17.69 feet; thence leaving said west line, North 80012'25" West 97.65 feet; thence South 83042'44" West 20.82 feet; thence 9.29 feet along the arc ofa circular curve, concave northeasterly, having a radius of 16.00 feet, through a central angle of33016'28" and being subtended by a chord which bears North 79039'02" West 9.16 feet; thence North 63000'47" West 6.27 feet; thence 9.86 feet along the arc of a circular curve, concave southwesterly, having a radius of 19.00 feet, through a central angle of 29043'24" and being subtended by a chord which bears North 77052'29" West 9.75 feet; thence South 87015'49" West 6.37 feet; thence 9.41 feet along the arc of a circular curve, concave to the north, having a radius of 2 J. 00 feet, through a central angle of 25039'47" and being subtended by a chord which bears North 79054' 18" West 9.33 feet; thence North 67004'24" West 12.33 feet; thence North 80041 '35" West 28.57 feet; thence North 730lO'34"West 17.63 feet; thence North 62012'41" West 26.96 feet; thence 16.91 feet along the arc ofa circular curve concave southwesterly, having a radius of 55.00 feet, through a central angle of 17037' 11 " and being subtended by a chord which bears North 7100 1'17" West 16.85 feet; thence North 79049'S2" West 4 J.S5 feet; thence North 09051'40" East 6.80 feet; thence South 80008'20" East 300.00 feet to the Point of Beginning of the easement herein described; Subject to easements, restrictions, and reservations of record. /?/ ~ /9 BY: '.' j;.~ ' . . DATE: "Z /.3 "7 J EP :S: BOGGS . PR SSION,A.~' SURVEYOR', & MAPPER. #3516 WIL ON, MILLER, BARTON i&~ PEEK, INC. 3200 BAI.LllY, LANE,' NAPLES; , COLLIER COWNty,:FLORIDA '34105 (941) 649j~~0'40' ,. . PIN NO.: ' .'.i N6005-002-001-TCABS 02I121P7. W-600'.01 DRAWN fit. . EO fit: SCALE: DATE: SHEETS: FlLE NO.: MLB-264 1" =30' 2/10/97 1 or 2 1 L - 1 05 r · \ . H1Bli ll~' . EX ;l <lOt- - j AN 1 2 1999 · I ~)~ Feb ~1. 1997 - 10:31:01 D:\MLB\6005\1L105.dw OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 --- SKETCH OF DES.C'RIPTION 6.80' ~ } iJ !Ji' ~, ...., O.R, BOOK 909 .., ~ PAGES 1081-1088 ~, o 7 15 30 110 f' GRAPHIC SCALE I ~ I Curve number 4 I- R;d~~:--55~~-:-- II Oe/to- 1737" N.62'12'''I"W. 2696' I I- Arc.. 16.91 . .... ... , J: Tangent. 8.52 I 0 Chord- 16.85 I if: C\J Chord Brg. N.7,.0I'lrW, I . ~ 101 N.7jlO'J4"w' 17.6J' ... 0 C/J I - I '-0 I a ~ , d I ~ ~ N.80"41'J5"W. 28.57' .... , J: f? Curve number J , U -------------- , L5 ~ Rodiu$'" 2 1.00 , CO !;i Delta. 25'J9'4r J i...: Arc'" 9.4 I "/ C/J Tongent- 4.78 N.6704'24 W, 12.JJ' .... Chord- 9.JJ I Chord 8rg. N.79'54'I8"w' f ~ S.8715'49"w' 6.J7' ... t Curve number 2 ii;} ______________ ~t Rodiu$= 19.00 l- De/to- 29"4J'24" N.6J"OO'4rw' 6.27' ~ Arc- 9.86 ,. Tongent- 5.04 ~, Chord" 9.75 + Chord 8rg. N.7752'29"w' \ \ S.8j42'44"w' 20.82' .... \ \ ) Curve num~r 1 , R;diu~:--'6~O---- , Delta.. Jjl6'28" EASEMENT I Arc- 9.29 DESCR BED I'" Tongent= 4.78 I, Chord- 9.16 , Chord 8r9. N.79'J9'02"w' I I .::e , ~I GENERAL NOTES: ti' 1. DIMENSIONS ARE IN FEET AND DECIM O.R. BOOK 909 '~1 2. SEE SHEET 1 OF 2 FOR LEGAL DESC PAGES 1081 -1 088 .~I 3. BEARINGS ARE BASED ON THE NORT LINE OF ~I TRACT "B" OF PELICAN BAY UNIT SI TEEN ',' PLAT BOOK 18, PAGES 35-36, BEl G SOUTH , 80.08'20" EAST. , S.09'51'~rr. f I W. 17.69" TRACT "B" PELICAN BAY UNIT SIXTEEN ----" POINT OF BEGINNING PLAT BOOK 18 PAGES 35-36 NORTHWEST CORNER OF , TRACT "B" OF PELICAN BAY PIN NO.: UNIT SIXTEEN, PLAT BOOK N6005-002-001- TCABS 18, PAGES 35-36. , *** NOT A SURVEY *** DRAWN BY: CHECKED BY: SCAlE: SHEETS: riLE NO.: MLB-264 1" =30' 2/10/97 2 or 2 1 L -1 05 \ EXHIBIT "A" JAN 1 2 1999 I ~C) ~ e , 3 or '1 OFFICE OF CAPITAL PROJECTS '3301 EAST TAMIAMI TRAIL NAP LES I FLORIDA 34112 (941) 774-8192 PROJECT NO. 67021 PROJECT PARCEL NO. 106 - EMS. etc. TAX PARCEL NO. 00176~82006 COMMENCING AT THE NORTHEAST CORNER OF HAMMOCK OAK DRIVE, AS DEPICTED ON THE PLAT THEREOF, PELICAN BAY UNIT SEVENTEEN, AS RECORDED IN PLAT BOOK 22, PAGE 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEMT ALSO LYING ON THE SbUTH RIGHT OF WAY LINE OF V ANDERBIL T BEACH ROAD (C.R.862) ; THENCE SOUTH 80 DEGREES 08 MINUTES ,.'. 20 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 91.59 FEET; THENCE SOUTH 9 DEGREES 5 I MINUTES 40 SECONDS WEST, A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 08 MINUTES 20 SECONDS WEST ALONG A LINE LYING 17.5 FEET SOUTH, AS MEASURED PERPENDICULAR TO,SAID SOUTH RIGHT OF WAY LINE OF V ANDERBIL T BEACH ROAD, A DISTANCE OF 124.86 FEET; THENCE SOUTH 49 DEGREES 18 MINUTES 03 SECONDS EAST, A DISTANCE OF 4.94 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.50 FEET AND A CENTRAL ANGLE OF 34 DEGREES 43 MINUTES 25 SECONDS; THENCE SOUTHEAST ALONG SAID CURVE, A DISTANCE OF 15.45 FEET; THENCE SOUTH 84 DEGREES 0 I MINUTE 28 SECONDS EAST, A DISTANCE OF 26.27 FEET; THENCE SOUTH 81 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 29.89 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 401.00 FEET AND A CENTRAL ANGLE OF 7 DEGREES 07 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 49.90 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.011 ACRE (460 SQUARE FEET), MORE OR LESS. BASIS OF BE~NGS IS THE SOUTH RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD BEING SOUTH 80 DEGREES 08 MINUTES 20 SECONDS EAST. PARCEL VBR 106 . , f' '? . ~: , , (', ')' . - .',' . I.., , , I ';"_. ' / :J, O. /~, " , DATE:,?h,J1r GE . ~~HMONU ' . P OFESSIONAL -LAND SURVEYOR 02406 OFFICE OF CAPITAL PROJECTS COLUEH COUN1Y GOVERNMEN r COMPLEX 33U 1 E TAMIAMI THAlL NAPLES, FLOHIDA 34112 - _--<.;..-- --=".-'-.'~c.. """'"'"=""=- -~ '._=;:o"._-"'''-~ January 12, 1999 Item #16B2 - DELETED Item #16B3 - DELETED Item #16B4 REJECT BIDS RECEIVED UNDER BID INVITATION 98-2881 - STAFF TO RE- SOLICIT BIDS Item #16B5 - Moved to Item #8B5 ALTERNATE ROAD IMPACT FEE FOR THE HERITAGE GREENS GOLF AND COUNTRY CLUB Item #16B6 BID #98-2860 FOR UNDERGROUND UTILITY SUPPLIES TO VARIOUS VENDERS Item #16B7 BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD IN FUND 414 Item #16B8 TWO GRANT AGREEMENTS FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE AMOUNT OF $400,000 TO CONSTRUCT AQUIFER STORAGE AND RECOVERY SYSTEMS FOR POTABLE WATER AND RECLAIMED WATER REUSE Page 137 ,- .---- '-' -- . . 1998 _ 1999 SOUTH FLORIDA WATER MANAGEMENiAN 1 2 1999 DISTRICT FUNDING PROGRAM AGREEMENT 0 RIG I N A L Recipient's Name: Shaded Areas For District Use Only Collier County Water/Sewer District Application No. A WS-98 _~J____________ Address: Governing Board Approval DateNlltt..-l.l.._199.8 3301 East Tamiami Trail D' t . t F d' A $200,000.00 Bldg. H IS rlc un '"g mount: -------------------- Naples, Florida 34112 M/WBE Target % _~L___________________ District's Project Manager: Jane Bucca Address: 3301 Gun Club Road West Palm Beach, Florida 33406 Telephone No: Fax No: (561) 682-6791 (561) 681-6264 0 ~ Insurance Attachment ( "B" ) Applicable Not Applicable Recipient's Project Manager: Mr. Ed 11 schner Address: Collier County Water/Sewer District 3301 East Tamiami Trail Bldg. H Naples, Florida 34112 Telephone No: (Area Code) Fax No: (Area Code) (941) 732-2540 (941) 732-2526 Federal Employer Identification Number: Project Title: Manatee Road Potable Aquifer Storage and Recovery System Contract C-10756 Page 1 of 8 ----.- ,,-,'. . ,---""'- -- , . 'AN 1 2 1999 This Agreement is entered into between "the Parties", the South Florida Water Management District, (the "District"), and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Construction start date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSA TION/CONSIDERA TION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one. Such amount is a fixed amount and therefore, no additional consideration shall be authorized. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A" By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment" A" 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Attachment "A" ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Attachment "A" of this Agreement. The Recipient's invoice shall reference the District's Application Number and shall be sent to the Project Manager at the address stated on the first page of the Agreement. The Recipient shall not submit an invoice to any other address at the District. Contract C-10756 Page 2 of 8 ----~ ----- ---'-- - . . jAN 1 1. 1999 4.2 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.3 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project and the M/WBE utilization plan applicable to the construction of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion and provide an updated M/WBE utilization report indicating the M/WBE firms used on the Project. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A, attached hereto to this Agreement. 4.4 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Rorida Water Management District Attn: (Project Manager's Name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Application Number. ARTICLE 6 - TERMINATIONIREMEDIES 6.1 If either Party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other Party shall have the right to terminate this Agreement by giving written notice of any deficiency. The Party in default shall then have ten (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-defaulting Party shall have the option to terminate this Agreement at the expiration of the ten (10) daytime period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. Contract C-10756 Page 3 of 8 ,- . . JAM 1 2 1999 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non~financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute. and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state. and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justifiable in federal court. Contract C-I0756 Page 4 of 8 ...----"--.- ----.,. ,- JAN 1 2 1999 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - YEAR 2000 COMPLIANCE 9.1 In the event that the Recipient's performance, as required by this Agreement, involves the use and/or delivery of a software and/or hardware product of any kind, the following language shall apply: The Recipient represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represent or reference multiple centuries. 9.2 Without limiting the generality of the foregoing, the Recipient further represents and warrants: (I) That the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represent or reference multiple centuries. (2) That the software, firmware and/or hardware has been designed to ensure Year 2000 Compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century. (3) That the software, frrmware and/or hardware include Year 2000 capabilities. For the purposes of this Agreement, Year 2000 Capabilities means the software, frrmware and/or hardware: (i) will manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provides that all date-related user interface functionalities and data fields include the indication of century. 9.3 Included as part of this Year 2000 Compliance Warranty, the Recipient shall provide to the District, at no additional charge, (i) fixes, corrections and updates to the software that are necessary to ensure Year 2000 Capabilities, as defined herein; (ii) advice, consultation and assistance to use the software and/or hardware and diagnose and correct Year 2000 Capability problems that may exist with the software and/or hardware; and (iii) if deemed necessary by the District, replacement hardware which is compliant with this Year 2000 Compliance Warranty. Contract C-I0756 Page 5 of 8 - m__ - JAN 1 2 1999 9.4 In the event fixes, corrections and updates of the software are not technically feasible, and this Agreement involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind, the Recipient shall accept the return of the software and/or hardware if this warranty is breached, and terminate any and all applicable Schedules. Further, the Recipient shall refund to the District the full amount of the License Fee actually paid to the Recipient for the software; and in the case of hardware return, the Recipient shall refund to the District the full amount of the hardware actually paid to the Recipient by the District. In addition to the foregoing, the Recipient shall refund to the District all maintenance fees paid by the District, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the District. Notwithstanding any other provision in the Agreement to the contrary, the District hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages or equitable relief). 9.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Year 2000 Compliance Warranty shall survive the expiration or termination of this Agreement. ARTICLE 10. INDEMNIFICATION AND INSURANCE 1 D.l The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities) For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. ID.2Thefollowing shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. ARTICLE 11 . M/WBE COMPLIANCE 11.1 The Recipient shall take all necessary and reasonable steps to achieve and maintain the M1WBE target for this Agreement, and ensure that minority-owned enterprises have the maximum opportunity to compete for and perform under the construction of the project. The Recipient shall submit a copy of the Final M1WBE Utilization Report with the final invoice. See Attachment "B". Contract C-ID756 Page 6 of 8 ,_..... ,- .IAN 1 2 1999 ARTICLE 12 . RELATIONSHIP BETWEEN THE PARTIES 12.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 12.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 12.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 13 . GENERAL PROVISIONS 13.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 13.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 13.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 13.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 13.5 This Agreement may be amended only with the written approval of the Parties. 13.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-10756 Page 7 of 8 "----" '- .I AN 1 "1 1999 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. Legal Form Approved SFWMD Office of Counsel SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Y:~A /1~4 Date: /d -ltJ- tJ' By: Executive Director Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POL~llCAL" "'., SUBDIVISION OF THE STATE OF F.E'ORIDA,. """ AND AS EX-OFFICIO THE GOVE~rNG ~. BOARD OF THE COLLIER COU1'!TY Recipient's Legal Name: WATER/SEWER DISTRICT By AuilioriredOffiCiW~ ~~ C ~. ,j '/. Title: I flV'l\~ ';'/JIIlil:'.' . . Acceptance Date: / j/z/~J , , i . ~ i Construction Project Start Date: '. , , Approved as to form and . . I~Uffici~~ ATTEST: - ~ DWIGHT E. BROCK, CLEP.K -: .- .- -lDlM Jy: pd~,./tl- ,.J;i<P:i!. .' Assistant County Attorney ;.. - Attest as to Chairman's signature on1J_ Contract C-10756 Page 8 of 8 ..-.- ~---,-- - .IAN 1 ? 1999 ATTACHMENT "A" DETAILED DESCRIPTION OF PROJECT ----- -- - JAN 1 2 1999 - ATTACHMENT A DETAILED DESCRIPTION OF PROJECT - 1.0 Introduction I Collier County initiated a phased deep aquifer study in 1990 to investigate brackish groundwater resources for potential as a raw water supply source or an aquifer storage and recovery system. !I Results of that study indicated a viable aquifer storage and recovery zone at the county's Manatee Road utility site. The Manatee Road site facilities include a 2 million gallon storage tank, a high - service booster pump, and an emergency power generating unit. The site is located in the southern portion of the county's water potable distribution system. Location of an ASR facility in the . distribution system and away from a central water treatment plant was a novel concept at the time I which yields a number of operational advantages. The primary benefits of locating the ASR system at the Manatee Road facility include: provision of peak seasonal demands to the south county area, . alleviation of the need for construction of parallel transmission mains or in-line booster pumps to meet those seaSonal demands, deferment of expansion of the South County Regional Water I Treatment Plant and raw water supply system, and provision of emergency water supply in case of power outages, line breaks or other distribution problems. II The Manatee Road potable ASR system was designed and pennitted through the Florida Department . of Environmental Protection (FDEP) Underground Injection Control (VIC) program. One ASR injection/recovery well and 4 monitor wells were constructed into the Hawthorn Zone II aquifer. '. Injection of potable water began in October 1991. Since that time,' seven cycles of injection, storage, and recovery have been conducted. Presently, about 150 MG of potable water are stored in the ASR I zone. Ultimate yield of the existing ASR well is approximately 1.5 MGD with a recovery efficiency of approximately 70%. Collier County has allocated the funds for this fiscal year to convert the test . \ ASR well into a fully operational system (Phase I). Final designs for this Phase I operational . conversion are near completion and construction bidding will occur in October 1998. Costs for the construction is estimated to be $440,000. The existing ASR system will ultimately be expanded to . 5 MGD with the addition of 4 ASR wells (Phase II). Cost of the Phase II expanded system is an additional $1.4 million. . I ATTACH.A A-1 ---"--. ,- -- -" -- . JAN 1 2 1999 . ATTACHMENT A DETAILED DESCRIPTION OF PROJECT - The Manatee Road ASR system allows the county's freshwater resources to be managed most . effectively. Freshwater is treated and stored during the wet season months when excess supply is available. Peak season demands are later met by use of the ASR stored water thereby alleviating I ,- demand placed on the freshwater sources during critical dry periods. Collier County has been a leader within the SFWMD in its use of brackish water sources, wastewater reuse, and ASR I technology. The proposed project continues the county's commitment to meeting the goals and objectives of the Lower West Coast Plan. The overall project objectives are the conservation of water resources, emergency water supply, and the reduction of potential adverse environmental effects. The principal objectives of implementing an ASR facility for Collier County are: . Reduce dependence on the Lower Tamiami aquifer to meet peak dry season demands. . Provide storage for an emergency water supply. . Increase reliability for Collier County and adjacent interconnected utilities. . Provide effective management of existing resources. . Minimize the need for wellfield, transmission line, and water treatment system expansion to meet potable demands. . Minimize the threat of saltwater intrusion by reducing dry season wellfield stress. . Minimize the threat of seasonal stress on wetland vegetation. . Optimize operation of existing facilities. . Support regional water management strategies. \ 2.0 Scope Phase I The scope for Phase I of this project is to construct the pumping, piping, filtration, and treatment facilities to convert an existing test ASR well into a fully operational 1.5 MGD potable ASR system. The project will allow the seasonal storage of over 100 million gallons of treated drinking water for ATTACH.A A-2 ^----- ~~-- - I, JAN 1 21999 i ATTACHMENTA DETAILED DESCRIPTION OF PROJECT I withdrawal during the dry season and/or emergency situations using ASR technology. Design plans I and specifications will be completed and permits obtained prior to the commencement of the work to be performed under this proposal. Phase I construction will be completed within the 1998-1999 I budget year. I Phase /I The scope for Phase II of this project is to construct a 4 MGD expansion of the ASR facility at the . Manatee Road utility site. The construction is proposed to include 4 ASR wells and associated monitor wells, pumps, piping, and controls. The project will expand the existing system to allow I storage of up to 0.5 billion gallons of treated drinking water and withdrawing this supply during the , . dry season and/or emergency situations using ASR technology. Each well will be constructed . similarly to the first to approximately 500 feet below land surface (bls). The preliminary design has been developed and is included in the Collier County Aquifer Storage and Recovery Pilot Project . Technical Memorandum. Design plans and specifications will be completed and permits obtained . prior to the commencement of the work to be performed under this proposal. Phase II construction will be completed within the 1999-2000 budget year. I . "3.0 Work Breakdown Structure I 3.1 Description of Project Elements (Phase I) A summary of work and a description of tasks required to complete the Phase I project are provided . below. Work proposed to be covered by contract documents for the construction of the ASR facilit)l I at the Manatee Road facility includes the following: ~ DJ Summary of Work 1. Submersible pump purchase and installation I 2. Injection/recovery water transmission main construction 3. Filtration, pumps, disinfection and valving purchase and installation I 4. Instrumentation and controls purchase and installation ATTACH.A A-3 t .' _..~ .--- .. JAM 1 2 1999 II ATTACHMENT A DETAILED DESCRIPTION OF PROJECT . 5. Electrical system construction II 6. Miscellaneous site work 7. Contractor submittals . Task 1 - Preconstruction Activities . . Review and revise specifications for treatment, filtration, pumping, piping, and control facilities. . . Submit and receive necessary construction permits. 111I Work Products: Construction permits, Specifications and Plans for proposed facilities. Deliverable: Completed Construction Permits, Plans and Specifications . Task 2 - Prelimimu:y Construction Activities . . Clear site and establish vertical and horizontal control. . Mobilize equipment and materials. . . Install temporary services, as specified. l . ~ Work Products: Permits, equipment list, material and supplier's list, subcontractor's list, horizontal I and vertical control, and mill certificates. Deliverable: Completed preliminary construction activities. . Task 3 - Construction of Surface and Subsurface Facilities . . Construct water transmission piping and valves and above 'grade flanged piping and appurtenances. . . Install filtration, pumps, and valving. . Install and test electrical/instrumentation. . . Painting, restoration and cleanup. I ATTACH.A A-4 . -~_.. _._" "'0.'_. ,- j \. ,. llt 1 2 1999 J ATTACHMENT A DETAILED DESCRIPTION OF PROJECT I Work Products: Vertical and horizontal control, materials tabulation records, testing records, startup I logs, and certifications. Deliverable: Completed Surface Facilities and Transmission Piping I Task 4 - Final Construction Documents I . Prepare shop drawings and equipment information. . Prepare operations and maintenance manuals. J . Conduct training on equipment operations and maintenance. . Certify preparation of operation and maintenance manuals. J Work Products: Shop drawings, record drawings, and one copy of operation and maintenance 1 manual. Deliverable: Final Construction Documents. I I 3.2 Description of Design The design includes the following: I . One 50 Hp, 1100 gpm submersible vertical turbine pump. ~ . Two 5 micron cartridge filters each rated at 600 gpm. I . One 8-inch, 20 mesh trap strainer. . Four motor operated 8-inch butterfly valves, one 16-inch tapping valve and sleeve, two I- I inch air/vacuum release valves, one 6-inch motor operated valve, one rubber check valve, and four 8-inch gate valves. I . Various lengths of8-inch, 12-inch, and 16-inch diameter ductile~iron pipe, and related pipe fittings. One-inch PVC ammonia and chemical feed lines. I . One conductivity probe and insertion type turbine flow meter, each with transmitter. . One 150 Ib/day package sodium hypochlorite generator unit complete ~th salt and bleach I storage tanks. I ATTACH.A A-5 I .'~-_._"- .-',.--. -- ~ ~- JAN 1 2 1999 j A TTACHMENT A DETAILED DESCRIPTION OF PROJECT i . Electrical motor control center for pump and valves, instrumentation transmitters and f receivers and telemetry system. 3.3 Project Justification and Cost/Benefit Estimates i i' This project is justified because of the opportunity to conserve significant quantities of fresh water. - Groundwater levels during the wet season are frequently high, and excess groundwater is available for other beneficial use, such as urban water supply. The storage of wet season water for use during I the dry season will relieve demands on the aquifer during the dry season. The projects unique location away ,from the central water treatment plant offer the added benefits of emergency water I supply and elimination of additional transmission capacity just to meet peak season demands. . An analysis was performed to compare the capital cost of ASR versus the cost of conventional water . storage. The comparison indicated that ASR is much more economic than conventional storage. Other cost/benefit opportunities can be obtained through ASR implementation by minimizing and " delaying future wellfield and treatment plant expansion to meet future demands. 3.4 Potential for Significant and Lasting Benefits . Implementation of an ASR facility has significant and lasting benefits for Collier County by . providing the following: . . A means to meet future water demands by utilizing existing WTP facilities. I . An emergency water supply source. . Effective management of existing aquifer resources including\the ability to: - maintain wellfield safe yield - enhance wet season production - reduce wellfield stress during the dry season - minimize potential advancement of saltwater intrusion ATTACH,A A-6 _.. -,.," ---- - I JAM 1 2 1999 I ATTACHMENT A DETAILED DESCRIPTION OF PROJECT I . Reduce or delay the need for future transmission line expansion. I . Support regional water management strategies. 11 4.0 Project Location I The site is located in the southern portion of the county's potable water distribution system as shown on Figure 1. Figure 2 shows the proposed project. . I. 5.0 Deliverable Schedule . Table 1 provides a detailed project schedule. The project is estimated to be completed in 12 months or less. All construction will be completed prior to September 30, 1999. . I . ~ , ~ i . ! l ATTACH.A A-7 ~ _'.._..m_ - '.JA 2 1999 . R 27 E '. R 21 E R ~ E .. , .. .. , .. < ~ . .. Co ~ t-' .. ~ .. ~ C .. ~ "'.... " '" 51 S::. .. \:3:1 X, "-< " (") 0 ,. 51 N .so .. .+. s <II -- .... ;; . - .. .. ;; .. .. 3 .. j .. ~ " R 27 E Sl .. ;; ,. R 21 E U PROGRAM f R 2~ [ SUPPL Y fUNDING \IE WA TER ALTERNAlI , SFWUO CA TlON PROJECT LO ~ ... '- .., I JAN 1 2 1999- I I SCHEMATIC DIAGRAM OF PROPOSED MANATEE ROAD ASR WELL AND PUMPING SYSTEM I I I PROPOSED 12" ASR RECOVERY PIPE A I G ~ . DUAL DIRECT FLOW METER I PROPOSED 8" ASR RECHARGE PIPE t ! Ct ! CONDo PROBE EXISTING 20" . EXISTING .J SUCTION PIPE t I CARTRIDGE 6" BACKFLOW PREVENTER EXISTING 20" FILL PIPE FILTERS I I EXISTING I ! ASR WELL I I I I . I t: PROPOSED 16" BYPASS PIPE t: ---- 1 I B . I PROPOSED I ....-------/ ERQ.POS~ .1: QtI~ORINE 8" PURGE LINE I I . ~ f..RQPOSED !.:AMMO~A_ / --1 :1 1 ir I PROPOSEC I CHLORINE . I RESIDUAL I I MONITOR PROPOSED AQUA 0 AMMONIA FEEDER J EXISTING BOOSTER PROPOSED PUMPS BLEACH . r GENERATOR & ~ FEED EQUIPMENT EXISTING 20" DISTRIBUTION PIPE -+-- ---.. . . I -- -- - . JAM 1 2 1999 . ATTACHMENT A DETAILED DESCRIPTION OF PROJECT . . I TABLE 1 PROJECT SCHEDULE Task Description Duration (Months) 1 Preconstruction Activities 3 2 Preliminary Construction Activities 1 3 Surface and Subsurface Facilities 6 4 Final Construction Documents 2 TOTAL 12 , ~ ATTACH.A A-a __0.' - JAN 1 2 1999 ATTACHMENT "B" M/WBE Utilization Plan · Schedule of SubcontractorlMinority Business Enterprise (MlWBE) Participation . Final M/WBE Utilization Report --,---~..- . ._-... .-. JAN 1 219!9 -- MMlBE UTlLlZA TlON PLAN Collier County will make a good faith effort to meet the District's 17% Minority and Women ~ Business Enterprise (M/WBE), 'Participation Goal. .~ This project will utilize the, District's M/WBE program and Collier County's program with a 17% utilization goal. 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I I oq: .c1 III --,.- ! ! -, ~ -..----- : I ~l'" -' I I . ; ll:l . : t::,t: ; 8!'~ _ICI) - -- 1998 - 1999 SOUTH FLORIDA WATER MANAGEMENT JAN 1 2 1999 DISTRICT FUNDING PROGRAM AGREEMENT OR \ G \ ~ {i.l Recipient's Name: Shaded Areas For District Use Only Collier County Water/Sewer District 32 Application No. A WS-98 --------------- Address: Governing Board Approval Date --Ho.v...--l.J..rl998 3301 Tamiami Trail D' t . t F d' A t $ 200 .000.00 Building H IS rlC un lng moun: -------------------- Naples. Florida 34112 M/WBE Target % ----~~----------------- District's Project Manager: Jane Bucca Address: 3301 Gun Club Road West Palm Beach. Florida 33406 Telephone No: Fax No: (561) 682-6197 (561) 681-6264 0 e Insurance Attachment ("B" ) Applicable Not Applicable Recipient's Project Manager: Mr. Ed Ilschner Address: Collier County Water/Sewer District 3301 Tamiami Trail Building H Naples, Florida 34112 Telephone No: (Area Code) Fax No: (Area Code) (941) 732-2575 (941) 732-2526 Federal Employer Identification Number: 59-6000558 Project Title: North County Regional Wastewater Treatment Facility Contract C-I0757 Page 1 of 8 ----'----.- "--~- -- JAM 1 2 1999 This Agreement is entered into between "the Parties", the South Florida Water Management District, (the "District"), and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 . TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Construction start date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 . COMPENSA TION/CONSIDERA TION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one. Such amount is a fixed amount and therefore, no additional consideration shall be authorized. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder. including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A." 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Attachment "A." ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Attachment "A" of this Agreement. The Recipient's invoice shall reference the District's Application Number and shall be sent t~ the Project Manager at the address stated on the first page of the Agreement. The Recipient shall not submit an invoice to any other address at the District. Contract C-l 0757 Page 2 of 8 -.._-- ,- JAN 1 2 1999 4.2 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.3 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project and the MlWBE utilization plan applicable to the construction of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion and provide an updated M/WBE utilization report indicating the MlWBE firms used on the Project. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A, attached hereto to this Agreement. 4.4 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 . PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (project Manager's Name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Application Number. ARTICLE 6. TERMINATION/REMEDIES 6.1 If either Party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other Party shall have the right to terminate this Agreement by giving written notice of any deficiency. The Party in default shall then have ten (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-defaulting Party shall have the option to terminate this Agreement at the expiration of the ten (10) daytime period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. Contract C-10757 Page 3 of 8 - JAM 1 2 1999 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justifiable in federal court. Contract C-10757 Page 4 of 8 _.~._~,._. ,. - JAN 1 2 1999 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - YEAR 2000 COMPLIANCE 9.1 In the event that the Recipient's performance, as required by this Agreement, involves the use and/or delivery of a software and/or hardware product of any kind, the following language shall apply: The Recipient represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represent or reference multiple centuries. 9.2 Without limiting the generality of the foregoing, the Recipient further represents and warrants: (1) That the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represent or reference multiple centuries. (2) That the software, firmware and/or hardware has been designed to ensure Year 2000 Compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century. (3) That the software, firmware and/or hardware include Year 2000 capabilities. For the purposes of this Agreement, Year 2000 Capabilities means the software, firmware and/or hardware: (i) will manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provides that all date-related user interface functionalities and data fields include the indication of century. 9.3 Included as part of this Year 2000 Compliance Warranty, the Recipient shall provide to the District, at no additional charge, (i) fixes, corrections and updates to the software that are necessary to ensure Year 2000 Capabilities, as defined herein; (ii) advice, consultation and assistance to use the software and/or hardware and diagnose and correct Year 2000 Capability problems that may exist with the software and/or hardware; and (iii) if deemed necessary by the District, replacement hardware which is compliant with this Year 2000 Compliance Warranty. Contract C-I0757 Page 5 of 8 -- ~'-'.~.--- ---.-".. -- JAN 1 2 1999 9.4 In the event fixes, corrections and updates of the software are not technically feasible, and this Agreement involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind, the Recipient shall accept the return of the software and/or hardware if this warranty is breached, and terminate any and all applicable Schedules. Further, the Recipient shall refund to the District the full amount of the License Fee actually paid to the Recipient for the software; and in the case of hardware return, the Recipient shall refund to the District the full amount of the hardware actually paid to the Recipient by the District. In addition to the foregoing, the Recipient shall refund to the District all maintenance fees paid by the District, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the District. Notwithstanding any other provision in the Agreement to the contrary, the District hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages or equitable relief). 9.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Year 2000 Compliance Warranty shall survive the expiration or termination of this Agreement. ARTICLE 10 - INDEMNIFICATION AND INSURANCE 10.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities) For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 1O.2Thefollowing shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. ARTICLE 11 - M/WBE COMPLIANCE 11.1 The Recipient shall take all necessary and reasonable steps to achieve and maintain the M/WBE target for this Agreement, and ensure that minority-owned enterprises have the maximum opportunity to compete for and perform under the construction of the project. The Recipient shall submit a copy of the Final M/WBE Utilization Report with the final invoice. See Attachment "B". Contract C-I0757 Page 6 of 8 ~----,~~~- - --,._-~- -- JAM 1 2 1999 ARTICLE 12 . RELATIONSillP BETWEEN THE PARTIES 12.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 12.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 12.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 13 . GENERAL PROVISIONS 13.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 13.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 13.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 13.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 13.5 This Agreement may be amended only with the written approval of the Parties. 13.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shalf be binding upon the parties, their respective assigns, and successors in interest. Contract C-10757 Page 7 of 8 "-""-~" -...-..--..,-- - JAN 1 2 1999 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. Legal Form Approved SFWMD Office of Counsel SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ~ ~ BY ITS GOVERNING BOARD y: .~J? .1/r'4<' Date: 1l.'1- ,; By: Executive Director Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL, . SUBDIVISION OF THE STATE OF FLQRIDiC'" "';'" " AND AS EX-OFFICIO THE GOVE~ING . "<:; BOARD OF THE COLLIER COUNTY Recipient's Legal Name: WATER/SEWER DISTRICT , . ... .. By Authorized Official: '. Title: C l-l~"'l ~~ ,". '" .:;:.- ~. 1,. :J ", ~.i, .' - ,.\", :/: J J!, t I" " \ ~ .",\ Acceptance Date: /J/;../ ? :; , t Construction Project Start Date: . '\ 'j..1:' { "- I,.,., Approved as to form and , , OJ legal sufficiency. " ATTEST: '. .- ;Tq~ p~ DWIGHT E. BROCK, CL~!OC ,- - .ty! -;q'f;.~,q.jC~;<P.c? ~. ASSistant County Attorney /JI}.JJJs"_; ',,"" "'__,./. t 1i\'L~~if.;;.ti": ... A~test as to Cha irIDin '$ ", .,. slgnature onlJ. Contract C-10757 Page 8 of 8 ---," -- ,-. -.-- J ,- JAN 1 2 1999 I ATTACHMENT A DETAILED DESCRIPTION OF PROJECT J 1.0 Introduction J Aquifer Storage and Recovery (ASR) is a method of increasing the available water supply by storing excess water in underground aquifers, and recovering it when needed to satisfy peak demands. The - Collier County Utilities 201 Facilities plan has identified the need for 140 million gallons of treated wastewater storage in order to expand and maximize the effectiveness of the County's existing J wastewater reuse program. ASR provides the cost effective means to achieve these storage objectives for reclaimed water. . . Even with the extensive reuse program that Collier County has, during rainy periods when irrigation demand is low, excess treated wastewater must be disposed of using conventional facilities such as ~ percolation ponds and deep injection wells. However, with adequate seasonal storage reclaimed water can be used much more effectively; reducing irrigation withdrawals from surface or groundwater . systems during critical dry season periods and reducing loss of valuable freshwater resources. For these reasons, the use of ASR for storage of treated wastewater is consistent with the reuse goals and '" YI objectives of the South Florida Water Management District (SFWMD) Lower West Coast Water Supply Plan and the C~llier County Comprehensive Plan. Jo". \ . Collier County' has already committed funding and support to ASR technology. The Manatee Road facility in southern Collier County has completed ASR cyclical testing using treated potable water from the South County Regional Water Treatment Plant (SCR WTP). The proposed reuse ASR project would utilize treated wastewater from the North County Regional Wastewater Treatment Facility (NCRWWTF) located near lmmokalee Road and Airport Road. 2.0 Project Scope The scope of the project is to construct one (1) pilot ASR well and one (1) deep monitor well at the NCRWWTF. The project will create a facility for the storage and recovery of more than 140 million gallons of treated wastewater. It is anticipated that upon completion, the proposed well would accept injectate and recover water at a rate of 1.5 to 2.0 MGD. Injection would occur over a 90 to 120-day ATTACH,A A-1 , -- ~._^-,." - ~.- I -- JAN 1 21999 - ATTACHMENT A' DETAILED DESCRIPTION OF PROJECT ~ period during the wet season, or whenever excess wastewater was available. Recovery would take place - on an as-needed basis to increase dry season reclaimed water flows to County reuse customers. The scope of work is detailed in the Work Breakdown Structure (Section 3.0). . Design plans and contract specifications will be completed and test/construction permits will be obtained . prior to beginning work to be performed as part oftms project proposal. . The principal goals of the project are to: . Increase use of reclaimed water, . Decrease the loss of treated wastewater using traditional disposal methods, . Reduce dependence on freshwater aquifers to meet dry season irrigation demands, . Optimize County water treatment and wastewater facilities, and . Comply with Lower West Coast Water Supply Plan objectives. 3.0 Work Breakdown Structure 3.1 Description of Project Elements j..,,' . The pilot AS~ well will be completed with a 12-inch diameter casing to approximately 700 feet below . . land surface (Ols) and an open hole extending to approximately 750 feet. One single-zone monitor well will be completed to the same depths as the ASR well using 4-inch diameter PVC casing. Final depths will be determined from subsurface data obtained during well construction. The project will be comprised of the following construction elements: 1. Site preparation and drilling pad construction I 2. Pilot ASR well construction and testing 3. ASR monitor well construction 4. Submersible pumps purchase and installation 5. Injection/recovery transmission main construction 6. Instrumentation and controls ATTACH,A A-2 -. -.....,-..- ~ -.'.- ,-~ -.'~ ,-,.. ...-- n' .~" __' _ ___,.. ~- JAN 1 ? 1999 A IT ACHMENT A DETAILED DESCRIPTION OF PROJECT 7. Electrical controls installation 8. Miscellaneous site work Tasks required to complete the pilot ASR project are described below. Task 1 - Preconstruction Activities . Prepare specifications for pilot ASR well and monitor well. . Select contractor through competitive bidding. . Obtain required construction permits. Work Products: Bidding and Contract Documents for pilot ASR well and monitor well, construction permits. Deliverable: Approved construction permits, Contract Documents, Plans and Specifications. Task 2 - Preliminary Construction Activities . Review and evaluate contractor submittals. " . Clea.r'site and conduct surveying. ~ . Mob.ilize drilling equipment. . Install temporary utility services. . Construct drilling pad and install water table monitor wells. Work Products: Contractor submittals, equipment list, material and supplier's list, subcontractor's list, horizontal and vertical control, daily log (applicable to all tasks), mill certificates. Deliverable: Completed materials/equipment lists. , Task 3 - Proposed Sequence of Drilling and Testing of pilot ASR Test/monitor Well . Install 20-inch diameter pit casing to approximately 30 feet. . Drill 9-inch diameter pilot hole from land surface to approximately 400 feet using the rotary mud method. Conduct geophysical logging on pilot hole. ATTACH.A A-3 -,~ -._~--~._- --.- ~- JAN 1 2 1999 ATTACHMENT A DETAILED DESCRIPTION OF PROJECT . Ream nominal20-inch diameter hole from pit casing to approximately 400 feet. . Set and cement in place to land surface approximately 400 feet of 12-inch diameter Schedule 80 PV Ceasing. . Drill 9-inch diameter pilot hole from approximately 400 feet to approximately 1,000 feet using the reverse air drilling method. Perform open hole flow test and up to 5 single packer tests as determined by the well-site geologist. . Conduct geophysical logging and television survey of the completed borehole following pilot hole drilling and testing. . Backfill pilot hole to approximately 750 feet with cement. . Set and cement in place to land surface approximately 700 feet of 4-inch diameter Schedule 80 PVC casing. Cementing will be conducted in stages of less than 100 feet. . Perform temperature logs on each stage of cement and perform a pressure test on the final casing. . Drill a nominal 3 3/4-inch diameter borehole from approximately 700 feet to 750 feet below land surface. . Develop the open borehole and collect a water sample from the open zone. . Install temporary wellhead assembly, set up pump testing equipment and discharge piping, ," collect' background water level data and perform a preliminary pumping test. Collect water ~ samples for water quality analysis. . Install permanent wellhead equipment, piping, appurtenances, concrete pad and perform disinfection. . Demobilize equipment, clean and restore drilling site. Work Products: Lithologic samples, water samples, geophysical logs, video survey, geologist log, water quality analyses results, packer test data and interpretation results, instrument calibration data, cementing operations plan and records, casing installation tabulation, description/record drawings, well completion report, and drilling disposal plan and approval. I ] Deliverable: Installed and Tested ASR Monitor Well. IJ I I I II] ATTACH,A A-4 I' _._._-~.. --.-.----.-. ..- JAN 1 i 1999 ATTACHMENT A DETAILED DESCRIPTION OF PROJECT Task 4 - Proposed Sequence ofDrillin~ and Testin~ of pilot ASR InjectionlRecovery Well . Set and cement in place surface casing to approximately 50 feet. . Drill a 9-inch diameter pilot hole from land surface to approximately 700 feet using the rotary mud method. Perform geophysical logging. . Ream the pilot hole to a nominal 22-inch diameter borehole from land surface to 100 feet and to a nominal I8-inch diameter from 100 feet to approximately 700 feet. . Set and cement in place I2-inch diameter casing from approximately 700 feet to 100 feet coupled to I6-inch diameter casing from 100 feet to land surface. . Perform temperature logs on each stage of cement and perform a pressure test on the final casing. . Drill and core a 9-inch diameter pilot hole from approximately 700 feet to a total depth of approximately 750 feet using the reverse air drilling method. Collect up to 50 feet of conventional core as directed by the wellsite geologist. . Conduct geophysical logging and video survey of the completed pilot hole. . Ream pilot hole to nominal 12-inch diameter open hole. . Develop the open borehole, collect a water sample from the ASR zone, all as specified. . Install)emporary wellhead assembly, set up pwnp testing equipment and discharge piping, ,,~ .. . collect background water level data and perform a 72-hour aquifer performance test. Collect ",,- . wat~ samples for water quality analysis. . Install permanent wellhead equipment, piping, pwnp and pump column, instrumentation and appurtenances, concrete pad and perform disinfection. . Demobilize equipment, clean and restore drilling site. Work Products: Lithologic samples, geophysical logs, video survey, laboratory analyses, instrument I calibration data, cementing operations plan and records, casing installation tabulation, development and test records, inclination survey test results, final well description/record drawings, records required by -....... -.... law, well completion report, grout card and drilling waste disposal plan and approval. . Deliverable: Installed and Tested Pilot ASR Well. -- ATTACH.A A-5 -,,- , -~". ----'--."__0_-- ,- ~- JAN 1 2 1999 ATTACHMENT A DETAILED DESCRIPTION OF PROJECT Task 5 - Proposed Construction Sequence of Surface and Subsurface Facilities . Construct reclaimed water transmission piping and valves and above grade flanged piping and appurtenances. . Install pump in ASR well. . Make necessary filtration and cWorine feed modifications. . Relocation of system corrosion stabilizer injection location. . Install and test electrical/instrumentation. . Painting, restoration and cleanup. Work Products: Vertical and horizontal control, materials tabulation records, testing records, startup logs, and certifications. Deliverable: Completed Surface Facilities and Transmission Piping. Task 6 - Final Construction Documents . Prepare ~hop drawings and equipment information. . Prep&fe ~perations and maintenance manuals. . Condl.lct training on equipment operations and maintenance. . Certify preparation of operation and maintenance manuals. Work Products: Shop drawings, record drawings, one copy of operation & maintenance manual. Deliverable: Final Construction Documents. , .' 3.2 Description of Design A schematic diagram of the pilot ASR project wells are shown in Figure 1. The design includes the following: .. I i ATTACH.A A-6 -.-----.- .-.,-..-.,.- JAN 1 2'1999 ~- . ASR TESTI ASR TESTI MONITOR WELL INJECTION WELL 0 -24" DIAM. HOLE 20. DIAM. 0 STEEL CASING - 20" DIAM. 16" DIAM. STEEL CASING SCH 80 PVC 100 CASING -100 16"X12.~ NEAT CEMENT COUPLING GROUT 200 NEAT CEMENT -200 - ~ GROUT w - NOMINAL 20. w DIAM. HOLE u. - ~ 300 -300 if Q: 12" DIAM. => SCH 80 PVC en CASING c Z 400 -400 :s ;!: 4" DIAM. a ...J 80 PVC CASING w aJ500 16" DIAM. -soo :I: ~ BOREHOLE 0- 8. DIAM. w c BOREHOLE 600 12" DIAM. -600 -' NEAT CEMENT SCH. 80 j.... GROUT CASING ~, ~. 700 -700 OPEN HOLE NOM. 12" DIAM. OPEN HOLE l,...y.".. 800 f- 800 - 8" DIAM. BOREHOLE 900 I -900 NEAT CEMENT GROUT 1000 --1000 MQ MlSSIMEA Pro Name: Collier Countyi NCRWWTP Groundwater and INTEANATIONAl. IIIC: Pro No.FH7-648 OWG NoASRT1 Olt.: 3/5/98 Environmental Services FIGURE 1. SCHEMATIC DIAGRAM OF PROPOSED ASR TEST WELLS --.--"- --_.-." JAN 1 2 1999 -- I' i ATTACHMENT A DETAILED DESCRIPTION OF PROJECT . . One 12-inch diameter injection well cased to approximately 700 feet below land surface, and an . open hole injection/recovery zone from approximately 700 to approximately 750 feet. . One 4-inch monitor well cased to approximately 700 feet below land surface, and an open hole . monitor zone from approximately 700 to 750 feet. . The ASR pilot project is designed to obtain site-specific hydrogeologic and water quality data in order to identify and select an optimum storage interval. Discreet interval hydraulic testing will be conducted during drilling of the deep test/monitor well. The primary objectives will be to determine the transmissivities of the storage zone and the confming characteristics of the zones above and below the storage zone. Final completion depths for the ASR well will be determined following review and interpretation of data collected during construction of the monitor well pilot hole. The deep test/monitor well will subsequently be used as an observation well for an aquifer performance test, and a monitor well for the storage interval during operational testing of the ASR well. 3.3 Project Justification and Cost/Benefit Estimates This project !s.j-ustified because of the opportunity to conserve significant quantities of fresh water and I, to reduce the... ampunt of effluent being lost through conventional disposal methods. During the wet season or other rainy periods, treated wastewater frequently goes unused. With adequate storage available, this excess water would be available for beneficial use during the dry season. The storage of wet season effluent for use during the dry season will also relieve demands on potable aquifers during the dry season. An analysis was performed to compare the capital cost of ASR versus the cost of conventional water storage. The comparison indicated that ASR is more economic than conventional storage. Other cost/benefit opportunities can be obtained through ASR implementation by minimizing and delaying future water supply wellfield and treatment plant expansion to meet future de~ands. The cost benefit ATTACH.A A-7 ~-"'- -"---- - JAN 1 2 1999 A TTACHMENT A DETAILED DESCRIPTION OF PROJECT I for construction of the proposed ASR system is a savings between $2.5 to $3.0 million to the utility I customers. J 3.4 Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing I the following: . A means to meet future irrigation water demands by utilizing existing WWTP facilities. I . Effective management of existing water resources including the ability to: I - maintain wellfield safe yield - enhance wet season production I - reduce aquifer stress during the dry season - minimize potential advancement of saltwater intrusion I . Reduce or delay the need for future wellfield expansion. ,~ . Support regional water management strategies. II 4.0 LOGJo~tion of the Project II ~~~ . .... - 11 The project is'located at the NCRWWTF in Collier County. Figure 2 is a project location map. The injection well and monitor well will be installed on the treatment plant site owned by Collier County. II Adequate space and right-of-way is available to construct the project. II 5.0 Deliverable and Payment Schedule I] Table 1 provides a detailed project schedule and payment amounts. The project is estimated to be completed in 12 months. Preconstruction activities will commence in October 1998 with all 11 construction completed by September 30, 1999. II )1 ATTACH,A A-a _'0 "-~~ "'.-. - JAM 1 2 1999 ATTACHMENT "B" M1WBE Utilization Plan . Schedule of SubcontractorlMinority Business Enterprise (MIWBE) Participation . Final M1WBE Utilization Report -, .--- -.... -~--- - JAM 1 2 1999 MIINBE UTILlZA TION PLAN Collier County will make a good faith effort to meet the District's 17% Minority and Women ~ Business Enterprise (M/WBE), Participation Goal. - . This project will utilize the District's MlWBE program and Collier County's program with a I 17% utilization goal. Collier County Or4iRanee8 are atta'ilaea. ! I I , I., ~ '.... -- - -~--- ----.,,_.- w."____.__ --~.- Z I I :1~!~IIIIIIII:!:~~:~!1 i I! l U u, Q .. i ; Tl l~ttW:l 1 I- .' I ! I - ,- <( !Iii I ! I'- I ~ JAN 1 2 1 'Wi ~ .'~;m~I" I ' ,- tl c Ill::; I i$ c::: >.;! ! I II! · I III! :E p,..' ' ,- i h ~ j' lII" rn Ill"''' 0.. -..:t~,' . . -~. Jj:; <!. 5...' ' ' 0... J.p" . . w.~' w'W .1. 0 11 . '.. ! ~ .. l-t--+-.----+--111i! 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"_ ,,' '" "", c - ," ., '" I 1,,- (J"- 1_ _1(1) January 12, 1999 Item#16B9 AWARD BID #98-2878 TO J J BAKER ENTERPRISES FOR EMERGENCY & SCHEDULED SEWAGE HAULING Item #16B1O APPROVE AMENDMENT SIX TO THE PROFESSIONAL SERVICES AGREEMENT WITH METCALF & EDDY FOR PROFESSIONAL ENGINEERING SERVICES FOR THE NCRWTP 8- MGD EXPANSION, CONTRACT #95-2323 Page 138 ----" ..'.--.--- JAM 1 2 1999 NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION AMENDMENT SIX (6) TO PROFESSIONAL SERVICES AGREEMENT This Amendment Six (6) to the Agreement dated April 11, 1995 (hereinafter "AGREEMENT") is made and entered into this /dP day of ~ ,19a. by and between the Board - of County Commissioners for Collier County, F orida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose new business address is 3740 Executive Way, Miramar, Florida 33025 (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 NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: -- -,_. -~... . -. ~ '. '-.'--. - ,,_.~ ,,,. --- . JAN 1 2 1999 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Services", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. -- - --.-.-- ~. ~_._.._'" JAM 1 2 1999 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA A POLITICAL SUBDIVISION OF THE .........;....!/I;" . " . !, ' STATE OF FLORIDA AND AS EX-OFFICIO' 1/, rut. hL' . . .t..j' .. THE GOVERNING BOARD OF THE COLLIER -< '-';;,: COUNTY WATER-SEWER DISTRICT' " / ~;. .. .', ~.,.... T_ -,,' , ,-' .. ~.. '"",', .-..,~ . . . ..:, , . :~BY':'~~~~-~ By: ~ , .~ ...., ...... ",>" '<" 'DwightE: BroCK, Clerk Ba ara~~~ ~"""""'" ~!) 1 r '} 1 ~:,',~ . Attest as to 'Cha irman' s 11t,..,/ ~ signature only. Approved as to form and legal Sufficiency: C?~' ~.a??: Assistant County Attorney Metcalf & Eddy, Inc. ~~,-'/~~ ltness ~ ~ ~~ (Corporate Seal) Witness JAN 1 2 1999 " -, l' ,. r r , ~ji AQUAAWANa -98 NOU 19 PPi 2 ~O November 12, 1998 Sc.'rl~\JL.e A Mr. Karl Boyer Collier County Government Center Public Works Engineering 3301 E. Tamiami Trail Naples, FL 34112 Subj ect: North County Regional Water Treatment Facility (NCRWTP) 8 mgd Expansion Engineering Services Agreement - Budget Modifications Dear Mr. Boyer: Metcalf & Eddy has expended significant funds to support tasks beyond the original scope of our agreement. We have attempted to budget our funds to stay within the original contract limits. However, several factors threaten to put our cost over the budget. Weare requesting that the existing funds be rebudgeted to cover our increased costs, to avoid delays in response to the urgent needs of this project, and to reduce concerns about out-of-scope work As you are aware, the construction project for the North County Regional Water Treatment Plant will extend as much as six months beyond the original completion date. Our unit billing rates have not been adjusted since the original agreement in April, 1995. In addition, we have undertaken a series of consultations in support of the County that are outside of our scope. In an effort to reduce our administrative costs, and to avoid a contract amendment for time extension and increased expenditures, Metcalf & Eddy is requesting that its engineering services budget be modified without increasing the total allocation. We propose the following adjustments: 1. Move task A 10.3 Record Drawings from reimbursable services to Lump Sum Services. Move the remaining funds in tasks A 8 and A 9 to this task. 2. Dedicate a lump sum for consultation during construction that will accommodate any additional non-design tasks related to the WTP expansion. We request that a budget of $32,000 be moved from Task A. 10.8 Other Services to Task A.6 Construction Contract Administration for this purpose. This would allow for Metcalf & Eddy, Inc. 01201 Peacthtree Street, NE an affiliate of OSuite 400 ~ . ViVf~ui . OAtlanta, Georgia 30361 Voice: (404) 881-8010 Fax: (404) 872-3161 -- "- -...-----. I' I ~ I, I . (/11:-1,' OF( 1 C) , (1 H 1 ?: ] r1 c JAN 1 2 1999 Mr. Karl Boyer November 12, 1998 Page 2 additional trips to the site and inveE;tjgation~ in support of related project issues. We will invoice these services in eight monthly amounts of$4,OOO~ starti~ in November 1998. 3. Assign a billing rate of$12J per hour fin Nick Cooper, Projt(;t Manager. With these modifications, the schedule of fees would be as shown in the revised Schedule B, enclosed We would accept this budget modification for all non-design related services through the current project completion date of June 21. r 9QQ Please contact me if you have any questions or romment~ Sincerely, METCALF & EDDY, INC - fJ~. Nicholas B. 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'ii- ~ . _ 1- - !~ - ~ ~ ~ t--: ~ @ :a ~- ~ - 1- ~ ~ 0 =~:~ ~!~ I? ~ ~ I'~ ~ I~ ~,~ ~ ~ ~ ;~~ ~ '~ ~ ~ ~ fIj I! ! ! 1 j i5 . I' 0 I I Ii! 1 t u.J ~ 8 ~ ~ 2 [I ~ ! ~ ! ~ ~ 1 E' Ii 8, ~ i ~ 1; 81 ~ 8 1- 8 ~ 8 ~ 8 ~ :! I' I I (,)~ ~' I' ...~ OJ! I Iii I ~- I 1!'1 1 1 r ] I u_ .- n . -- -- , . ~ n.... Ie.. .. ~ I'" II_ ... _ _ 0 I~ "'1'''' ... lID lit .... - CD 0 -- N ~~ E I ~ ~ ~ ~ - ~ - - ~ - N ft N ~~ j ,i, j ___ _ IL. (;kj~' !')U,i t>c: t> I 86. ~ I =:lJO - ~" _.,_._._~._----. January 12, 1999 Item #16B11 CHANGE ORDER NO. 12 TO MILMIR CONSTRUCTION, INC. FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT EXPANSION, BID 97-2690R, PROJECT 70828/70859 Page 139 JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 . -""'-"_'_'_._rn"",.."n'~"H'_ January 12, 1999 Item #16Cl SIX MONTH EXTENSION UNTIL MAY 9, 1999, FOR THE PARK IMPACT FEE STUDY AGREEMENT, CONTRACT #97-2742 WITH HENDERSON, YOUNG & COMPANY Item #16C2 AWARD THE DEVELOPMENT AND DESIGN CONTRACT FOR THE NORTH REGIONAL LIBRARY TO THE ARCHITECTURAL FIRM OF BARANY, SCHMITT, WEAVER AND PARTNERS, INC. Item #16C3 REAPPOINTING DR. MARTA U COBURN AS THE DISTRICT 20 MEDICAL EXAMINER Page 140 . - MEDICAL EXAMINERS COMMISSION JAN 1 2 1999 Recommendation For Reappointment District 20 Medical Examiner Dr. Marta U. Coburn Favorable X - Unfavorable - If Favorable, please give suggestions for improvement. If Unfavorable, please give reasons for negative response. .1',,-, There is no real suggestion for improvement. Dr. Cobum manages herself an,d her office ~ a very professional manner. She works closely with all local law enforcement agencies. meeting monthly with homicide investigators, participating in mock disaster preparedness drills and even volunteering for the County's telephone bank during recent hurricanes: She assisted the County immeasurably in the design and construction of the County's new Medical Examiner's Facility. Her staff participates in County-provided training, she attends and participates in regular County administrative meetings and she has provided secure computer connections from her off-campus facility to the County to allow for easy information sharing. Her bilingual abilities, quality medical training, and outstanding people skills make her an ideal Medical Examiner for the Collier County area. We would strongly recommend that the Govemor not consider any other candidates at this time and reappoint Dr. Marta U. Cobum to continue on as the District 20 Medical Examiner. Completed BV: ~ ~ f1 ~ Signature: ~~~ . ~ Date: . Please Print: Barbara B. Berry, Chairman Ie Collier County Board of County Commissioners Form Sent To: Approved as to form and Chairperson legal sufficiency Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 . . \ ~.. .\~ If t l,. i,. - ,,' ~.: '" ':, .'~ ,::.";'~ ~~. f:> _"', ATTEST: ' ',', ..~~ Please Return Form To: DWIGHT E. - '. - Dale H. Heideman .. Forensic Coordinator A (l'>i-"'''.. "0" ". ~. Florida Dept. Of Law Enforcement '";5~:a~ ~.O \. air-ri's Post Office Box 1489 Ifgna4t&lre..r;~1J.' ,,' . . . Tallahassee, FL 32302 ,,' '. ,\ , , f j : t ~ I t 1 , ~ -- ' -,-- -,---," January 12, 1999 Item #16Dl AWARD BID NO. 98-2879 TO E B SIMMONDS AS PRIMARY AND S W ELECTRIC AS SECONDARY FOR ON-CALL ELECTRICAL REPAIRS AND NEW INSTALLATION Item #16D2 RESOLUTION 99-55 RE LICENSE AGREEMENTS FOR SPECIAL EVENTS ON COUNTY- OWNED PROPERTY FOR THE 1999 CALENDAR YEAR Page 141 -- ~'-'--- RESOLUTION NO. 99 - ~ ! A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, JAN 1 2 1999 COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF LIMITED USE LICENSE AGREEMENTS BY THE CHAIRMAN OF THE BOARD FOR THE 1999 CALENDAR YEAR. WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Limited Use License Agreements are expedited, while maintaining the safeguards of staff and legal counsel review of such Agreements; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Limited Use License Agreements. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Limited Use Agreements, for those special events listed below, following approval by the Real Property Management Department, the Client-Department, the Risk Management Department and the County Attorney's Office. - Golden Gate Area Chamber of Commerce, Inc. (Golden Gate Festival and Annual Art Show) - Golden Gate Rotary Club (Christmas Tree Sales & Bass Tournament) - The Art League of Marco Island, Inc. (Art and Craft Shows) - Supervisor of Elections of Collier County, Florida (Voter Access) - Golden Gate Fraternal Order of Eagles (Annual Taste of Golden Gate) - Amateur Radio Association of Southwest Florida (Field Day Activities) - East Naples Civic Association (Manatee Festival) - David Lawrence Mental Health Center, Inc. (Annual Fun Skate) - Cool Cruisers of Naples, Inc. (Scholarship Fund Raiser) - Octagon Sequence of Eight, Inc. (Arts and Crafts Show) 2. The authorization of the Chairman to execute Limited Use License Agreements hereunder shall extend only for the 1999 calendar year. Thi~, Resolution adopted this I ~ -<<. day of ~...~( ...y , 1999, after motion, second and majority'vote. " " (, .."",,' t '''~ r :" :::: ATTEST - BOARD OF COUNTY COMMISSIONERS -. . ...... ,DWIGHT E~BROCK, Clerk COLLIER COUNTY, FLORIDA . ~'~", ..~.~ ".~"., ~ " f~ BY: ~~""-~~ ~ ~4:/.'~~r~ -/ E 111 e HOfftna n, Deputy Clerk Chairman Attest IS to ChairMan's signature only. Approved as to form and leg sufficiency: t~ eidi F. Ashton Assistant County Attorney January 12, 1999 Item #16D3 RESOLUTIONS 99-56 THROUGH 99-58 RE THE COUNTY'S LAND RIGHTS ACQUISITION PROGRAM Page 142 M__._'_' JAM \ 2 '999 RESOLUTION NO. 99- 56 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision ofthe State of Florida, and in addition is ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and WHEREAS, various interests in real property must be conveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier County ordinances, in fulfillment of obligations which may now or in the future be contained in agreements between Collier County and any legal entity, and as an integral part of capital improvement projects; and WHEREAS, the formal acceptance by Collier County of such required conveyances is important in that infrastructure maintenance responsibilities are thereby established, and the public right to utilize rights-of-way becomes documented through such acceptance; and WHEREAS, the growth ofthe County necessitates an increasing number of such conveyances year after year; and WHEREAS, the number of conveyances has caused County staff to bring an increasing number of separate "acceptances" before the Board of County Commissioners via Executive Summary and Resolution; and WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time and paperwork which is generated by the formalized acceptance process. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed either to Collier County, a political subdivision ofthe State of Florida, or to the Board of County Commissioners as the governing body of Callier County, Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, and which are conveyed to either entity as a development commitment requirement pursuant to any County ordinance, or in fulfillment of any obligation which may now or in the future be contained in any agreement between Collier County and any other legal entity, or which are required as an indispensable function during the completion of a capital project which has been approved by the Board of County Commissioners, are hereby accepted. Page 1 JAM 1 2 1999 AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby authorized to affix to any such conveyance instrument, prior to recording in the Public Records of Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County. The Real Property Management Director, or her designee, shall provide written notification to the Clerk of Court that the conveyance was required by the Board of County Commissioners in fulfillment of an obligation on behalf of the conveying entity or to complete project as approved. AND IT IS FURTHER RESOLVED that the calendar year 1999 Chairman of the Board of County Commissioners, or any subsequent Chairman, is hereby authorized to execute all documents pertinent to the acceptance of any such conveyance or the clearing of the lien of any encumbrance from any such conveyance. AND IT IS FURTHER RESOLVED that staff is authorized to follow proper real estate closing procedures and record all such documents in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED on this~ day of ~ , 1999 after motion, second / and majority vote. , ;' i 'j' : ATTEST: , . - " ...., BOARD OF COUNTY COMMISSIONERS OF .DWIGHT E. BROCl(, CLERK COLLIER COUNTY, FLORIDA .~ BY:~~I.\., ~, f\~ Jr-' ?:;~ .,--J / ,., 't .... _~.l." \~ , . i" " , eputy Clerk Attest as to Chainaan's signature oolJ. Approved as to form and lega sufficiency A eidi F. Ashton Assistant County Attorney Page 2 JAN 1 2 1999 : RESOLUTION NO. 99- 57 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE ACQUISITION OF PROPERTIES, DELEGATING AUTHORITY TO THE CALENDAR YEAR 1999 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN DOCUMENTS INCIDENT TO PROPERTIES ACQUISITION ON BEHALF OF THE BOARD, AUTHORIZING STAFF TO PROCEED WITH CERTAIN ACTIVITIES REQUIRED TO EXPEDITE SAID PROPERTY ACQUISITION, AND WAIVING CERTAIN PROCEDURAL REQUIREMENTS IN ACCORDANCE WITH THE CAPITAL IMPROVEMENT ELEMENT OF THE COUNTY'S GROWTH MANAGEMENT PLAN. WHEREAS, the expeditious acquisition of property is of paramount importance to the timely completion of many capital improvement projects, and attaining infrastructure goals in accordance with the Capital Improvement Element of the County's Growth Management Plan; and WHEREAS, accomplishing the property acquisition and construction on or ahead of schedule shall require a properly coordinated team effort among the individual departments and agencies charged with overall responsibility for the projects, the Public Works Engineering Department, the Real Property Management Department, the Office of the County Attorney, and the Board of County Commissioners, wherein certain routine processes require streamlining and abbreviation wherever possible. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners of Collier County, Florida, recognizes the importance of completing the various capital improvements projects at the earliest possible time; and further, the Board recognizes the relationship of the project schedule to meeting the concurrency requirements of Collier County's Comprehensive Plan. AND IT IS FURTHER RESOLVED that the Board of County Commissioners of Collier County, Florida, recognizes the importance of the land rights acquisition function and its relationship to the overall project schedule; and the Board desires to facilitate and expedite the land rights acquisition process to the extent that it is empowered to do so by law. AND IT IS FURTHER RESOLVED that the following measures are reasonably necessary for the efficient and expeditious management and completion of capital projects: 1. The Board of County Commissioners, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of Page 1 . JAN 1 2 1999 I , the independent appraisal report, staffis hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates", i.e., based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 2. The Chairman of the Board of County Commissioners is hereby authorized to execute Appraisal Agreements on behalf ofthe Board with appraisal firm(s) from the pre-qualified short-list which, based upon the analysis and recommendation of staff, is (are) best able to serve the needs of the project in a timely and cost-effective manner. 3. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby encouraged to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements and/or deeds, and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board of County Commissioners hereby authorizes its Chairman and any subsequent Chairman, for the life of the project, to execute any and all agreements and other legal instruments pertinent to such property acquisition which have been reviewed and approved by the County Attorney's Office. 4. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Public Works Administrator, or his designee, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the project, within the pro-rata share ofthe land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and the staff compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. This settlement approval authority is delegated by the Board of County Commissioners to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. Page 2 . JAN 1 2 1999 I , 5. The Chairman of the Board of County Commissioners is hereby authorized to execute Purchase Agreements and Easement Agreements where the land owner has agreed to sell the required land rights to the County at their appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 6. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner ofthose easements and/or deeds, and such other legal documents as the Office of the County Attorney may have required, the Board hereby authorizes 1) the County Attorney, or his designee, the authority to execute a closing statement on behalf ofthe Board, and 2) the Finance Department the authority to issue warrants payable to the property owner(s) of record in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with the provisions of Chapter 125.355, Florida Statutes. 7. All title to properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record it in the public records of Collier County, Florida, said deeds and such other instruments as may be required to remove the lien of any encumbrance from the acquired property. THIS RESOLUTION ADOPTED this~day of r ' 1999 after motion, second and " majority 'Vote.. ' , . ~~ ATTEST: (, BOARD OF COUNTY COMMISSIONERS / k D~GHTE.BROCK,CLERK OF COLLIER COUNTY, FLORIDA , ' . By: ~~-R~~ :Jr-:~ , ')/,: ',' ': , Deputy Clerk Attest I~\to' Chain.an's signature onlJ. Approved as to form and legal sufficiency: tk ri N{rL~ Heidi F. Ashton Assistant County Attorney Page 3 : JAN 1 2 1999 RESOLUTION NO. 99- 58 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL PROPERTY IS THE PREFERRED INTEREST SOUGHT FOR THE ACQUISITION OF RIGHT-OF-WAY FOR TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS, AND SETTING FORTH THE RATIONALE THEREFORE. WHEREAS, the construction of transportation improvements, as identified in the Transportation Element of the Comprehensive Plan for Collier County, shall in many instances require the acquisition of a right-of-way by either gift, purchase or condemnation; and WHEREAS, the right-of-way for transportation improvements may be purchased or condemned either as an easement over, under, upon and across the land; or the fee simple interest in the land itself may be purchased or condemned; and WHEREAS, full compensation, as required by the Constitution of the State of Florida, for the easement rights purchased or condemned for transportation improvements is tantamount to the full compensation required for the purchase or condemnation of the fee simple estate in property (between 90% and 100% of the fair market value of the lands so appropriated, depending upon the property's zoning and the appraiser's judgment); and WHEREAS, the purchase or condemnation of the full fee simple estate in lands required for near term transportation improvements provides the County with a degree of control over the right-of-way which is superior to the control afforded by an easement only, and which, in many instances, may produce cost savings on future public works improvement projects by gaining the maximum flexibility over the uses permitted in the right-of-way so acquired. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERSOF COLLIER COUNTY, FLORIDA that in consideration oflong range planning and present day costs for transportation improvement projects, and in the interest of exercising the maximum degree of control over the public road right-of-way which may allow the County to realize substantial savings by locating future public works projects within the acquired area, County staff is hereby directed to purchase or condemn a transportation road right-of-way in fee simple as the preferred method of exercising maximum control over the right-of-way in order to construct any anticipated capital improvement projects. Page 1 . JAN 1 2 1999 : AND IT IS FURTHER RESOLVED that in those instances in which the purchase of a full fee simple estate cannot be negotiated by County staff, and the costs associated with a condemnation of the full fee simple estate may outweigh the future benefits contemplated by full County ownership of the right-of-way, and when the owner of the property is willing to convey a perpetual, "non-exclusive", road right-of-way easement over, under, upon and across the property in compliance with the requirements of the transportation improvements, along with the right to construct and install subordinate utility and drainage improvements, together with access and temporary construction easements, County staff is directed to negotiate a reasonable settlement for the purchase of said "non-exclusive" easement, subject to Board approval, in lieu of proceeding with an action in eminent domain against the subject property. AND IT IS FURTHER RESOLVED that, notwithstanding the future benefits to be derived by the County arising from a fee simple acquisition of the public right-of-way, there exists those circumstances where the severance damages to remaining lands, as a result of the taking of the fee simple estate for the transportation project, is of such an extent as to warrant the purchase or condemnation of a lesser estate in the form of an easement interest in order to mitigate or eliminate such damages; and in such instances County staff is hereby directed to undertake such analyses of future benefits vs. current costs as are relevant to the determination as to the specific interest in real property the County should acquire for the instant project, and County staff may make such purchase offers, or prepare such pleadings in eminent domain, as may be necessary to mitigate or eliminate severance damages, and reduce total project cost. THIS RESOLUTION ADOPTED this~day of r- ' 1999, after motion, second and majority vote. ./ ATTEST: '" BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK; CLERK OF COLLIER COUNTY, FLORIDA '4 BY:~~~ ~~ '4: ~IP"" ~ '. ' . .- ~'~' Deputy Clerk Attest IS t' ' rman sfgnat 0 Chafrman's ure on)]. Approved for form and legal sufficiency d JC\1d( A YlLl, --> Heidi F. Ashton Assistant County Attorney Page 2 January 12, 1999 Item #16D4 AWARD BID #98-2895 TO AIR MECHANICAL & SERVICE AS PRIMARY, FUTURE CONTROLS INC. AND B & I CONTRACTORS, INC. AS SECONDARY, AND ADVANCED AIR REFRIGERATION INC. AS THIRD VENDOR FOR REPAIR, MAINTENANCE AND INSTALLATION OF HVAC EQUIPMENT Item #16D5 AWARD BID #98-2897 TO WAYNE WILES CARPETS FOR INSTALLATION OF CARPET TILES Item #16D6 RESCINDING RFP 98-2825 "TIME AND ATTENDANCE SOFTWARE/HARDWARE APPLICATION" Item #16D7 REJECTION OF BID #98-2876 FOR PURCHASE OF PROTECTIVE FOOTWEAR AND REQUEST TO UTILIZE DADE COUNTY BID #1802-2/99-1 AWARDING BID TO LEHIGH SAFETY SHOES, INC Item #16D8 SUNLIFE OF CANADA AS THE COUNTY'S BASIC GROUP TERM LIFE AND ACCIDENTAL DEATH INSURANCE COVERAGE EFFECTIVE JANUARY 1, 1999 Item #16D9 RESOLUTION 99-59 RE DEED TO RIGHT OF INTERMENT FOR LAKE TRAFFORD MEMORIAL GARDENS CEMETERY Page 143 " -----..- ~ "..-~.- : RESOLUTION NO. 99-~ JAN 1 2 1999 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEEDS AND AGREEMENTS FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 1999 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21,1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17 , 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990, which revises the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deeds and Agreements for Deed to Right of Interment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 90-242 dated May 1, 1990, and the County's administration of that Resolution, whereupon the Deeds and Agreements for Deed to Right of Interment have been previously reviewed and approved by the Real Property Management Department and the County Attorney's Office. 2. The authorization of the Chairman to execute the Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 1999 calendar year. , ~ . ;'". fi F; tThis Resolution adopted this /~ayof ~...Y , 1999, after motion, second and ,. . - majority vote. ',~ '---- ~., 1o' . . ," o . . r,' t. ,.' ~ . . ..~ -, . ;J ~ ~ '. ATTE?T:/ --' .. :::. QWIGHT E B~bC~Clerk ~ .~; ,'. BY:y~~J~ /,4.- ',-:" . \ " - "", Deputy Clerk ',~ \ Attest as to Chafnlan's s1gnature onI/_ Approved as to form and ~al SUffic;e~c~ lAir. d L.- eidit=. shton Assistant County Attorney January 12, 1999 Item #16D10 RESOLUTION 99-60 RE PURCHASE AGREEMENT AND STATUTORY DEEDS FOR THE GAC LAND SALES Page 144 _._---~--,_._...,.,....._-"'...__........~---,,-- : JAN 1 2 1999 RESOLUTION NO. 99- 60 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR THE 1999 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on AprilS, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Real Property Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Real Property Management Department, the Finance Department and the County Attorney. 2. The authorization of the Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 1999 calendar year. " .I " i, ;This R~so~ution adopted this /4-.-;t:Z; day of r<4~ ' 1999, after motion, " second ~q..maJonty vote. ((.,. 'ATTEST:'- c' BOARD OF COUNTY COMMISSIONERS . . DWIGHT E. :BROCK, Clerk COLLIER COUNTY, FLORIDA 'BY:' ~~~#A"4'-./ BY:~~~~~ '. \ , ,'" ' Deputy Clerk Attest\as to Chairllln's signature onlJ. Approved as to form and legal sufficiency: lkd( j ~- ~ Heidi F. Ashton Assistant County Attorney January 12, 1999 Item #16D11 AMEND NOAA WEATHER RADIO TRANSMITTER AGREEMENT BETWEEN COLLIER COUNTY AND CROWN BROADCAST Page 145 "-,,"-,".- . . H . JAN 1 2 1999 t . I AMENDMENT TO AGREEMENT OF SEPTEMBER 22, 1998 BETWEEN COLLIER COUNTY FLORIDA AND CROWN BROADCAST AMENDMENT #1 This amendment, dated~..JJI-~ I 199t.fto the referenced agreement shall be by and between the parties to t e originai agreement, Crown Broadcast, a division of Crown International (to be referred to as "the Seller") and Collier County, Florida, (to be referred to as "the Buyer"). The Agreement of September 22, 1998 is hereby amended to read as set forth. Additions to existing language are shown in italics. Deletions to existing language are shown as struok through: 10. The Buyer shall pay the Seller in accordance with the price quotation of September 6, 1998, attached and made part of this amendment and agreement. The transmitter price listed therein is firm. Unit prices for optional components and installation services shall be based upon firm unit prices and estimated quantities as itemized in the quotation. 11. Payment terms shall be 30% INith order, 60% at timo of transmitter shipment and 10% net 30 days after shipment of transmitter receipt of a proper invoice and installation and acceptance of the work for each of the following stages: a. Optional Components and Installation Services for the interim transmitter unit. b. Dual Transmitter unit and related travel services (the latter of which shall not exceed $2,000). c. The total of the payments under this agreement shall not exceed $63.505.29 without the prior approval of the Buyer. 12. The Seller shall furnish to the Buyer Certificates of Insurance and Performanoe and Payment Bonds on the forms presoribed by the Collier County Purohasing Department. Said doouments will be provided not later than Friday, September 25, 1998. All other terms and conditions of the Agreement of September 22, 1998 shall remain in force. Page 1 of 2 .--- ..---..--- . . . . . JAN 1 2 1999 I , IN WITNESS WHEREOF, the Buyer and the Seller, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. /!!. ," "'t. '1"',. " "-/~ . BUYER: , BOARD OF COUNTY COMMISSIONERS r.... ". ATTEST:, ',' c'. COLLIER COUNTY, FLORIDA .' , 'f~ , ':: Dwight E. Brock, Clerk of Courts BY:~~~~ :':~BY: '~~id/fr ~J-/ AJ,.(l, " q~Jed,:~,,~~~/~~S1}1 Ba ra B. Berry, C airma ..' .' "" Attest ~~~Lthafnlan's signature only_ SELLER: CROWN BROADCAST ~ 4~~ (!/~~ By: ~~ First ness ignature) r Jo C- :::r; ~ ~ e c \-.5 \: (, \-.\-~r cfO Print/type Witness (Printed Name and Title) U Date: ~ ^ \ J 0 \ '\ 8 Sf"'; ;I1c.. Dtftll€ L- CORPORATE SEAL Print/type Witness Name (corporations only) Approved as to form and legal sufficiency: ~~f' County Attorney Page 2 of 2 12/28/98 ._----. ---,---- ----.--- -- January 12, 1999 Item #16D12 AWARD RFP #98-2929 TO KRAFT CONSTRUCTION COMPANY, INC. FOR THE CONSTRUCTION OF THE 4TH FLOOR OF THE COURTHOUSE AND THE IMMOKALEE AND NAPLES JAIL FACILITIES Item #16D13 AWARD RFP #98-2867 TO V GROUP OF FLORIDA, INC. FOR THE DESIGN OF THE 4TH FLOOR OF THE COURTHOUSE AND THE IMMOKALEE AND NAPLES JAIL FACILITIES - IN THE NOT TO EXCEED AMOUNT OF $172,468.00 Item #16D14 - WITHDRAWN A CONTRACT FOR PROGRAM MODIFICATIONS TO THE CASH INTERFACE SOFTWARE FOR UTILITY BILLING TO THE CLERK'S GENERAL LEDGER Item #16D15 FUND 188 MODIFICATIONS TO THE 800 MHZ RADIO SYSTEM - IN THE AMOUNT OF $115,000.00 Item #16El BUDGET AMENDMENT 99-092 Item #16Gl MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the BCC has been directed to the various departments as indicated: Page 146 ___.._._..____~__..____"__N..____,_,_. . ! BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 12, 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. November 30 - December 4, 1998 B. December 7 - 11, 1998 C. December 14 - 18, 1998 3. Districts: A. The Big Cypress Basin Board of the South Florida Water Management District - Agenda of December 3, 1998 and minutes of October 30, 1998 meeting B. Key Marco Community Development District - Minutes of meetings held on August 20, 1998 and November 3, 1998 C. Pelican Marsh Community Development District - Schedule of meetings for fiscal year 1998-1999 and District map for 1998-1999 D. Port of the Islands Community Improvement District - Minutes of meetings held on August 6, 1998 and November 3, 1998; audit for 1997, budget for 1998; and description of outstanding bonds 4. Minutes: A. Collier County Airport Authority - Agenda of December 14, 1998 and minutes of November 16, 1998 meeting B. Historic and Archaeological Preservation Board - Minutes of November 13, 1998 meeting C. Immokalee Beautification Advisory Committee - Agenda of December 16, 1998 and minutes of November 18, 1998 meeting D. Immokalee Enterprise Zone Development Agency - Minutes of August 13, 1998 meeting AGEN EM No. JAN 1 2 1999 Pg. / ,-- '-"-~~--'~"'--',. ---'---'-"~'~-_._'-'--'---' -_.-,--.. - I E. Parks and Recreation Advisory Board - Agenda of November 18,1998, minutes of October 27, 1998 meeting, Recreation Section Monthly Report for September 1998, and Adopt-A-Park Report F. Pelican Bay MSTBU Advisory Committee - Agenda of December 2,1998, minutes of November 4, 1998 meeting G. Radio Road Beautification Advisory Committee - Agenda of January 11, 1999 and minutes of November 9, 1998 meeting . --- N~~E~ft llM JAN 1 2 1999 Pg. 1- .--....----.--.,,--. . -...._~ - -."-- ..- January 12, 1999 Item #16Hl ENDORSE THE SHERIFF'S OFFICE GRANT APPLICATION FOR 1998/99 STATE OF FLORIDA STOP VIOLENCE AGAINST WOMEN GRANTS PROGRAM FUNDING FOR THE SHERIFF'S OFFICE DOMESTIC VIOLENCE PROGRAM Page 147 ".--"---"- --"- -~~,-,..._..,._,..-. -- JAN 1 2 1999 r!lJ~ o/g~ goanlj; g~ , 3301 EastTamiami Trail. Naples, Florida 34112-49n , John C. Norris (941) n4-8097. Fax (941) n4-3602 District 1 James D. Carter, Ph.D. District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 December 16, 1998 Robin S. Hassler, Esq. , Director Prevention of Domestic & Sexual Violence Section Bureau of Community Assistance Department of Copmmunity Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 Re: 1998/99 STOP Violence Against Women grant Signatory Authority Dear Robin S. Hassler: Pursuant referenced grant, Sheriff Don Hunter has my permissio e s'gnatory authority on any applicable grant documents. Signature If you need further information please feel free to contact me. Sincerely, B~~ ry, Chair, Collier County Commission jh/a:stsabcc APpr~T ;::orprC'CLO' , Assistant County Attome7 ,,' ._----,,-" --, -- JbN 1 2 1999 PlJ~ o/f5~ f5~ f5~ 3301 East Tamiami Trail. Naples, Florida 34112-49n John C. Norris (941) n4-8097. Fax (941) n4-3602 District 1 James D. Carter, Ph.D. District 2 Timothy J. Constantine EEO Certification Letter - Subgrant Recipient District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 Robin S. Hassler, Esq. , Director Prevention of Domestic & Sexual Violence Section Bureau of Community Assistance Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Robin S. Hassler: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act criteria set forth in the Subgrant Application Package Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient . . (Initial one of the following) : ~oes meet Act criteria and does have a current EEO Program Plan Does meet Act Criteria and does not have a current EEO Program Plan Does not meet Act Criteria I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Barbara B. Berry. Chairwoman BY:_~~~, ~\. ~~~~ Date:.;rae';'~}~:i.1999 Name of Subgrantee Organization: Board of County Cdmtnlssi.oners',' Collier County, Flb:!:"ida"'.', "-,': ',... " ~ Attest as to Chairman's ATTEir:,,~"':~'~f\::f;":' ~E ,"-r~::v~ to tOl'm&~~ R~t~f:~~.~Pfl1l' DWIGFtrt,'~~:j..:ClERK '. ~. ''0 _~ -~\: ,. ,i..,-.. ,'...'?-',,.o".. -:" " JHja:eeos ~ :,'~i-~~~.i:yt1.([ Assistn..nt County Attorney ~" "., " ; , ., ' ------,---, JAN 1 2 1999 - 1998-99 STOP Violence Agablst Women Grant Program Departmelll of Community Affairs Prevetrtion of Domestic and Sexual Violence Section I. Signature Page In witness whereof, the parties affinn they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections inc/udbl.!! strike-overs, wltiteollls, etc., on tltis af(e are not acce table. ~ State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title: Rosa Morgan, Chief of Bureau of coomuni ty Assistance Date: Subgrant Recipient Authorizing Official of Subgrant Recipient (Commission Chainnan, Mayor, or Executive Official) By: ~~~ ~ ~~ Type Name and Title: Barbara B. Berry, Chairman, Collier County Commission Date: January 12, 1999 FEID Number: 59-6000-558 Implementing Agency ial,--Administrator or Designated Representative - '\A- ~ By: Type.; ~~rne a~d Title: Don Hunter, Sheriff ~J. ....1 /' <: ...;. '. ',. Date: December 17, 1998 - '", ATTEST': ." DWIGHT E. BROCK, CLERK r .,' SlIqgrant Package Asafatant County Attorney Grant Agreement / : ,~ .... t-: ... ~.i, \~ . 2/ Attest as'to ChainIIR S signature on1.1. ---.--' -.....-- _u_ JAN 1 2 1999 - 1998-99 STOP Violence Against Women Grallt Program Department of Community Affairs Prevelllion of Domestic and Se:,ual Violence Section I. Signature Page In witness whereof, the parties affinn they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections includill.!! strike-overs, whiteoll/$, etc.. on tit is a,f(e are not acce table. ~ State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title: Rosa Morgan, Chief of Bureau of Community Assistance Date: Subgrant Recipient Authorizing Official of Subgrant Recipient (Commission Chairman, Mayor, or Executive Official) By: ~~, ~~~ Type Name and Title: Barbara B. Berry, Chairman, Collier County Commission Date: January 12, 1999 FEID Number: 59-6000-558 Implementing Agency Administrator or Designated Representative - By: Type Name ard Title: Don Hunter, Sheriff :> ) t i : ", / ' . Da~: CDecember '17, 1998 ATTEST: ~: .,'..r.:.>rcved as to t. -- DWIGHT E. BROCK, CLERK \t1 SlIbgranr Package ,;&. Cl ft..88ist.'1ut CO:lJlt~' Att(lM~ Agreement 21 Att'es't ',as :,.to Cha fran' s signature on1,y_ - JAN 1 2 1999 STOP Violence Against Women Grant Program The Prevention of Domestic and Sexual Violence Section Bureau of Community Assistance Automated Data Processing (ADP) Equipment Form Authorized Official for Subgrant Recipient Type Name: Barbara B. Berry ~ Type Title: Chairwoman, Collier County Commission Signature: , ~, '. ; ra B. Telephone Number: ( 941) 774-8393 Date: January 12, 1999 Information must be provided to adequately respond to a/J applicable issues listed below: I. A description of the ADP hardware and/or software you plan to purchase, including: A. Number of units an projected cost of each; B. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of file server, hub/routers, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer including moder, dot matrix, laser, type of print (black or color), additional memory, and font cartridges; and C. A brief description of how the proposed equipment will be used to further grant objectives. 2. Certify that ADP hardware and software procurement cOrT'!plies with existing federal, state, and loca/laws and regulations. Attach a copy of your current procurement procedures. 3. If ADP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If A~P software will be developed, explain why already produced and available software wilL n'\ts?-ee~the needs - s of thIs subgrant. "\ \" - .H'I , ... '~~}". .' ,. I ~~'/, ~ -...) 5. If your purchase of ADP hardware, software or combination thereof will be from a sole~ource and is S 1 00,0(10 or more, complete a Sole Source Justification Form and attach it. (Appendix II). ;':: ' ,'.;, -, ..,.:: ~ .'" ::../,'. '.'" ~-- ! Oi-iIGHT:'E ."B~OCI(.' C1E,RK NOTE: /"~'" .' :~ ')""'!J".-'.~ For all proposed ADP purchases, an ADP Equipment Form hbe c~r$'j.' 'er~ and submitted to the Department of Community Affairs for approval, ~ ' " , ' 1"01 legal sufficiency . Attest as to Cha1~n's Appendix II signature On11- Assiatan~ County Attorney - JAN 1 2 1999 STOP Violence Against Women Grant Program The Prevention of Domestic and Sexual Violence Section Bureau of Community Assistance Automated Data Processing (ADP) Equipment Form Authorized Official for Subgrant Recipient Type Name: Barbara B. Berry ~ Type Title: Chairwoman, Collier County Commission Signature: . " Date: January 12, 1999 Information must be provided to adequately respond to all applicable issues listed below: J. A description of the AOP hardware and/or software you plan to purchase, including: A. Number of units an projected cost of each; 8. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of file server, hublrouters, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer including model, dot matrix, laser, type of print (black or color), additional memory, and font cartridges; and C. A brief description of how the proposed equipment will be used to further grant objectives. 2. Certify that AOP hardware and software procurement complies with existing federal, state, and local laws and regulations. Attach a copy of your current procurement procedures. 3. If AOP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If AOP software will be developed, explain why already produced and available software will not meet the needs i of this subgrant. 5. If your purchase of AOP hardware, software or combination thereof will be from a sole source and is S 1 00,000 or more, complete a Sole Source Justification Form and attach it. (Appendix II). ", . - .,,- ,. ,} NOTE: c,,;. ..~ . .:....... ,::':'1 .__,.J.' ~ For all proposed ADP purchases, an ADP Equipment Form must b~completed '';'. and submitted to the Department of Community Affairs for approval. .~. Approv.~'" 10 fO~ &Fgal. .uff'''~''''Y . .,.~~, ';'.E.', )iiOC.K\'CLE RK ,- UJ~; AppendIx I! '~t. .~..~ ,,~^"~ , Attest as to Cha1rMft'S /JyI~'{. , ' AssiataDi,CountyAttonl8, , !tignature onl,. ~vty Clerk ~- --.. -- - ..... ... ~.. ..:.. \. ':-"::-'::' c..,. ~_ ..~.. , (I JAN 1 2 1999 J ~ . U.S, DEPARTMENT OF JUSTICE \. ~ ) OFFICE OF JUSTICE PROGRAMS '. ........ ," OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATIERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New : Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonproc:Jrememl and Government-wide Requirements for Drug-Free Workplace (Grants):. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant. or cooperative agreement. 1. LOBBYING public (Federal, State. or local) transaction or contract under a As required by Section 1352. Title 31 of the U.S. Code. and public transaction; violation 01 Federal or State antitrust implemented at 28 CFFl Part 69. for persons.entering into a statutes or commission of embezzlement. theft. forgery, grant or cooperative agreement over $ 100.000, as defined at bribery, falsification or destruction of records. making false 28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property; la) No Federal appropriated funds have been paid or will be (cl Are not presently indicted for or otherwise criminally or paid, by or on behalf of the undersigned. to any person for in- civilly charged by a governmental entity (Federal, State, or f1uencing or attempting to influence an officer or employee of local) with commission of any of the offenses enumerated in any agency. a Member of Congress, an officer or employee of paragraph (1 lib) of this certification; and Congress. or an employee of a Member of Congress in con- Id) Have not within a three-year period preceding this applica- nection with the making of any Federal grant. the entering into tion had one or more public transactions [Federal. State, or of any cooperative agreement, and the extension. continuation. local) terminated for cause or default: and renewal, amendment. or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable to certify to any of the Ibl If any funds other than Federal appropriated funds have statements in this certification. he or she shall anach an been paid or will be paid to any person for influencing or at. explanation to this application. tempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE an employee of a Member of Congress in connection with this Federal grant or cooperative agreement. the undersigned shall (GRANTEES OTHER THAN INDIVIDUALSI complete and submit Standard Form - Ll1.. "Oisclosure of As required by the Crug.Free Workplace Act of 1985, and Lobbying Activities." in accordance with its instructions; Ie) The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- i tification be included in the award documents for all subawards at all tiers !including subgrants, contracts under grants and A. The applicant certifies that it will or will continue to provide I. cooperative agreements. and subcontractsl and that all sub. a drug-free workplace by: recipients shall certify and disclose accordingly . . . . la) Publishing a statement notifying employees that the f... unlawful manufacture, distribution, dispensing, possession. or '2.;- D - . . - - ---,- -- ----. -.. ._.'.:'s!.o!.a..:~nt;~~~d:~u~s!a:,c.e .j~pr~~i?i~ed.~'!-thegrantel:'5:-, , ___ " --- R EBARMENT. "SUSPENSION, AND OTHER workplace and speCIfYing the actions that will be taken against (~~~~~S~~~I~~f TIERS, employees for violation of. such prohibition; As required by Executive Order 12549. Oebarment and Ibl Establishing an on-going drug.free awareness program to inform employees about- Suspension, and implemented at 28 CFR Part 67, for prOStle::. . (1) The dangers of drug abuse in the workplace; tive participants in primary covered transactions. as defined at 28 CFR Part 67. Section 67.510- (2) The grantee's policy of maintaining a drug-free workplace; : A. The applicant certifies that it and its principals: (31 . Any available drug counseling. rehabilitation. and employee (a) Are not presently debarred: sus~ended, proposed for debar. assistance programs; and mem, declared inelioible, sentenced to a denial of Federal 141 The penalties that may be imposed upon employees for benefits by a State ~r Federal court. or voluntarily excluded drug abuse violations occurring in the workplace; from COvered transactions by any Federal departmem !cl Making it a reQuirement that each employee to be enGaged or agency; In the performance of the gram be given a copy of the state- (bl Have not within a three.year period precedinG this aopiica- ment required by paragraph -al; tlon been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement re::uired by them for commi~sior. of fraud or a criminal offense in connec. paragraph (al that, as a condition of employment under the tlon with octaining, ar:em;l!.ng to obtain, or oerforming a grant. the employee will- -'p F'CP... ,,_~, .. I\J . -- - -- . - - - - --..,...- .-_.,-- -~---_. -- , J A N 1 2 1999 111 Abide by the te~ms of the statement; and (21 Notify the employer in writing of his or her convic:ion for a violation of a criminal drug statute occurring in the workplac!i no later than five olendar days after such convic:ion; (el Notifying the ac;enc:-(. in writing, within 10 calendar days Check CJ if there are workl:laces on file that are not indentifiec after receiving notic!! under subparagraph (dl(21 from an here. employee or otherwise receiving actual notice of suc., convic. Sec:ion 67. 6::0 oi the re;lJlaticns provides that 'a grante! tnat tion. E."Tlployers of c:nvic:ed employees must provide notice. incllJding position title. to: 'Oepartment 'of Justice. 'Office of is a State may elee: to make one certification in each Federal Justice Programs. A TIN: Control Oesk, 633 Indiana AvenlJe. fiscal year. A copy of which should be included with each ae. N.W.. Washington. D.C. 2.0531. Notice shall include the iden. plication for Department at JlJstice funding. States :.nd State tification numbedsl of each affected grant: agencies may elect to use OJP Form 4061/7. .':" '. ~ Ifl Taking one of tne fohowing actiona. w.ithin 30 calendar Check 0 if the State has e!ec::ed to complete OJP Form days of receiving notice under subparagraph Id1l21, with 4061/7. ~ respec: to any employe! who is so convicted- 111 Taking appra~riate personnel action against such an DRUG-FREE WORKPLACE employee. up ta and including termination, consistent with the. ' requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactonly in a As required by the Orug.Free Workplace Act of 198a, and drug abuse assistance or rehabilitation program approved for implemented at 28 CFR Part 67. Subpart F. for grantees. as 'such purposes by a Federal. State. or locaf he.'th. law enforce- defined. at 28 CFR Part 57; Sections 67.615 and 67.620- mente or other appropriate agency; A. As a condition of the grant. I certify that I will not engage (;1 Making a good faith effort to continue to maintain a dNg- in the unlawful manufacture, distribution. cflSpensing, posses. free wo~lace through implementation of paragraphs (al. (bl. lion. or use of a controlled substance in conducting any (cl. (d). (el. and (fl. , - activity with the grant: and , . B. The grantee may insert in the space provided below the B. If convicted of a criminal drug offense resulting from a site!sl for the performance of work done in connection with "iolation occurring during the conduct of any grant activity. I the specific grant: will report the conviction, in writing. within 10 calendar days of the conviction. to: Oe;:lar:ment of Justice, Office of Justice Place of Performancl! (Street address, city, county. state, zip Programs. A TIN: Control Desk, 633 Indiana Avenue. N. W.. codel Washington, O.C. 20531. As the duly authorized representative of the applicant. I hereby certify that the applic:,"t wiD comply with the above certifications. 1. Grantee Name and Address: Barbara B. Berry, Chairwoman Collier County Commission 2. Application Number andlor Project Name 3. Grantee IRSNendor Number - Domestic ViOlence Unit Project 50-6000-,558 .--...-..-......---...--... -- .. ---.... --...-- .-- ---. ... .. -..--.....-----...... --_. -..-.....-......-- -.-..- ...--.......---- .-.-. . \ 4. Typed Name and Title of Authorized Representative I , ! i Barbara B. Berry I 5. Signature ' " I ,6_\D~te '." . 'i, ) ! ; ;...._~.:.'\ / l .~'l ! "- - "- --' ~ ..,.- -. ' .... '-..' "... ~ .f ..... . -rm ~i.l,"OY :~~~:iu~: ~ l~ha i 1'tIIIIl' ~1~\. 8m. ClEIIC ~ ; \ l - v.', ~ ., 1 Ass1stant County Attorney I V 4: .~~'. '. :' '~~",<P ~ --, ,.---.-----" January 12, 1999 Item #16Il PROPOSED SETTLEMENT AGREEMENT AND MUTUAL RELEASE REGARDING PENA V. BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, CASE NO. 94-3944-CA-Ol-HDH Page 148 --'-' . .-...,. -,--,,_.._.,~,,~"_^' . JAN 1 2 1999 " - SETTlEME~T AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this /tlPday of~ ' 199.8 by and among Frank A. Pena, Mayra D. Pena, Rossie Pena and Gabriel Pena (hereinafter referred to as the "Penas") on the one hand and the Collier County Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "County") on the other hand. WIT N E SSE T H: WHEREAS, the Penas filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida styled Pena v. Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, Case No. 94-3944-CA-Ol- HDH (hereinafter referred to as the "Lawsuit"); and, WHEREAS, the Penas and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that relate or refer in a~y way to the incidents described in the original Complaint or any of the Amended Complaints filed in the Lawsuit; and, WHEREAS, the Penas and the County desire to reduce their settlement to writing so that it shall be binding upon them as well as their respective owners, principals, - 1 - , "'~._-- JAN 1 2 1999 officials, officers, employees, ex-employees, agents, representatives, successors, assigns, heirs and affiliC!tes. NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, and with the intent to be legally bound, the Penas and the County agree as follows: 1. The Penas and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the amicable resolution of all disputes or claims giving rise to the Lawsuit, and for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by the Penas, the Penas agree to dismiss the Lawsuit with prejudice. 3. In consideration of the amicable resolution of the Lawsuit, and for other valuable considerations, the receipt and adequacy of which is hereby acknowledged by the Penas and the County, the Penas and the County hereby expressly release and forever discharge one another, as well as their respective owners, principals, officials, officers, employees, ex-employees, agents, representatives, successors, assigns, heirs and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses or demands of any kind or nature whatsoever arising from or relating or referring in, any way to either the Lawsuit or any incident or event referred to in the original Complaint or any of the Amended Complaints filed in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, the Penas and the County agree that either of them (as well as any 2 -- ---.'"- -"--.. JAN f 2 1999 other persons or entities intended to be bound) shall retain the right to enforce the terms and conditions of this Agreement and Release. 5. The Penas and the County agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, representatives, successors, assigns, heirs and affiliates. 6. The Penas and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either the Penas or the County. IN WITNESS WHEREOF, the parties, (i.e., the Penas and the County) or their duly authorized representatives, have signed and sealed this Agreement and Release as set forth below. DATED: JAN 1 2 1999 BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA AS THE DWI9\:iT E~ !3ROCK, Clerk GOVERNING BODY OF COLLIER COUNTY - ,. n.!, AND AS EX-OFFICIO THE GO\'EkNiWG. \ ... (;:'< BOARD OF THE COLLIER COUNTY.' ,',' . "0.'- ,-".-' \~,;..~..-.;,.. . -.",-~ , WATER-SEWER DISTRICT ~/ <' , , c ':'" " ~. .. - --, - ' - . ,-,," BY:~~~ If - ~b' ~~~~~a .' , BAR RA B. BERRy,~~;m" . .;":,',,,./. " ' ',t." .,. ~. ~ \ /~'/,./ /, ~':_,'. ;_'t,-..-.:.._,.~{~:_;:.~.,.,:.;~,., Attest as tci Chafrqn's ~ /~ /.9:9}i1 'JJ;HUl:~l\" , signature on11_ I" ~"A~ / e Executed ' 3 - ---"-'--'-'" -"'--..-..--,-- '-- JAN 1 2 1999 WITNESSES: (1) r ~ FRANK A. PENA Signa ure J'Jtn ,e /J!K,n s ~~ Printedfryped Name ~nature / ~ ~- ~ 15 Date Executed (2~~-h{ ~~~ ~:i~~m~aYO~J WITNESSES: (10J4tn~~ MAYRA D. PENA Signatu ~~~~Y1~~ sn~ .gnature /l/y/qp Date Ex&uted I (2) _fq,...,'t. ua~.J " PrintedfTyped Name 4 - -.,----.,.--.-- '0---....- '-'-~~.- JAN 1 2 1999 WITNESSES: 1~ ~I J (1 ) ,I/j;,~ ROSSIE PENA Signature J/21""' ;-{ t..\~...tK;(\s PrintedfTyped Name 1/-8-qg- Date Executed (2~~~\)~~ 'h~t,~~ ~€U8O:eJ WITNESSES: (1)~~\~ GABRIEL PENA Signa ~~s-\-c\' \"Y\q)~n'le\ PrintedITyPed Name , Signature _1lIt/18' Date Executed (2 :J~{Yl/T 1~~f~/z5 PrintedfTyped Name Approved as to form and legal sufficiency: ~v&iT Assistant County Attorney 5 - -.--.------------- JAN 1 2 1999 h:litigation\pena\settlement agreement & release 6 - ---- ---"----.-, ---.. ---.--_.---- ~' JAN 1 2 1999 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION FRANK A. PENA, MAYRA D. PENA, ROSSIE PENA and GABRIEL PENA, Plaintiffs, vs. Case No. 94-3944-CA-Ol-HDH BOARD OF COUNTY COMMISSIONERS, as the GOVERNING BODY of COLLIER COUNTY, FLORIDA, and as EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Defendants. / STIPULATED NOTICE OF DISMISSAL WITH PREJUDICE Pursuant to Fla.R.Civ.P. 1.420(a){1)(B), the parties stipulate and agree that this action shall be and hereby is dismissed with prejudice. Each of the parties shall bear his, her or its own costs and attorney's fees. WOODWARD, PIRES & LOMBARDO, P.A. OFFICE OF THE COUNTY ATTORNEY 801 Laurel Oak Drive, Suite 640 3301 East Tamiami Trail, 8th Floor Naples, Florida 34108 Naples, Florida 34112 (941) 566-3131 - Telephone (941)774-8400 - Telephone (941) 566-3161 - Facsimile (941)774-0225 - Facsimile ,../,h'___~ /J~A ~ ~~P~IER e; ~z~ V j/vt../'t ?v . - I L \-1BAR 0, ESQ. MICHAEL W. PETTIT, ES lorida Bar No. 372641 Florida Bar No. 0970336 Attorney for Plaintiffs Attorney for Collier County . 1 . JAN 1 2 1999 t " . ~~'ft~~lr!~'~QUNTY COMMISSIONERS d' ..... ~~~. t t, ,,\\ .;~iJ>'~.l~~~~'~""" '~'I. " . l' V'''' II &r' ..... , 'cr' "'" . "~.. " . ':\!t't'f{ 'I ;1.... ....\ " .:.aF:GOLlIE'R~COlJNTY, FLORIDA, AS THE ," ,;..t\,..,. III ,~~ '- ~ ...9 ~'," . . 'l,,,,,\,,~'~J "'~.:-;....'...;.. . :{li~VERNT~g~~@~'y OF COLLIER COUNTY ..., '::I">~'i!:~~;'~~<~. ",';~~'~;~~~ .... " ~.. ."}., ...J. ".,.~t~,.. . ~ f!\~!i!AS:"EX; ;;~~~~IO THE GOVERNING f. ~~:X:(?.'~<"'.,:I:Y:;~:::,:}I"~,+~2 \ ~ ....H~tl:,... " +.tllk. ~~SBc.~~~R~qfJHE,~~LLlER COUNTY :.: -:';'{:~:;~' ..~~ ti,';, : ')"-;~"',:->~r " ,)I~l" 1"1'\'1""1". \'~;~lf,~-:~:~~~;R;:~,~TRICT '\'~\j~:Pl\!/: ;~~.;:'\i '?:~;;f':;(:i:ii: '/ ..... ,'i/; i ti'.t-H\~!~". _,' ATTEST' t~~'~.. ,*. '~\'n' ... , '..' ..,l".....fih~:~il;l.,~.., ~'\':t"', ", 1" '.....~. ~"".. ' ef."" "e'~~ ];,.,,; ~;;;~. i"'iri~:J:\ ~ ,ii, .......... DWIGHT, ,.t,. ,,; ',~\;..\:.:". ' "',/il."" (\ ..~ >.,; ~, .1" '....... ~,' .....,tf'lh1~ w', ~ 'l~ ~. '. .p~.~. r'~' '~ .' .' .'" . .' . tl1) ~. " . '." .:;~:r. ,l". . . (. By: r;~~'l~'~r.'. / ~/~/')~)7 Attest as to Chi frun' s Date Execut sfgnature 01111_ FRANK A. PENA MAYRA D. PENA - ~~/2-, );zr~ Signature //-?-Cf? II/jJ /17 Date Executed Date ExeEuted / ROSSIE PENA /: ./)-?-Cf?r' l1/glrrs Date Executed Date Executed h:litigation\pena\Stipulated Notice of Dismissal w\prejudice-MWP 2 -',",'-~_. "_..,. -~..~ January 12, 1999 Item #16I2 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 148 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RONALD BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED THE 17TH DAY OF MAY, 1991, ET AL., CASE NO. 98-1394-CA (LIVINGSTON ROAD EXTENSION, GOLDEN GATE PARKWAY TO RADIO ROAD) - STAFF TO DEPOSIT $2,000.00 INTO THE REGISTRY OF THE COURT Page 149 -,",,- "._.__._~..._'"'_. ~ JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 .. -- _.,",-". January 12, 1999 Item #16I3 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 150 IN THE LAWSUIT ENTITLED COLLIER COUNTY VS. RONALD G. BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED THE 17TH DAY OF MAY, 1991, ET AL., CASE NO. 98-1394-CA (LIVINGSTON ROAD EXTENSION, GOLDEN GATE PARKWAY TO RADIO ROAD) STAFF TO DEPOSIT $3,025.50 WITH THE REGISTRY OF THE COURT Page 150 _._,~..w. .-..." JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 -_.-~,-,.,.~,,-,_.... ._-~.''''"- January 12, 1999 Item #16I4 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 151 IN THE LAWSUIT ENTITLED COLLIER COUNTY VS. RONALD G. BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED THE 17TH DAY OF MAY, 1991, ET AL., CASE NO. 98-1394-CA (LIVINGSTON ROAD EXTENSION, GOLDEN GATE PARKWAY TO RADIO ROAD) STAFF TO DEPOSIT $6,882.50 WITH THE REGISTRY OF THE COURT Page 151 -._- JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 - _._-_._.__.__.~_....,>,._." January 12, 1999 Item #16I5 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 152 IN THE LAWSUIT ENTITLED COLLIER COUNTY VS. RONALD G. BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED THE 17TH DAY OF MAY, 1991, ET AL., CASE NO. 98-1394-CA (LIVINGSTON ROAD EXTENSION, GOLDEN GATE PARKWAY TO RADIO ROAD) STAFF TO DEPOSIT $2,893.50 WITH THE REGISTRY OF THE COURT Page 152 --,. '_m_~ JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 January 12, 1999 Item #16I6 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 158 AND 858 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RONALD G. BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED THE 17TH DAY OF MAY, 1991, ET AL., CASE NO. 98-1394-CA (LIVINGSTON ROAD EXTENSION, GOLDEN GATE PARKWAY TO RADIO ROAD) STAFF TO DEPOSIT $7,000.00 WITH REGISTRY OF THE COURT Page 153 JAN 1 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 January 12, 1999 Item #16J1 COUNTY ATTORNEY TO DRAFT AN ORDINANCE TO AMEND PARAGRAPH A OF ORDINANCE NO. 95-67 (AIRPORT AUTHORITY ORDINANCE) TO ELIMINATE NUMBER OF TIMES A MEMBER OF THE AIRPORT AUTHORITY MAY BE RE-APPOINTED7 THE AIRPORT AUTHORITY TO ADVERTISE THE ORDINANCE FOR PUBLIC HEARING Item #17A RESOLUTION 99-61 RE PETITION CU-98-17, DWIGHT NADEAU, AICP, OF MCANLY ENGINEERING & DESIGN, INC. , REPRESENTING EVERGLADES GOLF CORPORATION, REQUESTING CONDITIONAL USE "17" OF THE A ZONING DISTRICT FOR A GOLF COURSE AND RELATED USES, FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF VANDERBILT BEACH ROAD EXTENSION, IMMEDIATELY NORTH OF THE CYPRESS CANAL, ONE AND ONE HALF MILES EAST OF CR 951 Page 154 .-<__." ~__.__m '-- " - I , JAN 1 ? mQQ RESOLUTION 99-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE "17" IN THE "A" AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a golf course on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- I JAN 1 2 1999 The petition filed by Dwight Nadeau of McAnly Engineering and Design, Inc. , representing Everglades Golf Corporation with respect to the property hereinafter described as: Exhibit liB" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C" ) and subject to the following conditions: 1. Prior to approval of construction plans, the Petitioner shall submit to the Transportation Services Director, evidence that the Petitioner has the right to make improvements to Douglas Road. 2 . Improvements to Douglas Road or Vanderbilt Beach Road are not eligible for road impact fee credits. 3 . Arterial level street lighting shall be provided at the intersection of Douglas Road and Vanderbilt Beach Road, prior to the issuance of a Certificate of Occupancy. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /;).;t::L day of ~""t.(7 , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest as to ChainMan's BY:~~~, ~. ~ signature 01:' ~~~r ,. ' \., , ,. , '\. rman . ,,,\" ), IJ i],,," ,;~ " . ,. " ,'" 't} -", " '. .;', ;:::y ~~ ATTEST: (", ~ ;:~ '.: '. ::'~.~ Q~IG~T ,~. BROC~;-Clerk ""'." . , " . l', :;; '.: ;",:', '. 'l. t;t.J;i~" ,.ftJ~ Approved as to Form and Legal Sufficiency: 7021 flJA' If] I-)~ ,/ ~ t I -<1' .'L-~ A ~ " ~(it'!" '4IJ Marjo ie M. Student Assistant County Attorney f/CU-98-17 RESOLUTION -2- . . JAN 1 2 1999 I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-17 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 P~ 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 & ~s Yes l No C. Affects ne'ghboring properties in relation to noise, glare conomic 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 u~thin district Yes No Based on the above findings, this conditional stipulations, (copy attached) (.sb- ~ . . ) be approval eJl( . DATE: /:1. 11fr / f/CU-98-17 FINDING OF FACT MEMBER/ EXHIBIT "A" ~, . " .. ~ JAN , 2 1999 ! 1 I ; . GOLF CLUB OF THE EVERGLADES , ; LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH, RANGE . 27 EAST. COLLIER COUNTY. FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: . THE EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH. RANGE 27 EAST. LESS THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION. . , . ' . SAID PARCEL CONTAINING 261.85 ACRES MORE OR LESS, SUBJECT ro EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. EXHIBIT "B" , ..- . ,~ . , . . : .._-_._.._~,.,.,..__..-.~--.-,---_.---.- ~ I r GOLF CLUB OF THE EVERGLADES JAN 1 1999 1 A. AaIICU.. T\R! lICEYIl1lI"I!D >> . . . a.c.. CIClU' c:cx.w.. ClUII! "-ClImA .., a..1II . A, -"RCU.11R lIIUaVII.ClPID GOlJ' toURS!: 183 t ACRES UKES: lIO:!: ACRES 1I'ETLANDS: 28:!: ACRES. TOTAL: 281 :!: ACRES b (jD NORTH .. ..rA,. -..f'AI&Y . e =- f:l,1I'JI ~ ..... CClIP. IlcAM.Y ~ I~~.~~ m ...... ~ ~ ~~ III~ - . CONXTIONAL.. m1! JIl.AII ~ -.~.-.-.--.--~- ...-.-- - EXHIBIT "C" .. -~ - -" ~ , , - - ' ,. . ,--'. " . - January 12, 1999 Item #17B RESOLUTION 99-62 RE PETITION CU-98-20, DONALD A. PICKWORTH, PA. , REPRESENTING NAPLES GOLF PARTNERS, REQUESTING CONDITIONAL USE "17" OF THE A ZONING DISTRICT FOR A GOLF COURSE AND RELATED USES, FOR PROPERTY LOCATED TO THE NORTH OF TAMIAMI TRAIL EAST (US 41) AND ALONG BOTH SIDES OF EAST HAMILTON ROAD Page 155 _._-~..._--,_... .-.'.- -.-.- I ^ M 1 2 1999 RESOLUTION 99-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE 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 SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3 in an "A" Zone for a golf course on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: I I -1- JAN 1 2 1999 The petition filed by Donald A. Pickworth, P.A. representing Naples Golf Partners with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 of the "A" Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1- Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. 2. Parking spaces for the disabled shall be arranged so that the person is not required to wheel behind another vehicle. 3. 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. 4. 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. 5. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Land Development Code. 6. 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. A schedule for exotic vegetation removal within all areas of retained native vegetation shall be submitted with the above mentioned plan. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. i -2- JAN 1 2 1999 This Resolution adopted after motion, second and majority vote. Done this / ~ ;(::1.., day of ~ , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By:~.fl. ~an ,,' .\.i i\ Idj", .. ,,'" ... 1'" vt '~TmEl'ST1{f '~~., :<.' " ".,~~~./: Dv'hGirrtl'~:'::' 'g0~, Clerk .;.Atte~r.lls'rt~\~h'~ t~an . s ;:..si~na.~.o're'{on 1:,: ~: '<. ~.~ '. % j;i.~ _' . '~,' ~\1'i.,,'r /"~" '.(~::\)h'1'~: ''Af~~' AP~'~Rr~~'f.?,;\~b Form and LegalSu 11c1ency: d1U~~jJ on. ~ Marj ie M. Student Assistant County Attorney f/CU-98-20 RESOLUTION I I -3- ., ,JAM 1 2 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-20 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 ing~& egress Yes . No C. Affects neighboring properties in relation to noise, ~' economic or~effect6' No affect or Affect mitigated by Affect annot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use Wi~district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . ~ ..~~ DATE:~ CRAI . , f/CU-98-20 FINDING OF FACT CHAIRMAN/ , I .,.,___._____.."._..._"_.,_~..__m"'____. -. _._--~,.._-_.,_.-.- JAN 1 2 1999 EXHIBIT "A" PARCEL 1: BEGINNING AT THE SOUTIlEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTIlWEST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTIlEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 20 RUN NORTH ALONG TIlE EAST BOUNDARY LINE OF THE EAST HALF (E 1/2) OF THE SOUTIlWEST QUARTER (SW 1/4) (APPROXIMATELY N.00036'4S"E.) FOR 129.00 FEET TO A MARKER, BEING TIlE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID EAST BOUNDARY LINE AT N.00036'4S"E. FOR 25S1.34 FEET TO A CONCRETE MARKER, SAME BEING TIlE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTIlWEST QUARTER (SW 1/4) OF SECTION 17; THENCE WEST ALONG THE NORTII BOUNDARY LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4), (APPROXIMATELY N.88044'00"W.), OF SECTION 17 FOR 1326.25 FEET TO A MARKER; THENCE SOUTH ALONG THE WEST BOUNDARY LINE OF THE EAST HALF (E 1/2) OF THE SOUTIlWEST QUARTER (SW 1/4), (APPROXIMATELY S.0003S'20"W.) OF SECTION 17 FOR 1613.36 FEET TO MARKER, THENCE SOUTHEASTERLY (APPROXIMA TEL Y S.530 40' 50"E.) AND PARALLEL TO AND 400.00 FEET BY PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 FOR 1642.7 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEGINNING AT THE SOUTIlEAST CORNER OF THE SOUTHEAST QUARTE.R (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 20 RUN NORTH ALONG THE EAST BOUNDARY LINE OF THE EAST HALF (E 1/2) OF THE SOUTIlWEST QUARTER (SW 1/4) (APPROXIMATELY N.00036'4S"E.) FOR 129.00 FEET, MORE OR LESS, TO A MARKER, THENCE NORTHWESTERL Y (APPROXIMATELY N.53040'50"W.) ALONG A LINE PARALLEL TO AND 400 FEET BY PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (T AMIAMI TRAIL) FOR A DISTANCE OF 816.00 FEET, MORE OR LESS, TO A . POINT ON THE CENTER LINE OF AN EXISTING ROAD; WHICH BISECTS THE EAST HALF (E 112) OF THE WEST HALF FO SECTION 17, SAID POINT ON THE CENTER LINE OF SA,ID EXISTING ROAD BEING TIlE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID: ' NORTHWESTERLY LINE FOR A DISTANCE OF 822.00 FEET, MORE OR LESS, UNTIL REACHING TIlE EAST BOUNDARY LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 17 (SAID NORTHWESTERLY LINE ABUTS THE SOUTHERLY BOUNDARY OF LAND, 63 ACRES, MORE OR LESS CONVEYED TO HENRY C. HIXSON BY DEED DATED JUNE 9, 1976), THENCE SOUTH (APPROXIMATELY S.00035'20"W.) ALONG SAID EAST BOUNDARY LINE FOR A DISTANCE OF 492.00 FEET, MORE OR LESS, UNTIL REACHING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL); THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY (APPROXIMATELY S.53040'50"E.) OF US HIGHWAY 41 FOR A DISTANCE OF 533.00 FEET, MORE OR LESS, TO THE CENTER LINE OF THE EXISTING ROAD WHERE IT INTERSECTS AND IS PERPENDICULAR TO US HIGHWAY 41; THENCE NORTHERLY (APPROXIMATELY N.36013'10"E.) ALONG THE CENTER LINE OF SAID ROAD FOR A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" I I Page 1 of2 _._"..._.._.."......--...__.~_........_.. JAN 1 2 1999 PARCEL 3: A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 324, PAGE 149 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 17; THENCE N.OO~7'26"E. ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER (SW 1/4) FOR A DISTANCE OF 128.90 FEET TO AN INTERSECTION WITH A LINE 400.00 FEET NORTHEASTERLY OF AS MEASURED AT RIGHT ANGLES TO AN PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US HIGHWAY 41, STATE ROAD 90); THENCE N.54011'31"W. ALONG SAID PARALLEL LINE FOR A DISTANCE OF 750.08 FEET; THENCE N.S4022'OI"W. CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 6S.55 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD; THENCE S.3So37'59"W. ALONG SAID CENTERLINE FOR A DISTANCE OF 400.00 FEET TO AN INTERSECTION WITH THE SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL; THENCE N.54022'OI"W. ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 524.47 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 17, THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN BEING DESCRIBED; THENCE N.S4~2'OI"W. CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL FOR A DISTANCE OF 1106.30 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD; THENCE N.35037'S9"E. ALONG SAID CENTERLINE FOR A DISTANCE OF 402.60 FEET; THENCE S.89~O'23"E. FOR A DISTANCE OF 672.96 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 17; THENCE S.00~9'37"W. ALONG SAID EASTERLY LINE FOR A DISTANCE OF 965.98 FEET TO THE POINT OF BEGINNING. ABOVE SAID THREE PARCELS OF LAND CONTAINING 82.48 ACRES, MORE OR LESS. , I Page 2 of2 ~~---.. -..-"---'" -....-...-.----.<-- AN 1 2 1999 If I I ! If ~p,11 p. . 8 . , I rigll:1lg"I'II@1 II f Ifll U,I Iii I · i ! '~ II ~ I j .I Ji., 11'1111 ~1i1li!! ~ufl :1 i':i~ hi. ;& !I! till! I ~! i il I~ I P I II ~r I~i~~ I I i 'ii ~ I~. " I~.:r i ill . '.':1.:;1:. c......... I lIill_tiill IiEiU~O"1 IInl.iiUI liliiiliiEll . . ... .. .. .. ... .. .. . .. . .. ~. .. .. .. .. .. ... .. I 7G, 9 01 I I : I I, 't' : I i I .... .... ..~ . . .. ~ 1111 ~'.~;II'.li"il ~~~I~""lln . IVED II 1511 iHiI!llI!!W I~ I~hl a ~ I rI~ i il ,II' '1!l1/1I111!;11 h 1!I".DIi;:: .! _II t; III! 1= Ii l"pcllJ=p. SEP 2 ....~,"\ ~ lo r '1 11'1 I I i...,...:,J w~ 'i~~ ~ I II I il;ill. ~ l:i j ,iiti~~~,U~III. ~ii I ~ i I II r · I : . , PI.W4N . VICE~ '!Rq'l. :! J. '. . I, Ii t : f 5 I It i . -... .. - 98-20 . .' ,.... 0..... - !L:.-.,......., e.... ! hbl , Exhi'bi t lie II ~ . - - ~ i~i ~! ,- .- -- -------------- .~-~.,--- January 12, 1999 Item #17C - DELETED Item #17D - Moved to Item #12BS Item #17E RESOLUTION 99-63 RE PETITION NO. CU-98-21 BRUCE J. SICILIANO, AICP, OF AGNOLI, BARBER & BRUNDAGE, INC. , REPRESENTING NORTH NAPLES BAPTIST CHURCH, REQUESTING CONDITIONAL USE "1" OF THE "E" ZONING DISTRICT FOR A CHURCH EXPANSION FOR PROPERTY LOCATED ON THE WEST SIDE OF OAKES BOULEVARD BETWEEN VANDERBILT ROAD AND IMMOKALEE ROAD Page 156 ,-.,.. --"--_'__""_'_M .'-'_M_.'O_'._ I JAN 1 2 1999 , RESOLUTION 99-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH EXPANSION CONDITIONAL USE "1" IN THE "E" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.3.3 in an "E" Estates Zone for a church expansion on the property hereinafter described, and has found as a matter of fact (Exhibit "A" ) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- JAM 1 2 1999 .! The petition filed by Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage, Inc., representing North Naples Baptist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates Zoning District for a church expansion in accordance with the Conceptual Master Plan (Exhibit tIC") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /~~ day of ~ ' 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest as to ChaIrman's BY: ~~~ ~ signature only. BARB B. BE Cha r ~ ;"I,Hit) '.' ~:. " . U ,i" ATTE$T: : , (J: DWIGHT E.' BROCK;c<~Clerk ',:~;: :" , . .~~~ , I' . , , ' .. ( ~.: <1:..!!lP~ ,;.A1~ ApprdVed:< ~l:13i' 't'o Form and Legal Sufficiency: ~-n1.~ Marjo e M. Student Assistant County Attorney f/cu-98-21 RESOLUTION -2- 1 JAM 1 2 1999 I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-21 The following facts are found: 1. Section 2.2.3.3.1 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 Manage~: Yes i>L 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 ingreS~ess Qes No C. Affects neighboring properties in relation to noise, g~~miC or odor effects: ~ No ~ct or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other [, property in the d~~trict: compatib~~ithin district . Yes ,,!.- No ! , Based on the above findings, this conditional use should, with stiPulat~e~ed) ..(sGould noti be recommended for ]! /)/}.{). I ' approva i-I ~"""I':" -----. I DATE: /2 ,':", 98 -- ~R: u,dllli 5)t!/ . CHAIRHAN f/CU-98-21 FINDING OF FACT MEMBER/ Exhi bi t 'P-. ~, - ~ , " JAN 1 2 1999 1 ..,...... . '0 ol..EGAL DESCRIPTION Tract 7, Golden Gate Estates, Unit 97, as recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. ',' Exhibit B CU-98-21 06-940j8.doc: 10 , ~ 0' f . . , " .' 8Z Exhibit c JM.1ttr '%0' I t') , 'm;1J ~S ~ Cp-98-21 c-l ..% .. ,~:J: . . ~.~ "-'-'-"-"==1 ~ F... -"'-"'c:'~~: - . , - , . ., 0" '..".. ", ".' .e !II'-u 'iJr- _ ~ . _ j,m_ - - -~ - , - fA -, '- - - -, - .. .... -- . -." - - , . - ' ..., 1 .. ~... .;. , . '. i"~ . . . :~ ' -a ~ !31 . .' ') ,I _.J -I .ci ~- -~~ ~ ...... .....~- I,,'; - L.. __..1...__ I ~ I :C/J L _+_..; ! ,: ,j f t ~_ '-'r'~ F J..~ .~ r -:--. ~ '51 :...~ . . . ..~ 1:_7 ';: fT i~ i "~I ,. , on' _ I ---0 -.n .. . -!II ~ ~ ~" hi- -~!.. ' -' ~ 2 Ct ~...... c: ~. ",,- ::l J.......;... "% -,~ I I ' ....~ = ~~j j C, ' . ' .....~ I - I ' : I . . 11- '~:' - I -;Q- . - ~~--~ I ' . .1 :- (j .:.- ' . -.1- .."~ I ~ : ~:;-,:'- i ...... ::t: .. , : ~ I : ,.;. I ~ . ,.. I I i i-u:' I ,~ ; ~..t, -I- I .J ......, . , " ....... . .. . '...-.; I .. . '.' .0- f I :...: ;". .....J I r' I ! -, . :--..J : ; , ! ... I I OAKES IIOUl.E\IARD I- r I ! , . ~ - .. - . - - . f .,~ 11111 I i jii i III. i i I III11 I III !II ~ t If ' I II!P P I I .11 ~ ~..~~ lit fllJI III I I I I!III I lil< II .. " .. ' . .. n. " . Ii' I ,1111 '. ~ Ilf ~ '1. ....1 'II '1111' <' r'l 1.11 II! i dId i ,I I , !!) I I I III ,I ~ rll I I I W' ' , r " ',. _. _. '" -- ... . - . -.' .- - , , -- , . , ' JAN 1 2 1999 I Exhibit D en -98-21 Subject to the following conditions: a. The Planning Services Department Director Manager may approve minor changes in the location, siting, or height of buildings, 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 ofthis 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, ofthe Collier County Land Development Code (Ordinance No. 91-102). b. An appropriate portion ofthe 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. Should safety or operational conditions warrant, the applicant shall be responsible for the construction oftum lanes in accordance with Ordinance 93-64 at the project entrance off of Oakes Boulevard when determined necessary by the County's Transportation Department. Should the need arise for other roadway and intersections improvements to 18th A venue and Oakes Boulevard, the petitioner shall be responsible for contributing their fair share cost of these improvements at the time of construction. e. Per the Office of the Fire Marshall, upon reaching the maximum threshold for sprinklering requirements, the petitioner shall sprinkler the required buildings utilizing a reliable water source as approved by the Fire Marshal. ~ '. .-" January 12, 1999 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:40 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL /"\ (!;7rYltLtJ/$ PAMELA MAC'KIE, CRA 'j I) . ATTEST: .~,' -. . DWI'~HT E. BROCK, CLERK -, -4t:;Gd.v~' /4. e T~eljle minutes approved by the Board on ~~ /? J' 'J o*' as presented ~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Cherie R. Leone, RPR Page 157 "-'---'~'", ._._-,..,.....,.,,~... "..,