BCC Minutes 01/26/1999 RJanuary 26, 1999
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 26, 1999
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRWOMAN:
Pamela S. Mac'Kie.
Barbara B. Berry
John C. Norris
Timothy J. Constantine
James D. Carter
ALSO PRESENT:
Robert Fernandez, County Administrator
David Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Clerk To The Board/M. Kenyon
Admin/4th Floor
FP CV IN
3 1
AGENDA
Tuesday, Janua~ 26, 1999
9:00 a.m.
NOTICE: ta~L PERSONS WISmNG TO SPEAtC ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL
BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Father Tim Navin, St. Peter the Apostle Catholic Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming the month of February as Beach and Water Safety Month.
To be accepted by Ranger Janet Sellars, Collier County Parks and Recreation Dept.
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January 26, 1999
2) Proclamation proclaiming the month of January as Volunteer Blood Donor Month. To
be accepted by Vicld A. Gaeta R.N., St. Donor Recruiter, Community Blood Center
B. SERVICE AWARDS
1) James Scarbrough, Road and Bridge - 15 years
2) John Miles, III, Wastewater - 10 years
:3) Richard Lockerby, Water Distribution - 10 years
4) Steve Peffers, Parks and Recreation - 10 years
5) Robert Reeder, Water - 10 years
6) Phil "Grcg' Thacker, Wastewater - 5 years
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Joe Blazcl~, Jr. Representing Messiah Lutheran Church requesting a variance to
upgradc/relfl.'lcc sign.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Budget Amendment to fund the relocation of the Housing and Urban Improvement
Department, installation of dehumidi~cation equipment, balancing the A/C system,
and interior building renovations at the Develol}ment Services Center.
B. PUBLIC WORKS
1) Further information regarding state~vide efforts to acquire Avatar Holdings, Inc.
Utility Systems.
C. PUBLIC SERVICES
1) Api}rove an agreement for sale and purchase of 175+/- acres of !and and authorize
the sale of a long term revenue bond for a proposed north Naples regional park.
2) Review the counter offer regarding the historic Roberts Ranch property in
Immokalce.
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) 1999 Calendar of Key Activities.
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January26,1999
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board to consider settlement proposal in the case of Laverne
B!anford vs. Collier County, Case No. 97-209-CIV-FTM-26D, in the United States
District Cou~t in the Middle District of Florida.
10. BOARD OF COUNTY COMMISSIONERS
A. Apl}ointmcnt of members to the Golden Gate Community Center Advisory Committee.
B. Recommendation to declare a vacancy on the Hispanic Affairs Advisory Board.
C. Appointment of members to the Historical/Archaeological Preservation Board.
D. Discussion regarding Interim Government Services Fees. (Commissioner Cartcr)
E. Discussion regarding Board expenditures for community/civic invitations
(Commissioner Constantine).
F. Motion to reconsider Agenda Item 10(1) of the January 12, 1999 Board meeting
pertaining to the status of the PGA audit/medi4tion endorsement.
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-98-9, Mark W. Minor of Q. Grady Minor & Associates,
representing Glen Eden on the Bay Limited Partnership, requesting a rezone
from "A" rural agriculture to "PUD" Planned Unit Development to be known
as Glen Eden on the Bay for a maximum of 94 single family dwelling units, for
property located on the west side of Vanderbilt Drive (C.R. 901) approximately
~ mile north of Wiggins Pass Road (C.R. 888), in Section 8, Township 48
South, Range 25 East, Collier County, Florida, consisting of 40.93+ acres.
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition CU-98-22 Emilio J. Robau, P.E. of RWA, Inc. representing Hideout
Golf Club LTD., requesting conditional use "17" of the agricultural "A' zoning
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January 26, 1999
district per Section 2.2.2.3. of the Land Development Code for a private golf
course, club house and driving range facility for property located on Brantley
Boulevard, east of the Golden Gate Canal, in Sections 24 and 25, Township 49
South, Range 26 East, Collier County, Florida consisting of 180 +/- acres.
2) Petition V-98-23, Richard Yovanovich, Esq. representing Gus Sciaqua,
requesting a 15 foot variance from the required 15 foot side yard to 0 feet on
the south and north pro!~erty lines for office and retail buildings to be located
at 3078 Tamiami Trail North.
3) Petition V-98-21, James W. Viergutz rcl~resenting Wedgemont Condominium,
requesting a 25 foot variance from the required 35 foot front yard to 10 feet
along Palm View Drive for carports for a condominium complex located on
Palm View Drive al~proximately one half mile north of Immokalee Road in
Palm River area.
4) Petition CU-98-24 Mark W. Minor, P.E. of Q. Grady Minor & Associates,
P.A., representing Rohert Duncan for the Task Force for the Homeless,
requesting condition.'tl use "9" of the "C-4" zoning district per Section 2.2.15.3.
to add twenty (20) beds to an existing homeless shelter for property located at
2001 Airport Road South (C.R. 31), further described as Lot 1, Block K, The
Glades, Unit Two, in Section 12, To~vnshil~ 50 South, Range 25 East, Collier
County, Florida consisting of 2.3 +/- acres.
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be routine and
action will be taken by one motion without separate discussion of each item. If discussion is
desired by a member of the Board, that item(s) will be removed from the Consent Agenda and
considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) To allprove a budget amendment that authorizes the Office of Management
and Budget to establish a project budget account for the 1998 Economic
Development - Community Development Block Grant (CDBG) Project White
Lake Industrial Park.
2) Request to approve recording the final plat of Cotton Greens and approval of
the performance security.
3) Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Northshore Lake Villas Replat"
4) Recommendation to al~prove commercial Excavation Permit No. 59.673,
"Roberts Homesite and Commercial Excavation" located in Section 29,
Township 47 South, Range 28 East; bounded on the north, east, and south by
vacant land zoned estates and on the west by a canal and vacant land zoned
agricultural.
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January26,1999
5) Recommendation to al~prove Excavation Permit No. 59.678 Tim Maloney II
Commercial Excavation located in Section 28, Township 48 South, Range 28
East; bounded on the north by 72"" Avenue N.E. R/W, on the west by 40'h
Street N.E. R/W and on the south and east by vacant tract.
6) Request to al~prove the final plat of "Forrest Glen of Naples"
7) Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Dekker Estates"
8) Recommendation to ap!~rove commercial excavation permit No. 59.672, "Lilac
Excavation" located in Section 24, Township 47 South, Range 27 East; bounded
on the north and west by occupied agricultural !and, on the south and east by
vacant land zoned agricultural.
9) Authorize staff to reject i~roposals received for RFP 98-2871 - Software for
optical Imaging and re-bid at a later date.
10) Budget Amendment to fund rclocation of Utility and Franchise Regulation.
(Companion to 8(A)l.)
B. PUBLIC WORKS
1) Request the Board declare a pul}lic safety emergency to authorize the
installation of additional traffic control devices for the intersection of Industrial
Boulevard (County Maintained) and Mercantile Avenue (Non-County
Maintained).
2) Allprove a Budget Amendment for roadway and drainage repairs to Lynnmore
Lane in Pelican Bay.
3) Al}prove Work Order #WMBP-FT-98-4 with Wilson, Miller, Barton & Peek,
Inc. to provide data collection and initial permitting work for proposed
improvements to the Sabai Palm Roadway Extension.
4) Approve a Cooperative Agreement with the South Florida Water Management
District for a replacement bridge at Broken Back Road over the Cocohatchee
Canal.
5) A!~prove Amendment No. 1 to the Professional Services Agreement with Wilson,
Miller, Barton, Peek, Inc. for the Gordon River Extension Basin Study Project
# 31005.
6) Authorize the Public Works Engineering Department (PWED) Director to
Approve a Work Order with Wilson, Miller, Barton, Peek, Inc. to obtain aerial
mapping of Haldeman and Rock Creek Basins Utilizing the Fixed Term annual
contract. Project # 31010, Work Order # WM-FT-99-1.
7) Apl~roval of Budget Amendment to re-al~propriate funds for the completion of
Water Department projects currently in progress.
8) Rejection of Bid #98-2832 for Dcgasi~cr/Mcdia and Header replacement.
9) Rejection of Bid #98-2815 for Domestic Water Meters.
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January 26, 1999
10) Addition to Bid #98-2882 for construction of the 6m Street Sidewalk as part of
the Annual Pathway Project.
11) Approve a Land Purchase Agreement with Pelican Ridge of Naples
Association, Inc. pursuant to Eminent Domain Case No. 95-5071-CA-01-TB for
the recently constructed Vanderbilt Beach Road Four Laning Improvements
(Hammock Oak Drive to Airport-Pulling Road).
12) Approve Amendment No. 4 to the Professional Services Agreement with
Humiston & Moore Engineers for work associated with the Big Marco and
Capri Pass Inlet Management Plan.
13) This item has been deleted.
14) Award a Contract to Gulfcoast Commercial Electric Inc., to construct Master
Pumping Stations Motor Control Renovations, Bid 98-2893, Project 73044.
15) Apl~rove Amendment No. 2 to the Professional Sen'ices Agreement with
Humiston & Moore Engineers for the Marco Island Segmented Breakwater
Project.
16) CONTINUED FROM SEPTEMBER 15, 1998 - To apl~rove the transfer of
I~roperty from Collier County to the State of Florida to satisfy the requirements
of Permit #11-00368-S.
17) Recommendation th:tt the Board of County Commissioners award Bid #98-2901
for the Clam Bay Tidal Creek and Main Channel Dredging to Energy
Resources, Inc. and Ludlum Construction Co., Inc. and apl~rove Chairwoman
to execute the Contract Documents upon Attorney review.
18) Adopt a Resolution authorizing the acquisition by gift, purchase or
condemnation of fee siml}le title interests and/or I~erpetual, nonexclusive, road
right-of-way, side~valk, utility, drainage, maintenance and temporary
construction interests by easement for the construction of the four-laning
improvements for In~mokalee Road (C.R. 846) project between 1-75 and C.R.
951 CIE No. 08.
19) Adopt a Resolution authorizing the closing of the purchase of Rookery Bay
Services, Inc. Utility Company.
C. PUBLIC SERVICES
1) This item has been omitted.
2) Approve the master agreement relating to Services for Seniors Grant Programs
and authorize the Chairman to sign the master agreement between Collier
County Board of County Commissioners and the Area Agency on Aging for
Southwest Florida, Inc.
3) Api~rove the Older Americans Act Continuation Grant and authorize the
Chairman to sign the contract between Collier County Board of Commissioners
and the Area Agency for Southwest Florida.
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January 26, 1999
4) A!~prove an agreement between Collier County and the Gulfcoast Skimmen
Water Ski Show, Inc. for the completion of the grandstand facility
construction.
5) Award a concession agreement for the Golden Gate pool.
D. SUPPORT SERVICES
1) Approval to Award Bid #98-2887 to Shamrock Plumbing Inc. for On-Call
Plumbing Equipment Repair and Maintenance.
2) This item has been deleted.
3) Approval to Purchase Three (3) Full-Size, 2 Door, 4-Wheel Drive Utility
Vehicles from the State of Florida Automobiles and Light Trucks Contract.
4) Award Contract #95-2338 to Law Engineering and Environmental Services
Inc. for the Reifiacement of Integral Piping on Underground Fuel Storage
Tanks.
5) Apl}roval and Execution for Satisfactions of Claim of Liens for Water and/or
Sewer System Impact Fees.
6) Recommendation to Award Bid #98-2898 for the Advertising of Delinquent
Real Estate and Personal Property Taxes.
7) Recommendation that the Board of County Commissioners Apl~rove and
Execute the Notice of Promise to Pay and Agreement to Extend Payment of
Sewer System Impact Fees.
8) Approval of an Agreement bct~vcen the State of Florida Department of
Community Affairs and Collier County to Accept State and Local Assistance
Funding for Emergency M4nagcmcnt Activities.
E. COUNTY ADMINISTRATOR
1) Approval of a Disaster Relief Funding Agreement with the State of Florida,
Department of Community AtTairs.
2) Ap!~roval of Budget Amendments 99-106, 99-108, 99-112
3) Approval of a Contract Amendment with Henderson, Young & Co.
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
H. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to ai~prove the purchase of specialized communications
equipment from confiscated trust funds in order to participate in a Florida
Sheriffs' Task Force.
7
Janua~ 26,1999
2) This item has been deleted.
3) Recommendation that the Board of County Commissioners recognize a
contractual obligation between fiscal years and al~prove carry forward funding.
4) Request that the BCC authorize expenditure of budgeted 301 funds and 199
fund reserve for the purchase of a Printrak International Computer Aided
Dispatch (CAD) System for the Sheriff's Office.
L COUNTY ATTORNEY
1) Recommendation that the Board fortyard Notice to Proceed to the Tax
Collector for tax deed al~plications on the 1996 county tax certificates.
2) Recommendation to al~prove a legal services agreement with Fixel & Maguire
as legal counsel to represent county relating to county's prol~erty acquisition
interests, including eminent domain proceedings, for the North Naples
Roadway MSTU (AKA Livingston Road; Project No. 65041).
3) Recommendation for the Board of County Commissioners to pay the legal fees
and costs of former Isles of Capri Fire Control District Advisory Committee
members pursuant to Collier County Resolution No. 95-632.
4) Request by the Collier Count)' Industrial Development Authority for ai~proval
of a resolution authorizing the Authority to issue revenue bonds to be used to
finance health care facilities for NCH Hcaltthcare System and educational
facilities for The Co~n~nunity School of Naples.
J. AIRPORT AUTHORITY
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND
MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR
APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY
THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING
AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITFEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS
ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO
SPEAK IN OPPOSITION TO THE ITEM.
A. Petition PUD-98-12, Mr. Kevin McVicker, of Phoenix Planning & Engineering,
representing Ann Dee Development, Inc., requesting a rezone from "A' Rural Agriculture
to "PUD' Planned Unit Development to be known as Fountain Park PUD for property
located on the west side of Airport-Pulling Road (C.R. 31), and al}proximately 350 feet south
of Vanderbilt Beach Road in Section 2, Townshill 49 South, Range 25 East, Collier County,
Florida, consisting of 10.14 acres.
B. Petition V-98-22, Walter Chevillet representing Anchorage Condominium, requesting a 10
foot variance from the required 15 foot side yard to 5 feet on the south !~roperty line for
carports for a condominium complex located on Vanderbilt Drive a!~proximately one half
mile south of Wiggins Pass Road.
C. Petition V-98-20, Roger Hill, representing Lowell and Claudia Newton, requesting a 10.3
foot variance to the required 15 foot rear yard setback to 4.7 feet for prol~erty located at
8
January26,1999
520 Bald Eagle Drive, further described as Block B, Lot 18, Naples Bath and Tennis Club
#B, in Section 14, Township 49 South, Range 25 East, Collier County, Florida.
D. Petition PUD-89-23 (1), Mr. Robert L. Duane. AICP, of Hole, Montes& Associates, Inc.,
representing the Jim Colosimo, Trustee, requesting to rezone the property previously
approved as a "PUD" namely the Lawmctka Plaza PUD to a new PUD having the effect of
adding to the list of permitted uses and rclocating the wetland preserve for property located
on the northwest corner of Wiggins Pass Road and US-41, in Section 16, Townshill 48 South,
Range 25 East, Collier County, Florida, consisting of 33.6 acres.
E. Petition R-98-7, William L. Hoover, AICP, of Hoover Planning, representing Marllet
Investment, Inc., requesting a fezone from RSF-3 to C-4 for prollerty located on the east
side of S.IL 951 approximately 700 feet south of U.S. 41 in Section 3, Township 51 South,
Range 26 East, Collier County, Florida consisting of 1.43 +/- acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
9
January 26, 1999
January 26, 1999
Item #3
REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH
CHANGES
CHAIRWOMAN MAC'KIE: We'll call the meeting of the Board of
County Commissioners to order, and we're pleased to have with us
Father Tim Navin, who will lead us in the invocation, and then we'll
have the pledge of allegiance.
FATHER NAVIN: Madam Chairwoman, as we welcome thousands of
winter visitors to beautiful Collier County, we must make every
effort to ease the way for them to practice their religious faith in
the churches and synagogues of our community. We must strive to care
for their spiritual welfare as we welcome their business in our
community. Let us pray.
Lord, bless your people and make them holy so that avoiding evil
and doing good, they might find in you the fulfillment of their every
longing. Amen.
CHAIRWOMAN MAC'KIE: Thank you, Father.
(Pledge of allegiance was recited in unison.)
CHAIRWOMAN MAC'KIE: And before we talk about changes to our
agenda, I have a little presentation that's not on the agenda that I
want to get to make today to Commissioner Berry. This is a plaque
that we're presenting to Commissioner Berry this morning that says,
"In grateful appreciation for outstanding leadership, to Barbara B.
Berry, Chairman, January 6th, 1998 to January 12th, 1999, presented
this 26th day of January, 1999." We sincerely appreciate your
leadership.
(Applause.)
COMMISSIONER BERRY: Thank you very much. Thank you.
CHAIRWOMAN MAC'KIE: I like surprises.
COMMISSIONER BERRY: This is a surprise.
COMMISSIONER CARTER: Is that enough light?
COMMISSIONER BERRY: Definitely my pleasure to serve the board,
and I thank you very much for this, Madam Chairman.
CHAIRWOMAN MAC'KIE: You are welcome.
Do we have any changes to the agenda this morning?
MR. FERNANDEZ: Yes, Madam Chairwoman, we do.
The first item is to move item 16(B)(17), which is a consent
item, to the regular agenda at 8(B)(3). It's a recommendation that
the Board award Bid No. 98-2901 for the Clam Bay Tidal Creek and main
channel dredging to Energy Resources and Ludlum Construction, and
approve Chairwoman to execute the contract documents upon attorney
review.
The next is to move Item 16(B)(18), that's 16(B)(18), to
8(B)(2). Again, that's from consent to regular. Adopt a resolution
for road right-of-way sidewalk, utility, drainage, maintenance and
Page 2
January 26, 1999
temporary construction interests by easement for the construction of
the four-laning improvements for Immokalee Road.
The next is to move Item 16(H)(4) to ll(A)(1), again, from
consent to regular. It's a request for the purchase of a Printrak
International Computer-aided Dispatch, CAD system, for the Sheriff's
Office.
The next is to move Item 17(A) to 12(B)(3). That's from summary
to regular. This is a petition PUD 98-12 rezone from "A" rural
agriculture to PUD to be known as Fountain Park PUD, vacated on the
west -- I'm sorry, located on the west side of Airport Pulling Road
south of Vanderbilt Beach Road.
And the last item is to move 17(D) to 12(B)(2). Again, that's
from summary agenda to regular. That's Petition PUD 89-23(1). This
is --
COMMISSIONER CONSTANTINE: Could I ask you to repeat the first
change? It wasn't printed on our change sheet.
MR. FERNANDEZ: The first change that I read this morning, Madam
Chairwoman, is to move item 16(B)(17) to 8(B)(3).
COMMISSIONER CONSTANTINE: Thank you.
CHAIRWOMAN MAC'KIE: That's the Clam Pass --
MR. FERNANDEZ: Clam Bay Tidal Creek dredging.
CHAIRWOMAN MAC'KIE: Okay. Commissioner Berry, any changes?
COMMISSIONER BERRY: No changes.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: No changes today.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: Two changes. I'd like to withdraw
item 10(E). What with you guys adding all these on, I thought we
ought to take one off.
CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CONSTANTINE: However, I will balance that sheet
out by moving 16(B)(5) to the regular agenda, which I assume then
becomes 8(B)(4).
CHAIRWOMAN MAC'KIE: What's the topic of that?
COMMISSIONER CONSTANTINE: Professional services agreement with
Wilson-Miller for the Gordon River extension basin study project.
CHAIRWOMAN MAC'KIE: Thank you. Anything else?
COMMISSIONER CONSTANTINE: That is it.
CHAIRWOMAN MAC'KIE: Commissioner Carter?
COMMISSIONER CARTER: No changes.
CHAIRWOMAN MAC'KIE: Okay, how about a motion on the agenda?
COMMISSIONER CARTER: I so move.
COMMISSIONER BERRY: Second it.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: The agenda is set.
Page 3
A GENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
JANUARY 26~ 1999
MOVE: ITEM 16(B)(17) TO 8(B)(3) - RECOMMENDATION THAT THE BCC
AWARD BID #98-2901 FOR THE CLAM BAY TIDAL CREEK AND MAIN
CHANNEL DREDGING TO ENERGY RESOURCES AND LUDLUM
CONS TR UCTION AND APPR 0 VE CHAIR WOMAN TO EXE CUTE THE
CONTRACT DOCUMENTS UPON ATTORNEY REVIEW (COMMISSIONER
MAC 'KIE).
MOVE: ITEM 16(B)(18) TO 8(B)(2) -ADOPT A RESOLUTION FOR ROAD RIGHT-
OF-WA Y, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND
TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE
CONSTRUCTION OF THE FOUR-LANING IMPROVEMENTS FOR IMMOKALEE
ROAD. (STAFF'S REQUEST).
MOVE ITEM 16(H)(4) TO 11(A)(1) - REQUEST FOR THE PURCHASE OF A
PRINTRAK INTERNATIONAL COMPUTER AIDED DISPATCH (CAD) SYSTEM
FOR THE SHERIFF'S OFFICE. (COMMISSIONER CARTER).
MOVE: ITEM 17(A) TO 12(B)(3) - PETITION PUD 98-12 REZONE FROM "A"
RURAL AGRICULTURE TO PUD TO BE KNOWN AS FOUNTAIN PARK PUD
LOCATED ON THE WEST SIDE OF AIRPORT-PULLING ROAD SOUTH OF
VANDERBIL T BEACH ROAD. (STAFF'S REQUEST).
MOVE: ITEM 17(D) TO 12(B)(2) - PETITION PUD 89-23(1) - REZONE THE
LAWMETRA PLAZA PUD TO A NEW PUD HAVING THE EFFECT OF ADDING
TO THE LIST OF PERMITTED USES AND RELOCATING THE WETLAND
PRESERVE FOR PROPERTY LOCATED ON THE CORNER OF WIGGINS PASS
ROAD AND US 41. (STAFF'S REQUEST).
January 26, 1999
Item #5A1
PROCLAMATION PROCLAIMING THE MONTH OF FEBRUARY AS BEACH AND WATER
SAFETY MONTH - ADOPTED
We don't have any minutes. We do, however, have some
proclamations. Commissioner Carter has a proclamation, I believe.
COMMISSIONER CARTER: I do?
CHAIRWOMAN MAC'KIE: You do.
COMMISSIONER CARTER: Let me find this proclamation right here.
Right here.
WHEREAS, the beautiful coastal waters of Collier County
represent a world-renown recreational resource; and
WHEREAS, Collier County residents and visitors alike are drawn
to these beaches by the millions each year for beach and water
activities; and
WHEREAS, the aquatic environment has dangers that can be
effectively managed through public awareness; and
WHEREAS, for reasons for public safety, a reminder the joys and
hazards associated with the aquatic environment are appropriate
during this busy beach season; and
WHEREAS, residents and visitors alike must remember to learn to
swim, never swim alone, and don't fight the current, take cover
during thunderstorms, drink extra fluids, practice sunburn
prevention, and do the stingray shuffle; and
WHEREAS, all persons using our beaches and costal waters are
urged to enjoy themselves while taking appropriate measures to
protect themselves and their children.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that February be designated
as Beach and Water Safety Month.
Done and ordered this 26th day of January, 1999, Board of County
Commissioners, Collier County, Florida, Pamela S. Mac'Kie,
Chairwoman.
And I think a representative is here for us to view this
proclamation.
CHAIRWOMAN MAC'KIE: You want to move acceptance?
COMMISSIONER CARTER: I move that this be accepted.
COMMISSIONER BERRY: I'll second it.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: The proclamation is accepted. Thank you.
(Applause.)
CHAIRWOMAN MAC'KIE: Thank you.
Page 4
JAN 2 6 1999
PROCLAA4A TZON
the beautiful coastal waters of Collier Count)/represent o world
renOWned recreational resource,' and,
WHEREAS, Collier County residents and visitors dike ore drawn to these
beaches by the m/l/ions each year for beach and water oct/v/ties,'
and,
the aquatic environment has donpeps that con be effectively
manaped throuph public awareness,' and,
for reasons of public safety, a reminder of the joys and hazards
associated with the aquatic environment ore appropriate durin9 this
busy beach season,'
WHEREAS, to/earn to swim, never
swim durin9 thunder-
and do the
to enjoy
WHEREAS, "!!!'=?';' :':' 'Y" :: !?::"':' ' ..........themselves
NOW of
~ os
DONE AND
COLLIER COUNTY, FLORIDA
~'AAELA 5, AAACKZ~
O ~vsb~ E ~RbCK~L~;~K ~
January 26, 1999
Item #5A2
PROCLAMATION PROCLAIMING THE MONTH OF JANUARY AS VOLUNTEER BLOOD
DONOR MONTH ~ ADOPTED
Okay. Our next proclamation is Commissioner Constantine.
COMMISSIONER CONSTANTINE: Our local vampire, Vickie Gaeta is
here.
CHAIRWOMAN MAC'KIE: Oh, I'm sorry, did you want to say
something?
MS. SELLARS: Yes, ma'am.
CHAIRWOMAN MAC'KIE: Please forgive me. I'm still getting used
to this.
MS. SELLARS: Good morning. I'd like to thank the Board of
County Commissioners for your support of the Beach and Water Safety
Month. On behalf of the parks and recreation department and the park
ranger service, I accept this proclamation with great pride and
satisfaction.
COMMISSIONER CONSTANTINE: Janet, I was just commenting to our
chairwoman that when it says be aware and has sunburn there, this
Irish skin of mine is very, very aware of that.
CHAIRWOMAN MAC'KIE: Thank you.
And your name for the record?
MS. SELLARS: Janet Sellars.
CHAIRWOMAN MAC'KIE: Thank you.
MS. SELLARS: And may I introduce Mr. Edwin Jay Quay (phonetic)
from the Friends of Tiger Tail Beach.
MR. QUAY: Would it appropriate for us to say a few words here?
CHAIRWOMAN MAC'KIE: Please.
MR. QUAY: Just briefly, I want to thank this board on behalf of
the Friends of Tiger Tail Beach, a nonprofit Florida corporation.
Your proclamation making February Beach and Water Safety Month is
very meaningful, not only to us but to everyone else.
Collier County has been blessed with a beautiful shoreline. A
responsibility, however, is imposed on all who use this resource to
know its fragileness and something of the shore birds, fish, and
shells that inhabit it. Whether we are skiing in Vail, Colorado or
fly fishing on the stream and wading in Northern Michigan or walking
on one of your many Collier County beaches, there are dangers and a
need for awareness.
We are most impressed with Collier County's park and rec
rangers. They've been helpful, approachable, eager to teach. The
Friends of Tiger Trail Group felt that a beach awareness pamphlet
would be in order. We suggested it. Many hours of her own time were
spent by Ranger Janet Sellars. We appreciate that.
Page 5
January 26, 1999
We know of no other county board anywhere in the country that
has set aside a similar proclamation. We hope that what you've done
today will be adopted throughout the country. And wherever there is
a shoreline, whether it's saltwater or freshwater, we think it's
important that they heed your advice. You should be commended, the
parks and recreation department and its rangers should be saluted for
a job well done. Thank you, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: And we thank you.
COMMISSIONER NORRIS: Give him five more minutes.
CHAIRWOMAN MAC'KIE: Absolutely.
And now we'll go to our vampire with Commissioner Constantine.
Where is she?
COMMISSIONER BERRY: I think we have got more people.
COMMISSIONER CARTER: We've got more people to talk.
CHAIRWOMAN MAC'KIE: No, we won't, Vickie. I'm just dying to
get you up here.
COMMISSIONER CONSTANTINE: I promise third time will be a charm.
MS. SELLARS: Excuse me. Carol Timbers, Barefoot -- Friends of
Barefoot Beach.
CHAIRWOMAN MAC'KIE: I'm going to get this down pat. Please
forgive me.
MS. TIMBERS: Good morning.
CHAIRWOMAN MAC'KIE: Thank you.
MS. TIMBERS: I wanted to tell you just a little bit about
Barefoot Beach, where it is and what we do. It's an organization of
about 500 members. It's located in the northern -- northwestern most
corner of Collier County. And we have built a learning center there
that we use to educate and help inform people on the fragile
environment that we have in the preserve and elsewhere in Florida.
Every Saturday morning we have lectures at 10:15 a.m., following
a wonderful beach walk by the ranger. And during that time, we have
speakers that speak on animals and the wildlife that exists in the
preserve. Also, the shell craft and shells that are found, birds,
everything that you could think of, they come forth with wonderful
lectures. And we would like to have more people come out. We have
approximately 75 people per lecture at the present time.
Our other purpose is to give a place for people to come in,
relax. We have lots of books, educational material on the
environment. We want people to become aware of the beach and things
that happen there.
The program that will be brought out there by the rangers during
February on beach and water safety will definitely compliment what we
are doing. And I think this will make it better for more people to
have a wonderful time while they're there.
We would like very much to have people come out and join us,
either daily -- we have display material in the learning center
itself, such as books and visual displays. We have a wonderful
Page 6
January 26, 1999
butterfly garden next to the learning center, and most everyone seems
to enjoy that. So welcome and come and see us, and we will be happy
to help you with whatever you'd like.
CHAIRWOMAN MAC'KIE: Thank you. We really do appreciate all the
work that both of your organizations do for the county and for the
parks. Thank you.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: I don't want to do it anymore.
Vickie, I think the third time is a charm.
Now, you think the military recruiters have a tough time,
Vickie's the senior donor recruiter for our local blood center. And I'd like to read the following proclamation:
WHEREAS, more than four million patients have been given a
second chance because of the caring generosity of blood donors; and
WHEREAS, every three seconds someone needs blood, and every day
approximately 40,000 units of blood are used throughout the nation;
and
WHEREAS, medical research has achieved remarkable progress to
ensure that all Floridians have access to a safe and adequate blood
supply; and
WHEREAS, the need for additional healthy blood donors to join
the ranks of those who already give is greater than ever before, and
the nation's supply needs constant replenishment; and
WHEREAS, an estimated eight million people donate blood in the
United States each year.
Are you one of them?
CHAIRWOMAN MAC'KIE: Yeah.
COMMISSIONER CONSTANTINE: But you will be now.
WHEREAS, each day thousands of Floridians undergo surgery for
some procedure that may be routine, for others a specialized
requirement may exist, such as an organ transplant, or for many an
emergency condition my demand instant care; and
WHEREAS, a blood transfusion can often mean the difference
between life and death.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that January, 1999 be
designated as Volunteer Blood Donor Month in Florida, and urge
residents to consider giving blood, the gift of life.
Done and ordered this 26th day of January, 1999, Board of County
Commissioners, Pamela S. Mac'Kie, Chairwoman.
Madam Chairwoman, I'd like to make a motion we approve this
proclamation.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Thanks.
Page 7
January 26, 1999
(Applause.)
MS. GAETA: I'd like to take this opportunity to thank Tim and
the rest of the Board of County Commissioners, as well as the Collier
County government, who has been so supportive of our efforts, the
Community Blood Center of Naples and Bonita Springs.
January has been deemed as National Volunteer Blood Donor Month
for two reasons: To take the opportunity to say thank you from the
bottom of our hearts to all of those who have, in fact, taken out an
hour of their time to donate a pint of blood; and also, to take the
opportunity to educate the community. And we have had wonderful
media support as well over the last month.
So thank you. Please remember that we do, in fact, need blood
donors, we need folks who are blood donors to donate on a regular
basis, as well as those to please consider becoming a blood donor if
you're not. So thank you very much.
And I'd also like to mention, we will be bringing our blood
mobile to the Collier County Government Complex February 17th and
18th, and our bus will be parked outside the courthouse. So thank
you very much again.
CHAIRWOMAN MAC'KIE: Thank you, Vickie.
Page 8
P R O ,C L A ,fI A T Z O N
WHEREAS, more than 4 million patients hove been given o '~econd chance"
because of the carin9 generosity of blood donors,' and,
N/HEREAS, .every three seconds, someone needs bbod, and every day
approximately 40,000 units of blood ore used throughout the notion,'
and,
14/HEREA~, medical research has achieved remarkable progress to help ensure
that a// F/or/d/ans have access to a safe and adequate blood supply;
and,
WHEREA~, the need for additional healthy blood donors to join the ranks of
those who already g/re i~ greater~' than ever beta?e, ~nd the nation~
~upply needs constant replenishmerit,' and
N/HEREA~, an estimated 8 blood in the United 5rates each
year,' and
N/HEREA~, each. of for some the
be requirement may
~s an emergency
may
14/HEREAS, r tween life and
NOW of of
in blood. ~ . the 9ift of
life.
DONE AND ORDERED THI,,~ 26fh Day of ~Tanuary 1999.
BOARD OF COUNTY COMMISSIONER5
COLLIER COUNTY, FLORZDA
D H/I6HT E BROCK, CLERK
January 26, 1999
Item #SB
EMPLOYEE SERVICE AWARDS - PRESENTED
Now we have service awards. And I'd like to ask James
Scarbrough to come forward to recognize him for 15 years of service
in the County Road and Bridge Department.
(Applause.)
CHAIRWOMAN MAC'KIE: Next, we have Richard Lockerby for 10 years
in Water Distribution.
(Applause.)
CHAIRWOMAN MAC'KIE: Next is Steve Peffers for 10 years, Parks
and Recreation.
(Applause.}
CHAIRWOMAN MAC'KIE: Robert Reeder for 10 years in the Water
Department.
(Applause.}
CHAIRWOMAN MAC'KIE: And finally, Greg Thacker, five years in
Wastewater.
(Applause.)
Item #7A
JOE BLAZEK, JR. REPRESENTING MESSIAH LUTHERAN CHURCH REQUESTING A
VARIANCE TO UPGRADE/REPLACE SIGN - MR. BLAZEK TO WORK WITH STAFF TO
BRING SIGN INTO COMPLIANCE
CHAIRWOMAN MAC'KIE: ***Moving on now, we have a public petition
from Joe Blazek, representing Messiah Lutheran Church. Is he here?
Sir, thank you for being here. You'll have up to 10 minutes to
make a presentation to the Board, and we'll decide -- we won't make
decisions, but we may give staff direction based on your petition
today.
MR. BLAZEK: Thank you. I'm Joe Blazek, representing Messiah
Lutheran Church, petitioning this board for a variance to upgrade and
replace our messy sign at 5800 Golden Gate Parkway. I have something
I'd like for you to have.
CHAIRWOMAN MAC'KIE: If you'd give it to the county attorney,
please, sir, he'll pass it out to us.
MR. BLAZEK: To replace and upgrade our sign at the church, we
feel that our church and the community as well will benefit from the
interior lighted sign. It will illuminate the message, making it
easier to see, to read from a passing car.
Our present sign is poorly lighted and it's hard to see. It's
inadequate for messages. And we have the funds, and the new sign
will correct the lighting and the additional size needed.
Page 9
January 26, 1999
And the reason I asked to be here, and I appreciate this, I
understand that in the county corner lots are only entitled to one
sign. In the city they have two. And I appreciate it and feel that
it's necessary for our sign to be replaced, and it will enhance our
property and the community.
COMMISSIONER CONSTANTINE: Joe, correct me if I'm wrong, you've
got a couple of signs there now. You have the one that has the
church name, and the other one is the sign we're looking to replace.
All you want to do is put a more attractive version of the same thing
there?
MR. BLAZEK: Correct.
CHAIRWOMAN MAC'KIE: Is that just something that could go
through the variance process? Mr. Mulhere?
COMMISSIONER NORRIS: I'm wondering why --
MR. FERNANDEZ: Mr. Mulhere could speak to this.
CHAIRWOMAN MAC'KIE: Instead of just going through as a
variance.
COMMISSIONER CONSTANTINE: I think part of the question was also
the expense associated with that, the church. Just wanting to have
the same thing, and it's going to cost, I don't know how much, $500.
MR. MULHERE: I really don't have any of the details. Excuse
me, for the record, Bob Mulhere, Planning Services Director.
I really don't have any of the details. I haven't looked at the
proposal. We did try to contact the church to see if we could get
some of that information up front. We were not successful prior to
the meeting.
I'd be happy to look at it, and if there's any way that we can
resolve it without bringing it through a variance, we'd be happy to
do that. And I think that's probably the best course of action.
MR. BLAZEK: I have a set of plans. Would you like to have
those now?
MR. MULHERE: Yes.
COMMISSIONER CONSTANTINE: In our discussions -- just so you
know why this is here. In our discussions, there was a concern,
there's a charge up front, and the code does say on a corner lot,
one. They already have two. They're just trying to make it more
attractive than it is right now. They were worried.
Money is a concern for the church. And secondly, it's put the
money up and don't -- didn't have any chance at getting that, then
they didn't want to throw that money away.
So I just wanted to get some indication from the Board, I guess,
if it's a commonsense approach. I think our staff will be very
cooperative with that and I'm sure that the Board will be.
COMMISSIONER NORRIS: I have a couple of questions.
MR. MULHERE: I would just add, in fact, the code does allow, as
long as there is a reduction of the nonconformity in some way or
Page 10
January 26, 1999
another, then the nonconformity can remain. And so I think we can
take a look at that and resolve that issue.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: Does this proposed sign meet code?
MR. MULHERE: I haven't even --
CHAIRWOMAN MAC'KIE: It doesn't --
MR. MULHERE: -- looked at it, Commissioner Norris.
COMMISSIONER NORRIS: You haven't seen it? It's 60 by 108
inches, it says.
MR. BLAZEK: Code requires eight by four.
MR. MULHERE: So that would be a little -- sounds like it's a
little bit larger than code requires.
COMMISSIONER NORRIS: Well --
MR. MULHERE: And that would be one way that -- according to the
Land Development Code, if the sign is brought in one form or another
into conformance, then even though it may not otherwise be
permissible, it's allowed to remain.
CHAIRWOMAN MAC'KIE: So in other words, if you improve your sign
by making it maybe the size that the code requires, which might be a
little smaller than what you currently have, then you might avoid the
process of a variance all together and just get your permit and go on
your merry way.
MR. MULHERE: That's correct.
CHAIRWOMAN MAC'KIE: Which is what I hope is possible. I'd like
to encourage that.
COMMISSIONER NORRIS: That's what I'm getting at.
CHAIRWOMAN MAC'KIE: Okay. Is that sufficient direction to
staff? Do you --
MR. BLAZEK: We would comply by that.
CHAIRWOMAN MAC'KIE: Thank you, sir.
Thank you, Bob.
COMMISSIONER CONSTANTINE: Bob, you'll get with Mr. Blazek?
Thanks.
Item #8A1
BUDGET AMENDMENT TO FUND THE RELOCATION OF THE HOUSING AND URBAN
IMPROVEMENT DEPARTMENT, INSTALLATION OF DEHUMIDIFICATION EQUIPMENT,
BALANCING THE A/C SYSTEM, AND INTERIOR BUILDING RENOVATIONS AT THE
DEVELOPMENT SERVICES CENTER - APPROVED
CHAIRWOMAlq MAC'KIE: The next item, 8(A), we've just been handed
a replacement, corrections on the budget amendment to fund the
relocation of the Housing Urban Improvement Department. Mr. Cautero?
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CONSTANTINE: I'd like to see that.
Page 11
January 26, 1999
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CARTER: What change?
MR. CAUTERO: Vince Cautero, for the record. On the bottom of
the page -- and I will hand one out to the court reporter and Mr.
Fernandez and Mr. Weigel in a moment. I just noticed it this
morning, I apologize. The bottom of the page where it says "other
contractual services," that should read "renovations, hard
construction costs in accordance with the plan or per plans by Brook
Swanson, architect." It's not the architect's fee, it is the actual
hard construction cost as developed by that particular architect.
And that's a change that you needed to be aware of. I did not want
you to think that we were paying an architect $91,000. COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: We've got a motion and a second. Is there
any discussion on the motion? If not, I'll call the question.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Item #8B1
FURTHER INFORMATION REGARDING STATEWIDE EFFORTS TO ACQUIRE AVATAR
HOLDINGS, INC. UTILITY SYSTEMS - STAFF TO KEEP OPTIONS OPENI
INTERLOCAL AGREEMENT APPROVED WITH CHANGES
Okay. Item 8(B)(1), further information regarding state-wide
efforts to acquire Avatar Holdings Utilities. Mr. McNees?
MR. McNEES: Good morning, Madam Chairwoman, Commissioners.
Mike McNees from the County Administrator's Office.
You will recall that in August you heard a presentation from
what we'll call a working group that's working to create a state-wide
utility authority whose purpose would be to acquire the holdings of
the Avatar Holdings, Inc. Utility Systems. That working group is
forming a confederation of counties within which the Avatar
operations are located.
You at that time expressed no interest in actually joining that
confederation of counties, and being a part of the utility authority,
but we're told by the working group that they would provide you
further information as the deal developed, and so that you would be
one in the loop and you would understand what your options were along
the line as far as potential acquisition or how your role would be
relative to that state-wide utility authority.
There's considerable additional information now available that
the working group has provided. We felt like it was appropriate for
Page 12
January 26, 1999
you to know where that stood since it does affect a significant
utility in Collier County.
They're in the process of drafting up documents to proceed with
the potential acquisition of Avatar, shooting for a closing date of
late March. And with regard to that, you have an opportunity to what
they're calling preserve your right to acquire the local Avatar
system without joining in the state-wide authority.
And I have had considerable conversation with members of that
working group to determine just exactly what does that mean, what do
you have to do to preserve that right.
They're assuring me that the only thing the Board of County
Commissioners has to do, the only official action that you have to
take, is merely make a motion saying we wish to preserve our right to
acquire the Avatar utility at some future date at a price to be fixed
at the time of the acquisition, without binding yourselves to
actually being committed to doing that. And they're telling me that's
all it takes. And in fact, if you have questions about that, there's
a representative of the working group here today.
The price that has been at least tentatively fixed is fairly
attractive, at least based on very preliminary information that has
been developed in past years when the county was interested in more
actively the acquisition of that system and some preliminary
engineering work that was done at that time.
So from a staff point of view, given the assurances that this is
not any kind of a binding commitment, but rather just a preservation
of your right, the reason they're asking for that now, being the
documents have to be crafted in such a way as to build that right
into the actual structuring of the utility authority, but the staff
doesn't really see a negative or a potential hazard to this.
There's a secondary option that you could preserve, I am told.
And again, Mr. Lawson is here, if you'd like to ask further questions
about the details of this. Preservation of your right to actually
assume the debt that will be issued for the overall state-wide
acquisition. That would be to assume the portion of the debt that
relates to the local Avatar system. That, if you were to select that
and to want to reserve that right, that would probably commit to some
staff effort. Because for us to be a part of that and for us to have
the ability to assume those bonds, there would be staff effort
involved in the development of that issue, I'm sure, at some level in
terms of credit review of the county before it would be agreed upon
by the bondholders to have that assumption to be automatically
available.
So if you were to choose to preserve an option to assume a
portion of the bonds later, to do the -- if you were to choose to
acquire the system, that would probably require some staff effort.
Not a significant amount or a large dollar amount, but it would be
Page 13
January 26, 1999
committing to some staff effort, which is the only cost you would
have involved at this time, if you wish to preserve those rights.
I think that's really the simple of it. We could talk about how
the deal works in endless detail, and I don't think you're probably
interested in that this morning, but -- so the question for you today
is whether or not you want to by motion preserve a right to acquire
the local Avatar holdings from the state-wide utility authority at a
later date. Mr. Lawson from the working group is here if you have
any questions about that preservation.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: Several questions and comments.
First, when you go to page two of the agenda item and it talks about
the term buyout at 27 million-plus, and it says that's substantially
less than anticipated by the County Commission, and it's August 4
discussions, or 48 million apparently discussed by the Golden Gate
Civic Association in '94, '95, the numbers that were discussed in the
past were not just a buyout number, they were buy and build-out.
And the important thing to remember with the Florida City system
is, there are all kinds of roads out there that are either partially
serving, there are pipes running down the road, but everyone isn't
hooked up. But there are a number of streets, neighborhood streets,
that just aren't hooked up.
So the way the county operates its utilities is we require
people to hook up. And also, if we're going down a main road, then
we hook up an entire area. So that 27 million, we're not seeing a
bargain that's 21 million less than the other number we talked about.
That's just to get what's there.
We will still have, if we choose to get involved at some point,
the additional cost of buying out the system. But I don't know that
there's really a differential between what was talked about and this.
Question for you: How will this -- if this transaction takes
place, how will it impact the rate control?
We took back rate control up to three years ago between 1989 and
1994, or 1995. Florida Cities saw three substantial rate increases,
and that's -- the Board had the option in 1995 to take back control
from the Public Service Commission, which we did. And we have seen
virtually no increase since that time. I'm not real enthusiastic
about the idea of surrendering that back to the state again. And I'm wondering, will this impact that at all?
MR. McNEES: I can tell you what I know about that, and I think
Mr. Lawson may want to answer that probably a little further.
If you were to eventually acquire the utility, obviously you
would completely control rates, because it would be your utility.
Within at least our ability to control costs, you would have that
ability to control rates.
If the state-wide authority comes into being, I have been told
by the working group that it could be written into the documents that
Page 14
January 26, 1999
you would have either a collaborative role or an oversight role of
the rate-making process.
Now, how that would work, I do not know, and I think probably
that's the question Mr. Lawson would have to answer.
I guess I would say to you that to some degree, they need to
satisfy you to get you on board, at least not opposed to the creation
of this state-wide authority, because you probably have an ability to
effect its -- whether or not it happens, to some degree.
So I think -- I know Mr. Lawson's here, and I don't see him
running up to the microphone.
CHAIRWOMAN MAC'KIE: Can I ask you a question, Commissioner
Constantine?
COMMISSIONER CONSTANTINE: Sure.
CHAIRWOMAN MAC'KIE: All of these questions, of course, are
extremely important, but how do they bear on the question of whether
or not we want to continue to be involved in the process? It seems
to me there is evidence for the fact that we do.
COMMISSIONER CONSTANTINE: No, there -- it's not something I
have any interest in participating in, if Collier is no longer going
to have any voice in rate control. But there are a number of points
here, and I appreciate the chance to go through them. CHAIRWOMAN MAC'KIE: Of course.
MR. McNEES: Commissioner, to your first point, before I turn it
over to Mr. Lawson, we are not in any way trying to represent whether
that price is a good deal or a bad deal. We've only seen very
preliminary numbers. And I appreciate your attention to that.
COMMISSIONER CONSTANTINE: Yes, just as a point said, that's
substantially less than anticipated by the Commission. I don't want
anybody to think we're getting a bargain there. We still get a
build-out cost if we should ever choose to go ahead.
I'd like to know both from Mr. Lawson and from our own attorney
where -~ maybe I don't understand the structure of this. I've heard
the term quasi-judicial thrown around -- quasi-governmental, I mean,
thrown around. And it's either government or it's not. And if it is
not, then it's still a private utility. And I assume the county
still has the same authority it does over any other private utility,
the way we structured our laws in 1995. So I need some help
understanding that.
MR. LAWSON: I'll take that as a lead to begin. My name is Mark
Lawson. I'm with Nabors, Giblin and Nickerson. I work in
Tallahassee. It's a pleasure to be here and to address you, and I'm
happy to answer any questions you might have.
Specifically, the government utility authority that's at issue
here is a utility authority that would be created under Chapter 163,
which is a -- which is created by interlocal agreement amongst one or
more cities or counties in the state. It will be a public entity
Page 15
January 26, 1999
subject to all of the requirements that public entities operate
under, Sunshine, et cetera.
The rate issue is -- has been addressed in this confab also by
Sarasota County, interested in oversight in rates. They regulate
rates in a fashion similar to that of Collier County.
As a matter of fact, your administrators that do that for you
here, I believe, set up the division in Sarasota County to do that.
Sarasota has exhibited an interest to participate in the interlocal
and has requested that their regulators have the ability to oversee,
if you will, rates.
With the acknowledgement and understanding that the principal's
rate setting for a public sector entity are somewhat different than
they are for an investor-owned entity. The concepts of rate base are
not used in the public sector approached traditionally.
The objective with the GUA to set its rates, whether there's
oversight or not, is that the rates would be fundamentally -- and I
want to emphasize this -- fundamentally a result of the cost to
operate this system. No cost will be shared from other systems. In
other words, the constituents in one jurisdiction won't pay for
services or facilities in another jurisdiction. That's a fundamental
principle involved here. The GUA folks have said that they accept
oversight by the county.
COMMISSIONER CONSTANTINE: In a similar capacity to the way it's
done now, realizing the differential between --
MR. BLAZEK: Yeah, there has to be because they're different
approaches.
COMMISSIONER CONSTANTINE: Just when we say oversight, I don't
want that -- I don't want it to be deceived in any way. That's still
with some measure of control, not with a recommending --
MR. LAWSON: Absolutely. But I think that, you know, the bottom
line is they want to operate a well run, cost efficient utility
operation that has to pay its debt and its cost of operation.
MR. McNEES: Are we saying -- if I may, Commissioner, Mark, are
we saying that the state-wide utility authority would grant rate-
making jurisdiction author -- jurisdictional authority, or approval,
if you will, to the Collier County rate regulations?
MR. LAWSON: They've done that with Sarasota in the interlocal.
Now that would have to be by some form of interlocal, the details of
which we'd have to develop. But they've said they would do that.
COMMISSIONER CONSTANTINE: When you talk about obviously paying
operational costs and so on, is the theory that this could be less
expensive because you don't have the same rate of return that --
MR. LAWSON: That goes into the -- that certainly goes into the
equation. The profit issue should come out.
I should tell you the transaction is predicated on the fact that
Avatar will receive for a short period of time through May of the
year 2000 as an additional consideration the ability to continue to
Page 16
January 26, 1999
operate on all of these systems. That was a fundamental component of
negotiations. Those prices to operate have been fixed.
We are furiously working to iron out the details to make sure
that the level of services are the same that they've been providing
all along. There's a -- that makes for a smooth transition. The
idea is to have seamless transition. But it also gives both Avatar
and the GUA and the effective ratepayers the opportunity to really
have Avatar show what it can do. They are in the business of
operating utilities around the state. If they do a good job, it
becomes a marquis effort for them. If they don't do a good job, it's
a short fuse to the time that it gets bid out again.
COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, the point of
all that is just to -- we saw in the Golden Gate community on that
private utility three increases in five years under the PSC. One
year, one increase alone was an 81 percent increase. And so we don't
want to return to having Tallahassee make those decisions. And I
want some comfort level with doing that.
We've also at our own level lowered the administrative cost from
4 1/2 percent administrative cost to 11/2 percent, so we start
adding that up over the big picture, it's a lot of money.
The other item I had a lot of question about is this non-binding
letter. What does that achieve, and how does that lock in any price
or any process for us, and what's different if we choose not to do
that then what happens five years from now the commission says, well,
we'd like it?
MR. LAWSON: The principle of creating the government utility
authority, if you recall, is to allow governments with a commonalty
of interest having these systems in their midst to work together to
bring these into public ownership without necessarily having the
facilities and the debt for those facilities appear on each
individual government's balance sheet. But at the same time, at all
times the government's involved, whether they participate in the
interlocal agreement or not.
The general purpose of county government, each jurisdiction,
will have the right at any time in the future ~- this is a part of
the charter of the GUA, the interlocal -- to acquire that utility
system in its midst, essentially for the outstanding debt of that
system. That's what Mr. McNees was discussing with you today.
Whether Collier County participates or not, that option would be
available to Collier County.
In addition to that, because interest rates are relatively low,
if -- when I was living in this community and working in this
community and people thought a 12 percent house mortgage was a good
deal, had told me that interest rates for this type of financing
would be in the 4 percent range, I would never have believed them.
So with that in mind, the bonds could be structured so Collier
County would have the right to assume the debt in the future. In
Page 17
January 26, 1999
other words, it could achieve the cost savings if interest rates
moved up again, but Collier still wanted to acquire the system.
That's a second alternative for the county. That involves some
participation by the county in structuring the bonds.
If the county would like to preserve the right to acquire,
whether it wants to assume or not, we could do that with, I would
say, a one or two-page interlocal agreement between the county and
the utility authority. And that way you could still preserve that
right, we would document that, but you would not necessarily have to
be involved as a member of the Board of governmental utility
authority.
COMMISSIONER CONSTANTINE: The first paragraph on our third page
talks about the public ownership as expected to advance and
coordinate both short and long-term planning with the county to
better facilitate service and development of water and sewer
infrastructure in the area. What do we anticipate developing there?
MR. LAWSON: Well, the facts in the area commonly referred to as
Golden Gate City, which is the urban subdivided four sections, the
facts are that not -- as you said, all that area is served. This
utility authority has committed to all of the governments involved to
comply with their comprehensive plans in terms of facility planning.
And they would engage in strategic planning with county government to
carry out those plans.
For instance, you had road improvement projects and it was an
opportune time to serve an area, I would think you'd want to have
intergovernmental cooperation so that a sewer line is put in when a
road improvement project is put in and the cost is shared, as opposed
to independent someone running a sewer line down and then having to
fix the road or the road being fixed without a sewer line put in.
That type of intergovernmental cooperation that complies with A,
county comprehensive planning concurrency; and B, simply is involved
in cooperative strategic planning.
COMMISSIONER CONSTANTINE: The county's comp. plan also requires
people to hook up if the service goes by. When you say you'd like to
comply with that, will the authority have the authority and/or the
desire to do that in those existing locations in Golden Gate?
MR. LAWSON: That's always a difficult issue. And I think that
the authority is going to have to be conscious of that in Golden Gate
and several other areas where there are septic tanks and wells. I
don't know the details of how that will sort itself out.
We are -- we're a public sector people. We're particularly
sensitive to those issues. It has to be done in a way that's
sensitive to the people that have a house with a well and a septic
tank. You have to find ways to accommodate both their fiscal or
financial needs. You have to deal with the overall planning of a
central system, so you can deliver the services.
Page 18
January 26, 1999
It's a balancing act, Commissioner. And all I can tell you is,
this authority would do that in concert with local government every
step of the way. And I know of no other way to do that.
COMMISSIONER CONSTANTINE: It would be your preference to go
ahead and get those --
MR. LAWSON: I don't know. I wouldn't say that would be our
preference. I will tell you that the fact in Golden Gate City is
that four feet below the ground you find cap rock. It's limestone.
That's why the utility prorider has not served that area over the
years. It's expensive and difficult to do. They've waited for people
to effectively beg for service.
You've probably seen that with the school and some of the other
larger facilities that couldn't live on a septic tank or work with a
well system. You also have canals in that area. And the
proliferation of septic tanks over time undoubtedly will lead to
pollutants, eco~matter, if you will, entering the water table because
of the geology of the area.
The GUA is situated to assist Collier County in doing that,
unlike a private investor owner would ever be able to. The invest
owner will force everybody into a crisis situation.
So all I can say is good public policy begets involvement of the
community and the people that are affected, and that's what the GUA
will stand for in concert with Collier County, all the counties
involved.
COMMISSIONER CONSTANTINE: Final question. What is the benefit
to the group who's doing this? Obviously, it's not being done out of
the goodness of your heart. But a moment ago when we talked about
rate structuring and private utilities obviously have a profit motive
and you're saying how that doesn't exist here. What's the impetus?
What's the catalyst for your group to get together and do this?
MR. LAWSON: I at one time lived in this community and worked as
an assistant county attorney. I went to Tallahassee and joined the
firm I'm with because it only represents public sector entities. And
I enjoy the public policy aspects of that.
I attempt to make as good a living as I possibly can, and we
expect to be paid. We've done this at risk. But our client base and
the other people in the working group and several of the counties
have contributed resources to this, are looking to achieve a public
policy objective that can't be done unless we're willing to expose
ourselves to some risk.
Yes, we expect to be compensated. However, in the scheme of the
transaction, we started out with an acquisition principle that said
this acquisition would not result in an increase in rates solely as a
result of the acquisition. So we've been careful in working with a
working group and negotiating with Avatar to make sure they
understood the ceiling on the acquisition terms here would involve
operation costs that would not be in excess of what they are
Page 19
January 26, 1999
currently to the extent that they would increase rates. So yes,
we're going to get paid, but we're going to get paid within those
parameters.
The other thing I think is important to bring to the table is,
there are -- this company is wanting to get out of the ownership
business. This opportunity is available to you now to bring this
into public sector hands. There's going to be those costs, whether
we get paid or someone else on the private sector side gets paid to
do that. Our costs are all subject to public record. The private
sectors are not. And I will tell you, they probably get paid more
than us. But more importantly, it will be done within those
parameters of existing rates.
And what Collier County and the rest of these counties have,
whether they participate in the interlocal agreement or not, is the
opportunity to preserve the option, not the obligation, to bring this
system into public ownership at some point in the future, whether
it's one year or 15 years from now, and to do so in a way that they
don't have to go and try to wrestle this away from an investor owner
which it will find its hand into another investor owner.
If you haven't had a rate increase since 1994, you should
probably expect one soon. That's the problem with investor owned
utilities, they hold their rates for as long as they can, then you
get a big jump. They come in and they show up and they'll cite your
own rules to you in terms of what they're entitled to. And your
ratepayers will pay the cost of that rate case. So whereas, when a
public sector takes control of that, the rates are reflective of
their costs over time.
And just to sum the response to your question, yes, all the
people involved do expect to be paid, all those costs are involved in
the transaction, they're all available for review.
COMMISSIONER CONSTANTINE: And don't misunderstand, I don't in
any way --
MR. LAWSON: That's okay. It's a good question.
COMMISSIONER CONSTANTINE: I'd be the last guy to criticize for
anybody expecting to get paid. I just want to make sure I had a
clear understanding of how it works.
MR. LAWSON: I think we've done a good job of trying to bring
together a public policy issue that -- you know, our client base is
all over the state in their counties and cities, and even working
here, you know, you focus on your problems, but you have problems
that are similar to other folks around the state.
And to be quite candid with you, in the utility business, these
utility folks that have state-wide utilities have the ability to look
at it from a bigger picture standpoint that you don't. This puts you
-- in some respects gives you the ability to play on the same playing
field with them.
COMMISSIONER CONSTANTINE: Thank you very much.
Page 20
January 26, 1999
CHAIRWOMAN MAC'KIE: Okay, other questions from members of the
Board?
COMMISSIONER CARTER: Commissioner Mac'Kie, I concur with the
comments made by Commissioner Constantine. I don't see any risk to
us reserving our options, and I would think downstream what we need
to do is a cost benefit analysis to find out how we want to do this.
But I would like to always have the right to reserve my rights for
options. So I would so move that we do that.
MR. LAWSON: Can I point out one other thing to the Board before
time.
CHAIRWOMAN MAC'KIE: Quickly, because you've taken a lot of
MR. LAWSON: The -- you know, when you deal with someone to
purchase a utility system, we typically get these artificial demands
placed upon a public sector entity that you have to close by a
certain period of time. Avatar's done that. And that's why the
March 31st date is there. It's not our druthers, but they want to
bring this to a conclusion.
So to the extent that you act, our objective here today is to,
A, give you a status, but B, make sure you understand that you could
preserve that right, we'll do that in short order, and you can sort
out the cost benefit analysis as to whether you want to exercise that
option down the line.
CHAIRWOMAN MAC'KIE: Okay, I think we understand that.
Do we have any registered speakers?
MR. FERNANDEZ: Yes, Madam Chairman, you have one speaker, Rich
Yovanovich.
CHAIRWOMAN MAC'KIE: Would you mind, Commissioner, if we hear
from him next?
COMMISSIONER CARTER: Fine with me.
MR. FERNANDEZ: Do you have a second to your motion?
CHAIRWOMAN MAC'KIE: No. We were pausing at this point to hear
from the speakers.
COMMISSIONER BERRY: Mr. Yovanovich is waiving.
CHAIRWOMAN MAC'KIE: He waives? Wonderful.
Do we have a second to Mr. Carter's motion?
COMMISSIONER NORRIS: Would he restate the motion, please? I
would be glad to second it.
COMMISSIONER CARTER: I'm moving that we reserve our rights as
were proposed by staff to these options in dealing with this utility
issue.
COMMISSIONER NORRIS: I'll second that.
CHAIRWOMAN MAC'KIE: Okay. Any discussion on the motion?
A comment from Mr. McNees.
MR. McNEES: A question, perhaps. Are you giving direction with
that for us to incorporate into the interlocal agreement the
Page 21
January 26, 1999
agreement by the state-wide utility authority to be subject to our
rate regulation?
COMMISSIONER CONSTANTINE: Yeah, that's -- would really be my
preference so that we don't lose the control we established in 1995.
COMMISSIONER CARTER: I would concur with that.
CHAIRWOMAN MAC ' KIE: Second?
COMMISSIONER NORRIS: Second amends.
CHAIRWOMAN MAC'KIE: Okay. We have a motion and a second.
Do you have something, Mr. Fernandez?
MR. FERNANDEZ: No, Madam Chairman. I was distracted. Could I
hear the motion again, please?
CHAIRWOMAN MAC'KIE: The motion was to continue to keep our
options open, but with the reservation with regard to utility
regulation pricing.
MR. FERNANDEZ: Thank you.
CHAIRWOMAN MAC ' KIE: Okay. Motion and second.
All in favor, please say aye.
Opposed?
(No response. )
CHAIRWOMAN MAC'KIE: And it passes unanimously. Thank you.
**** Document at end of minutes ****
Item #8B2 o Moved from Item #16B18
RESOLUTION 99-80, REGARDING ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY,
DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY
EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANIN~ IMPROVEMENTS FOR
IMMOKALEE ROAD - ADOPTED
Next item on our agenda was pulled from the consent agenda,
16(B) (18). Has to do with the four-laning of Immokalee Road.
MR. ILSCHNER: Good morning, Madam Chairwoman, Members of the
Board. Appreciate you moving this to the regular agenda. For the
record, my name is Ed Ilschner, Public Works Administrator.
This needs to be on the regular agenda since it's a resolution
that would authorize the county to acquire by gift, purchase, or
condemnation the necessary right-of-way to accommodate the four-
laning of Immokalee Road.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second it.
MR. ILSCHNER: I need to state for the record, if I could, Madam
Chairwoman, the fact that the staff has reviewed alternative
locations, environmental factors, cost variables, safety and welfare
considerations as they relate to the construction of this project,
and that the Board will find these to be a most feasible location for
the additional road right-of-way for the construction of this project
being described, attached to the resolution of Exhibit A. That
needed to be stated for the record.
Page 22
January 26, 1999
now.
COMMISSIONER NORRIS: I don't know if I want to approve that
CHAIRWOMAN MAC'KIE: Any speakers on this item?
MR. FERNANDEZ: No, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Discussion? If not, we have a motion and a
second.
All in favor, please say aye.
Opposed?
(No response.)
MR. ILSCHNER: Thank you, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Thank you. Passes unanimously.
Page 23
J A ?- 199
RESOLUTION NO. 99-80
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT,
PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS
AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY,
SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY
CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF
THE FOUR-LANING ROADWAY IMPROVEMENTS FOR IMMOKALEE ROAD
(C.R. 846) PROJECT BETWEEN 1-75 AND C.R. 951, CIE NO. 08.
WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance
No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the
Growth Management Plan in order to establish priorities for the design, acquisition and construction
of the various capital improvement projects. The Transportation Element of the County's
Comprehensive Plan was adopted in Ordinance No. 97-62; and
WHEREAS, the four-laning improvements to Immokalee Road between 1-75 and C.R. 951 is
one of the capital improvement projects required under the Transportation Element of the C ounty's
Comprehensive Plan; and
WHEREAS, the Board of County Commissioners, on September 16, 1997, adopted
Resolution No. 97-356 authorizing the County Staff to acquire by gift or purchase certain easements
and/or fee simple title to the property and property interests required and necessary for the four-
laning roadway improvements oflmmokalee Road between 1-75 and C.R. 951; and
WHEREAS, the location for construction of the proposed improvements has been fixed by
survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached
hereto and incorporated herein.
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of project alternatives, various impacts upon the environment, long range planning
options, and public safety considerations, the Board desires to exercise its right to condemn property
for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board
that the construction of the four-laning roadway improvements for Immokalee Road between 1-75 and
C.R. 951, (hereinafter referred to as "the Project") is necessary and in the public's best interest in
order to protect the health, safety and welfare of the citizens of Collier County.
AND IT IS FLIRTHER RESOLVED that construction of the Project is part of the County's
long range planning effort, and is included in the Transportation Element of the County's
Comprehensive Plan for Growth Management, as approved by the Florida Department of Community
Affairs.
Page 1
AND IT IS FURTHER RESOLVED that the County Staff has reviewed altemative locations
for the project, various impacts to the environmental, public safety and welfare considerations
associated with the design and construction of the project, and the costs associated with the design,
property rights acquisition, and construction of the project; and the Board finds that after
consideration of these issues, the most feasible location for construction of the proposed
improvements is collectively represented by the legal descriptions compfising Exhibit "A" attached
hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is
necessary for the Board to acquire the various real property interests described Exhibit "A" to wit: fee
simple title interests and/or perpetual, non-exclusive road fight-of-way, sidewalk, slope, utility
drainage, maintenance and temporary construction interests by easement.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to
immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters
73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly
described in Exhibit "A", attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought
to be acquired and therefore it will not be necessary to remove any mobile homes from the property
to be acquired.
This Resolution adopted on th ay of Flt-l~h~ ,199~/, after motion,
second and majority vote.
ATTEST~.:~, BOARD OF COUNTY COM,MIS. IONERS
Heidi F. Ashton
Assist~t Coun~ A~omey
Page 2
JAN 2 6 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................ 69101
PARCEL NOS...100 & 700.
FOLIO NO...4.19,3.(].88.0.QD.3 ......
.......... ~iml~le,_ ............
Temporary Construction Easement
IMMOKALEE ROAD (C. R.846)
100' R\W
492.8'
50'/' EXISTING R\W LINE 50'
196.78'
I-
P pARCEL 100
I-
TRACT 19
DESCRIPTION (PARCEL 100)
THE SOUTH FIFTEEN (15') FEET OF THE NORTH SIXTY FIVE (65') FEET OF THE
EAST THIRTY FIVE (35') FEET OF TRACT 19 OF THE PLAT THEREOF, GOLDEN
GATE ESTATES, UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 525 SQUARE FEET MORE OR LESS.
DESCRIPTION (PARCEL 700)
THE SOUTH TEN (10') FEET OF THE NORTH SIXTY (60') FEET OF THE WEST FORTY
FIVE (45') FEET OF THE EAST 241.78 FEET OF TRACT 19, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7 PAGE 96, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
CONTAINING 450 SQUARE FEET MORE OR LESS.
GENERAL NOTES
2) P.O.B. = POINT OF BEG{NN{NG PREPARED BY ..... ~ .... DATE...
3) SEC. = SECT{ON GE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 14, 1998 IMR100 SHEET 1 OF 1
EXHIBIT
..... jA~ 2 6 199§
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................ 69101
PARCEL NO ................... 101
FOLIO NO .... 4.1.93.092,0.003 ......
Fee Simple
IMMOKALEE ROAD I
100' R\W :
I I EXISTING
R\W LIE I
~ 350.01' :
252.96' ' ..... I'i~"l I
PARCEL 101 a-, I I
,,i:
....... '-------15' : : :
~ ~ 3oo.ol. I I I
: CI: :
I I
I :
: .n~ :
TRACT 19 TRACT 20 I ,,°l, i ~ I
: v "" :
: O: :
I I I
; ; :
I I '
DESCRIPTION (PARCEL 1 01 )
THE NORTH SIXTY FIVE (65') FEET OF THE WEST 252.96 FEET OF THE EAST
302.96 FEET AND THE SOUTH FIFTEEN (15') FEET OF THE NORTH SIXTY FIVE (65')
FEET OF THE WEST 47.05 FEET OF TRACT 19, OF THE PLAT THEREOF, GOLDEN
GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 17,148 SQUARE FEET OR .394 ACRES MORE OR LESS.
GENERAL NOTES
P.O.B. = POINT OF BEGINNING PREPARED BY .............................................. DATE ..................
:~ SEC. = SECTION GE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE N0.
NOT TO SCALE OCT. 14, 1998 IMR101 SHEET 1 OF 1
i I=VNI tIT
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .......... 69101
PARCEL NO ............. 102 & 702
FOLIO NO..41.9,3G96.00.04 ........
IMMOKALEE ROAD (C,R, 846)
Fee Simple
P.O.C. Temporary ConstrUction Easement
'~__5~ 275.01' ]
6': ........ '1'
. PARCEL 102
PARCEL 702~~.~1~ :: 225.o1'
: ~ ~ 75' I
i ~ ~: TRACT 21 I
, V "" ~ LESS THE EAST 75'
I
DESCRIPTION PARCEL 102
THE NORTH 50 FEET OF THE EAST 225.01 FEET OF THE WEST 275.01
FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE
ESTATES UNIT NO.97, AS RECORDED IN PLAT BOOK 7,
PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 11,251 SQUARE FEET OR 0.258 ACRES MORE OR LESS.
DESCRIPTION PARCEL 702
COMMENCE AT THE NORTHWEST CORNER OF TRACT 21 ,OF THE PLAT
THEREOF, GOLDEN GATE ESTATES UNIT NO. 97,AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT 21 A DISTANCE
OF 50 FEET; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF
OAKES BOULEVARD A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING,
THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF
40 FEET; THENCE EASTERLY ALONG A LINE LYING 50 FEET SOUTH, AS MEASURED
PERPENDICULAR TO, SAID NORTH LINE OF TRACT 21, A DISTANCE OF 40 FEET;
THENCE SOUTHWESTERLY A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 800 SQUARE FEET OR 0.018 ACRES MORE OR LESS.
1) P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING PREPARED BY ........... DATE.Z.< ..~
23} SEC. = SECTION R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND 8URVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORK8 ENGINEERING DEPT.
6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY 15P,_,ALE DATE FILE NO.
NOT TO SCALE NOVEMBER 2, 1996 IMR102 SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .................. 69101
PARCEL NOS ....... 102A & 702A
FOLIO NO..4.1.9.3,1.00.0002 ........
Fee Simple
Temporary Construction Easement
IMMOKALEE ROAD (C.R. 846) b
100' R\W
i
/ ~10,
PARCEL 102A
PARCEL 702A//40' ~ ~
EAST 75 FEET OF / 1
TRACT 21
DESCRIPTION (PARCEL 102A)
THE NORTH FIFTY (50') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT
THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7,
PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 3750 SQUARE FEET MORE OR LESS.
DESCRIPTION (PARCEL 702A)
THE SOUTH TEN (10') FEET OF THE NORTH SIXTY (60') FEET OF THE EAST FORTY (40')
FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 400 SQUARE FEET MORE OR LESS.
GENERAL NOTES
,:..o.c. = .o,,,,',' oo.,,,,s.cs,,,,s,,.'
P.O.B. = POINT OF BEGINNING PREPARED B .DATE.../..
~ SEC. = SECTION RGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 1~ '~CK~q _,~t;.,'t,.~i.A SHEET I OF I
,t A kt. 2 6 199,q,
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO. 60101
PROJECT PARCEL NO. 103
TAX PARCEL NO. 4193.1040004
.LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
' THE NORTH FIFTY (50') FEET OF TRACT 22 OF THE PLAT THEREOF, GOLDEN
GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE.
PUBHC RECORDS OF COLLIER COUNTY,FLORIDA.
SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS.
PARCEL 103
IEXHIBIT I
~ESSlGNAL LANDN%URVEYOR
OFFICE OF CAPITAL PROJECTS
· .. COLLIER COUNTY GOVERNMENT COMPLEX
3`301 E TAMIAMI TRAIL NAPLES, FLORIDA ,34112
. '. )AN ~ 6 1999
OFFICE OF CAPITAL PROJECTS
3301 EAST TAM[AM~ TRAIL NAPLES. FLORIDA 34112
PROJECT NO. 69101
PROJECT PARCEL NO. 105 ,
TAX PARCEL NO. i, 1 oqqqgnnn'7
LEGAL DESCRIPTION <NOT A SURVEY)
fee simple title
, THE NORTH FIFFY (50') FEET OF TRACT 51 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE
. PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
SAID TRACTCONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS.
PARCEL 105
I
B ""/'//'/~~/'/ DATE:: .
G~R." RICHMOND ~/~
PROFESSIONAL ~ND SURV~OR ~2406
OFFICE OF CAPITAL PROJECTS
.... COLLIER COUN~ GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES. FLORIDA 34112
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO.
PROJECT PARCEL NO.
TAX PARCEL NO. a~ q~a~nnn~
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
, THE NORTH FIFI'Y (50') FEET OF TRACT 70 OF THE PLAT THEREOF, GOLDEN
GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE,
. PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS.
PARCEL 106
I. EXamBraT I
~~IONAL ~ND SURV~OR ~240B .
OFFIGE OF CAPITAL PROdEOTS
'..:., GOLLIER OOUN~ GOVERNMENT OO~PLEX
5501 E TAMIAMI TRAIL NAPLES. FLORIDA
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ........ 109 & 709
FOLIO NO....4..1..9...3..6...4..8...0..0...0..9. ........
Fee Simple
Temporary Construction Easement
IMMOKALEE ROAD (C.R. 846)
C)
100' R\W
330'
EXISTING R\V 'LINE --
// 130,
PARCEL 109 "
140'
PARCEL 709
TRACT 91
DESCRIPTION (PARCEL 109)
THE NORTH FIFTY (50') FEET OF TRACT 91, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS.
DESCRIPTION (PARCEL 709)
THE SOUTH THIRTY (30') FEET OF THE NORTH 80 FEET OF THE EAST 140 FEET OF TRACT 91
OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 4200 SQUARE FEET OR .096 ACRES MORE OR LESS.
EXHIBIT
GENERAL NOTES ..
P.O.B. = POINT OF BEGINNING P PAR D ....................... DATE..././ ......
~ SEC. = SECTION ~HMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W -- RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 16, 1998 IMR109 SHEET I OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NO8..110 & 710
FOLIO NO...~.lg.3.7.9.6.0.0.Q2. .......
Fee Simple
Temporary Construction Easement
)MMOKALEE ROAD (C.R. 848)
100' R\W
330'
EXISTING R\V'LINE /~'
PARCEL 110 b
PARCEL 71 0/ 4o'
) TRACT 110
DESCR)PT~ON (PARCEL 110)
THE NORTH FFTY {50'} FEET OF TRACT 110, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNff NO. 97, AS RECORDED )N PLAT BOOK 7, PAGE 98, OF THE PUBUC RECORD8 OF
COLUER COUNTY, FLOR)DA.
CONTA)N)NG 18,500 8QUARE FEET OR .379 ACRES MORE OR LESS.
DESCR)PT)ON (PARCEL 710)
THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110
OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UN)T NO. 97 A8 RECORDED ~N PLAT
BOOK 7, PAGE 98, OF THE PUBUC RECORDS OF COLUER COUNTY, FLORDA.
CONTA)N)NG 3200 SQUARE FEET OR .073 ACRES MORE OR LE88.
) EXHmBmT
GENERAL NOTE8 I ../~ ,
P.O.B. = POINT OF BEGINNING P ED B .............................. ATE..,,/ ........
,i~ SEC. = SECTION GE RL RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RNV = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAM|AM| TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOTTOSCALE OCT. 16,1998 IMR110 SHEET I OF I
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................. 69101
PARCEL NO .......... 711
FOLIO NO....4.3.9.3 B.Q .1 .Q I1(), 8 .......
Temporary Construction Easement
1 IMMOKALEE ROAD C.R. 846
100' R\W
PREVIOUSLY CONVEYED
1 PARCEL 711
165'
DESCRIPTION PARCEL 711
THE SOUTH 60 FEET OF THE NORTH 130 FEET OF THE WEST 165 FEET OF TRACT 111
OF THE PLAT THEREOF,GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN
PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 13,200 SQUARE FEET OR 0.303 ACRES MORE OR LESS.
EX/IIBITGENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT ¢t ~ ~G
P.O.B. = POINT OF BEGINNING PREPARED BY ..... DATE..
23~ SEC. = SECTION E R. RICHMOND
4) TWP, = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 21, 1998 IMR111 SHEET 1 OF 1
'
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO. 69101
PROJECT PARCEL NO. 112
TAX PARCEL NO, 41941040007
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE NORTH (50') FEET OF TRACT 150 OF THE PLAT THEREOF, GOLDEN GATE
ESTATES,UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.524 ACRE (22,836 SQUARE FEET), MORE OR LESS.
PARCEL 112
PROFESSIONAL LAND SURVEYOR//2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3101 E TAMIAM I TRAIL NAPLES. FLORIDA 34112
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS.113 & 713
FOLIO NO .... 0.0.1.9500.00.09 ......
Fee Simple
Temporary Construction Easement
330.13'
~MMOKALEE ROAD (C.R. 848) '
100' R\W
EXiSTiNG R\W UNE .... _~. 330' '
PARCEL 113
PARCEL 713
, WEST 1;2, NORTHWEST
~ NORTHWEST 1;4, NORTHWEST
SEC.28,TWP. 49S, RGE. 28 E.
DESCRiPTiON (PARCEL 113)
THE SOUTH F~FTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COLUER COUNTY, FLORIDA.
CONTAiNiNG 18,507 SQUARE FEET OR .379 ACRES
DESCRiPTiON (PARCEL 713)
THE SOUTH 25 FEET OF THE NORTH 1 Y5 OF THE WEST 50 FEET OF THE
EAST 185 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28,
TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLUER COUNT~, FLORIDA.
CONTAINING 1250 SQUARE FEET OR .029 ACRES
. EXHIBIT '
1) P.O.C. = POINT OF COMMENCEMENT d~p~ ~ ""' "~
P.O.B. = POINT OF BEGINNING RE ARED .... DATE...
~ 8EC. = SECTION RGE R. RICHMOND
4) 'rWP. = TOWNSHIP PROFESSIONAL LAND SURVEYORoFL. REG. # 2406
5) RGE, = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCE8 ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLE88 81GNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL. I.AND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO,
NOT TO SCALE OCT. 16, 1998 IMR113 SHEET 1 OF 1
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34.112
(94.1) 774.-8192
PROJECT NO (~ c? /(p /
PRoJEcT PA.CEL NO. //4
TAX PARCEL NO.
LEGAL DESCRIPTION.. (NOT A SURVEY)
fee simple title
THE SOUTH FIFTY. (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS
PARCEL 114
OFFICE OF CAPITAL PROJECTS-
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E I'AMIAMI 1RAIL. NAPLES, FLORIDA 34112
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34. 112
(94.1) 774-8192
PROJECT NO. t~/OI
PROJECT PARCEL NO .... 11,5
TAX PARCEL NO. ddlcl~'48dO01
.LEGAL DESCRIPTIQN_..(NOT A SURVEY)
fee simple title
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
· QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS
PARCEL 115
OFFICE OF CAPITAL PROJECTS
COLLIER COUNff GOVERNMENT COMPLEX i
3501 E TAMIAMI 1RAIL NAPLES, FLORIDA 34112
OFFICE OF CAPITAL PROJECTS i~ ? ~ 199~
3301 EAST TAMIAMI TRAIL N^I:~LES, FLORIDA 3,1,112
(9,1.1) 774-8192
f
PROJECT NO. ~ ?' / (2 /
PROJECT PARCEL NO. / / 6 ......
TAX PARCEL NO. 00/qS.~ 0008
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE SOUTH FIFI'Y (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
. QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLER
COUNTY, FLORIDA.
CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS
PARCEL 116
P~ESSIONAL ~ND SURV~OR {2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNff GOVERNMENT COMPLEX
3501 E IAMIAMI ]RAIL NAPLES, FLORIDA 34112
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ........ 117 & 717
FOLIO NO .....................................
Fee Simple
Temporary Co~B.~ction Easement
~MMOKALEE ROAD (C.R. 846)
EXiSTiNG R\W UNE' _ .. __~.
PARCEL 117 b
20' ~
PARCEL 717
WEST 1~, NORTHWEST
~ NORTHEAST 1;4, NORTHWSST
, SSC. 28, TWP. 488, RGS 26~.
DESCRiPTiON (PARC~[ 117)
THE SOUTH F~F~ (501 PEST OF TMS NORTH 150 FSST OF THE WSST HAlF
OF THE NORTHWEST QUARTSR OF THE NORTH~ST QUA~TSR OF
NORTHWEST QUART5R OF SSCT~ON 28, TOWNSH~P 48 SOUTH, ~NGS 26
EAST, CO[UER COUNt, FLORIDA.
CONTNN~NG 16,50~ SQUARE FSET OR .379 ACRES
DESCRiPTiON (PARCEl 717)
THE SOUTH TWSN~ (20') FEST OF THE NORTH 128 FEET OF TH5 WEST
FOR~ F~VS (45') OF THE WSST HALF OF THS NORTHWSST QUARTSR
OF THS NORTM~ST QUARTSR OF THS NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, ~NGS 28~ST,
COLUSR COUNt, FlORiDA.
CONTAiNiNG 900 SQUARS FSST OR .021 ACRS8
EXHIBIT
GENE L NOTES _
P.O.B. = POINT OF BEGINNING P D BY... ~ .............. ATE...( ..... i ..
]~ SEC. = SECTION EORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG. t 2~
5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT.
6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX
D ALL DISTANCES ARE IN FEET AND DECI~LS THEREOF 3~1 ~ST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND S~LED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~D SURVEYOR NAPLES, FLORIDA ~112
D~WN BY ~ECKED BY ~ALE DATE RLE ~. ' ' ""
NOTTOSCALE OCT. 16. 1M IMRl17 SHEET 1 OF 1
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.112
(94.1) 774--8192
PROJECT NO.
PROJECT PARCEL NO [
TAX PARCEL NO..
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE SOUTH FITrY (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST
. QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS
PARCEL 118
V 0
OFFICE OF CAPITAL PROJECTS
COI, LIEI~ COUN~ GOVERNMEN[ COMPLEX
~301 E ]'AMIAMI ]RAIL NAPLES. FLORIDA 34112 I
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.112
PROJECT NO. . ~' ?./'t9 /
PROJECT PARCEL NO. [2(9
TAX PARCEL NO.. O0/cl5'lZ~2- .
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE SOUTH F~FY (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSH~ 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS
PARCEL 120
IEXHiBIT '1
OFFICE OF CAPITAL PROJECTS
COLLII:R COUN]Y GOVEI?,NMENT COMPLEX
3301 E TAMIAMI 'IRAIL NAPLES, FLORIDA 34112
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT NO ............... 69101
P.O.C. NORTH 1/4 COR,SEC. 28, PARCEL NOS ......... 121 & 721
'~,~TWP, 48S, RGE. 26E. FOLIO NO ............. 00196320005
.S 89° 16' 32" E 660.30'
IMMOKALEE ROAD
~o 100' R\W
o. TRACT "RW" DEDICATED TO COLLIER COUNTY o
N °..O_ PLAT BOOK 28, PAGES 78-94. ""
~d S 89° 16' 32"E 660.31'
'~' N 89° 16' 32"W TRACT "RW" P.O.B. PARCEL 721
o \
o / 122.71' 537.60' EXISTING R\W ~
~ ~' N 89° 16' 32" W "',, 660.31' 20.02'
. -,~]' N 89016. 32- W 243.00' .-' fiN,..,/ N 89°16' 32" W 295.00' 11~1'~. /
.,,- 110' _
,.u ""/ ' PARCEL 121 "' N00;04.~'028"E_~"'I '/
r.- · '/' ,''/N 00° 43' 28" E N 0% '" PARCEL'7~I/"'S 89" 16' 32" E LU
· ,s- ,-- .... ' .... 5.00' .40~,28
m P.O.B. PARCEL 121
o
COMMENCING AT THE NORTH Q TION 28, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE
30 MINUTES 47 SECONDS EAST, A DISTANCE OF 150.12 FEET; THENCE SOUTH 89
DEGREES 16 MINUTES 32 SECONDS EAST, A DISTANCE OF 122.71 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 16 MINUTES 32 SECONDS
EAST, A DI STANCE OF 537.60' FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 1 ?
SECONDS EAST A DISTANCE OF 10.01 FEET; THENCE NORTH 89 DEGREES 16 MINUTES
32
SECONDS WEST, A DISTANCE OF 295.00 FEET; THENCE NORTH 0 DEGREES 43
MINUTES 28 SECONDS EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89
DEGREES 16 MINUTES 32 SECONDS WEST, A DISTANCE OF 243.00 FEET; THENCE
NORTH 0 DEGREES 43 MINUTES 28 SECONDS EAST, A DISTANCE OF 5.00 FEET TO THE
POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 0.096 ACRE (4 165 SQUARE FEET), MORE OR LESS.
DESCRIPTION (PARCEL 721) temporary construction easement
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 28,TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES
16 MINUTES 32 SECONDS EAST, ALONG THE NORTH RIGHT OF WAY LINE OF
IMMOKALEE ROAD (C.R.846) A DISTANCE OF 660.30 FEET; THENCE SOUTH 1
DEGREE 31 MINUTES 17 SECONDS EAST, A DISTANCE OF 160.13 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A
DISTANCE OF 20.02 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 32 SECONDS
WEST, A DISTANCE OF 110.00 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 28
SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 16
MINUTES 32 SECONDS EAST, A DISTANCE OF 110.00 FEET TO THE POINT OF
BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.051 ACRES (2200 SQUARE
FEET), MORE OR LESS.
1) P.O.C. = POINT OF COMMENCEMENT ~'E "//"~A
P.O.B. = POINT OF BEGINNING .- ...DATE../....Z-
23~ SEC. =SECTION ORGE R. RICHMOND I. ~ ',~.' ,':~ '
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURV~YOFt'-FL. REG.~# 2406
5) RGE. = RANGE PUBUC WORKS EN'B~NEE~NG DEPT. : '
6) RAN = RIGHT OF WAY COLLIER COUNTY GQX)ERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TR~IL ,.
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ·
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112'
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE DEC. 1801998 IMR121 SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
:3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT NO ................ 69101
PARCEL NOS. 122,722 & 722A
FOLIO NO..D.0..1.9..4.8.1:).0.0.0.6 ........
NORTHEAST CORNER
SEC. 28, TWP. 48,RGE. 26E
COLLIER COUNTY, FLORIDA.
IMMOKALEE ROAD C.R. 846 i::,
( 100' R\W)
...... N 3,9.." lJ'..32"_.W. .... 1.980..1mJ,_ ...........
PARCEL 122
r~ 591.54' i,--'10' 981.79'
352. ~ ~ in '
352.35, 12o,
LU 1/'0'P'~~ 134'
L PARCEL 722A
· - EL 722B
I;-
'
Fee Simple
DESCRIPTION PARCEL 122:
THE SOUTH 65 FEET OF THE NORTH 185 FEET OF THE WEST 352.56 FEET OF THE EAST 1980.89
FEET; AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE WEST 591.54 FEET OF THE EAST
1628.33 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 961.79 FEET OF
THE EAST 1036.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 113,951 SQUARE FEET OR 2.816 ACRES MORE OR LESS.
DESCRIPTION PARCEL 722A Temporary Construction Easement
THE SOUTH 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST
1628.33 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 9350 SQUARE FEET OR .215 ACRES.
DESCRIPTION PARCEL 722B Temporary Construction Easement
THE SOUTH 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST
684.44 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST,COLLIER COUNTY,FLORIDA.
CONTAINING 2680 SQUARE FEET OR .082 ACRES.
'EXH"iBIT
GENERAL NOTES
P.O.B. = POINT OF BEGINNING PR R Y .DATE. ..
23~ SEC. = SECTION ORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAVVN BY CHECKED BY SCALE DATE FILE NQ
NOTTO SCALE OCT. 19, 1998 IMR122 SHEET I Of I
PUBLIC WORKS ENGINEERING DEPARTMENT"
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ................. 723
NORTHWEST CORNER
SEC. 27, TWP.48S, RGE 26E FOLIO NO....00.3.9.42.80.Q0.8. ......
~///~COLLIER COUNTY FLORIDA
Temporary Construction Easement
IMMOKALEE ROAD (C.R. 846)
100' R\W
660.22'
~,~ 50' R\W PREVIOUSLY CONVEYED
* ' O.R. BOOK 1626, PAGE 1060 ' ~
281.14' ~ ... m-.__ 10'
PARCEL 723/ 50'
DESCRIPTION PARCEL 723
THE SOUTH 10 FEET OF THE NORTH 160 FEET OF THE EAST 50 FEET OF THE WEST
331.14 FEET OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
CONTAINING 500 SQUARE FEET OF .011 ACRES MORE OR LESS.
EXHIBIT
GENERAL NOTES . ~r . +
P.O.B. = POINT OF BEGINNING PREPARED BY ........... ATE ..................
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 19. 1998 IMR123 SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112iAt~
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ......... 124 & 724
FOLIO NO .....................................
Fee Simple
Temporary Construction Easement
IMMOKALEE ROAD (C.R. 846)
~oo' R~W
660.22'
PARCEL 124
h5' 126.86'
PARCEL 724 50'
DESCRIPTION PARCEL 124
THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE EAST HALF OF THE WEST HALF
OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. /
CONTAINING 33,011 SQUARE FEET OR .758 ACRES MORE OR LESS.
DESCRIPTION PARCEL 724
THE SOUTH 25 FEET OF THE NORTH 175 FEET OF THE WEST 50 FEET OF THE EAST
176.86 FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER
OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 1250 SQUARE FEET OF .029 ACRES MORE OR LESS.
EXHIBIT
GENERAL NOTES
..o.o.-
P~O.B. = POINT OF BEGINNING PREPARED BY ...... c ...DATE.../..
23)) SEC. = SECTION RGE R. RICHMOND
4) TWP, = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 19, 1998 IMR124 SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341~i~N ~, ~ 1999
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS..127A, 727A, 127B, 727B
FOLIO NO .... I:).Q .1. 9. .d .'7. 2.1. 2.0.,B ......
00194721402
Fee Simple
Temporary Construction Easement
IMMOKALEE ROAD C.R. 846
100' R\W
I I .._1.1. 62.__2..6'_, ..... 1298.98'
TRACT "R-2" T 80' I""'~hA,""~:l""7"F~'~;'' ....
I PARCEL 127A : ': ~O =''' RCEL 727B
I
TRACT 5 PARCEL 7 ~ !10' TRACT 8
DESCRIPTION TRACT 127A n
THE NORTH 10 FEET OF THE EAST 340 FEET OF TRACT 5, OF THE PLAT THEREOF
PEBBLEBROOKE LAKES, AS RECORDED IN PLAT BOOK 30, PAGES 4-12, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 3400 SQUARE FEET OR .078 ACRES.
DESCRIPTION TRACT 727A
THE SOUTH 30 FEET OF THE NORTH 40 FEET OF THE EAST 30 FEET OF TRACT 5, OF THE
PLAT THEREOF, PEBBLEBROOKE LAKES, AS RECORDED IN PLAT BOOK 30, PAGES 4-12,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 900 SQUARE FEET OR .021 ACRES.
DESCRIPTION TRACT 127B
THE NORTH 10 FEET OF THE WEST 10 FEET OF TRACT 8, OF THE PLAT THEREOF
PEBBLEBROOKE LAKES, AS RECORDED IN PLAT BOOK 30, PAGES 4-12, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 100 SQUARE FEET OR .002 ACRES.
DESCRIPTION TRACT 727B
THE SOUTH 30 FEET OF THE NORTH 40 FEET OF THE WEST 10 FEET OF TRACT 8,
OF THE PLAT THEREOF, PEBBLEBROOKE LAKES, AS RECORDED IN PLAT BOOK 30,
PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 300 SQUARE FEET OR .007 ACRES.
EXHIBIT
!; ,', , .
P.O.B. = POINT OF BEGINNING ED .... ATE.. .
23~ SEC. = SECTION GE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/VV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. :20, 1998 IMR127A SHEET 1 OF 1 J
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411~ ~ ~ 1999
(941) 774-8192
PROJECT NO ...............69101
PARCEL NO .................127C1
FOLIO NO...0.Q.1.9..3.8.4.Q.0. D.9 .....
LEGAL DESCRIPTION (NOT A SURVEY)
Fee Simple
COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID
SECTION 27 SOUTH 1 DEGREE 28 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.12 FEET;
THENCE NORTH 89 DEGREES 10 MINUTES 56 SECONDS WEST, A DISTANCE OF 160.13 FEET
TO THE POINT OF BEGINNING; THENCE ALONG A LINE LYING 160 FEET WEST, AS
MEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 27 SOUTH l DEGREE 28
MINUTES 41 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 57 DEGREES 49
MINUTES 50 SECONDS WEST, A DISTANCE OF 96.02 FEET; THENCE ALONG A LINE LYING
150 FEET SOUTH, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF AFORESAID
SECTION 27 SOUTH 89 DEGREES 10 MINUTES 56 SECONDS EAST, A DISTANCE OF 80.00
FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.046 ACRE
(1,998 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID
SECTION 27 BEING SOUTH 01 DEGREES 28 MINUTES 41 SECONDS EAST. PARCEL IR127C1
~ONAL I,AND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
....
JAN 2 ~ 1999.
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
t
~-~: ~"- · o.. ' '
.... ..
~.oo. ~ '~o.,. ' . . '~.~. '
~ 723.60' -
· ' ~ PARCEL 1
q
z
~~ CAN AL
N. Line N.W. 1/4/ (100' R/W)
Sec. 26
S. Bg~ 7'1 2"E.
PARCEL 128
GENERAL ~BTES
1) P.D.C. Indicates Point oF Commencement _
a) P.D.B. indicates Point oF Beginning ~ _ ~~ff
3) 8ec. indica~es Section '
4) Twp. Indicates Township
5) Rge. indicates Range ~c
6) R/~ indica~es Rlgh~-oe-way
7) Art distances ape In eee~ Grid declmats ~hereor
8) Basis oF BeGPings Is ~he North R/~ Une oF
Immokatee Road being ~.89'16'18'E.
9) No~ vaUd untess sl~ned and seated wl~h ~he embossed
seat oF ~he ppoFesslonat rand sucveyoP
F=-.... THIS IS ONLY A SK~CH
D~ffi BY: CHECK~ ~: S~: DA~: FiLE NO.:
NOT TO 06-0~-97 PR-i~8 SHEET 2 OF 2
SCALE
J A 1~ 2 ~ '!99~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO ........~....~..L~/. ...............
PARCEL NO ..............7.?-...~...
LEGAL DESCRIPTION (NOT a SURVEY) FOLIO NO .......00.1.92,9.2-00.0.1.
temporary construction easement
COMMENCING AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOU'I~ 89 DEGREES 16 MINUTES 18
SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 26, DISTANCE OF 300.00 FEET;
THENCE SOUTH 0 DEGREES 43 MINUTES 42 SECONDS WEST, A DISTANCE OF 126.41 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 37 MINUTES 10 SECONDS
EAST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS
EAST, A DISTANCE OF 723.60 FEET; THENCE NORTH 85 DEGREES 32 MINUTES 11 SECONDS
EAST, A DISTANCE OF 276.25 FEET; THENCE SOUTH 1 DEGREE 34 MINUTES 27 SECONDS
EAST, A DISTANCE OF 38.03 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 426.02 FEET; THENCE SOUTH 0 DEGREES 43 MINUTES 42 SECONDS
WEST, A DISTANCE OF 39.00 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 512.98 FEET; THENCE SOUTH 48 DEGREES 48 MINUTES 04 SECONDS
WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 42 SECONDS
EAST, A DISTANCE OF 64.78 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 54.02 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 42 SECONDS
EAST, A DISTANCE OF 17.66 FEET; THENCE NORTH 87 DEGREES 37 MINUTES 10 SECONDS
EAST, A DISTANCE OF 54.08 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 0.998 ACRE (43,466 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE NORTH LINE OF SECTION 26 BEING S 89°16'18" E.
PARCEL 728
__p!ip~E X,~ I BIT I
PROFESSIONAL LAND 8URVEYOR-FL. REG. ~ 2408
PUBLIC WORKS ENGINEERING DEP~TMENT.
COLLIER COUN~ GOVERNMENT COMPLEX
3301 EAST TAMI~I T~IL
NAPLES, FLORIDA 34112 SHEET I OF 2
~ · 7E8
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411~AN ? ~ 199'~
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PCO.C.
N.W. CORNER SEC.26,
I TWp. 48S,RGE. 26E.
.~ IMMOKALEE ROAD (C.R.846)
,, _ S .89.:Lq'18"E
: : S 0°43'42"W N 87°37'10"E
r~ ~} N .-'-'.-=.,-- -
' '~ 723.60, N
o . N 0'43':~"~ P.O.B. '~ N 89°16'18'~/V
i' ~ PARCEL 728
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION E X ~ B I T
4) TWP. = TOWNSHIP
5) RGE. = RANGE ~~,
6) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DATE FILE NO:
NOT TO SCALE DECEMBER 16, 1998 IM728 SHEET 2 OF 2
"'- "' ,!A~ 2 6 199S
PROJECT NO. 69101
PROJECT PARCEL NO. 729
FOLIO NO. 41939520005
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH THIRTY (30) FEET OF THE NORTH EIGHTY (80) FEET
OF THE EAST FORTY (40) FEET OF THE WEST 166 FEET OF TRACT
130, GOLDEN GATE ESTATES UNIT NO. 97, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
(Containing 1,200 square feet, or 0.028 acres, more or less.)
temporary construction easement
40'
TRACT 130 3
WEST LINE. TRACT 130 .... EAST LINE. TRACT 130
~ .... ~5'~i~"~i:'i~'i~',:-i~5i~'i:j'i~;i.:;~:'~'~,lioe
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
SKETCH NOT TO SCALE
Collier County Real Property Managemen| Departmenl 12128Z98 2:29 PM t
PUBLIC WORKS ENGINEERING DEPARTMENT
330'1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'1
(94'1) 774-8'192
,
SKETCH OF DESCRIPTION
NOT A SURVEY
P.O.C.
NORTHEAST CORNER
SECTION 27 '
TOWNSHIP 48 SOUTH
RANGE 26 EAST
NORTH LINE SECTION 27
IMMOKALEE ROAD
(loo'PjW) ,~ N
S 89°10'56"E ~ I N 89°10'56"W
"'~ '~-. o ~ 4.0.,3, .
PEBBLEBROOKE ,,m r- :
EAST LINE SECTION 27 ~
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEc.= SECTION E X H I B I T
4) TWP. -- TOWNSHIP i
'
5)RGE.=RANGE e._ ;4" O-/r- ~O
6) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DATE FILE NO,
NOT TO SCALE OCT.28,1991E IMR127C1 SHEET 2 OF 2
OFFICE OF CAPITAL PROJECTS
TRAIL NAPLES, FLORIDA 34112
,5301 EAST TAMIAMI(941) 774.-8192
PROJECT NO. 69 101
PROJECT PARCEL NO. 1'28
TAX PARCEL NO. nn~
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
COMMENCING AT THE NORTHWEST CORNER OF SECTION 26 TOWNSHIP 48 ~)UTH '
RANGE 26 EAST, COLLIER COUNTY, FLORIDA ALSO LYING ON THE NORTH RIGHT
OF WAY LINE OF IMMOKALEE ROAD (C.R.846); THENCE SOUTH 89 DEGREES 16
MINUTES 18 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE
OF 100.08 FEET; THENCE SOUTH 1 DEGREE 33 MINUTES 36 SECONDS EAST, A
DISTANCE OF 100.08 FEET TO THE SOUTH RIGHT OF WAY LINE OF
IMMOKALEE ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 16
MINUTES 18 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE
OF 1220.60 FEET; THENCE SOUTH 85 DEGREES 32 MINUTES l I SECONDS WEST, A
DISTANCE OF 276.2~S FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 723.60 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 10
SECONDS WEST, A DISTANCE OF 220.73 FEET TO THE EAST RIGHT OF WAY LINE
O~F A 100 FOOT CANAL EASEMENT; THENCE NORTH 1 DEGREE 33 MINUTES 41
SECONDS WEST ALONG SAID EAST LINE OF THE 100 FOOT CANAL EASEMENT A
DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 0.652 ACRE (28,384 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE
ROAD BEING SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST.
PARCEL 128
EXHIBIT
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES FLORIDA 34.112
~)RAWN B'(: BY: DALE: FILE NO.~
' ."" SHEET :;:.~iF
.... ...~.;/
January 26, 1999
Item #8B3 - Moved from Item #16B17
BID #98-2901 FOR THE CLAM BAY TIDAL CREEK AND MAIN CHANNEL DREDGING -
AWARDED TO ENERGY RESOURCES AND LUDLUM CONSTRUCTION~ CHAIRWOMAN TO
EXECUTE THE CONTRACT DOCUMENTS UPON ATTORNEY REVIEWSCOMMENCEMENT TO
BEGIN PRIOR TO 2-22-99
Next is Item 16(B)(17) with regard to Clam Bay dredging that was
pulled from the consent agenda.
MR. ILSCHNER: Madam Chairwoman, Jim Ward with Pelican Bay
Services is here to address that. Let me obtain him momentarily.
CHAIRWOMAN MAC'KIE: Here he comes.
Did a Commissioner pull that from the consent agenda -- oh,
yeah, okay, I think I did.
COMMISSIONER CARTER: I would never pull that from this agenda.
CHAIRWOMAN MAC'KIE: I'm sorry. It needed to be pulled from the
consent agenda, I'll just tell you, because of the tourist
development council discussion last night. There was a lot of
question at -- on the council about the timing and the location of
where this work actually has to begin.
Frankly, to state it bluntly, to have tourist money spent to
impede the access of tourists to the beach was troubling, to say the
least, for Tourist Development Council members. And based on that,
there was a need for some discussion about the timing or the
mobilization of the project.
The question basically being, what can you do, Mr. Ward, to
prohibit interference at the county park and at the Clam Pass area.
MR. WARD: Thank you, Madam Chairperson. My name is Jim Ward,
Pelican Bay Services.
We have been working probably for the last week or two with both
Parks and Recreation and The Registry Resort to address the concerns
that they have raised with the disposal of both the beach quality
sand from this project and the non-beach quality sand from this
project.
Currently the regulatory -- we are somewhat constrained by the
regulatory agencies on when we can do the dredging, where we can put
the dredging material, where we can put the non-beach quality sand
material. We know we have to do it outside of turtle nesting season
and we know it has to be done essentially between November and April
30th.
The permits that we received from the regulatory agencies were
in such a tight time schedule to do this project that our first
available opportunity to dredge the main channel cut, that's the
problem here, was at this particular moment in time.
The regulatory agencies have essentially indicated currently
that they will allow us to move a portion of the beach quality sand,
Page 24
January 26, 1999
roughly 25 percent of it, north of Clam Pass, essentially on what
most people refer to as the Pelican Bay beach side. And the other 75
percent of that beach quality sand, we have asked and have obtained
approval to move that from south of Clam Pass to the county's beach
facility, to south of the beach facility towards the Naples Cay
project. And we hope that will address a lot of the issues with
respect to the location of that beach quality sand.
There is an eight-inch pipe that we'll be moving that sand with.
We can bury that pipe, we can put dune crossovers or walkovers to
help with the situation. We will move the pipe back towards the dune
line such that if people are walking on the beach it won't impede
their ability to walk or enjoy the beach area.
The non-beach quality sand material, which is intended to go
just south of the pass, is about 3,300 cubic yards, might be a little
bit more than that. We currently intended to dispose of it there,
let it dry out and then truck it out. We are trying to explore
alternatives to barge it off of the beach, you know, put it on a
barge and barge it off-site.
We've explored alternatives. I think some of the question is
that it has a hydrogen sulfate smell, which most people recognize as
the rotten egg smell. We've done some testing of that material. The
level of hydrogen sulfate is very low in that material. We've
identified alternative mechanisms to treat the hydrogen sulfide to
such that there will be virtually no smell in that material at all.
CHAIRWOMAN MAC'KIE: That sounds familiar. Is Waste Management
familiar with that process?
MR. WARD: Yes, sounds like wastewater business.
CHAIRWOMAN MAC'KIE: We've heard this before. Sorry.
MR. WARD: I think at the end of the day, you know, it's
important for us to move forward with the project now. There's a
significant adverse impact if we do not. If we go into turtle
nesting season and we don't have the ability to dredge this main
channel cut and we have some sort of a severe storm event, there
could be an adverse impact on the whole Clam Pass or the whole Clam
Bay system.
We know we can't do emergency dredging during turtle nesting
season. It's never been allowed by the regulatory agencies before.
There are no currently emergency mechanisms in which to dredge that
pass during turtle nesting season.
We think we can address a majority of the problems that have
been raised by the hotels for their constituents or for the people
that will be utilizing those hotels, and you certainly have my
assurances that we will work with them to make that happen over the
next couple of months.
CHAIRWOMAN MAC'KIE: Commissioner Norris had a question.
COMMISSIONER NORRIS: Mr. Ward, how long -- how many days do you
anticipate the dredging operation to take?
Page 25
January 26, 1999
MR. WARD: The contract is a 60-day contract. We have also
asked the contractor if he could shorten the window to something less
than 60 days. We think what's reasonable is probably 45 days to do
this dredging contract.
COMMISSIONER NORRIS: How long to mobilize? Is that included
within the 60 or 45 days?
MR. WARD: Yes, mobilization is included in the 60 days.
COMMISSIONER NORRIS: So if you can get the approval to go
forward, you'll be through by turtle nesting season without a
problem, apparently?
MR. WARD: Yes, sir.
CHAIRWOMAN MAC'KIE: When is the beginning of turtle nesting
season?
MR. WARD: May 1.
CHAIRWOMAN MAC'KIE: So if you started 60 days before May 1,
like March, you would be done before turtle nesting season. MR. WARD: Correct.
CHAIRWOMAN MAC'KIE: And you could avoid some of the high
tourist season and the high use of the park area there.
In the 60 days, will -- what I'm most concerned about is this
pile of stinking sand there. I can't visualize 3,300 square yards.
How big is that?
MR. WARD: 3,300 cubic yards is --
CHAIRWOMAN MAC'KIE: Cubic yards.
MR. WARD: -- probably is what, 14 dump trucks or something of
that nature, so you can -- that's a good reference point for you.
CHAIRWOMAN MAC'KIE: 13 dump trucks full of --
MR. WARD: 300 trucks, I'm told.
CHAIRWOMAN MAC'KIE: 300 trucks?
COMMISSIONER CONSTANTINE: Oh, 14, 300, whatever.
MR. WARD: The point to remember, and I think what's important
to remember, is that the smell of that material is relatively low.
We've done the testing to ensure that it's low. We will try to move
it off of the beach either through barging or we will treat it such
that we will keep the smell down. It has to come out of that area,
so --
COMMISSIONER CONSTANTINE: I was going to say, I mean --
CHAIRWOMAN MAC'KIE: It's a timing question.
COMMISSIONER CONSTANTINE: -- the question is more of when we're
going to do it. Regardless of when we do it, I assume it's still
going to smell.
MR. WARD: Right, it's going to smell.
CHAIRWOMAN MAC'KIE: And the problem that the TDC raised last
night was you're spending tourist dollars to dump smelly sand on the
beach at the height of tourist season, could you please wait a month
or two?
Page 26
January 26, 1999
MR. WARD: I think two points: One is we're not dumping smelly
material on the beach during the height of tourist season. We are
putting beach quality non-smelly sand on the beach. There's roughly
10 percent of the total excavation that has a hydrogen sulfide smell
to it.
CHAIRWOMAN MAC'KIE: But how many truckloads are we talking?
COMMISSIONER BERRY: 300.
CHAIRWOMAN MAC'KIE: 300. I've got to write that down.
MR. WARD: Clearly what we're trying to do is reduce the amount
of smell from that slurry material and try to address the issues that
have been raised by the hotel.
As I said to you, I think you have a significant -- there is a
significant concern, certainly on our part, that if you delay this
project until November, that you could adversely affect the Clam Bay
system, and we literally at this point have a two million dollar
project ongoing at this juncture. And it's certainly not our
recommendation that you delay this at this point.
CHAIRWOMAN MAC'KIE: I'm clear on that.
Do we have registered speakers?
COMMISSIONER CARTER: I'd like to just make one comment, please
CHAIRWOMAN MAC'KIE: Yes, Commissioner Carter.
COMMISSIONER CARTER: -- Commissioner Mac'Kie.
I believe what I'm hearing, I'm hearing possibly barging, I'm
hearing that there may not be as much odor affiliated with this as
we're concerned about, and also remind everyone that if we had a red
tide here and fish wash up on the beach, you'd probably will have
more smell from that than you will from this operation. I think it's
critical that we move forward in this. And if we can get it done in
45 days, I think that that's what we need to do.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: One quick question. When we say well,
we're looking into barging, well, we're looking into approving the
contract today, so when are we going to have an answer on barging?
Because it seems like that's one of those fluffy, we don't really
expect it to happen but it makes a good argument today to distract
from the issue of things.
MR. WARD: I don't think it -- we're not trying to distract from
the issue.
COMMISSIONER CONSTANTINE: What's the likelihood and when will
we have an answer on barging?
MR. WARD: I think probably within about a week on the barging
issue.
CHAIRWOMAN MAC'KIE: So how about if we postpone this decision
for a week until we know if you can barge it off?
Page 27
January 26, 1999
MR. WARD: I would urge you not to do that. As I've said, we
have a two million dollar restoration project underway that's been
ongoing for over two years now.
CHAIRWOMAN MAC'KIE: What would interfere with the ability to
barge it off? Why couldn't you? It's money, right?
MR. WARD: Whether or not it can be done and what the cost of it
is, that's what we are looking at.
COMMISSIONER CONSTANTINE: When did we start looking at that?
MR. WARD: Within the last probably week.
COMMISSIONER CONSTANTINE: And when did we start looking at this
project?
CHAIRWOMAN MAC'KIE: Couple of years ago.
MR. WARD: The issue with respect to The Registry has come up
within the last two weeks.
COMMISSIONER CONSTANTINE: That's not what I asked you. When
did we start looking at this project?
MR. WARD: I think the project has been ongoing for close to two
years now.
CHAIRWOMAN MAC'KIE: Let's, if there's no objection, hear from
the registered speaker.
Do you have something, Commissioner?
COMMISSIONER BERRY: Just a comment about the -- you know, it
either smells or it doesn't smell.
CHAIRWOMAN MAC'KIE: It smells.
COMMISSIONER BERRY: You know. And it's kind of like being
pregnant, you're either pregnant or you're not pregnant. If it
smells, it smells. Okay. It's the same thing. And it's going to be
just as offensive whether it's a little bit of smell or a whole lot
of smell. And 300 trucks --
COMMISSIONER CONSTANTINE: Music to my ears to hear you say
that.
COMMISSIONER BERRY: I understand, Commissioner. But 300
truckloads of smell is an awful lot. And I just -- I would concur
that the project needs to be done. I don't think we're discussing
whether it should be done or not, but I think we need to look at the
time frame here. It just seems amazing that we're even talking about
it at this point in time.
CHAIRWOMAN MAC'KIE: In February.
COMMISSIONER BERRY: Yeah, it just doesn't make a lot of sense.
CHAIRWOMAN MAC'KIE: Mr. Yovanovich?
MR. YOVANOVICH: Commissioners, for the record, Richard
Yovanovich with Goodlette, Coleman and Johnson. We represent The
Registry Resort.
A couple of points of clarification. First of all, after the
project had gone out to bid sometime in December, The Registry Resort
representative, along with county parks and rec's people, were
invited to a meeting to discuss the project.
Page 28
January 26, 1999
At that point, essentially the horse was already out of the
barn, and we were asked what we thought about the project. And we
didn't like the timing of the project, and we immediately started
working with staff as soon as we found out about the timing of the
project. It's been quite a while.
What we're hearing is encouraging. We like what staff is
talking about as far as reducing impact on the park area. It's
important to note that it's not just The Registry that is concerned,
it's county residents who use that park. And we are -- visitors use
it, but we are a minority user of that park area.
CHAIRWOMAN MAC'KIE: I heard last night, Rich, if you don't mind
me saying, that something like 78 percent of the users of that park
are non-registered guests. So this is -- thank you for bringing that
to our attention, Registry Resort, but it's not -- it's only a small
Registry issue. It's a county park issue.
MR. YOVANOVICH: And we see it as an issue where The Registry in
the county should work together to -- CHAIRWOMAN MAC'KIE: Ditto.
MR. YOVANOVICH: -- resolve the issue, and that's what we want
to do.
From what I've heard, it sounds like two weeks to postpone this
is not going to affect the issue of whether or not you can get it
done in time. And at that point, you will have the financial issues
as to the dredging. And maybe it works that that's the win/win
solution for everybody is the dredging issue. And I think we are
encouraged by that as an alternative.
But at this point, that alternative has not been evaluated, and
you're being asked to go forward with an action today that commits
the county to the project as it's been currently bid, which is a
four-stage project with the most important stage occurring during the
high tourist season.
Another factor I think that needs to be considered is that the
county is going to be renovating that park starting in next November,
doing substantial renovations to the park itself. The Pavilion area,
that is also going to be during part of the high tourist season.
So what we're trying to do is coordinate both projects at the
same time so there's only one tourist season impacted by the work.
And that would be our position from The Registry is being a win/win
for the county.
COMMISSIONER CONSTANTINE: I guess that's my question for Mr.
Ilschner is how extensive will our project be next year? And if we
are disrupting things to any great extent next year, does it make
sense to disrupt them only once instead of twice?
MR. ILSCHNER: Madam Chairwoman, for the record, Ed Ilschner.
Answering that question, I'd would state that it makes sense to
only disrupt once.
Page 29
January 26, 1999
And Madam Chairwoman, I'd like to state that with respect to
this particular issue, we would like to encourage you to approve this
item and have the commitment of staff to work very diligently with
public -- Pelican Bay Services, Mr. Ward, to do everything possible
to avoid placing this material at that spoil location. And then if
we encounter problems that we just can't overcome, to come back
immediately to this board and advise you of that, in the plan.
CHAIRWOMAN MAC'KIE: Basically what you're saying is we approve
it contingent on barging or some other solution that would -- MR. ILSCHNER: Some other solution.
CHAIRWOMAN MAC'KIE: Because people at Naples Cay are not going
to be happy with big piles of smelly sand in front. You know,
they're here for this season more than they are normally here. And
it just doesn't seem like the right thing to do, to dump that on
them.
MR. ILSCHNER: Madam Chairwoman, we would like that opportunity.
And then if we encounter difficulties in achieving an alternate plan,
to come back immediately and advise you of that.
COMMISSIONER NORRIS: Do you anticipate you could do that by our
next meeting, which is February the 9th?
MR. ILSCHNER: Yes, sir.
COMMISSIONER NORRIS: Okay.
CHAIRWOMAN MAC'KIE: Are there any other speakers?
MR. FERNANDEZ: Madam Chairwoman, you have four other speakers.
CHAIRWOMAN MAC'KIE: Call them, please.
MR. FERNANDEZ: If I could call them two at a time, please.
Claire DeSilver, and then Alan Varley, the next two speakers.
MS. DeSILVER: Claire DeSilver. I live in Pelican Bay.
I've been involved with this Clam Bay mangrove situation for
close to four years. And it amuses me to hear people talk about
smell, because the rotting mangroves were -- are very pungent. I
heard of people commenting, particularly in Bay Colony, that when
they went outside on the road facing the mangroves, that they got
sick to their stomach.
We have a problem, and this has been going on, we've been
struggling with this. We are finally -- we've got approval from the
DEP, we've got approval from the county, we've raised two million
dollars, and we've had to get bids and all of this. You keep your
fingers crossed that there will not be a major storm event which will
kill the remaining mangroves.
And I understand the smell situation. I have -- we also know
about the dead fish. There are a lot of natural things that happen
which are very smelly. But I urge you, I urge you, to recognize that
we have struggled and will continue to struggle to make this as
palatable as possible, but we don't want to continue to have the
mangroves dying. And every summer is a terrible crisis of whether we
Page 30
January 26, 1999
have a major storm event and kill the rest of the mangroves. And
they are continuing to die.
So please, I would urge you to accept the program that has been
suggested of approving it today, realizing that we all want to
diminish the smell. And that we have had a lot of support on this
mangrove issue from the Seagate and Naples Cay people. So that --
let us go on. Thank you.
MR. FERNANDEZ: Madam Chairwoman, the next speaker is Alan B.
Varley, and then Leslie Brown.
MR. VARLEY: Thank you very much. My name is Alan Varley. I'm
the current chairman of the Pelican Bay MSTBU Advisory Board.
As you folks here on this committee know that we have been
struggling with this for over four and a half years with this
problem. And I can tell you that every year that we have gone into a
summer season without having a plan in place to -- in case we have
torrential rains has left every one of us with kind of with our heart
in our throat. And it's really a terrible disappointment to me to
find out at this very, very last minute that we may be doing the same
thing again for another year.
In the last four and a half years, I think that all of the
people who have looked at that area out there, all of the experts who
have rendered evaluation and plans, I don't think that there is a
single one that has not suggested that that pass had to be opened up
extensively. I don't think there's anyone who has ever suggested
that the sand should be put anyplace but south of the pass. So it's
a surprise to me that at this very, very last minute all of a sudden
we're now wondering well, what can we do with this sand? We have
been talking about this for four years.
The -- there has been some criticism of our planning, that we
have done this and we come up at the very last minute with this plan
to now all of a sudden dispose of this as if this was some new event
that the -- we have not picked this date. The date was picked for
us. The plan, if you know the delays that we have had, was not
approved until July. We have been working frantically trying to get
bids done so that we could get this pass open and begin to get that
system straightened out before the next summer rainy season and
possible hurricane season.
CHAIRWOMAN MAC'KIE: May I ask you, who picked the date?
MR. VARLEY: (No response.)
CHAIRWOMAN MAC'KIE: Up here, it's me.
MR. VARLEY: Yes, I'm sorry.
CHAIRWOMAN MAC'KIE: The speakers are positioned strangely, it
confuses people.
But who picked the date?
MR. VARLEY: Who picked the date? The date of -- what we're
trying to do is to get this done before the turtle season starts, May
1st. And that we got the -- the permit was issued in the latter part
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January 26, 1999
of July. It has taken us this amount of time to get the bids -- the
final plans put together and the bids in. The bids came in last
week.
The -- we heard about The Registry's concern a week ago. We
told them, I believe through Jim, that we would be very happy to work
with them in any way we possibly could. We wanted to be cooperative,
we wanted to be helpful.
We had a meeting, the last meeting, to review this last Monday.
I expected that if they were concerned that they would have been
there and we could have talked about the problems. But I can assure
you that we're trying our very best to get a serious problem done.
I might point out that this is county property. And I might also
point out that the tourist dollars involved here are only about
100,000 out of a -- little over a two million dollar project.
The community -- the WCI Communities, is prepared to go ahead
and do this. We took this on as a project and we started out on it.
We did ask for the tourist tax money be considered because the
tourist tax has paid for opening that pass in the past. And that we
felt it was only reasonable that inasmuch as hopefully this is the
last time that we have to open it, that they might be willing to
contribute the share that they have been doing in the about every
other year in the past.
CHAIRWOMAN MAC'KIE: Can I ask you another question, too?
MR. VARLEY: Sure.
CHAIRWOMAN MAC'KIE: My concern is, is there a great danger if
we were to delay for four weeks or five weeks, you know, some small
amount of time so that at least we're not doing it in February?
MR. VARLEY: Well, let me tell you Commissioner, that I have
lived with this for four years, and every little postponement ends up
being a very big postponement, and we go on and on. I really frankly
think we're up against the wall. If we don't get this approved today
I frankly, myself, do not believe we'll get it done before the turtle
season starts.
Now, I think we can work out ways. I would like to have that
sand all go north of the pass, if it was possible. Let Pelican Bay
have the sand instead of giving it to somebody else. Now, I'm not
sure that can be worked out with the -- that was not part of the
permit, and we'd have to go back and be having more delays about it.
But I think that this plan needs to be approved, that we'll do
our very best to work with The Registry and anybody else in whatever
concerns they have. But we're talking about a mangrove conservation
area here that is not going to stand another big challenge like we
had four years ago.
I would urge you to approve this and let these folks do their
very best to work it out on a cooperative basis. Thank you.
CHAIRWOMAN MAC'KIE: Thank you, sir.
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January 26, 1999
MR. FERNANDEZ: Next speaker is Leslie Brown, and then Alice Kay
Potter.
MR. BROWN: Pass.
CHAIRWOMAN MAC'KIE: Mr. Brown passes.
MR. FERNANDEZ: Alice Kay Potter, and then Raymond O'Connor.
MS. POTTER: Good morning.
CHAIRWOMAN MAC'KIE: Good morning.
MS. POTTER: I'm Alice Kay Potter, president of the Mangrove
Action Group, which is a group of concerned citizens in Pelican Bay.
Before I speak my little peace, I wanted to thank Dr. Varley and
Mr. Cotter and Mr. Ward, and everyone who has worked so hard.
They've given generously of their time and they have literally
sweated blood to work this plan out.
We have had so many delays and disappointments. We think -- we'd
be right up to the mark and then it would happen. I was just
positive this time it would go. I can't tell you how badly I felt and
how many telephone calls I've had this morning since the newspaper
was delivered. I can only echo on behalf of hundreds of residents in
my organization what Dr. Varley has said so well and what Mr. Ward
has said.
We watch the dead mangroves from our balconies, and it is a
conservation area. We're doing all that we can do. We're putting up
our money where our mouth is, so to speak.
And I urge you, ladies and gentlemen, to -- I know it's -- you'd
like to take care of everybody, I know that. But if you could just
look at the broad picture.
We have endured a great deal. If those mangrove forests die, we
will lose an incomparable treasure. We will lose protection against
hurricane forces, we will lose beauty, we will lose the basis of the
chain of life. We will all be poorer for it.
Please, while we sympathize, I'm convinced these honorable
gentlemen can work with The Registry so that it will not affect them
adversely. And there will be so many times in the future when we can
work with them and help them. So if you can look at the big picture,
look at the future. Please, endorse this proposal. Thank you.
CHAIRWOMAN MAC'KIE: Thank you, ma'am.
MR. FERNANDEZ: Final speaker is Raymond O'Connor.
MR. O'CONNOR: Good morning. My name is Raymond O'Connor and
I'm the president of Pelican Bay Property Owners Association, and we
represent about 3,000 of the homeowners in Pelican Bay.
And I'm here to say that we feel that since the beginning of
this mangrove problem that we have struggled with this problem as a
community, and we've gone the extra mile. We've put up our own money
for this. And every time we seem to make some progress, something
else gets thrown up in our way. And it gets kind of discouraging.
The purpose of our organization primarily is to protect and
enhance the property values of the people in Pelican Bay. Now, if
Page 33
January 26, 1999
these mangroves are not taken care of in a timely manner, and we
think the time is slipping away from us, as you have heard from Dr.
Varley and other people who spoke before me, but I think you have to
consider what the property values would have -- how they would be
affected if this mangrove preserve goes down completely. And there's
a danger of that.
We don't know the causes of it. We've heard 20 different
explanations as to why these mangroves are being destroyed. But the
one thing that we do know is every expert says that we've got to do
something and we've got to do it quickly.
And I just remind you that if our property values go down, your
tax base goes down. It's a selfish kind of a reason for you and for
us, but I think it's also for the entire county. This property, as
has been pointed out to you in the past, belongs to Collier County.
So if you don't do something to help us do something, I think we all
suffer.
So I ask you to really consider very carefully what you do here
today, because it has a terrible impact on us in the future. Thank
you very much.
CHAIRWOMAN MAC'KIE: Thank you.
MR. FERNANDEZ: You have no other speakers, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Okay. What's the pleasure of the Board?
COMMISSIONER CARTER: I move we accept as has been proposed and
we go forward and issue these permits and get the job done and that
we do not delay this any further.
COMMISSIONER CONSTANTINE: I'll second that, particularly with
Mr. Ilschner's comments. So we can, I think, alleviate the concerns
and not end up with the mess that perhaps has been brought forward as
a concern. If we can avoid that and still get the job done, then we
ought to do it.
MR. ILSCHNER: Madam Chairwoman, we will commit to work very
diligently to accomplish that.
COMMISSIONER NORRIS: Can I ask one clarification?
CHAIRWOMAN MAC'KIE: Certainly, Mr. Norris.
COMMISSIONER NORRIS: Mr. Ward, when -- if the motion is
approved as it stands right now, when would you anticipate starting
the project?
MR. WARD: Probably not too much before March 1, actually.
COMMISSIONER NORRIS: Okay. Well, that would be my concern if
we could -- I know that if you wait till March 1st, you're taking a
big risk that you won't finish by May 1st for some unforeseen reason.
But on the other hand, I think that would go a long ways towards
alleviating some of the concerns of the hoteliers and our county
beach-goers as well.
So if your commitment is that you won't start before at least
the third week of February, then I'll be glad to support the motion.
MR. WARD: We could commit to that.
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January 26, 1999
CHAIRWOMAN MAC'KIE: That's wonderful.
COMMISSIONER BERRY: I would go along with the March start time.
I think that will help alleviate a lot of the concerns as well.
CHAIRWOMAN MAC'KIE: So does the motion incorporate that third
week of February, not sooner than that, as a start time?
COMMISSIONER CARTER: I'm going to defer to Mr. Ward for a
moment, let me ask that question, or Mr. Ilschner. Is that what
you're telling us that's when we can start? I don't want to put a
date and say, well, if we could start the second week of February or
the third week of February, well, we've got to wait two weeks now
because we have a motion here that says we can't go before February
1. I don't want to put any handcuffs on these people. If they can
start the third week, let's do it. So I need to have some direction
here.
MR. WARD: As Ed had indicated to you, and as Pelican Bay
Services, we're committing to do whatever it takes to work with The
Registry. If we have to move the date back to the third week of
February, we'll move the date back to the third week in February in
trying to shorten the time frame. I'd prefer not to have it in the
motion, but if it's in the motion, that's what we will live with. We
will do whatever we can to barge the material, to make the smell go
away, to put the beach quality sand south of the existing facility,
the county's facility north of the Pelican Bay facility. We will do
what it takes to get the job done and work with The Registry. You
have our commitment of that, so --
COMMISSIONER CARTER: And Madam Chair, I would prefer not to
restrict the motion.
COMMISSIONER NORRIS: Then I can't support the motion.
COMMISSIONER CONSTANTINE: I need to be clear on that on the
motion. The motion does or does not include Mr. Ilschner's
commitment?
MR. WARD: I believe it -- it's up to the Commissioner, but I
certainly --
COMMISSIONER CARTER: Well, I can go with Mr. Ilschner's
commitment, I have no problem with that. What I'm not trying to do is
tie the hands of the group to do it. If the only way we're going to
get this through this Board this morning is to say that we can't
start it prior to the third week of February, and we can all live
with that, then I can go that direction. I just don't like to
restrict that.
But I'm hearing Mr. Ilschner, I believe, telling me, and I'm
hearing Mr. Ward tell me, that we can roll that by the third week of
February and get the job done.
MR. WARD: We'll make that commitment to you, Commissioner.
COMMISSIONER CARTER: Okay. Then I can go with that.
COMMISSIONER NORRIS: Then you're amending your motion?
Page 35
January 26, 1999
COMMISSIONER CARTER: I'm amending my motion that we will be
underway by the third week of February.
MR. WARD: Thank you, Commissioner.
COMMISSIONER NORRIS: That's not --
CHAIRWOMAN MAC'KIE: That's not the question.
COMMISSIONER NORRIS: -- that's not what I'm looking for.
COMMISSIONER CONSTANTINE: I think the question or the
commitment -- and this may not have been what you were asking for,
but I think what I just heard Mr. Ward saying is we won't start prior
to the third week of February.
MR. WARD: We'll make the commitment that we will start the
first day of the third week of February.
COMMISSIONER CARTER: That's satisfactory, Commissioner Norris.
I can live with that.
COMMISSIONER BERRY: That comes down to being what, the 15th of
February?
COMMISSIONER NORRIS: Something like that.
COMMISSIONER CARTER: I don't have a calendar.
COMMISSIONER BERRY: I would still like to hang on to the 1st of
March myself, but I think that would be the best of both worlds.
CHAIRWOMAN MAC'KIE: So you may not have a motion that will pass
at this point because --
COMMISSIONER BERRY: I want to support the motion. I'm in favor
of going ahead and doing the project. I don't have any problem with
the project. That's not the issue. The issue is the timing of it.
COMMISSIONER CONSTANTINE: What about February 22nd? That's
halfway in between. 15th is only halfway, even though it's the first
of the third week. That will buy us -- buy you another week's time.
That's still essentially -- when I think of the third week, I would
think of the 21st, normally.
MR. WARD: Right, you're going to be mobilizing that week anyway
and probably not doing a lot of dredging. And you're really not
going to start that construction probably until the fourth week of
February or even the first week of March.
COMMISSIONER CONSTANTINE: Commissioner Berry, would you be more
comfortable with that?
CHAIRWOMAN MAC'KIE: It's a mobilization --
COMMISSIONER CONSTANTINE: I see a thumbs up from Commissioner
Norris.
CHAIRWOMAN MAC'KIE: Mobilization the week of the 22nd would --
COMMISSIONER BERRY: The 22nd.
CHAIRWOMAN MAC'KIE: Okay, so the motion is we'll not start
before February 22nd, with a commitment from Mr. Ilschner and Mr.
Ward that we'll do everything possible to get the sand that results
in the smell problem, in particular either barged off or somehow
moved so that it's not a problem for the residents there.
Page 36
January 26, 1999
COMMISSIONER NORRIS: The other part of Mr. Ilschner's
commitment was that if he was unable to come up with a solution to
barge or some other solution to take care of that material, that he
would be back by February the 9th. CHAIRWOMAN MAC'KIE: Okay.
MR. ILSCHNER: Madam Chairwoman, that answer is yes.
CHAIRWOMAN MAC'KIE: Okay. So is that all included in the
motion, Commissioner?
COMMISSIONER CARTER: Yes, it is.
CHAIRWOMAN MAC'KIE: And the second?
COMMISSIONER CONSTANTINE: Indeed.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously. Thank you.
Item #8B4 - Moved from Item #16B5
AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILSON,
MILLER, BARTON, PEEK, INC. FOR THE GORDON RIVER EXTENSION BASIN STUDY
PROJECT #31005 - APPROVED
Okay, the next item, Commissioner Constantine, you pulled this
off of the consent.
COMMISSIONER NORRIS: Is it a long one or a short one?
CHAIRWOMAN MAC'KIE: It should be a short one, I think, and then
we'll take a break. Wilson-Miller thing. 6 -- I didn't write it
down.
COMMISSIONER CONSTANTINE: 16 (B) (5) .
CHAIRWOMAN MAC 'KIE: 16 (B) (5) .
COMMISSIONER CARTER: 16 (B) (5) .
CHAIRWOMAN MAC'KIE: If you wouldn't mind, please, we're going
to go ahead with the next agenda item. We'd appreciate your being a
little quiet.
16(B}(5). Do we have somebody from staff who can --
COMMISSIONER CONSTANTINE: I think John Boldt's making his way
up.
CHAIRWOMAN MAC'KIE: Trying to get there, okay. This was the
Gordon River project.
COMMISSIONER CONSTANTINE: Ed, just a question. I understand how
we divvy up the costs. The 16.66 percent is City of Naples, and the
Big Cypress basin takes about a third and we take the remainder.
The extension of this study is requested by the city, and
appears to be completely within the city. I'm just wondering, and
there may be -- I'm not arguing, I just don't understand why, then,
the expense is still divvied up that same way.
Page 37
January 26, 1999
MR. BOLDT: For the record, John Boldt, County Stormwater
Management Director.
I wish I could show you a little better picture, but this is the
total basin involved, which includes -- basically this much of it is
in the City of Naples. The rest of it is in Collier County.
Basically by an oversight we didn't include one of the major
basins, sub-basins, down on the lower end, which the city brought to
our attention as a funding partner. We included it in at the cost
sharing.
Also, you need to know that there's going to be some additional
aerial mapping involved down here. Previously in a consent agenda,
you approved an item with Wilson-Miller to do some mapping of the
Haldeman and Rock Creek. We got the plane-in-the-air scaled economy.
We're going to do that mapping of this area down here, and the city
has paid $10,000 towards that. So I think they've paid more than
their fair share of this additional work.
COMMISSIONER CONSTANTINE: Okay. As long as you're comfortable
with that. Thank you. I'll move the item.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: Motion and second. All in favor, please
say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously. And we'll take a
break until 10:35.
(Brief recess.)
Page 38
GORDON RIVER EXTENSION BASIN STUDY
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. I to the Agreement dated April 7, 1998 (hereinafter referred
to as the "AGREEMENT") is made and entered into this c:~(j /'h day of
~v~u,Rr,.i , 19c~%, by and between the Board of County Commissioners for
Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to
as the "OWNER") and Wilson, Miller, Barton, Peek, Inc., authorized to do business in the
State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida
34105-8507 (hereinafter referred to as the "CONSULTANT").
WITNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional
services agreement for the provision of professional services for the Gordon River
Extension Basin Study (hereinafter referred to as the "PROJECT"), said services more
fully described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some modifications (expansion of
the project limits to the south, due to a request from the City of Naples) to the services
being contemplated under said AGREEMENT are necessary; and
WHEREAS, CONSULTANT represents that he has the expertise and the type of
professional services that will be required for completion of the project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein, parties agree as follows:
ARTICLE ONE
1.1 CONSULTANT shall provide to OWNER professional Engineering, Surveying, and
Environmental services in all phases of the project to which this Amendment applies.
1.2 CONSULTANT shall provide professional services in addition to those as outlined in
said
AGREEMENT as noted in Exhibit A of this Amendment;as attached hereto.
1.3 Section 3.1 (Page 6) of the Agreement shall be amended to read as follows:
However, the PROJECT Coordinator is not authorized to issue any verbal or wdtten orders
or instructions to the CONSULTANT that would have the effect, or be interpreted to have
the effect, of modifying or changing in any way whatsoever unless approved, in advance, by
the County Administrator or his designee:
(a) The time the CONSULTANT is obligated to commence and complete all such
services; or (b) The amount of compensation the OWNER is obligated or committed
to pay the CONSULTANT provided that the change (or the sum of the changes)
amounts to 10 percent or less, of the current Board approved amount and does not
exceed $50,000.
1.4 Section B.2 of Schedule B, Basis of Compensation (Page 30) of the AGREEMENT
shall be amended to read as follows:
The time and reimbursable cost sum figures on Exhibit B shall not be exceeded
without a change in the scope of the PROJECT being approved by the County
Administrator or his designee.
ARTICLE TWO
2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as
prescribed in Exhibit B, entitled "Exhibit B - Fees" For Basic Services and Consultant's
Estimate of Additional Services, as outlined in said AGREEMENT with the modifications to
Exhibit A to said AGREEMENT which are attached hereto and made a part hereof.
ARTICLE THREE
3.1 The schedule for said PROJECT will remain unchanged.
ARTICLE FOUR
4.1 The AGREEMENT, as amended, shall remain in full force and effect.
,)AN ? 6 ~9g
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional
Services Agreement for the Gordon River Basin Study the day and year first written above.
ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A
-': -- POLITICAL SUBDIVISION OF THE STATE
· '-~ .....' ...... OF FLORIDA
B DWigTi~t~'E:~ Brock, Ci~k: C By: P me a EL "e ChaI o.an
Ap~,r,~{;~l as.to form and:' ' '-
itn/ess~ on, M'~
" ,,z,~. By: , _
Fermin A. Diaz, Execu/ti~e Vice ~ident
'~~~ (CORPORATE SEAL)
W~ s
A N 2 E; 199g
EXHIBIT A - SCOPE OF SERVICES
PROJECT: Gordon River Extension Basin Study Phase III DATE: December 8, 1998
Supplemental Agreement No. 1
PARAGRAPH SERVICE
4.1. Mapping Additional Services
4.1.1. In accordance with Assumption 2.3, Wilson Miller will obtain a copy of the
Sections 34 and 35, Township 49 South, Range 25 digital map from the Collier
County Property Appraiser's Office. Wilson Miller will geo-referencc and edge-
match the additional parcel maps.
4.2. Surveying Additional Services
4.2.1. Wilson Miller will survey the existing storm sewer trunk line running on the west
side of Goodlcttc-Frank Road from Fleischmann Boulevard south to the
beginning of the trunk line across from the City of Naples Public Safety Building
and including the existing 72" outfall across Goodlette-Frank Road near Broad
Avenue South. W-M shall provide survey data regarding existing pipe sizes,
inverts, top of grate and edge of pavement elevations at each trunk line junction
box or manhole. The County shall assist Wilson Miller by providing access to the
drainage structures.
4.2.2. Wilson Miller will incorporate the expanded basin area into the Basin Boundary
Delineation Map that will be prepared in accordance with Section 3 of the Scope
of Services of the Agreement.
4.2.3. No additional cross sections
4.3. Additional Basin Related Research and Information Collection
4.3.1. Wilson Miller will collect available information as described in Section 1 of the
Scope of Services of the Agreement for existing developments within the
expanded basin area described in Exhibit 1.
4.4. Secure new 1:24000 scale black and white aerial photography. Scan 1000 DPI and
geore~a~.e to control coordinates provided by Wilson, Miller, Barton & Peek, Inc.
Pn>v~de three (3) image files in TFW/TIFF format on CD-ROM. Refer to the attached
letter from Aerial Cartographics of America, Inc. dated June 18, 1998 incoporated herein
I 1/10/98-44135 Ver: 03!-AGONZAL.EZ
N0475-003-000--0
Exhibit A, Scope of Services Page 2
Gordon River Extension Basin Study Area
Supplemental Agreement No. 1
for an explanation of the aerial photography services to be provided in accordance with the
scope of work described in Item B.
4.5. Deliverables
4.5.1. No additional deliverables will be produced for the additional services referenced
herein. The work products will be incorporated into the deliverables defined in
Section 4 of the Scope of Services of the Agreement.
4.6. Reimbursable Expenses
No additional reimbursable expenses are anticipated.
4.7. Excluded Services
The professional services that Wilson Miller will provide under this Proposal/Agreement
include, and are limited to, those described above in Section 4.0, SCOPE OF SERVICES.
All other services are specifically excluded. Listed below are excluded services which may
be required or desired for the Project:
4.7.1. Materials testing.
4.7.2. Geotechnical services. Hydrogeological services. Hazardous waste assessments.
4.7.3. Review of abstract of title.
4.7.4. Subdivision plans.
4.7.5. Plat preparation.
11/10/98-44135 Vcr: 03 !-AGONZALEZ
N0475 -003 -000--0
EXHIBIT B - FEES
PROJECT: Gordon River Extension Basin Study Phase III DATE: December 8, 1998
Supplemental Agreement No. 1
PARAGRAPH SERVICE FEE FIXED FEE OR
TYPE ESTIMATED AMOUNT
4.1 Mapping Additional Services T/M/E $620
4.2 Surveying Additional Services T/M/E $8,840
4.3 Additional Basin Research and Information T/M/E $3,915
Collection
4.4 New 1:24000 digital aerial photography Fixed $3,125
Total Additional T/M/E fees $16,500
11110/98-44135 Ver: 03!-AGONZALEZ
NIM75-003-000--0
.. RTO RAPHICS
· ?AMERICA, INC. WILSON!~ILLER
'-
Mr, Steven Ries
GIS Manager
WILSON, MILLER, BARTON & PEEK
3200 Bailey Lane @ Airport Road, Suite 200
Naples, FL 34105
Subject: Gordon River Basin Imagery
ACA PropoSal #9614
Dear Mr. Ries:
Pursuant to your request for digital raster imagery for the above mentioned project, please find Aerial
Cartographics of Amedca's proposed scope of work and related fees.
Project Limits: '~, ,2.#
Township 49S, Range 25, Sections 2,
Scope of Work:
A) Utilize existing 1:24000 scale black and white photography secured on 10/21/96. Scan 1000
DPI and geo-reference to existing TFW/TIFF imagery provided by Wilson, Miller, Barton & Peek.
Provide three (3) image files in TFW/TIFF format on CD-ROM.
B) Secure new 1:24000 scale black and white aerial photography. Scan 1000 DPI and geo-
-~ '> reference to control coordinates provided by Wilson, Miller, Barton & Peek. Provide three (3)
image files in TFW/TIFF format on CD-ROM.
Fee Schedule:
Item A: One thousand, two hundred and seventy dollars ................... $1,270.00
Item B: Three thousand, one hundred and thirty-five dollars ................. $3,125.00 ,~-.---f~('
We appreciate the opportunity of submitting this proposal and look forward to working with you on this
project.
Very truly yours,
AERIAL CARTOGRAPHICS OF AMERICA, INC. fd ~. ~.
s~even Kuda. P.S.M.
Vice President
$K/pD
January 26, 1999
Item #8C1
AGREEMENT FOR SALE AND PURCHASE OF 175+/-ACRES OF LAND AND AUTHORIZE
THE SALE OF A LONG TERM REVENUE BOND FOR A PROPOSED NORTH NAPLES
REGIONAL PARK - APPROVED
CHAIRWOMAN MAC'KIE: ***I call the meeting back to order. And
we are starting with item 8(B) -- 8(C)(1), which is -- has to do with
the North Naples Regional Park. Mr. Olliff?
MR. OLLIFF: Good morning, Madam Chairwoman. This is item
8(C)(1). And for the record, I'm Tom Olliff, the Public Services
Administrator.
The item before you this morning is a consideration of a parcel
of property that's located in the North Naples planning community.
It is one mile south of Immokalee Road. And if you've seen the map -
COMMISSIONER CONSTANTINE: Madam Chairwoman, move approval.
CHAIRWOMAN MAC'KIE: I concur. I don't need to hear about this.
It's a great idea.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Are there any speakers?
MR. FERNANDEZ: Madam Chairwoman, you have one speaker. Brett
Ortengren.
MR. ORTENGREN: If you're going to approve, I waive.
CHAIRWOMAN MAC'KIE: Okay, he's waiving.
Okay, well, we have a motion and a second for approval.
Is there anything else you need to tell us, Mr. Olliff?
MR. OLLIFF: Not a thing, ma'am.
CHAIRWOMAN MAC'KIE: Okay. All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
COMMISSIONER NORRIS: Mr. Olliff knows how to do these.
CHAIRWOMAN MAC'KIE: He's a smart man.
COMMISSIONER CARTER: Would you like to come over and help us in
Pelican Bay?
Page 39
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WILLIAM
SCHWEIKHARDT, AS TRUSTEE, under Land Trust No. 5197, with full power and authority
either to protect, conserve and to sell or to lease or to encumber or otherwise manage and
dispose of the real property described herein, (hereinafter referred to as "Seller), and
COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described as:
SEE ATTACHED EXHIBIT "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set fodh, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
i. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described above.
II. PAYMENT Of PURCHASE PRICE
2.01 The purchase price (the "PURCHASE PRICE") for the Property shall be FIVE
MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($5,250,000).
Notwithstanding anything to the contrary herein, the PURCHASE PRICE shall not be
less than FIVE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS
($5,250,000). The PURCHASE PRICE shall be paid in U. S. Currency and shall be
payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held after January 31, 1999, following execution of this
Agreement by the Purchaser but not later than April 30, 1999, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the Collier
County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples,
Florida. The procedure to be followed by the padies in connection with the Closing shall
be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
I ~ ~ ? 6 199g
3.0112 Mechanics Lien and Possession Affidavit.
3.0113 Combined Purchaser-Seller closing statement.
3.0114 A "non-foreign person affidavit" as required by Section 1445 of the
Internal Revenue Code.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.0116 Such instruments as may be required by the title insurance
underwriter in order to insure the "gap" and issue the policy contemplated by
the title insurance commitment.
3.012 At the Closing, the Purchaser, or its assignee, shall deliver to the Seller the
following:
3.0121 A cashier's check drawn on a bank with an office in Collier County,
Florida, or a County Warrant issued by Purchaser, in an amount equal to the
PURCHASE PRICE. No funds shall be disbursed to Seller' until the Collier
County Title Company, herein called the "Title Company" verities that the
state of the title to the Property has not changed adversely since the date of
the last endorsement to the title insurance commitment, referenced in Section
4.011 hereto, and the Title Company is irrevocably committed to pay the
PURCHASE PRICE to Seller and to issue the Owner's title policy to
Purchaser in accordance with the commitment immediately after the recording
of the deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at
its sole cost and expense, shall pay, at Closing, all documentary stamp taxes due on
the transaction in accordance with Chapter 201.01, Florida Statutes, and the cost of
recording any instruments necessary to clear Seller's title to the Property. The cost of
the Owner's Title Insurance Policy, issued pursuant to the Commitment provided for in
Section 4.011 below shall be paid by Purchaser. The cost of the title commitment shall
be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and paid
by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes
will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall perform
the following within the times stated, which shall be conditions precedent to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title, an ALTA Commitment (1966) for an Owners Title Insurance Policy
covering the Property, issued by a title insurance company selected by the
Purchaser. Purchaser shall have thirty (30) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
liens evidencing monetary obligations, if any, which obligations shall be paid at
closing. If Purchaser is not satisfied, for any reason whatsoever, with the results of
the title commitment, Purchaser shall deliver to the Seller written notice of its
intention to waive the applicable contingencies or to terminate this Agreement.
,* i~k ~! ? 6 i999~
4.012 {f Purchaser shah fai{ to advise the Seller in writing of any such objections in
Se{{er's tit{e in the manner herein required by this Agreement, the title shah be
deemed acceptable. if any oblections to t}tle exists, and upon notification of
Purchasers intention to waive the applicable contingencies, Se{ier shah have thirty
(30) days to remedy any defects in order to convey good and marketab{e title,
except for Hens or monetary obiigations which will be satisfied at C{osing. Se{{er, at
its sole expense, shah use its best efforts to make such title good and marketab{e.
{n the event Se{ier is unable to cure said objections within said time period,
Purchaser, by providing written notice to Se{{er within two (2) days after expiration
of said thirty (30) day period, may accept tit{e as it then is, waiving any objection; or
Purchaser may terminate the Agreement. A fai{ure by Purchaser to give such
written notice of termination with{n the time period provided herein shah be deemed
an e{eciion by Purchaser to purchase the Property {n accordance with this
Agreement.
4.013 Purchaser shah have the option, at its own expense, obtain a current survey of
the Property prepared by a surveyor licensed by the State of Florida. Sei{er agrees
to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30)
days of execution of this Agreement.
V. APPRAISAL PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal
Period), to obtain two (2) independent appraisals in order to determine the value of the
Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the
independent appraisals, Purchaser shall deliver to the Seller within thirty (30) days from
the expiration of the Appraisal Period, written notice of its intention to waive the
applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the
Seller in writing of its specific objections as provided herein, it shall be deemed that the
Purchaser is satisfied with the results of its investigation and the contingencies of this
Article V shall be deemed waived. In the event Purchaser elects to terminate this
Agreement copies of the appraisal reports shall be furnished to the Seller.
5.03 Seller acknowledges that if the agreed PURCHASE PRICE stated in Paragraph
2.01 exceeds the average of the two (2) independent appraisals, the Purchaser is
required to approve the purchase by an extraordinary vote.
VI. INSPECTION PERIOD
6.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development
of the Property.
3. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
4. The property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to waive the applicable contingencies or to
terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific
objections as provided herein within the Inspection Period, it shall be deemed that the
Purchaser is satisfied with the results of its investigations and the contingencies of this
Article VI shall be deemed waived. In the event Purchaser elects to terminate this
Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of
all engineering reports and environmental and soil testing results commissioned by
Purchaser with respect to the Property.
3
! ~!: ? E 199~
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in performing such tests, use due care and shall indemnify Seller on account of
any loss or damages occasioned thereby and against any claim made against Seller as
a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty
four (24) hours prior to said inspection of the Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. PRORATIONS
9.01 Ad valorera taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 1997 taxes, and shall be paid by
Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within fifteen (15) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon Fifty Thousand Dollars ($50,000.00) shall be paid to Seller as liquidated
damages which shall be Seller's sole and exclusive remedy, and neither party shall
have any further liability or obligation to the other except as set forth in paragraph 13.01
hereof. The parties acknowledge and agree that Seller's actual damages in the event
of Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be determined
by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011A Seller is the owner of the Property in fee simple.
4
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
11.01 3 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
11.01 6 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
11.01 7 Seller represents that there are no incinerators, septic tanks or cesspools on
the Property; all waste, if any, is discharged into a public sanitary sewer system.
Seller represents that they have (it has) no knowledge that any pollutants are or
have been discharged from the Property, directly or indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and regulations,
or any other activity that would have toxic results, and no such hazardous or toxic
substances are currently used in connection with the operation of the Property, and
there is no proceeding or inquiry by any authority with respect thereto. Seller
represents that they have (it has) no knowledge that there is ground water
contamination on the Property or potential of ground water contamination from
neighboring properties. Seller represents no storage tanks for gasoline or any other
substances are or were located on the Property at any time during or prior to
Seller's ownership thereof. Seller represents none of the Property has been used
as a sanitary landfill.
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply
with any laws, ordinances, codes or regulation with which Seller has not complied.
11.01 9 There are no unrecorded restrictions, easements or dghts of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
5
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects the
Property or which adversely affects Seller's ability to perform hereunder; nor is there
any other charge or expense upon or related to the Property which has not been
disclosed to Purchaser in writing prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act which would change the zoning or physical condition of
the Property or the governmental ordinances or laws governing same. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the zoning, or
any other action or notice, that may be proposed or promulgated by any third parties
or any governmental authorities having jurisdiction of the development of the
property which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"),
which was amended and upgraded by the Superfund Amendment and
Reauthorization Act of 1986 ("SARA"), including any amendments or successor in
function to these acts. This provision and the rights of Purchaser, hereunder, shall
survive Closing and are not deemed satisfied by conveyance of title.
11.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Purchaser: Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to: Heidi F. Ashton, Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller: William Schweikhardt, Trustee
900 6th Avenue South
Naples, Florida 34102
12.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only,
unless and until such wdtten notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context
so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08 Seller is aware of and understands that the "offer' to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to Collier County. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
?
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.) ~At~ 2 ~ 3999
14.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
14.11 All references herein to the date of this Agreement shall mean the date that it
is delivered to Seller after it has been executed by Purchaser.
14.12 Purchaser is notified that RICHARD L. JAEGER is a registered Real Estate
Broker and that VAN L. SWIFT and EDWIN HEDLUND are registered real estate
salespersons. Each has a beneficial interest in land trust 5197.
14.13 Within thirty (30) days following the date of this agreement, Purchaser shall
contact the record owners of Tax Parcels 49, 53, 55, 58 and 66 in Section 30,
Township 48 South, Range 26 East, Collier County, FL and shall present an agreement
for sale and purchase at a price determined by Purchaser for consideration by the
record owners. Any and all Agreements for Sale and Purchase shall be contingent
upon approval by the Collier County Board of County Commissioners.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
This Agreement shall terminate and be null and void if not executed by Purchaser and
returned to Seller on or before 5:00PM EST January 30, 1999.
I
8
b A N ? ~ 1999
IN WITNESS WHEREOF, the parties hemto set forth their hands seals.
Dated Project/Acquisition Appmved by
BCC:
AS TO PURCHASER:
DATED;~ ~ "-'~ ,-,., ~ -
%
ATTEST: . ::',> :~, :?- BOARD OF COUNTY COMMISSIONERS
'~ BROC ': ~rk, COLLIE COUNTY, FLORIDA
~ BY: ~,
'~ ', .': ~ ~ 7..', -.:" .:~ ,~eputy Clerk
signature. or&] ,
Approved as f~ form and
legal su~ciency:
Heidi F. Ashton
Assistant County A~orney
:Z ~ t
(Print Name)
EXHIBIT "A"
Parcel 1: The East (E) '~ of the Northeast (NE) ¼ of the Southwest (SW) ¼ of Section 30,
Township 48 South, Range 26 East; and,
Parcel 2: The East (E) ~ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30,
Township 48 South, Range 26 East; and,
Parcel 3: The West (W) ¼ of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30,
Township 48 South, Range 26 East; and,
Parcel 4: That portion of the East (E) ~ of the Southwest (SW) ¼ of the Southeast (SE) ¼
of Section 30, Township 48 South, Range 26 East, lying West of Parcel 129 (I-75 Right-of-
Way), which right-of-way parcel is described in Official Records Book 986, Page 1273, Public
Records of Collier County, Florida; and,
Parcel 5: The West (W) % of the Northwest (NW) ¼ of the SW ¼ of Section 30, Township
48 South, Range 26 East; and,
Parcel 6: The West (W) ¼ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of Section 30,
Township 48 South, Range 26 East; and,
Parcel 7: The East (E) ~ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of Section 30,
Township 48 South, Range 26 East; and,
Parcel 8: The West (W) ~ of the Northwest (NW) ¼ of the Southeast (SE) ¼ of Section 30,
Township 48 South, Range 26 East; and,
Parcel 9: The East (E) % of the Northwest (NW) ¼ of the Southwest (SW) ¼ of Section 30,
Township 48 South, Range 26 East; and,
Parcel 10: The Southwest (SW) ¼ of the Northeast (NE) ¼ of the Southwest (SW) ¼ of
Section 30, Township 48 South, Range 26 East; and,
Parcel 11: The Northwest (NW) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of the
Southwest (SW) ¼, less the West (W) 30 feet AND the Northeast (NE) ¼ of the Northwest
(NW) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48
South, Range 26 East.
All of the above parcels situated and lying in Collier County, Florida, and consisting of
approximately 175 acres, as referenced in O. R Book 1753, Page 328 and O. R. Book 1753,
Page 329, et. seq.
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January 26, 1999
Item #8C2
REVIEW OF THE COUNTER OFFER REGARDING THE HISTORIC ROBERTS RANCH
PROPERTY IN IMMOKALEE - STAFF TO PURSUE APPRAISALS AND CONTRACT,
CONTINGENT UPON FINANCING - DENIED
CHAIRWOMAN MAC'KIE: A little harder probably is the next item,
8(C)(1), review the counteroffer on Roberts Ranch.
You're going to help us with this one, Mr. Olliff?
MR. OLLIFF: We'll do our best.
Again, for the record, Tom Olliff, Public Services
Administrator.
The background, I think, you're familiar with on this particular
project.
CHAIRWOMAN MAC'KIE: That's okay. Yes, I'm sorry, we're doing a
little lighting adjustment up here.
MR. OLLIFF: The Roberts Ranch property is a historically
significant old Florida working ranch property located in Immokalee.
On the visualizer I've put up what is called the Roberts Ridge
PUD tract map. And this was a PUD that was approved that divided the
total property into several different tracts.
The county actually was deeded the tract in the middle, which is
Tract E, where the main house is already located for a historical
site.
In addition to that, however, the last time this item was
brought forward to the Board, the Board directed that the staff
proceed to try and obtain what is Tract D. Tract D is adjacent there
to Tract E, and it's the location of a number of the other facilities
that are associated with the ranch. We were directed to make a
proposal, and at $500,000, 4 or $500,000 for that property.
What you see in your executive summary is the response, which
was a counteroffer. And the counteroffer was from the families to
purchase not only Tract D, but to include with that Tract C, which is
a much larger parcel. It is about 10 acres more than the county had
originally looked at, bringing the total number of acres to about 18
and a half acres.
The counteroffer also requested that the county consider a
purchase price of 1.1 million; whereas, in the first instance, the
Board was prepared to offer $500,000.
We've tried, based on the Board's original direction, which
seemed to be to have a desire to obtain this, to at least provide you
with some funding options for pursuing that counteroffer, if it was
the Board's desire to do so.
I will tell you that the project's not budgeted, and it's a
difficult project to try and find financing for. But your fiscal
impact within the executive summary indicates that funds are
Page 40
January 26, 1999
available and could be transferred from the general fund reserves,
which is always an option for this type project.
In addition, there's a short-term note that could be taken
through the existing commercial paper program and repaid out of next
year's non-CIE capital project, such as generally what's called your
Fund 301 Capital Projects.
And the last option, which is that funds could be borrowed
against future tourist taxes. And the county does have an ordinance
that provides for the funding of museums, but it would require an
amendment to your existing ordinance, and you would have to give us
direction to amend the ordinance and prepare some short-term
financing in order to be able to amend the ordinance in the interim.
With that, I think Ron Jamro is available and can provide you
some additional information about the project.
CHAIRWOMAN MAC'KIE: Give me the financial bottom line. We
thought we were -- we were expecting that we would be able to
purchase the property for $500,000, and we find now that if we want
to purchase it, it would cost -- MR. OLLIFF: 1.1.
CHAIRWOMAN MAC'KIE: -- more than double. It's just killing me,
because I really wanted it so badly.
COMMISSIONER BERRY: That's no refurbishing cost. And that's
just --
MR. JAMRO: Ron Jamro, your museum director.
If I may, Commissioners, the original proposal that we brought
to you -- and I congratulate you on your leap of faith. That took
some doing to see that project as it would be one day. And every
time I'm about to give up on this project, I get a stack of letters
from school kids who have toured it who said that their lives have
been enriched by the experience. So it is hard. I've wrangled with
this for about 10 years now, so I appreciate what you're going
through.
But again, the plan that we all sort of agreed to was about
$500,000 in acquisition costs and about another $500,000 eventually
in restoration costs. We would then match a large portion of that,
in a sense, the rest of the restoration costs with the state grants.
And we've got some letters to share with you. Chalmers Yeilding is
here with me as well, who can show that the state does have an
interest in this. And I think we're virtually assured support on
this.
So bottom line is really about the same. It is -- it would be a
million dollar investment on Collier County's part, matched and
perhaps even doubled by the state at some point. It's just a
question of how you want to invest that money and whether you still
believe in this project.
It is substantially larger in price but larger in size as well.
The surplus land, I would recommend that we -- the real property
Page 41
January 26, 1999
department would place back on the market and hopefully recoup your
costs.
CHAIRWOMAN MAC'KIE: Discussion on the Board?
COMMISSIONER BERRY: What I was -- had originally hoped, when I
first heard this, that maybe we could carve out a portion of where
those buildings were and make some kind of an arrangement in that
frame of mind. But --
MR. JAMRO: We've been there. We have tried --
COMMISSIONER BERRY: I know.
MR. JAMRO: -- every angle. And unfortunately, Winn Dixie, who
has got an interest in that piece of property, needs every inch of
it.
My real question, and the thing that I just can't answer for you
is, what does a four-acre ranch look like surrounded by all that
commercial development? Is it still viable? Will it work? Is it
believable? Is it worth it? That's a hard question.
COMMISSIONER BERRY: From my standpoint, I have to tell you and
tell the people publicly, this is a very large disappointment for me.
CHAIRWOMAN MAC'KIE: Huge disappointment.
COMMISSIONER BERRY: I was extremely supportive, and I think the
rest of the commissioners kind of went along with this in terms of
some of the enthusiasm that I shared. And I could see some things
happening out there in terms of a living or a working ranch, a place
where school students could come, where the general public could come
and see perhaps what a ranch was like many, many years ago. And I
had spoken with the Sherrods about this, in regard to this.
And when I saw this price tag, I was extremely disappointed,
because I think that it's a little more than our budget allows.
Because I think when we looked at the 500,000 before, we also looked
at leveraging that 500,000 for another 500 in terms of some
restoration things.
And my concern is that the fund-raising abilities for the
Friends of Roberrs Ranch, and what have you, it's tough. I mean,
it's going to be a very, very difficult thing for them to continue to
raise the money, when you get a price tag at this point in time.
And I just -- you know, there comes a point where you say, we
can't -- financially we can't do this as much as we'd like to. And
I'm extremely disappointed. But at the same time, it's -- when you
had you have a large family, it's very difficult to get everybody
enthused with perhaps something that you would like to see in the
future for it, so --
CHAIRWOMAN MAC'KIE: Commissioner, I just have to echo your
thoughts. I was so enthusiastic and excited about this and just
desperately disappointed that it looks to me to be beyond our
financial reach. I just can't tell you how disappointed.
Commissioner Constantine?
Page 42
January 26, 1999
COMMISSIONER CONSTANTINE: What's a little frustrating in the
process is when this was brought to us the first time, we were told
there was an offer actually higher than what they were asking from
the county, but that the family preferred to have it preserved and
were willing to forgo some of that extra money for the preservation
so that they could see the preservation effort become a reality.
So now to come back with a higher price. I think at some point
it just gets to the point where it's not economically feasible. It's
not something we could do. And so while we'll always have the little
parcel there and be able to continue to do what we do and hopefully
step that up a little bit, I just think we've gotten to a place where
that price tag is too high.
CHAIRWOMAN MAC'KIE: Public speakers?
MR. FERNANDEZ: Madam Chairwoman, you have three speakers on
this subject. The first is Maria Stone and then Dallas Townsend.
MS. STONE: Good morning.
CHAIRWOMAN MAC'KIE: Good morning.
MS. STONE: Madam Chairwoman and Commissioners, I still want to
make my few comments to you.
I urge you all to consider the importance of acquiring all of
the Roberts Ranch property, if need be, at this point for the future
of Collier County. We must save the past for the future. And I'm
talking about your kids. And you have papers from children. The
teachers -- I was the first one to go there with my class. And this
tradition has been followed.
And I know turtles and mangroves and everything are important,
but so is our history. And we're losing it fast.
Also, as you know, this opportunity will not present itself
again to acquire a new tourist attraction of this nature for Collier
County, one that explains a new facet of our early life here, to new
people and to children. No other surrounding county that I know of
has such a place.
Opportunity knocks today. Gird yourself with faith and open the
door, and be the commissioners remembered for preserving its
vanishing past. Let Mr. Jamro, with his expertise, create a museum
jewel in another of our county's satellite cities, which is certainly
changing today and is becoming a hot ticket in land.
I close with a little PS. I hear tell that someone is doing --
getting ready to do a project of recreating Old Immokalee Town.
Think about it.
CHAIRWOM/~N MAC'KIE: Thank you, ma'am.
MR. FERNANDEZ: Next speaker, Madam Chairwoman, is Dallas
Townsend and then Chalmers Yeilding.
MR. TOWNSEND: Madam Chairman, for the record, I'm Dallas
Townsend, representing the Roberts Family Trust this morning.
I would really kind of like to echo Mrs. Stone's comments and
clear up one perhaps perception that has circulated around. Mr.
Page 43
January 26, 1999
Chastain was correct -- Constantine, I'm sorry -- was correct in that
the original offer was less than what the Winn Dixie offer was. And
the Winn Dixie offer was on the table before the County's offer ever
got in.
So what changed the situation is they had a third party offer to
buy Tract C contingent upon Winn Dixie buying Tract D.
And the trustees then had a real quandary as to how to deal with
this. They still wanted to make it into a historical society, but
they have 18 beneficiaries of the trust that they have got to satisfy
to the best advantage of all of the trust beneficiaries. And so they
were forced to come back to the County to give them the opportunity
to buy both C and D, because they have contract offers from C and D
from other parties.
And they did not raise the price. They simply offered it to you
at the prices they'd been offered by other parties. And
unfortunately it worked out that way. But I think, frankly, they
wanted to make it a historical society -- not society, but site.
But time events don't stand still for anyone, and unfortunately
we have a piece of real rich history in Immokalee that could be lost
forever if we don't go ahead and act and preserve this. So I would
like to urge you on behalf of the family to take a real hard look at
this and perhaps reconsider the fact.
I know you're disappointed. I think many of the family members
were disappointed. It's just that these things happen and we didn't
have any control over that.
So I'd be happy to answer any further questions you might have;
otherwise, I'll leave to you make your decision.
CHAIRWOMAN MAC'KIE: I have one, and that is -- I'm getting way
outside my area of expertise as a lawyer, but has the family examined
the creation of a foundation and the tax benefits to donating some
portion of the property to this historical foundation if it were tax
exempt versus the tax implications to them of the income generated by
the sale?
MR. TOWNSEND: Well, this has been looked at. In fact, we even
looked at it eight or 10 years ago, donating it -- I say "we," the
family donating it to the University of Florida. But there was nine
heirs of Mr. Roberrs and Mrs. Roberts who originally settled on the
place in 1914. Of those nine children, seven have passed away. And
you're into the third generation now. And there's estate taxes that
some of those families still have to pay, and some of them are
relying on the funds coming out of this to settle up estate taxes.
So it's not a very easy situation. It's kind of a complicated
measure.
CHAIRWOMAN MAC'KIE: Thanks.
MR. FERNANDEZ: Final speaker, Madam Chairwoman, is Chalmers
Yeilding.
Page 44
January 26, 1999
MR. YEILDING: Good morning. My name is Charles Yeilding. I'm
a historic preservation architect.
First of all, I'd like to pass a copy of a letter to you all.
It's in the mail, as they say. This is a facsimile copy that was
sent to me, since it wouldn't arrive here. It's from the Department
of State, Division of Historical Resources.
And without reading that letter, I would like to quickly point
out a few things. It states very clearly here, Barbara Maddock, head
of the National Register and Historic Preservation Supervisor, and
that is the department that determines whether sites have any
significance or not. It clearly states or she clearly states, this
is a significant historic structure for Collier County and the State
of Florida.
I submit to you that you're making a decision today not only for
Collier County, certainly not only for Immokalee, you're making a
decision about the state's history.
There is nothing like this in the State of Florida. The state
is in the process, Department of Agriculture, of trying to recreate
something similar to what exists already intact at the Roberts Ranch.
I am working on a project in Orange County recreating moving historic
structures throughout a very similar rural area. Families that the
Roberrs know and love, the Tuckers and other cattle ranching families
of East Orange County. We are recreating Roberts Ranch by moving
structures.
CHAIRWOMAN MAC'KIE: How are you funding that?
MR. YEILDING: County funds. $150,000. They got one small
grant, one $30,000 grant. They funded the rest strictly by county
funds. They'll have over a million in the project by the time it's
finished.
We're moving those structures and restoring them. They didn't
exist. We're recreating something that is -- would be a small
figment of what the Roberts Ranch exists today unrestored.
Also, I would like to point out to you what Barbara says here.
The importance of the ranch is because it is intact, the structures
have not been moved. Their relationship to each other and to the
town has not changed. The archaeological resources have not been
damaged. This is a resource that is intact.
And I would also point to the last two words of this. She
refers to assistance, that the state would be happy to provide
assistance for national register nomination. I will tell you that if
the structures are moved, that's highly unlikely. National registry
generally will not list a structure if it's been moved from its
original site.
But the last two words, "preservation grants." You have a track
record. I appeal to your -- the commission approximately three years
ago for the Everglades City Laundry, which I was involved in that
project, they did not want to support that project, but they did.
Page 45
January 26, 1999
They took a leap of faith. They leveraged a small amount of money
into a much larger amount of money from the State of Florida. And I
think that project is successful. And I think it's going -- it's
just the tip of the iceberg.
I don't want to belittle the laundry building in Everglades
City, but I want to tell you that the Roberts Ranch makes that look
like a totally insignificant piece of our history. And I'm talking
about our history. It's my history, too. I'm not from here, I'm
from Central Florida, but cattle ranching is true.
I also would like to close and point out to you that the issue
of money and the amount of money may seem quite significant. In
years to come, it will seem paltry. And I can tell you this from
personal experience having lived and worked for 22 years in Orange
County, Orlando. The money that's being talked about paid for this
land today is nothing, about what it will be worth.
And I propose to you that the additional land that you're being
asked to buy could quite likely be turned around and put on the
market and recoup not only what you paid for it, but what you paid
for all of the land. You're not in a position to have to sell the
land tomorrow.
There has been interest in the past, and I guarantee you there
will be interest in the future. It's on a state highway in the
center of Immokalee.
COMMISSIONER CONSTANTINE: In fairness, though, if that's the
case, why would the family feel the need to link the two if it is so
very likely that it could be turned around and sold at an even higher
price in the near future?
MR. YEILDING: Because I think -- it's already been stated
before, this is a group of people who were land rich. The land did
not belong to individuals until fairly recently in time. Now all of
a sudden it is an asset which they have a huge amount of taxes on. I
know if I had the IRS breathing down my neck, I'd want to get the
money and get them off my neck as soon as possible.
They have a buyer for everything now. This is an opportunity
that they have -- they've been waiting and trying to settle this for
years, as you all probably know it, as a family, as heirs. And I
think they feel like they need to move forward and take essentially
estate taxes and the IRS off their backs. But that's my opinion and
just --
CHAIRWOMAN MAC'KIE: I have a question about -- probably for
staff.
Are there other questions?
COMMISSIONER NORRIS: No.
CHAIRWOMAN MAC'KIE: Thank you so much.
About the possibility of making an offer contingent on some
state grants, because, you know, Catherine Harris, certainly -- if
any family in this state understands about the significance of
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January 26, 1999
farming, I mean, you know, she's been a Griffin family of eight. I
would expect that she would be open-minded to some kind of a grant
for historical preservation there.
COMMISSIONER NORRIS: But from the family's perspective, if
immediacy is the problem, then that won't work.
COMMISSIONER CARTER: How long does the state process take? I
mean, Commissioner Norris raises an interesting point. And I think
what I hear here is they have a cash deed because of inheritance
problems they have to deal with --
CHAIRWOMAN MAC'KIE: I understand that.
COMMISSIONER CARTER: -- which limits their options.
COMMISSIONER CONSTANTINE: I can answer that question. If you
put in now -- we're obviously too late for this year's session for
things to get ranked and go to legislature and so on for approval.
So it is next year at the conclusion of session, to -- and the money
wouldn't actually be available till probably summer of 2006.
COMMISSIONER CARTER: What does that do to the family?
CHAIRWOMAN MAC'KIE: That kind of a contingency.
That's probably a question for you. Come up, if you would.
MR. OLLIFF: Just while he's coming, I think generally the state
process -- and Ron or Chalmers can correct me if I'm wrong, the state
process that we have been involved with before -- I was going to say
historically, I won't do that -- is that the local agency,
government, community, whoever is involved in the project, steps
forward and they need to show some commitment. Then once they show
some commitment, then the state knows the local entity is in this,
they're behind it, they support it, and they will match funds that
you've already put in. So it's real difficult, or at least I've not
seen a grant process yet where they will come up with the money up-
front along with you.
MR. TOWNSEND: Dallas Townsend, representing the family, again.
I will be very happy to convey anything that you wish me to back
to the family. I don't have the authority to say yes, nay, or
whatever, but I'm certain they would -- I'm very certain they would
entertain any proposition that you come forth with, with all due
diligence.
CHAIRWOMAN MAC'KIE: I have one other, if I may, just one other
thought about if the county were to acquire the whole parcel through
some sort of a debt mechanism, you know, they have these parcels
defined here as Tract C and D, but what may be -- it may be that
there's some frontage that we can sell off that would be smaller than
these large tracts.
The question being, what's the debt service, the carry cost, of
the project if we were to buy it now and then apply for grants to be
able to keep the whole parcel, and if that failed in two years, to
have to sell it off or sell off some portion of it?
Page 47
January 26, 1999
COMMISSIONER NORRIS: Let me ask a question. That's a good point
is to split off the frontage, because it's a little more valuable.
But if we applied for state matching grants to match what we put
in and then we subsequently sold it and recouped some of our money,
are they going to ask for their grant back?
CHAIRWOMAN MAC'KIE: No, mine was an either/or idea. Mine was
if we failed to get the grants, then we would have to try to pursue
selling off some of the frontage.
COMMISSIONER BERRY: That was my point when I said looking at
where the buildings are located and then -- in other words, carving
out just that little area, because it's not a huge area, and selling
off -- you know, letting them go ahead and sell off the other part of
it. That's what I was interested in, just taking a little piece,
rather than acquiring Tract C, which is where the old orange grove
is.
And yes, it may be one of the first, but if it's something or
nothing, I wanted at least where the buildings were located, and let
them go ahead and sell Tract C. But it sounds to me like it was a
package deal. Whoever wants C also -- it's a combination of someone
else getting D.
CHAIRWOMAN MAC'KIE: And I guess what I'm saying is I'm willing
to consider matching Winn Dixie's offer and financing that, because
then the obligation of the county is not an out-of-pocket, it's a
debt service obligation, while we see if we could obtain grants to
match -- come up with half the money.
COMMISSIONER CONSTANTINE: Credit-card theory?
CHAIRWOMAN MAC'KIE: It's a credit-card theory, but some things
are worth credit cards.
COMMISSIONER BERRY: Where are we going to get the money for the
restoration part of it? See, I was hoping that if we had --
CHAIRWOMAN MAC'KIE: Talk, please.
COMMISSIONER BERRY: -- the other part paid for, then you could
leverage that against trying to get the grant money for the
restoration.
CHAIRWOMAN MAC'KIE: Maybe -- I don't know the answer to that.
MR. YEILDING: Excuse me, let me address that. My name is
Charles Yeilding again.
I would like to remind you that the amount of money that the
county put into the Everglades City Laundry was less than, I believe,
30 percent of the cost of the project. It wasn't a 50/50 match. You
leveraged that to a much greater amount of money.
Orange County is currently restoring its old historic courthouse
for its historical museum. They have gotten to date over 1.4 million
dollars to restore, just to restore the building, and they're going
back again in May and they've been told, just keep coming, we'll keep
giving it as long as you need it.
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January 26, 1999
This project, I'll guarantee, you, as well as I can guarantee
anyone in this state, will be supported to whatever debt by the State
of Florida. They consider it a much more important project than
anything they've seen come down the pike.
COMMISSIONER NORRIS: Is that a commitment to underwrite?
MR. YEILDING: That's a -- I am not with the State of Florida.
I cannot speak for bureaucrats, nor can I speak for the legislature.
COMMISSIONER BERRY: I wish there could have been a number put
in here. I'd be a little more comfortable.
MR. YEILDING: But I can tell you this: I've been doing this
for 22 years. I've done over 100 historic preservation grants
projects partly funded by the state. They're more excited about this
than anything I've ever worked on, including the Marjorie Kenneth
Rawlings (phonetic) house, the DeBerry (phonetic) Estate, which goes
back 128 years, and so on.
This is very significant to the state. And I can't assure you
of that, no. I don't think any of us can assure anyone what our
legislature will do.
CHAIRWOMAN MAC'KIE: So if Tom, if you have been able to do any
math on that -- and I promise to get to you guys -- I just want to
get an answer to that question about is there some way to tell what
the debt service cost to carry would be over a couple of years?
MR. OLLIFF: It all depends on the term.
CHAIRWOMAN MAC'KIE: Tell me per year.
MR. OLLIFF: If the goal was to try and minimize the annual debt
service so that you could then let the cards play out, if you will,
so you could remarket Tract C, apply for state grants. You know,
this is a property purchase, which is not uncommon to do a 20-year
type financing. If you were to do that, roughly standing here, and
please don't hold my firstborn to this number, but $100,000 a year,
you could carry a 1.1 million dollar debt.
CHAIRWOMAN MAC'KIE: And during that period of time, then what
we've done is we've removed the -- well, I've said -- I made my case
and I promised Commissioner Constantine. I'm sorry.
COMMISSIONER CONSTANTINE: The county as land speculator just
scares the heck out of me.
CHAIRWOMAN MAC'KIE: I know.
COMMISSIONER CONSTANTINE: And that's what we're doing here.
And --
CHAIRMAN MAC'KIE: Just one minute, please.
COMMISSIONER CONSTANTINE: We went through public -- the selling
off simply won't happen. We're not going to buy it and sit on it for
three years and turn around and then say, okay, well, we haven't had
any luck, we're going to sell it off. It just -- it won't happen.
When the county owns it and it's a historical piece of property,
the amount of criticism, the amount of lobbying against selling off
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January 26, 1999
to some Winn Dixie or something is going to overwhelm any commission.
We don't have a 1.2, 1.1 million dollars to put into this right now.
And what I heard Mr. Olliff say is if we make a commitment, the
state may come back and match that, but it's highly unlikely that
they're going to come back and repay some portion that we've already
laid out in those probable costs.
MR. OLLIFF: No. Traditionally, the way at least I would see
this project working is very similar to Everglades City. When you
made your commitment to purchase the land or the building, that then
serves as the match where the state will basically pay for the entire
restoration of this project. This is a 1.2 million dollar
restoration that you're looking at. So you could probably expect to
have that covered by state grant monies.
COMMISSIONER CONSTANTINE: But we don't have a million-two.
And, again, we ought to be doing this in budget season when we look
at what we're spending money on and prioritize this along with
everything else. Because it may be a wonderful thing and it's a warm
fuzzy thing, but are there deputies that need to be on the street?
Are there EMS ambulances that need to be on the street?
And for me, I -- this may be a great thing, but I need to see
it, how it matches up against all the health, safety and welfare
items that we are required to provide just for everyday needs of
Collier County residents.
COMMISSIONER CARTER: Are you going to have her speak before I
comment?
CHAIRWOMAN MAC'KIE: Is there something?
MS. STONE: Excuse me, I just wanted to make one little comment.
Remember the movie, "build the field and they will come"? You
buy it and the money will come. I cannot tell you, but I am aware of
somebody that's looking at that land right now. And don't let it get
away.
CHAIRWOMAN MAC'KIE: Thank you, ma'am.
Mr. Carter -- I'm sorry.
COMMISSIONER CONSTANTINE: Just I was going to conclude my
comments. But the final thing is this isn't an all or nothing when
we say oh, it's going to disappear forever. We have Tract D, and we
have a place where we do take school children now, and we have
things. So the entire thing is not going to disappear if we don't
spend this money.
But, again, if we choose to spend the money, let's do it during
the regular budget cycle so we can prioritize.
CHAIRWOMAN MAC'KIE: Commissioner Carter?
COMMISSIONER CARTER: I would concur. If I had a perfect world,
I would like to budget for this type of thing and do it. Sometimes
that's not the way things work.
What I see here, and what I've heard this morning tells to me
this is an opportunity that when it goes, it's gone. And I don't
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January 26, 1999
want to sit here or have people come back to me and say were you
really creative in trying to save this property?
And Commissioner Mac'Kie, I like some of your thoughts on this.
I'm not saying we're land speculators, but I would like, again, to
exercise options that we go ahead and make this move and spend this
money to preserve this, so that we do have options. And in the
future if it doesn't work out, I suppose we could sell it off. Maybe
we never would sell it off.
But I'm a little puzzled, as I sit here and think this morning,
that shortly I will be approving a half million dollars to renovate a
building, that one or two years from now no one will ever know or
ever care. And we'll say that's a budgeted process, we have it. And
yet, I'm asking now just to spend a half a million dollars more on
something that will be here forever. A historical development
preservation. Which I'm hearing this gentleman here saying that
there's a lot of money that can be attracted to the state over time.
We may look back over this in a few years and say that was
probably the smartest thing you ever did in Collier County to
preserve this, because there's no way that you could even touch it
today.
I will support saving the Roberts Ranch, doing both of these
tracts, and find the most creative way, Madam Chairman, that we can
do to do that. And that's where I stand and that's how I feel about
it.
CHAIRPERSON MAC'KIE: Wonderful.
COMMISSIONER CONSTANTINE: What would you suggest we use as the
source for the funding?
COMMISSIONER CARTER: Well, I hear TDC dollars in here that may
be a possible source of that, but maybe Mr. Olliff can enlighten me
on how we can do this.
MR. OLLIFF: TDC is a source. I would suggest if the Board
wants to proceed with the project, that you need to realize there is
no sales agreement that has been developed here, and that you would
direct us to go back and develop a sales agreement and bring you back
specific numbers and funding options that you could then choose from,
whether it be TDC, whether it be -- whatever it might be. And we'll
color outside the lines. We'll come back with as creative a funding
option as we can and let you choose. And then we could probably do
that within 30 days.
But I guess the first thing we need to know is if the county
turns around and accepts their counteroffer, are they going to then
be willing to sit down and develop a sales contract that we can bring
back to you some specifics.
CHAIRWOMAN MAC'KIE: Please, sir.
MR. TOWNSEND: I think I can answer that. That's an answer in
the affirmative.
CHAIRWOMAN MAC'KIE: Are there other public speakers?
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January 26, 1999
MR. FERNANDEZ: No, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: We need discussion or a motion.
COMMISSIONER CONSTANTINE: It may feel good, but it's physically
irresponsible.
COMMISSIONER NORRIS: I haven't weighed in on this yet. And we
do it on Tract E -- Mr. Olliff, what needs to be moved to Tract E?
Is there something there on Tract D that has to be moved over?
MR. OLLIFF: No. If I recall, most of the other -- most of the
other facilities are on Tract D.
COMMISSIONER NORRIS: D?
CHAIRWOMAN MAC'KIE: D as in dog?
MR. OLLIFF: As in dog.
COMMISSIONER NORRIS: D is the one I was looking at anyway.
MR. YEILDING: I can answer that.
CHAIRWOMAN MAC'KIE: Thanks.
MR. YEILDING: Five years ago, almost, I was retained by the
county as a consultant to come in and look at Tract D, the structures
on Tract D, determine if there were any significant structures on
Tract D, and if so, determine which should be moved and then do a
small master plan for the relocation of those.
I went down and spent a day with Bobby, R.A. Roberts, and was
astounded at what I saw. I came back and recommended that every
single structure, which includes everything from the barn, the
original log house, which existed before the Roberts got there, the
well, the pump house, the shed, the equipment storage, everything be
moved. It's all incredibly significant.
But its significance lies in where it is. Moving it is a shadow
of the project. And from the state's point of view, almost not worth
doing. Because you've -- it's like coming in with a bulldozer at an
archaeological site, it's just not worth it anymore. The fact is
over half the structures exist off the site that you currently own.
CHAIRWOMAN MAC'KIE: And on D, as in dog.
MR. YEILDING: Yes, on D.
CHAIRWOMAN MAC'KIE: If anybody else has read Ms. Stone's book,
you can see it, you know, what the operations were. And so, so much
of what happened is not on Tract D.
MS. STONE: Could I just add one thing?
CHAIRWOMAN MAC'KIE: I'd better not let you, because we'll be
here -- thank you.
MS. STONE: Thank you.
MR. TOWNSEND: Could I make one correction?
CHAIRWOMAN MAC'KIE: Yes, sir.
MR. TOWNSEND: There is a grove both on C and D. That grove
extends all the way across both parcels. And I thought one of you
may have thought that that grove was only on C.
COMMISSIONER BERRY: No. But the biggest part of it, Dallas,
isn't it on C?
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January 26, 1999
MR. TOWNSEND: Actually, the grove stretches all the way around
through Tract B. It goes from B all the way around, and it's
probably about a third of the total grove is on C, a third on B, and
-- it's a little bit smaller portion on D.
COMMISSIONER BERRY: On D.
CHAIRWOMAN MAC'KIE: Thank you.
Got a motion?
COMMISSIONER CARTER: I would move that we purchase Tract C and
D for 1.1 million, with financing to be arranged by the county and
the Roberts family. If we have to put a time limit, would 30 days on
that? Would I hear that there could be something -- is that right,
Mr. Olliff --
MR. OLLIFF: Yes.
COMMISSIONER CARTER: -- 30 days we could have some plan brought
back to us?
Subject to a financing plan approval by the Board.
CHAIRWOMAN MAC'KIE: It's a motion. Is there a second?
(No response.)
CHAIRWOMAN MAC'KIE: I'll second it, get it on the floor.
Any discussion further on the motion?
COMMISSIONER BERRY: I just --
MR. OLLIFF: I do need to make a point for the record. Sandy
Taylor from real property just ran up and thankfully whispered in my
ear that we do need to make you aware that we can't actually purchase
without having the two appraisals done. And then we would bring that
information back at the same time as we brought any type of purchase
contract.
COMMISSIONER CARTER: I would amend my motion to include all of
that.
COMMISSIONER BERRY: So all we're looking into is to go ahead
and just further pursue a purchase and funding option?
COMMISSIONER CONSTANTINE: Sounded like there was more of a
commitment than that in the motion.
CHAIRWOMAN MAC'KIE: I seconded the motion, that I hope was to
purchase the property for 1.1 million contingent on financing,
creative financing options, and we'll see what those are when they
come back within a month on the contract that will come to us for
final approval.
COMMISSIONER NORRIS: But the commitment is to purchase.
COMMISSIONER BERRY: The commitment is to purchase, in spite of
whatever.
COMMISSIONER CARTER: Well, but he's a real estate lawyer, Madam
Chairman.
Does that still give us an escape clause if we can't find the
right financing that we could --
COMMISSIONER BERRY: Not according to the motion. That's my
concern. I'm not going to lock into something that if it's not
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January 26, 1999
right, that we shouldn't do. Because we have a responsibility to all
of the residents of Collier County.
CHAIRWOMAN MAC'KIE: Mr. Weigel, what actually is the legal
effect of a vote today? We've been down this road so many times.
But if we instruct staff to come back with a contract contingent on
financing, when they bring us the contract, if the coloring outside
the lines is just not just acceptable, do we have an option at that
point to turn down the contract, or are we bound?
MR. WEIGEL: I think what you're talking about is instructing
the staff to come back with a contract for your approval, which does
not mean that this is a preordained approval of the agreement. You
will be able to look at all of the aspects.
It also looks like your discussion and potential direction
through the motion made here largely follows, as Mr. Taylor
indicated, the staff recommendation of the prerequisites that are
already there, prefaced in the executive summary and the draft
contract that's before you, which is to have statutory requirements
of two appraisals to come back to show that the value meets the
asking price and things of that nature.
CHAIRWOMAN MAC'KIE: So we can't commit outside the boundaries
of the purchasing requirements and the final approval of the
contract?
MR. WEIGEL: That's exactly right. In fact, I have an inability
to sign off for legal sufficiency if the appraisals and the statutory
requirement for appraisals didn't match up with the contract itself.
COMMISSIONER NORRIS: Well, you know, if we're saying let's
commit to buy the property and we'll look at the financing in 30
days, I mean, there's not going to be any surprises, unless you're
going to go out and buy lottery tickets. You can either -- you can
pay cash and carry out of reserves, you can make a short-term note on
the thing, commercial paper for three, four, five years, something to
that effect, you can go 10 years, you can go 20 years. But really,
you've got to decide where you're going to take the money from to
begin with. Your choice of reserves, the TDC, or try to think of
something else that you're going to do.
But the point is that we've gone from 500,000 to 1.1 million,
and unfortunately that's a big difference. And I don't know that it's
responsible for us to continue. We've got 4.3 acres in Tract E. I
think probably a better use of the money would be to develop what we
can there and have part of the loaf rather than spend 1.1 million to
get all of the loaf.
COMMISSIONER CONSTANTINE: Can I ask a question?
CHAIRWOMAN MAC'KIE: Certainly.
COMMISSIONER CONSTANTINE: As we worked our way down the line in
earlier discussion, Commissioner Berry expressed that same concern
and you expressed that same concern and Commissioner Carter did not
weigh in at that point. But I'm wondering what if anything during
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January 26, 1999
discussion -- because I see you seconding the motion, and it just
seems a little contrary to what you had said before. And if I missed
a point along the way, maybe you can help me. I'm wondering where
you changed along the line.
CHAIRWOMAN MAC'KIE: I can tell you where I changed; that is,
frankly, that when I looked at this deal as a real estate lawyer and
thought if I had a client who wanted to buy this property and they
really wanted it, and, you know, I'm my own client right at this
minute because I really want this piece of property, what kind of
creative options could I come up with for reducing the cost of owning
this property while I came up with outside investment via state
grants? How can I reduce the cost to carry while I get creative on
the financing? When I thought about it from that perspective, the
idea of long-term financing occurs to me that that's a minimal cost
to carry, while we pursue the grant options.
And as -- if I were advising a client, the downside, the risk
here, is minimal, because we have a really valuable piece of property
that if we can't get the grants necessary or private fund-raising or
some other acceptable financing option, we have a really valuable
piece of property that we will then have an obligation to at least
sell off part of it, but we will then be in control and so might be
able to restructure the tract so that we have a more significant
piece of property. Or maybe we can only sell Tract C. You know, we
have then the flexibility with a really small downside.
COMMISSIONER CARTER: And I'd say on that, without parcel
development possibly, that we might -- you know, we control the
design, so that you can make this a very attractive situation. And
long-term, I would suspect that we'd recoup our return on investment.
I may be wrong and it may be numbers to say that I am wrong. If so,
then I need to see those.
COMMISSIONER CONSTANTINE: I'll get right on that.
CHAIRWOMAN MAC'KIE: Other discussion on the motion? If not,
I'll call the question.
All in favor, please say aye.
Aye.
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Opposed?
COMMISSIONER BERRY: Aye.
COMMISSIONER NORRIS: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Motion fails, two to three.
Item #8E1
1999 CALENDAR OF KEY ACTIVITIES - STAFF TO REVIEW AND PROVIDE
COMMENTS TO THE COUNTY ADMINISTRATOR
Page 55
January 26, 1999
Okay, the next item is 8(E)(1), 1999 calendar of key activities.
Mr. Fernandez, I see --
MR. FERNANDEZ: Madam Chairwoman, yes, this is just an
informational item. I'd like to ask Mike Smykowski to hand to you
some original versions of this.
This is a calendar that we have put together that seeks to
combine a number of different activities that the Board considers
throughout the year, so that you have the opportunity to look at the
different things that are going on concurrently in some cases. It's
meant to be a dynamic document that we can add to.
For example, we've already had discussions this morning that we
need to put into this document the legislative delegations, public
hearing, and put that date on here and then back up a period of time
from that, so that we know when we need to be dealing with issues in
order to meet specific deadlines. You have the land development code
process on here, you have the budget policy on this here -- or the
budget process on here.
And as I said, it's our hope that by using this as a working
document, we can continue to make changes to it as changes occur so
that the Board has a good idea of where we stand in an annual process
of strategic planning and decision-making.
CHAIRWOMAN MAC'KIE: Okay. Commissioner Constantine?
COMMISSIONER CONSTANTINE: Madam Chairman, just one of the
things I've worked on in the last six years is our various aspects of
our calendar throughout the year. And I would just offer, if it's the
pleasure of the Board, to work on some of those issues with our
county administrator.
CHAIRWOMAN MAC'KIE: It's a wonderful idea, as far as I'm
concerned. Any objection?
Any discussion further on this, or shall we just look at it and
give our comments to the administrator as time permits?
(No response.)
CHAIRWOMAN MAC'KIE: Okay.
MR. FERNANDEZ: Thank you, Madam Chairman.
CHAIRWOMAN MAC'KIE: Thank you.
Item #9A
SETTLEMENT PROPOSAL IN THE CASE OF LAVERNE BLANFORD VS. COLLIER
COUNTY, CASE NO. 97-209-CIV-FTM-26D, IN THE UNITED STATES DISTRICT
COURT IN THE MIDDLE DISTRICT OF FLORIDA - APPROVED IN THE AMOUNT OF
$20,000.00
We'll move on then to 9(A), recommendation for the Board to
consider settlement proposal in Blanford versus Collier County.
Am I right, Mr. Pivocek? Well, please, on the record.
Page 56
January 26, 1999
MR. PIVOCEK: Yes. For the record, Madam Chairwoman, Lawrence
Pivocek, Attorney at Law, 215 Airport Road South. I'm appearing here
in my capacity as outside counsel for Collier County in the Blanford
matter.
CHAIRWOMAN MAC'KIE: Have each of the Commissioners been briefed
on this item?
COMMISSIONER CARTER: I've been briefed.
MR. PIVOCEK: Yes, everyone has been briefed, and also, you'll
have my executive summary with respect to this matter.
CHAIRWOMAN MAC'KIE: So is there a recommendation or position
anybody wants to put forward on the Board?
COMMISSIONER NORRIS: I say litigate.
CHAIRWOMAN MAC'KIE: You do?
COMMISSIONER NORRIS: I always say litigate.
CHAIRWOMAN MAC'KIE: Well, I was thinking that if we could
settle this for $20,000. As I understand, $10,000 to the plaintiff,
up to $10,000 for costs. There's three years of attorneys' fees here,
you know, so no attorney is going to be making a great windfall.
It's not some incentive to sue the county.
MR. PIVOCEK: That's essentially correct, Madam Chairman.
CHAIRWOMAN MAC'KIE: It's cheaper than --
COMMISSIONER CONSTANTINE: Mr. Pivocek, your recommendation is
you think that settlement's in the best interest of the county?
MR. PIVOCEK: Yes, Commissioner Constantine. Both myself and
staff, we've been through this a number of times and we feel that at
$20,000, it's a fair amount. It's one of those situations where not
everybody is happy with it, but we feel that both for the cost of
litigation and also the posture of the case, it's a fair settlement.
COMMISSIONER CONSTANTINE: I think after three years, you
probably know the case as well as anybody and I'm comfortable with
that recommendation.
CHAIRWOMAN MAC'KIE: Is that a motion?
COMMISSIONER CONSTANTINE: I'll make that motion.
COMMISSIONER CARTER: I'll second it.
CHAIRWOMAN MAC'KIE: Motion and second. All in favor, please
say aye.
COMMISSIONER BERRY: Aye.
COMMISSIONER CARTER: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Aye.
Opposed?
COMMISSIONER NORRIS: Aye.
CHAIRWOMAN MAC'KIE: Motion passes four to one.
MR. PIVOCEK: Thank you very much, Board. And I also thank Mr.
Weigel and Mr. Walker for all of their assistance throughout this
process. Thank you.
Page 57
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ("Agreement and Release"), is entered into
and made on this ;~/~a~day of //C~-~...~t.--/, 1999, by and between Laveme Blanford
CBlanford"), and Collier County (the "County"), a political subdivision of the State of Florida, with
respect to Case No. 97-209-CIV-FTM-26D, filed in the United States District Court for the Middle
District of Florida, as well as all claims or controversies between Blanford and the County that could
have been asserted in that case or that in any way relate to or arise directly or indirectly from
Blanford's employment, cessation of employment or applications for employment with the County.
WITNESSETH:
WHEREAS, Blanford has filed an action against the County in the United States District
Court for the Middle District of Florida, and that action is styled Laverne Blanford v. Board of
County Commissioners of Collier County, et al., Case No. 97-209-CIV-FTM-26D (hereafter referred
to as the "Lawsuit");
WHEREAS, Blanford has alleged various claims against the County in the Lawsuit and the
County has filed an answer and affirmative defenses;
WHEREAS, Blanford 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
Blanford in the Lawsuit, including but not limited to all claims for compensatory damages,
reinstatement, front pay, back pay, attorney's fees and costs, and also desire to fully and finally
resolve any and all claims, whether known or unknown, that relate in any way to or arise directly or
indirectly from Blanford's employment, cessation of employment or applications for employment
with the County;
1
WHEREAS, Blanford 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 from Blanford's employment, cessation of employment or applications for employment
with the Cotmty to a writing so that it may be binding upon Blanford and the County and their
respective predecessors, successors, heirs, assigns, employees, former employees, elected officials,
officers, agents, representatives, attorneys, insurers, sureties and affiliates;
NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations
set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with
the intent to be legally bound, Blanford and the County mutually agree to the following:
1. Blanford 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 Blanford the sum of Twenty Thousand Dollars ($20,000.00)
in full satisfaction of all claims Blanford has made or could have made in the Lawsuit or that relate
in any way to or arise directly or indirectly from Blanford's employment, cessation of employment
or applications for employment with the County, and that the settlement check shall be made
payable to Laveme Blanford and Douglas L. Wilson, Esquire.
3. The payment to Blanford of Twenty Thousand Dollars ($20,000.00) includes all
amounts allegedly due to Blanford for emotional distress allegedly caused by the County. Blanford
explicitly waives all rights to damages which may have been caused by the County for any other
reason whatsoever, including but not limited to, all back pay, front pay, compensatory damages,
costs, taxes, expenses, attomey's fees and equitable relief that Blanford has claimed or could have
claimed in the Lawsuit or that relate in any way to or arise directly or indirectly from Blanford's
employment, cessation of employment or applications for employment with the County. Blanford
understands and agrees, however, she and her attorney are alone responsible and liable for all taxes,
FICA, social security, and other withholdings with respect to the settlement amount, as required by
law.
4. Blanford agrees to assist the County's 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 $20,000.00 payment. It is fully understood by the parties to this
lawsuit that the result of filing the Notice of Dismissal will be the entry by the Court of an Order of
Dismissal with Prejudice of this lawsuit.
5. Blanford represents and warrants to the County that she has not filed any other charge,
lawsuit, claims or any other action against the County or any entity or natural person that is or has
been associated with, controlled by or under some common control with/of the County.
6. Except for any claim to enforce the terms and conditions of this Agreement and
Release, Blanford, on behalf of herself and any and all heirs, executors, administrators, legal
representatives 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 Blanford 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 any way to or arise directly or indirectly from Blanford's
employment, cessation of employment or applications 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 Age Discrimination in Employment Act (29
U.S.C. § 621, et seq.), 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 Blanford.
7. (a) Blanford acknowledges and agrees that she has never asserted any claim for
age discrimination against the County or any County elected officials, officers, employees, former
employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns
for age discrimination under the Age Discrimination in Employment Act ("ADEA"). Nevertheless,
for purposes of complying with the release provisions of the ADEA, Blanford understands and
agrees that she may revoke this Agreement and Release for a period of seven (7) calendar days
following execution of this Agreement and Release. This Agreement and Release is not effective
until this revocation period has expired. Blanford understands that for any revocation to be effective,
it must be in writing and must be sent via telefacsimile to Lawrence Samuel Pivacek, Attorney at
Law, 215 Airport Road South, Naples, Florida 34104, telefacsimile number (941) 435-0457 within
seven (7) days of execution of this Agreement and Release.
(b) Blanford further understands that she is entitled to consider this Agreement
and Release for twenty-one (21) days prior to her execution of this Agreement and Release and
acknowledges that she has been given the opportunity to consider this Agreement and Release for
said twenty-one (21 ) days.
(c) Blanford understands and agrees that she has been advised to consult with an
attomey prior to executing this Agreement and Release and has, in fact, had an oppommity to discuss
it with her attorney, Douglas L. Wilson, Esquire, prior to executing this Agreement and Release.
(d) As part of this settlement, the plaintiff, Laveme Blanford, specifically waives
any claim to reinstatement or employment, with defendant Collier County or its subsidiaries or
related entities and any claim to attorney' s fees.
8. Blanford agrees to indemnify, defend, and to hold harmless the County from and
against (a) 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 Blanford or on account of any representations or
warranties made by Blanford herein which are later found to be false; and (2) any tax liability,
including but not limited to income tax, FICA, 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
Blanford and her attomey. In this latter regard, Blanford acknowledges and agrees upon advice from
4
her counsel that any tax liabilities including but not limited to income tax, FICA, social security tax,
penalties and interest associated with the payment of any monies to Blanford under this settlement
are solely her responsibility.
9. Except for any claim to enforce the terms and conditions of this Agreement and
Release, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever
discharge Blanford, 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, now has, or may have in the future against Blanford arising directly
or indirectly out of or relating in any way to Blanford's employment, cessation of employment or
applications for employment with the County or any claim or allegation that Blanford has asserted
or could have asserted in the Lawsuit.
10. Blanford understands and agrees that she is hereby waiving any and all claims she
may have to reinstatement or future employment with the County and/or any other entity that is or
has been controlled by or under common control with/of the County and further agrees that neither
the County nor any of the foregoing entities, at any time, be under any obligation to employ or
contract with her. Blanford further covenants and agrees that if she does seek or apply for
employment with the County or any other entity that is or has been controlled by or is or has been
associated or under common control with/of the County in the future, she will not file any
EEOC/Florida Human Relations Commission charge or lawsuit based upon retaliation for events
which have occurred prior to this date if she is not hired for the position(s) sought.
11. Both Blanford and the County agree to waive the right to seek payment ofattomey's
fees or costs incurred in the Lawsuit, and both parties agree to pay for their respective attomey's fees
and costs incurred in the Lawsuit.
12. B lanford 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 Agreement 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.
13. 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 Blanford under federal, state, or local law, policy or practice, with respect to Blanford's
employment, or the cessation of her employment, or in any other matter, or that any of Blanford's
claims have any merit whatsoever. The County explicitly denies any such wrongdoing.
14. This Agreement and Release shall be governed by the laws of the State of Florida.
15. This Agreement and Release is freely and voluntarily executed by Blanford 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, Blanford and the County do not rely on any inducements, promises, or representations
other than the promises and representations set forth in this Agreement and Release. In this regard,
Blanford 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 the ambiguous language.
16. 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.
17. 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.
18. In the event of an alleged breach of this Agreement and Release, Blanford and the
County hereby agree that all underlying causes of action or claims of Blanford and the County have
been extinguished by this Agreement and Release and that the sole remedy for breach of this
Agreement and Release shall be for specific performance of its terms and conditions. In this regard,
Blanford and the County further agree that the sole venue for any such action for specific
performance shall be the Twentieth Judicial Circuit Court in and for Collier County, Florida in
Naples, Florida.
19. 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 Blanford
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.
20. 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 one and the
same instrument.
21. Except as expressly provided for herein, the parties represent and wan'ant 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.
22. The parties 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.
23. The County agrees that any future inquiries directed to the County regarding
Blanford's past employment shall be directed .to the Human Resources Department or any
subsequently designated Department for handling inquiries of past employment and that such
inquiries shall be answered with affirmation that Blanford worked for the County, and the periods
of employment and positions held.
IN WITNESS WHEREOF, Blanford and the County having executed this Agreement and
Release, which consists of eight (8) pages, on the dates set forth below next to their respective
signatures and as swom to and acknowledged by Employee.
,t~///p,F,~DATED. BOARD OF COUNTY COMMISSIONERS
ATTESt: OF COLLIER COUNTY, FLORIDA
,DWIGHT E. BROCK., Clerk
' ' Pamela S. ~KilVI e, Ch~
At;~,t U to ehatr~an',
signature bhl~' Date:/~~t¢.~ ~. ~./,,/~/~
Lav~rne ~anford ' ' { on, Atty. for Blanford
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN LAVERNE BLANFORD AND
COLLIER COUNTY FLORIDA, WAS SWORN TO and subscribed by Laveme Blanford before me this
MV~e,~__ffff~t~,~Co~~R~_p~ic Produced Identification []
~n;~s~6ned Name Type of Identification Produced
(Please print, type or stamp)
My Commission Expires: '~/7_ ~////~9 /
Approved as to form and
Lawrence Samuel Pivacek
Attorney for Collier County
Approved as to form & legal suf,"iciep,cy
County Atto~ey
January 26, 1999
Item #10A
RESOLUTION 99-81, RE-APPOINTING CHERYLE NEWMAN AND TOM HENNING AND
APPOINTING GLENN WILT TO THE GOLDEN GATE COMITY CENTER ADVISORY
COMMITTEE - ADOPTED
CHAIRWOMAN MAC'KIE: Okay, let's see if we can move through
these items.
COMMISSIONER CONSTANTINE: ***Madam Chairwoman, 10(A) has three
appointments, three applicants. I'll make a motion we --
COMMISSIONER BERRY: Second.
COMMISSIONER CONSTANTINE: -- appoint all three of them.
CHAIRWOMAN MAC'KIE: Motion and second. All in favor?
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes 5-0.
Page 58
1999
RESOLUTION NO. 99-81
A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO
THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE.
WHEREAS, Collier County Ordinance No. 75-4 created the Golden Gate Municipal Services
Special Taxing District and provides that the Board of County Commissioners shall appoint a
committee of three to five electors residing within the district to serve on the Committee; 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 to fill the vacant terms.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Cheryle L. Newman is hereby reappointed to the Golden Gate Community Center
Advisory Committee for a two year term, said term to expire on December 31, 2000.
2. Tom Henning is hereby reappointed to the Golden Gate Community Center Advisory
Committee for a two year term, said term to expire on December 31, 2000.
3. Glenn E. Wilt is hereby appointed to the Golden Gate Community Center 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 26, 1999
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGH~T E. BROCK, Clerk COLLIER COUNTY, FLORIDA
: -- .....
David C. Wei~el~ ' ~ '
Count~
Dcw
January 26, 1999
Item #10B
RESOLUTION 99-82 DECLARING A VACANCY ON THE HISPANIC AFFAIRS ADVISORY
BOARD - ADOPTED
10(B), Hispanic affairs advisory board. They're asking that
there be a declaration of a vacancy.
COMMISSIONER BERRY: So moved.
COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 59
JAN 2 6 1999
RESOLUTION NO. 99-82
A RESOLUTION DECLARING A VACANCY ON THE
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory
Board, provided that the Advisory Board shall consist of seven (7) members; and
WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by
providing that the Advisory Board shall consist of nine (9) members; and
WHEREAS, the Hispanic Affairs Advisory Board has advised the Board of County
Commissioners that Jorge Chemas has failed to comply with the requirements set forth in
Ordinance No. 86-41, as amended, and has requested that the Board of County Commissioners
declare that the seat held by Jorge Chemas be vacant on their Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that after consideration of the facts
presented, the Board of County Commissioners hereby declares the seat of Jorge Chemas to be
vacant on the Collier County Hispanic Affairs Advisory Board.
This Resolution adopted after motion, second and majority vote.
DATED: January 26, 1999
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E:~ BROCK, Clerk COLLIER COUNTY, FLORIDA
~'.
' '" ~' ,'~." "~; .'~ ;,~,.... ELA S. MAC'KIE, Chairw an
, :;:
· :'fe. galsufficien,c~,.;.~"., '
County Attorney
Dcw/k.
January 26, 1999
Item #10C
RESOLUTION 99-83, REAPPOINTING JOANNE MARRO QUINN AND DIANE GONZALEZ
TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD AND LIMITATIONS
RE TWO CONSECUTIVE TERMS FOR MS. GONZALEZ WAIVED~ - ADOPTED
Historical archaeological preservation board, has two members
and two applicants.
COMMISSIONER BERRY: Two and two, motion of approval.
COMMISSIONER CONSTANTINE: Motion to waive the limitation on --
CHAIRWOMAN MAC'KIE: Ms. Gonzalez.
COMMISSIONER CONSTANTINE: -- Ms. Gonzalez.
CHAIRWOMAN MAC'KIE: Is there a second to that?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes.
COMMISSIONER CONSTANTINE: ***With that in mind, I make a motion
that we approve both those folks for our other two vacancies, Plant
and Gonzalez.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 60
J A N 2 6 1999
RESOLUTION NO. 99-83
RESOLUTION REAPPOINTING MEMBERS TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD
WHEREAS, Collier County Ordinance No. 91-70 created the Historic/Archaeological
Preservation Board and provides that the County Commission shall appoint seven (7) members
to the Historical/Archaeological Preservation Board; and
WHEREAS, there are currently two (2) vacancies on this board for the categories of Law
and Citizen-At-Large; 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. Joanne MatTo Quinn, representing the category of Citizen-At-Large, is hereby
reappointed to the Historic/Archaeological Preservation Board for a 3 year term, said term to
expire on October 1, 2001.
2. Diane M. Gonzalez, representing the category of Law, is hereby reappointed to the
Historic/ArChaeological Preservation Board for a 3 year term, said term to expire on October 1,
2001.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven (b)(1) of Ordinance No. 86-41, as
amended, relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of Diane M. Gonzalez to this Committee.
This Resolution adopted after motion, second and majority vote.
DATEDr. 'January 26, 1999
ATTESt': ,.')')' "': · BOARD OF COUNTY COMMISSIONERS
'Ap~rovedasto foi'hi and
David C. Weigel d,) '
County Attorney
DCW~.,
January 26, 1999
Item #10D
DISCUSSION REGARDING INTERIM GOVERNMENT SERVICES FEES - NO ACTION
Then 10(F) is -- no, I'm sorry, 10(D), discussion regarding
interim government services fee.
Commissioner Carter?
COMMISSIONER CARTER: Yes. Do all of you have my memorandum --
CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER CARTER: -- in regards to this issue?
The tax collector came to me about 30 days ago and asked how
much money we had spent on this issue. And I was able to then -- I
went to our county administrator and found out that we have spent
about 52-5 as our expenses. He spent about $18,000 in this area.
And it seems to me that this is an issue that belongs in the
legislature and not one that we're taking through the court system,
that we are now appealing this to the Supreme Court of Florida. This
was -- we were overruled at a lower level, as I understand the case.
And I am curious as to how much money the tax collector feels
that he will have to spend to pursue this, because we are spending
all Collier County tax dollars on this issue. We have no support
from any other counties in the State of Florida. And we're sort of
out here on a limb by ourselves.
And I am saying at this point that I think it's time that we
reconsider what we're doing here and perhaps should be pulling the
plug on this instead of continuing to spend more money.
So I would like to hear from the tax collectors how much that he
feels that it would cost him to go to court on this. And also, from
our own legal counsel as to how many additional dollars that we're
going to spend in a case that we may not have a very good chance of
winning.
CHAIRWOMAN MAC'KIE: Commissioner Constantine asked to be heard.
COMMISSIONER CONSTANTINE: You're absolutely right that it
belongs in the legislature; however, it never gets out of committee
in the legislature. And it's one that is very important and, in my
mind, very clear that it should be passed. However, the state
government never seems to go because of some effective lobbying by
different groups.
And so we undertook this. And I think to pull the plug now
would be throwing away that money, all deference to Guy. I think
we'd be throwing away the money that's already spent.
We are well, well down the road. We're not that far away from
getting an answer on it. And frankly, I think we ought to see it
through and get our answer. And if we get to the other end and we're
not where we hoped to be, then that answer is there.
Page 61
January 26, 1999
But if we win on this, that 52,000 pales in comparison to the
millions and millions and millions of dollars that it will save the
ad valorem taxpayer that is carrying the load for a new building
right now.
CHAIRWOMAN MAC'KIE: Other comments from the Board or should '-
I'd like to hear from Mr. Carlton. It's always fun.
COMMISSIONER CONSTANTINE: Ladies and gentlemen, please welcome
Guy Carlton.
CHAIRWOMAN MAC'KIE: Your friendly tax collector.
MR. CARLTON: Good morning, Madam Chairman and commissioners.
CHAIRWOMAN MAC'KIE: Good morning.
MR. CARLTON: For the record, I'm Guy Carlton, your friendly tax
collector. And --
COMMISSIONER BERRY: There are none.
MR. CARLTON: You're right, we're down the road. We're about
nine rounds into a 10-round fight. I will spend a little over
$20,000 in both -- a total for both hearings.
I'm doing that, Commissioner, to protect the integrity of the
tax bill and the tax roll. And the tax roll this year is 344 million
dollars. It's my concern that we play something on the tax bill that
was not legitimate and jeopardize it, then the entire tax roll may be
jeopardized. So that is my reason for pursuing it.
The logic of -- you know, I hear everybody say windfall. If I
own a piece of property and it's been taxed for 50 years, that lot
has never gotten up and went to the library and checked out a book.
That lot has never gotten up and robbed a 7-Eleven and had the
sheriff arrested. That lot has never called the EMS with a heart
attack.
Now, for six months out of one year someone thinks there's a
windfall, I fail to see the logic in that. But that has nothing to
do with why I am pursuing this.
If I could answer a question, I'll be glad to do so.
COMMISSIONER CONSTANTINE: I'd be happy to help you with the
logic, if you want.
MR. CARLTON: Well, any help I could get, because it's kind of
like trying to put a quart of water in that little Kool-Aid package.
COMMISSIONER CONSTANTINE: First, it's not just six months, and
you know that. It can go as long as 20 months, because if somebody -
MR. CARLTON: No, sir.
COMMISSIONER CONSTANTINE: If someone got a CO for their
building this past week, they don't appear on this year's taxes on
October 1 for that full value of that home. It will appear in
October of 2000 when that tax bill comes in the mail.
So it may be -- there's the argument between whether you're
paying backwards or you're paying forwards, but they're gone a long
time. And when you start multiplying that times the number of houses
Page 62
January 26, 1999
we have here, then that adds up to a lot of money. So it's not one
guy who doesn't go to the library, it is hundreds and sometimes
thousands of homes involved in this. And it's certainly millions of
dollars involved in this.
MR. CARLTON: The most an improvement can avoid paying taxes is
11 months. A property appraiser will tell you that it says
"substantially completed." So when one uses January 1, I'm not sure
that's a legitimate date, because "substantially completed" is the
term that the property appraiser uses.
COMMISSIONER CONSTANTINE: Am I mistaken that it has to do with
millions of dollars?
MR. CARLTON: I don't think you'll find -- I'll tell you what
has to do with millions of dollars, when foreigners, people from
Georgia, buy property from someone that has homestead exemption, they
get that homestead exemption for that year and they're not a
resident. That's not fair, but we do nothing to address that.
If a business starts 1 February, personal property is exempt
from taxation for that one year. We do nothing with that. That's
some of the logic that I'm having trouble with. But that's you alls
decision, not mine. I hope to see you all on March 5th in
Tallahassee.
COMMISSIONER NORRIS: We'll be there. You know that.
If we're successful in the appeal and it goes through the
Supreme Court and the Supreme Court says, yes, that the county is
right and this is the legal thing to do, then that does not cause you
a problem with your tax bill, does it?
MR. CARLTON: That will not protect you from a lawsuit. But if
the Supreme Court says that it's legal and you direct me to do it at
that point, it will be on that tax bill. But will that protect us
from a lawsuit? I don't think so.
COMMISSIONER NORRIS: Well, nothing is going to protect us from
a lawsuit.
MR. CARLTON: You know, it's nice to know that Collier County
wants to lead the way, but leading the way through a mine field may
be a little hazardous to one's health. That's all my advice.
If I can't answer any more questions, I know you all are busy.
I surely am. It's that time of year, so --
COMMISSIONER CONSTANTINE: You described it as we're in the
ninth round of a 10-round fight, and I just wouldn't throw the towel
in in the ninth round if I was still standing, so '-
MR. CARLTON: Okay. Of course, we do have a knockout in the
first round. I didn't mention that. You all have a nice day.
CHAIRWOMAN MAC'KIE: Knock down, but not knock out, would that
be good?
Commissioner Carter, I can understand your bringing this up,
because it's been a tough, tough call for me all the way through.
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January 26, 1999
At this point, Mr. Weigel, we know how much money we've spent,
and I appreciate you gathering that information. How much is left to
be spent? What percentage of the money have we spent already in
getting the answer to this question?
MR. WEIGEL: Well, I think the answer, I can give you a
percentage, but I'll just speak figures, and that is, with just the
hearing to be held March 5th in Supreme Court, counsel is fully
prepared, the county attorney's office is fully prepared, and the
hourly expense, and that's what we're paying for is an hourly expense
and per hour, is going to be relatively minimal. Just a few thousand
dollars tops, I would suggest at this point in time.
CHAIRWOMAN MAC'KIE: So we've spent -- what was the number, 60
or something like that?
COMMISSIONER CARTER: Well, I'm saying today is we've spent
about 52-5 is what I'm understanding.
CHAIRWOMAN MAC'KIE: And we've got a couple thousand more to
spend?
MR. WEIGEL: Well, based on -- couple thousand more to spend
based on the work from this point forward. I can't tell you if, in
fact, the most recent hours have fully been paid up to this very date
right now. But I don't think we're too far away.
And I will say that for once, maybe the only time ever, I sit
maybe in the best of all places. In 1996, I advised the Board that
it appeared illegal under the current case law at the time; wrote a
very strong opinion along those lines. And the Board at that time
persevered and endeavored to go forward. And it wasn't a loan, but,
in fact, was with a lot of consultation with other counties. And we
sought and obtained very fine outside counsel in this regard.
And you may recall, I came back later within this past year and
said that on a very daunting issue I think that we have put together
a very fine, perhaps the best arguments and reasoning that could be
had. So it probably will be a very significant kind of court opinion
that will come out in this regard. Whether it's favorable to us or
not, obviously it's going to be very important from a local
standpoint.
But we mustn't forget that these are for improved properties
that are subject to occupancy and, therefore, may have a people kind
of demand for service, as well as the fact that you have buildings
that require fire protection and may require --
CHAIRWOMAN MAC'KIE: We may let you make that argument at --
MR. WEIGEL: -- things of that nature, too.
CHAIRWOMAN MAC'KIE: -- the court, though, because it sounds to
me like there's going to be consensus to continue the effort at this
point.
MR. WEIGEL: Okay. One last comment I'll make, is that the
Florida Association of County -- of County Attorneys provided the
Mekus (phonetic) brief to the proceedings with the Supreme Court.
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January 26, 1999
CHAIRWOMAN MAC'KIE: In our support?
MR. WEIGEL: Absolutely.
CHAIRWOMAN MAC'KIE: Great.
Mr. Carlton?
MR. CARLTON: Fees that we paid at this point, including the
first hearing, is 18,500 and climbing. We also bring to the Supreme
Court a letter from every tax collector in the State of Florida
supporting our side of the issue. We look forward to being
successful once again. I see it as a very slippery slope, but I
guarantee you, if the Supreme Court says do it, we'll be there and
put it on your tax bill.
CHAIRWOMAN MAC'KIE: Yes, Ms. Berry?
COMMISSIONER BERRY: Mr. Carlton, wasn't it your group, your
lobby group, up there that helped defeat this in the legislature
before?
MR. CARLTON: Pardon?
COMMISSIONER BERRY: Pardon? I thought so.
MR. CARLTON: I have to plead ignorant in that case. I don't
ever remember lobbying against partial year assessment. But I know
if you --
COMMISSIONER BERRY: You don't remember lobbying? You personally
maybe didn't, but you don't have any lobbyists in Tallahassee that
may have talked to the legislators about this?
MR. CARLTON: You know them lobbyist guys. They work for so
many different people, who can tell?
COMMISSIONER BERRY: Right.
CHAIRWOMAN MAC'KIE: Okay. Thank you so much.
COMMISSIONER BERRY: I will tell you that is indeed what
happened. Because this argument's been going on. I lobbied when I
was on the school board in favor of this back in the '80s, so they do
have a very powerful group in Tallahassee and they certainly got the
legislators' ears.
COMMISSIONER CONSTANTINE: Thank you, Commissioner Berry, for
the rest of the story.
COMMISSIONER BERRY: That's the rest of --
Item #11A1 - Moved from Item #16H4
PURCHASE OF A PRINTAK INTERNATIONAL COMPUTER AIDED DISPATCH (CAD)
SYSTEM FOR THE SHERIFF'S OFFICE - APPROVED
CHAIRWOMAN MAC'KIE: Would the Board care if we jumped ahead and
heard the CAD System item that was pulled off the agenda and then
come back for this PGA question so we can get these sheriff's people
back to protecting the health and safety of this county?
COMMISSIONER CONSTANTINE: As opposed to the clerk's team that's
sitting back there?
Page 65
January 26, 1999
CHAIRWOMAN MAC'KIE: Well, you know, but --
COMMISSIONER NORRIS: Let's go.
CHAIRWOMAN MAC'KIE: Okay, let's do the --
COMMISSIONER NORRIS: That won't take long.
CHAIRWOMAN MAC'KIE: -- CAD System question real quick, because
I don't -- who pulled that one off the agenda?
COMMISSIONER CARTER: I pulled it off because I just have some
questions, because I was not comfortable with the report that I got
from the Sheriff's Department last time in terms of how they're
testing for their computer systems to be Y2K compliant.
Everything that I know is that systems should be being tested
now, should be taken off-line to be tested in the simulation process.
And I was disturbed to hear that we're talking November, December to
test some of these systems which does not resonate well with me.
And when I saw this, I have some questions. I want to know if
this new system is Y2K compliant, will it be in place in time? And
I'm not talking December. I'm talking where it could be testing off-
line and then be assured that it's going to work before those
expenditures are made.
So that's the purpose and the reason that I pulled it, Madam
Chairwoman.
CHAIRWOMAN MAC'KIE: Thank you.
LIEUTENANT BEATTY: Good morning, Commissioners. My name is
Lieutenant A1 Beatty, I'm the communications manager for the
Sheriff's Office. With me is Director Damian DeAndres, he is the
information technologies director.
We do have a proposed CAD installation time line, if I may go
over that. We're going to go to final contract with Printrak during
the first part of February. From that point, we have to order the
hardware and the software. That also --
CHAIRWOMAN MAC'KIE: Let me interrupt you, because I think that
there's some really direct questions. Is it a Y2K compliant system?
MR. DeANDRES: Yes, ma'am.
CHAIRWOMAN MAC'KIE: And does your time line include off-line
testing that will be completed before November?
LIEUTENANT BEATTY: Yes, ma'am. We are looking at a July 15th
complete system installation and testing to be done in a two-week
period between July 15th and August 1st, which we will start training
of our dispatchers.
COMMISSIONER CARTER: Is your supplier going to work with you
through this process and stand behind you and not just throw their
hands up at the end and say, well, it didn't work and good-bye, or
are they going to be here with you to make sure that it works?
CHAIRWOMAN MAC'KIE: Do you have some guarantees?
COMMISSIONER CARTER: Guarantees.
MR. DeANDRES: That's one of the reasons it took us almost two
years to make sure this particular vendor provided the software that
Page 66
January 26, 1999
was Y2K compliant and can produce the product in the time period that
we require.
CHAIRWOMAN MAC'KIE: Your name for the record, sir?
MR. DeANDRES: Sorry. Damian DeAndres, MIS director for
Sheriff's Office.
COMMISSIONER CARTER: Okay, thank you. Satisfies my questions,
Commissioner.
CHAIRWOMAN MAC'KIE: You want to move the item?
COMMISSIONER CARTER: Yes, I would move the item.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOM3~N MAC'KIE: It passes unanimously.
Thank you for being here.
Item #10F
MOTION TO RECONSIDER AGENDA ITEM 10(I) OF THE JANUARY 12, 1999 BOARD
MEETING PERTAINING TO THE STATUS OF THE PGA AUDIT/MEDIATION
ENDORSEMENT - CHAIRWOMAN MAC'KIE TO PARTICIPATE IN MEDIATION AND COME
BACK TO THE BOARD WITH A REPORT - APPROVED
Then we'll go to Item 10(F).
Motion to reconsider item 10(I) of January 12th. What this is, is
the endorsement of the clerk's mediation with the PGA and the golf
tournament. I don't know who --
COMMISSIONER BERRY: I did.
CHAIRWOMAN MAC'KIE: Oh, okay.
COMMISSIONER BERRY: I think all of you should have been
provided with the -- you had the bluebook before that was tabbed.
I think, Commissioner Carter, I believe you've been provided
with one as well at this point in time.
After the last consideration that we gave in terms of support of
mediation, I happened to be actually clearing off my desk and I came
across the document that was the state attorney's investigation. I
don't know if all of you have that particular document. You probably
do. It's somewhere in your stacks of papers regarding the golf
tournament.
When looking on this, if you happen to have that document, on
page two of that document, after I read the second -- actually, I
guess would be considered the third paragraph. It's the rather large
statement that's on there. As I read that, I got very concerned
about action that we have just taken in terms of mediation, because
it became very clear to me that the contract that we had between the
Page 67
January 26, 1999
PGA Tour, Inc. and Collier County in the amount of $500,000, if
you'll look at that statement --
CHAIRWOMAN MAC'KIE: I don't have that. Could you read it?
COMMISSIONER BERRY: Yes. It says -- it just says the contract
between the PGA -- that's how they refer to it in this particular
document. What I'm reading from, for those of you who are sitting in
the audience, is the investigator report, and it has to do with the
case of Commissioner Norris. But I'm on page two of the document
where it states, "the contract between the PGA and Collier County
stated that the county grant of 500,000 could not be used to
subsidize the prize money awarded as part of the tournament."
If you'll skip down a few lines, it then says, "a contract
between the PGA and Cadillac," also related to this golf tournament,
and stated that Cadillac would contribute 200,000 to the prize money.
"PGA documents provided pursuant to a subpoena" -- whatever your --
CHAIRWOMAN MAC'KIE: Duces tecum.
COMMISSIONER BERRY: Whatever that means.
-- "as well as the sworn statement of PGA accounting manager,
Jeannie Lightcap indicate that 128,000 of the 1996 TDC grant was used
to underwrite a portion of the term of purse in violation of the
provisions of the grant."
Well, it raises a couple of questions. First off, that 128,000,
I don't believe the original number we were given was 128,000. There
was -- that -- it raised the question in my mind that there seems to
be what we were told originally was not the 128,000; however, it
shows up here.
And then as it goes on, it goes on into the 1997 tournament, I
believe, and there are some other statements that are made. And that
is another issue as well.
But for the purposes of my reconsideration here, the 1996
tournament was a reimbursement contract, which meant that, as I
understood it, I was not on the commission at that time, but we had
subsequent discussions about this contract, that invoices would be
submitted and then they would be paid. I went from this book.
At this point in time, I had raised this. I contacted our
attorney, Mr. Weigel, and I said, Mr. Weigel, I'm confused about some
things. At that point we went to the bluebook and looked at the
warrant that was issued by the clerk's office, which is dated
February 6th. The tournament had not been held. If it was a
reimbursement contract, why would the $500,000 have been paid prior
to the golf tournament ever taking place?
And so putting those two items together and looking at the
$128,000, it clearly appears to me to be a -- and I'm not an
attorney, but it appears to me to be a direct violation of the
contract that we had with PGA Tour, Inc. And if that is the case,
why mediate it? It's not a question of mediation, it's you owe us the
money. Pure and simple.
Page 68
January 26, 1999
CHAIRWOMAN MAC'KIE: They do owe us the money.
COMMISSIONER BERRY: So I don't want to talk about mediation.
We either go after the money in total, or give me a good reason as to
why we would do something else. But that's just the beginning of it.
Because I think as you go further through the document, you
start comparing this document to issues that we have in the bluebook.
I think we need to take a look at that.
I think we also, after considerable conversation with our
attorney, you also got a letter this Bast Friday in terms of a
records request.
Also, at the time that we made the decision for the mediation,
we failed to listen to Mr. Weigel. We didn't -- I don't believe he
spoke that particular day. And I think that perhaps if we had had
some information, perhaps we may not have chosen to go down this
particular path.
So that's my concern and that's why I brought it back to the
Commission, to reconsider possibly -- or at least to decide if we
would like to reconsider that action. But I think we also need to
hear from Mr. Weigel.
CHAIRWOMAN MAC'KIE: And Commissioner Constantine wanted to
speak.
COMMISSIONER CONSTANTINE: Well, thankfully, I am not an
attorney either; however, I'll ask those who participate in legal
matters.
Mediation doesn't necessarily mean compromise. My understanding
is mediation means sit down, talk, share the facts, so that they
understand we believe there is a clear violation, you do owe us this
money, and possibly have that ironed out and settled without going
through the time, expense, and public spectacle that is sure to
accompany some lawsuit somewhere.
My assumption is mediation is a way for the two sides to sit
down and talk about this in a reasonable and rational manner without
having to go to court. If that fails, we still reserve that option.
So I support the idea of sitting down. If the PGA owes us that
money, and it certainly appears they do, sitting down, telling them,
explaining exactly why and trying to get them to go ahead and agree
to that without having to go through all the hoops of a lawsuit.
And perhaps I'm misunderstanding what mediation is. But if that
is correct, then I don't have any objection to that all. It just
seems like good practice.
CHAIRWOMAN MAC'KIE: And if I could, just binding arbitration I
would have an objection to, because we have such clear claims. But a
mediation only helps sometimes. Because if the PGA hears the mediator
say, you know, Collier County's got a really good case, then maybe
it's settles and we don't go to court. But if it doesn't, we go to
court.
Page 69
January 26, 1999
And I haven't ever, frankly, considered that we would do
anything other than pursue the full amount. If we end up going to
court, you know, we may even have -- we may be entitled to
reimbursement of the whole thing. Maybe they have violated more than
COMMISSIONER BERRY: But it was in this report that the 128,000
was mentioned. And I don't believe that we were given that
information from the clerk's office before. CHAIRWOMAN MAC'KIE: The
COMMISSIONER BERRY: There were some other numbers that were
given. And how this report came out with the 128,000, why the
discrepancy between the numbers from the clerk's office and this
particular report?
CHAIRWOMAN MAC'KIE: Could we hear from you on that, Mr.
Mitchell?
MR. MITCHELL: Absolutely. Commissioners, Madam Chair, for the
record, my name is Jim Mitchell, the director of financing and
accounting for the clerk's office.
And you are correct, Commissioner.
What I want to do is go back to February when that payment was
made, the $500,000. We paid off of an invoice that was provided to
us by the PGA. We started taking a look, after we made the payment,
to ensure that the payment was proper. And what we determined was it
was not. We did not have supporting documentation. In essence, the
payment should not have been made. We relied on representations by
the PGA and also on other parties for us to make that payment.
At that time we started the process of trying to get the
documentation that we needed to ensure that the monies that we had
provided to the PGA were used the way that they said they used them.
At the same time, our internal audit department came in and did
an audit on that transaction. That particular report was issued
January of 1997, and we were highly criticized for the way that we
did that transaction.
CHAIRWOMAN MAC'KIE: Can I pause you right there?
MR. MITCHELL: Sure.
CHAIRWOMAN MAC'KIE: Because I think that is a really important
point. I've heard so many times that if the clerk would just say I
did it wrong, I shouldn't have paid that payment, then that would go
a long way toward making this move along better.
Not only did -~ has the clerk said it, he said it in writing,
his own internal audit department printed it, it was published, it's
been disseminated. The clerk has been very, very clear about the
fact that that payment -- his own internal auditors told him he
shouldn't have done it that way. And he's published that fact since
when?
MR. MITCHELL: Well, it was actually published January 24th of
1997.
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January 26, 1999
Now, what I want to say is, in that audit report, I received a
lot of criticism that I took very serious. And my response to that
report was a commitment to do two things: The first thing was to
continue the pursuit of those documents from the PGA, which we have
continued against all odds to get. And at the same time, to work
with county staff to improve the process of making TDC payments,
which to this day we continue to do that.
Now, the difference between the number that was reported to you
back -- whatever date it was, and the $128,000 in State Attorney's
Office is real simple. The documentation that was provided to us by
the PGA listed several types of expenditures. And they also had some
backup with that. When we started comparing what was provided by the
PGA to the contract, there was approximately $32,000 that was in
question.
In addition to the $32,000, there was a $45,000 rights fee that
was in question. And if you remember back to the action that this
Board took, that that original contract was amended to capture the
$32,000.
Now, the reason for the difference between what was reported to
this Board and what is in the State Attorney's report is fortunately,
the State Attorney's Office has the power of subpoena, and so they
subpoenaed the PGA and they provided additional records which
reflected exactly how the monies that we provided to the PGA were
spent.
Absent that subpoena power, we would have had no way of knowing
that 128,000 of our dollars in 1996 went right to the prize fund.
CHAIRWOMAN MAC'KIE: And I'm going to pause you there again,
too, because I've really been trying to figure this out.
And this also bears on the fact that this Board waived the
audit, changed the contract, weakened the ability of the clerk to
demand documents that they could only then request from PGA. PGA was
not forthcoming with the documents. But thank goodness for that
subpoena duces tecum power, because the State Attorney could make
them give what the clerk could only ask for. And that is when the
real information came out.
As I understand it, the day that the investigation closed is
when the clerk -- because then it becomes a public record, you can
request that information. Frankly, I requested it that day, too, and
reviewed it. And that's when those real numbers came to life.
MR. MITCHELL: We not only have a problem with the 1996
tournament, there's an additional problem in the 1997 tournament.
COMMISSIONER BERRY: That's right.
MR. MITCHELL: 1997, we went along with our approved process.
We had invoices. Unfortunately that was not a reimbursement
contract, that was an invoice-type contract. Which we now find out
that there is a problem with an invoice that was provided to the
Challenge Foundation from the PGA that's incorrect.
Page 71
January 26, 1999
CHAIRWOMAN MAC'KIE: And we find that out by virtue of what
process?
MR. MITCHELL: The subpoena process with the State Attorney's
Office.
COMMISSIONER BERRY: But, you know, the whole thing, unless I
have missed something at one of our meetings, until this point in
time, that has never been really brought out as to how this
information came about.
CHAIRWOMAN MAC'KIE: And I'm going to say this, too --
COMMISSIONER BERRY: And that bothers me a lot, Commissioner.
CHAIRWOMAN MAC'KIE: It bothers me, too. And I'll tell you --
and David, I apologize for this publicly. But I think that our
county attorney had been given enough instruction from this Board
that the day the documents became public, he should have gotten them
and should have reported to us. And I don't know why that didn't
happen.
COMMISSIONER BERRY: Well maybe -- let's hear from our county
attorney, if you don't mind. I'd like to hear from him.
COMMISSIONER CONSTANTINE: I'd like to ask, as part of your
comments, David, your letter of last Friday? MR. MITCHELL: Yes.
COMMISSIONER CONSTANTINE: First paragraph says, this past
November, the Board directed you to pursue any avenues or rights the
county may have, apart from those the county clerk has concerning
this issue.
My recollection, and I haven't gone back and looked at the
minutes in the last 24 hours, I just saw this yesterday, but -- was
that we would work in concert with -- it was one quote I think I even
used. And we asked, and I remembered this quote exactly, to be our
representative with the clerk, act on our behalf with the clerk, in
this whole process.
And so I -- just as part of your comments, I need to understand
from where you thought that was supposed to be separate or apart from
what the clerk is doing.
MR. WEIGEL: Well, I think the comment came with the November
3rd meeting with the Board discussion, Commissioner Mac'Kie, I
believe, particularly stating that the county enjoyed some rights and
-- legal rights by the contractual relationship with the PGA and/or
others involved with these 96-97 senior golf tournaments that were
apart from or other than what the clerk enjoyed. And that's what I'm
restating there.
And also, in regard to this letter that I sent, quite frankly,
it's trying to be -- the letter was trying to be a service, not
merely to the clerk but to my client, the Board. And I want, of
course, it to be stated here very clearly on the record, my client is
not the clerk, my client is the Board of County Commissioners.
Page 72
January 26, 1999
Now, the Board of County Commissioners on January 12th,
endorsing mediation by the clerk, with or without the assistance,
specific or otherwise, with the county attorney on behalf of the
Board, bears one, I think, central thought. And that's the central
thought of my letter, of part two of my letter. Part one is a rather
massive public records request. Part two discusses mediation and
elements of mediation, which I think you as a client and the public
need to be clearly informed.
And that is mediation -- and I was asked at the January 12th
meeting, what is mediation? I said it can take the shape of what the
parties agree to it to have, it could be binding or something less.
And I expect that this would be something less.
But the fact is that mediation, in the broad concept,
contemplates potentially coming back to this Board of County
Commissioners with a figure different than that which the State
Attorney or the clerk's office previously had said was improperly
handled or spent by their grantee recipient or recipients.
Now, what does this mean in the big picture? It means that
there's a potential that the clerk would come back to the Board of
County Commissioners and say we had a very good forthright meeting,
we learned a lot, we aired our differences, saw our different
prospectus points of views. And this is potential. We do not know -
- I cannot foresay what this may be, but there's a potential that
from mediation you come back with a figure that is arguably mutually
agreeable but not a happy figure for both parties. It's a kind of a
settlement procedure, perhaps one might say.
So they come back and say, I'll just pick a figure, well, we
believe that $89,000 is an amount that we recommend to the Board to
settle for. Well, don't forget that the initial issue was 32,000,
and 32 plus 45,000, then it was 128,000.
And the Board has its own fiduciary responsibility to county
funds separate and apart from the clerk. And that is, if the clerk
should come back from mediation with some amount that appears to be,
based on our own best efforts, something less than what was
improperly spent, then there is a possibility that the clerk, through
his own preaudit actions and disbursement of a payment prior to the
event but also prior to documentation of invoices prior to the event,
may have a secondary liability for the remainder.
And that's what I think you need to know and that's what I was
attempting to say in this document.
CHAIRWOMAN MAC'KIE: And I appreciate that is your
responsibility to advise us about, but I hope that everybody is
familiar enough with the facts to see that the odds are very slim
that we would recover -- or frankly, that I would support pursuing --
because what we're talking about is personal liability of Dwight
Brock, that he would out of his own pocket pay back some money
Page 73
January 26, 1999
because it was improperly paid. We're not talking about a taxpayer.
We're talking about his personal liability.
The facts speak to me clearly that he had a basis on which to
make the decision to pay the invoice, and it includes county staff
signing off on the invoices, as we do every time we order, you know,
a section of road pipe or whatever we do.
So while I appreciate and know that it's your responsibility to
bring that to our attention, for my vote I am not interested in
pursuing the clerk personally on those matters.
MR. WEIGEL: And that would be your option. But I think you
need to be collectively informed of that.
CHAIRWOMAN MAC'KIE: Agree.
COMMISSIONER CONSTANTINE: You're just trying to make sure we're
aware, you're not recommending for or against the mediation
procedure. You're just making sure we have all the facts on which to
base our decision?
MR. WEIGEL: Well, my memo was to the clerk, and it was advising
him that there's a potential here for another avenue of recovery of
funds. And I think that it made itself fairly clear that way. That
doesn't mean that it's going to happen, but it does mean, and I think
even the clerk has to recognize at this point, that there are some
issues here that go beyond a meeting with the PGA Tour, Inc. or the
PGA in this thing.
Because when you enter into the mediation, both parties are
going to say we come from this, this settles all issues. Well, this
maybe won't settle all issues, because the Board does have its own
fiduciary responsibility, the tourist tax dollars that were spent.
And so if it comes back with something less than the full, full
amount that this Board thinks is due --
COMMISSIONER, CONSTANTINE: The key to that, though, David, is
maybe.
MR. WEIGEL: Right.
CHAIRWOMAN MAC'KIE: And the point being, it comes back.
COMMISSIONER CONSTANTINE: Yeah, maybe it won't, but it comes
back. And for me, they ought to go have those discussions and see
what they can come up with and then come back. And if we don't like
it, if they come back at 127, and we say no, darn it, it's 128, then
we have that option. But we ought to at least allow the parties to
all sit down.
And I think we need to be extremely careful not to expend a
great deal of time saying gee, Dwight, you shouldn't have paid the
bill and him saying well, gosh, the county administration shouldn't
have submitted this. And whatever is done is done. And if we can
correct that in the future, great.
But we all seem to agree PGA or other parties owe us some money,
and we all ought to get on one single effort to go after that and
pursue that money and have a set process in mind and come back and
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January 26, 1999
take care of the taxpayer in this process, instead of arguing back
and forth across the campus here.
COMMISSIONER CARTER: Commissioner Constantine, I agree with you
on this. My crawl with this whole process -- this whole thing has
been the process. I believe in the magic thing called telephone. We
could have picked that up, we could have called the clerk, the clerk
and the county attorney could have sat down and had a meeting over
this. If he could not have gotten a meeting with the clerk, if there
was some problems with that, he could have come to the chair, any one
of us as commissioners, we could have facilitated that process.
I'm with you, Commissioner Constantine. I don't want the finger
pointing back and forth. I would like the clerk to go forward in
mediation and find out what we have to find out and then bring it
back to us. I appreciate our county's attorney's concern in this
process. But folks, in the real-world of business, we wouldn't be
doing this kind of thing. That's probably my frustration.
COMMISSIONER BERRY: Let me just remind every one of you one
little item here. Everyone sitting at this Board table has been
tarred and feathered with this particular event. I for one am a
little bit tired of that, okay? And I am tired of pussyfooting
around the issue here. I don't care who's at fault. I don't care
who did what, when, why or whatever.
But when I read this document and I go back to other previous
documents, and then I read in the paper that the Collier County Board
of Commissioners is not interested in pursuing taxpayer dollars, then
I'm going to get a little irate. And I'm not ready to sit and draw
pictures and be nice anymore. I'm tired of being nice. We've been
nice long enough. And I've had it. I've had it clear up to my
eyeballs and above. And I'm sick of it. And we either go get the
money or say okay, guys, we're just going to let happen what happens.
Well, I'm not inclined to do that. I've had it.
COMMISSIONER CONSTANTINE: I don't blame your frustration
whatsoever; however, I don't think we're going to enhance our public
standing by trying to point the finger at another constitutional
officer or by '-
COMMISSIONER BERRY: Well, dog gone it, Commissioner, the
finger's been pointed at us.
COMMISSIONER CONSTANTINE: I didn't interrupt you, Commissioner
Berry.
And I think that all we do is further that finger pointing by
arguing and bickering over it.
And again, I repeat, we ought to work with the clerk, let him do
what he does, let him go sit down with these folks. If we want to
send somebody from our avenue, send their chairman to go sit down at
the table with them. Great. But let's go solve the issue instead of
all pointing fingers at each other.
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January 26, 1999
Yes, we have had fingers pointed at us inappropriately, but
we're not going to solve that by getting upset. We're going to solve
that by going and sitting down with the PGA and saying look, you owe
us this money, this is why we think that, and if you choose not to
come to some sort of agreement with us, then we will pursue it
legally.
But doing anything other than that isn't going to do us any
good, and certainly isn't going to enhance that public image that you
seem so concerned about.
COMMISSIONER CARTER: Commissioner Constantine, I like your idea
of sending our chair to participate in this process. If that would
be acceptable to the clerk and acceptable to our chair, I think it
would be a good idea. This might just enhance the lines of
communication.
CHAIRWOMAN MAC'KIE: Mr. Pires --
MR. PIRES: Just for the record --
CHAIRWOMAN MAC'KIE: -- and I want to say this, too, if I could
ask you. I know that you as attorney to the clerk probably have a
whole lot that you want to say about -- in defense of the clerk. But
if what you could focus on right now is the mediation process and how
we might go forward in a positive way.
MR. PIRES: Thank you, Madam Chairwoman. Tony Pires of the
Woodward, Pires Law Firm, the attorney for the clerk.
I agree, I think there's some positive connotations that are
coming out of this meeting. The suggestion by Commissioner
Constantine is also expressed by Commissioner Carter that the
chairman attend the mediation session. We wholeheartedly welcome
that. We wholeheartedly endorse that. It's currently scheduled for
February 18th, 1999. And we have selected a mediator in working with
the PGA. We endorse that, with the authority to negotiate and settle
on behalf of the county and bring it back to this Board.
And the idea of working together, the constitutional offices and
the Board of County Commissioners and the clerk, the clerk welcomes
that. As you know, the clerk has been persistently trying to pursue
this for the last two years or so. The clerk, subject to criticism,
two years almost to this date on January 24th, 1997 with its own
audit. We welcome the opportunity to have the chairman there to work
together to resolve this. Jim, anything else?
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes, please.
MR. FERNANDEZ: If I could ask you a question. Mr. Pires.
Mr. Pires, did you indicate that you feel that you have
authority from the Board to negotiate and settle this matter?
Because what I heard the Commissioners describe, it did not include
settle.
CHAIRWOMAN MAC'KIE: It comes --
Page 76
January 26, 1999
MR. PIRES: What I indicated was that the chairman negotiate it
and settle the matter and then come back before this Board. We've
also said come back before this Board.
CHAIRWOMAN MAC'KIE: I certainly would --
MR. PIRES: I think that's the sentiment that the Board is
having today.
MR. FERNANDEZ: I just wanted to make sure that it was
clarified.
COMMISSIONER BERRY: Let's used the word "potential settlement."
Because until it comes back to before us, there's no agreement.
MR. PIRES: I understand. Negotiation and settlement and come
back to the Board for the final approval.
COMMISSIONER BERRY: No, not negotiate and settle --
COMMISSIONER CONSTANTINE: For ratification --
COMMISSIONER BERRY: -- negotiate and potential settlement and
then come back --
MR. PIRES: Potential settlement.
COMMISSIONER BERRY: -- to the Board.
CHAIRWOMAN MAC'KIE: I'm clear, whether anybody else is or not.
If I were to go to this mediation, if you asked me to, that I would
go as an emissary without authority to bind this Board, that I'd come
back and report to the Board and have -- the Board by vote would make
its decision, as we always do. I'm clear that I don't have that
authority to do that without the Board's vote.
COMMISSIONER CONSTANTINE: I think you're also clear on the
passion the Board feels. And I share Commissioner Berry's
frustration in that bottom line is, there's money out here and we
need to get it back.
There has been some assumption in the media that the members of
the Board don't. I think you, as our representative going to that,
are clear that all five of us want to get that squared away and put
behind us.
CHAIRWOMAN MAC'KIE: I have a question about the process.
And David, please tell me if this is not the right forum for
this, because it may be a litigation strategy kind of question. But
that, it seems to me, is the nature of this discussion.
As you know, I believe that we have -- we, as the Board of
County Commissioners, as contract parties, have potentially claims
that the clerk, not being a party to the contract, does not have.
For example, I question strongly whether or not we got value for
the advertising that was offered to the county as a part of the
bargain here. That's not a PGA question. But I do want to see the
county pursue collection of the cost of that.
Is that -- what do we need to do to preserve the opportunity for
you to review those facts and see if in fact there is some separate
case that the county has?
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January 26, 1999
Or perhaps the question is for Mr. Pires, has the clerk already
begun looking into that question on the value of the advertising and
whether or not --
MR. WEIGEL: To whom is the question directed?
CHAIRWOMAN MAC'KIE: I'd like to hear from both of you.
Tony, if you -- and I guess the first question that Mr. Weigel
has to go to you and that is whether or not it's appropriate in this
forum to have a discussion about that or if that's some strategy
that's ~-
MR. WEIGEL: I think I can certainly discuss it to the extent
that there was an ancillary agreement with, I think it was,
Intelenet, Inc. in 1996 where -- to further and get the Board's
approval of the agreement to the grantee, PGA Touring, that a
significant amount of advertising promotion and contests were going
to be provided.
MR. PIRES: But --
MR. WEIGEL: There's more I have to say. I just didn't know if
you were listening.
The fact was, there was an ancillary contract with significant
requirements of advertising, contests, and other off-season as well
as on-season promotion to be done. And it has been my understanding
and the Board minutes reflect from Board discussions previously, that
in fact that was done.
And that particular agreement specifically provides that even if
the event that were not held, there would be a requirement and the
measure of damages, a specific performance. Now, not for a moment
have I ever been told that there wasn't performance of those
advertisements. There was not, I don't believe, a requirement in
that contract for some kind of value to be ascertained by a tourist
bureau or someone else in that regard. But I can look at all those
things and report to you as comprehensively as I can. CHAIRWOMAN MAC'KIE: I would like to hear that.
And maybe this is one more time, Commissioner Carter, where
there needs to be telephoning and communication, because I think
there is some real question as to whether or not the county has
claims there. Do you have a comment on that?
MR. PIRES: Just a brief comment, because there are some issues
I don't feel comfortable going into.
There was purported documentation submitted to the county that
purported to justify and explain and back up to the county compliance
within the Intelenet contract. There are some -- there is an
investigation and inquiry under way by the clerk's office, and there
are some preliminary determinations, but we're not ready to make a
final opinion or provide a final opinion on that. So it's still in
the inquiry stage.
CHAIRWOMAN MAC'KIE: But there's nothing at this point that we
would be compromising in this mediation process --
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January 26, 1999
MR. PIRES: No.
CHAIRWOMAN MAC'KIE: -- with regards to other potential claims
against other parties?
MR. PIRES: No, I don't believe so.
One other real quick item, if I may, Madam Chairman, is as part
of the consideration here, I appreciate Mr. Weigel's concern to make
sure the Board is well advised of its legal rights, its position and
its liabilities.
I would only request that if he was to make those kinds of
correspondence to the Board in the future, it would not be through my
client as a vehicle. If he wishes to advise Mr. Brock, I have no
problem talking with David and sitting down with David and talking
about issues he may have of concerns -- with concerns David may have
about the clerk.
CHAIRWOMAN MAC'KIE: But that's something you can discuss
privately together.
MR. PIRES: Sure.
CHAIRWOMAN MAC'KIE: It doesn't need to be in this forum.
MR. PIRES: No, that's correct.
CHAIRWOMAN MAC'KIE: I appreciate that.
MR. PIRES: Thank you.
CHAIRWOMAN MAC'KIE: Other comments from the Board?
COMMISSIONER NORRIS: I just would like to clear up a little
question that we get blamed for a lot. This information that we're
dealing with that shows that there may have been money spent
incorrectly, according to the terms of the contract, was brought
forward by subpoena powers. Under the county's auditing powers, I
don't think we have subpoena powers, do we? CHAIRWOMAN MAC'KIE: I doubt it.
COMMISSIONER NORRIS: Do we have subpoena powers under an audit?
MR. WEIGEL: Well, I think that the preaudit function is a
statutory clerk's function. I expect they could respond to that
better than I could.
CHAIRWOMAN MAC'KIE: But the answer is, there's no subpoena
power in an audit.
COMMISSIONER NORRIS: Well, the subpoena power is what brought
this information to light. We get blamed for blocking audits or
waiving audits, as if this made a lot of difference. But the
language in the contract, I'll read it for you here, out of Section 9
says, grantee shall -- not may -- shall also submit any additional
documentation requested by county to complete its final accounting of
this grant.
Now, whether it's an audit and they supply it without you
asking, or you have to ask for it, is a fairly minor point. They're
still required under their contract to supply whatever information we
need.
Page 79
January 26, 1999
Now, we don't have subpoena power, so we didn't get the same
documentation that the State Attorney's Office did. But I think the
point is that there was very little, if any, diminution ability to
collect documents.
CHAIRWOMAN MAC'KIE: Tony, you could respond to that better than
I can.
MR. PIRES: Just briefly. I think Mr. Mitchell's office tried
persistently and persistently to try to get all of the documents from
the PGA. We were resisted. We did not get all the documents. The
documents that ended up showing that the monies -- some of the monies
from 1996 and 1997 went to term at prizes in violation of the
contract, were not provided in response to any inquiries by the
clerk's office or by the county. In fact, those inquires were
resisted by the PGA Tour.
COMMISSIONER NORRIS: That in itself is a violation of the
contract.
MR. PIRES: That's absolutely correct.
COMMISSIONER BERRY: Which is not a contract.
COMMISSIONER NORRIS: So whether the contract had stated audit
or you shall provide the documents is a moot point.
MR. PIRES: I don't believe it's a moot point because I also
believe that it left PGA Tour with the idea, based upon this board's
action, that they were done providing what they had to provide. I
think that's the bottom line and the flavor of what we were advised.
CHAIRWOMAN MAC'KIE: And that's the part that I was going to say
is that if you were on the receiving end of a request from the clerk
for information and you have a contract party who's recently amended
their contract to say the audit is waived --
COMMISSIONER NORRIS: As we did for all Category C events.
CHAIRWOMAN MAC'KIE: -- then the PGA quite reasonably was not
cooperative with the clerk because we had waived the audit.
COMMISSIONER BERRY: Wait a minute. That doesn't apply to the
1996 tournament.
COMMISSIONER NORRIS: Yeah, it does.
COMMISSIONER BERRY: Does it?
COMMISSIONER NORRIS: Under the amended contract.
CHAIRWOMAN MAC'KIE: Yes, ma'am.
COMMISSIONER BERRY: Under the amended contract. But what
happened between 1996 and 19977 You were still under that provision
until 1997, were you not?
CHAIRWOMAN MAC'KIE: Jim? I thought we took it out.
MR. MITCHELL: Once again, Jim Mitchell.
Commissioner, we started the process of trying to get those
documents in the summer of 1996. We met resistance the whole way.
Even after the contract was amended where the provision that allowed
us to continue to pursue the documents was left intact, we continued
to pursue. And unfortunately, the only way that we've been able to
Page 80
January 26, 1999
receive the majority of the information we had asked was from the
State Attorney's report.
COMMISSIONER CONSTANTINE: Madam Chairman?
CHAIRWOMAN MAC'KIE: I appreciate that.
You know what? This is not productive. And I ask, with the
Board's indulgence, unless we want to have -- if the majority of the
Board wants to have a total rehash of who did what, when, then we can
do that. At this point, I think the question is whether or not we
participate in the mediation.
COMMISSIONER CONSTANTINE: Madam Chairman, I think that your
point is a good one. And hopefully we've learned our lesson and
don't repeat some of the mistakes that were made in 1996 or 1997,
regardless of who made them.
But at this point, I think we all need to work together. I
think every single one of the people up here on this dais recognize
that there is some money owed to us and want to get that money back.
I think the clerk's office recognizes that there is some money owed
to Collier County and they want to get that money back. And since we
all want the same thing, regardless of how we got here, why don't we
all work together.
And I'll make a motion that we go ahead and send you, as our --
send our chairman as our representative to sit down at that mediation
agreement and participate in that discussion and provide back to us a
report following that. And if there is some sort of settlement
proposal, we can entertain it at that time.
COMMISSIONER NORRIS: I'll second that.
CHAIRWOMAN MAC'KIE: There's a motion and second.
All in favor, please, say aye.
COMMISSIONER CARTER: Aye.
COMMISSIONER CONSTANTINE: Aye.
COMMISSIONER NORRIS: Aye.
CHAIRWOMAN MAC'KIE: Aye.
Opposed?
COMMISSIONER BERRY: Aye.
CHAIRWOMAN MAC'KIE: Four to one.
Item #11B1
MR. DON ARNOLD RE RELOCATION OF EMPLOYEES OF THE SHERIFF'S OFFICE
Before our lunch break, why don't we take our public comment on
general topics. And than as much as I was hoping not to have --
unless the rest of you are willing to skip lunch. Do we have any public comment?
MR. FERNANDEZ: Yes, ma'am. Madam Chairwoman, we have three
public comments. The first is Donald L. Arnold, and the second is
Dean Arnold.
Page 81
January 26, 1999
CHAIRWOMAN MAC'KIE: Is that all right with the Board if we hear
public comment before we go to lunch?
COMMISSIONER NORRIS: You're the Chairman ~- Chairwoman, excuse
me.
CHAIRWOMAN MAC'KIE: Chairgirl.
Yes, sir.
MR. ARNOLD: Madam Chairwoman, Commissioners, for the record, my
name is Don Arnold, Arnold Development Companies, resident of Naples
for 40 years now.
And basically, we were at the meeting. The last meeting was
held and I got some misinformation saying that the project regarding
the space for the Sheriff's Office wasn't going to be brought up at
the last meeting.
CHAIRWOMAN MAC'KIE: Mr. Arnold, could I be so rude as to
interrupt you for a second? MR. ARNOLD: Sure.
CHAIRWOMAN MAC'KIE: Because there's some -- a lot of people
here from the public who I'd just thought it would be appropriate to
announce that after public comment, we're going to take a one-hour
lunch break. So if you're trying to schedule your participation, I
just wanted you to know that.
COMMISSIONER NORRIS: And if I may be so rude, may I ask our
county administrator, is Mr. Arnold's project going to come to us on
a future agenda?
MR. FERNANDEZ: Yes, it is.
COMMISSIONER NORRIS: Mr. Arnold, I really hate to go through
this issue twice.
MR. ARNOLD: Commissioner Norris --
COMMISSIONER NORRIS: I'm going to vote against you if you come
back, I'll tell you that, if you insist on doing it now.
CHAIRWOMAN MAC'KIE: John, that's not a good way to do a
decision.
MS. ARNOLD: It's not the fact on my insisting on doing it now.
It's basically it was brought to them last meeting that it was an
emergency and something had to be heard under emergency basis. And
we were never even considered as part of a proposal. There has been
a comparison.
COMMISSIONER NORRIS: You are now.
MR. ARNOLD: We are now.
COMMISSIONER NORRIS: So I'd rather not hear this issue today
and have to come back in two weeks and hear it again.
CHAIRWOMAN MAC'KIE: Although I'm troubled by why we have to
wait two weeks. I'm extremely troubled by why this isn't on today's
agenda, as we said it would be and as we expected it to be, when what
we're talking about is people who can't -- you know, this is the most
time sensitive issue we have.
Page 82
January 26, 1999
COMMISSIONER CONSTANTINE: Madam Chair, can I just suggest we
hear Mr. Arnold and give him his five minutes to hear what he has to
say. We've interrupted him at 20-second intervals now for --
MR. ARNOLD: We'll have to start back the five minutes.
CHAIRWOMAN MAC'KIE: Yes, you got it.
MR. ARNOLD: Thank you. Basically, what we propose is leasing a
facility to the county for the Sheriff's Office. We've -- we entered
into an agreement, non-binding, intent to lease signed September 2nd
after many, many months of negotiation with the real estate offices
of the county.
And then everything -- we could not get any communications of
anything going forward, so we kept saying -- we were aware that
there's this emergency out here to move as fast as possible, and we
keep asking everybody, why isn't anything happening?
And then at the last meeting that the county had, the County
Commissioners had, it was another project that we felt was a big
waste of money compared to what we were submitting was submitted and
recommended to the Commissioners, and it was to be brought up for
approval at this meeting.
I met with staff, met with all the Commissioners individually,
and we've pointed out that our proposal is cheaper. What we're
offering to do is lease to the county a facility of the number of
square feet that they would like to lease, you name the number of
square feet, for the length of term of lease that you would like to
lease it. If you choose to buy the facility, you may -- will enter
into an option to purchase after it's satisfied with the bid process.
You've got to satisfy the bid process, but we'll enter into an option
to purchase the facility.
We can have the facility ready in five months, from the time we
have the permits. If we could have the county's assistance in
getting rapid permitting, we could save that. The comparable Luria's
project, which has been out there, they say is available on our
comparison immediately, but it's two to three months, and I think
it's three months minimum. So there's about a two-month variation
between our project and the project that's going to spend close to a
million dollars, and then we'll throw that money away.
So we just feel that something's got to -- should come before
the Board and be heard. And I don't see why we have to go two more
weeks. Maybe I'm wrong. They can just have something else to talk
about then. But that's all have I to say.
CHAIRWOMAN MAC'KIE: Any questions, Commissioner?
COMMISSIONER CONSTANTINE: The reason we're going two more
weeks, it's not on today's agenda. And the agenda is approved first
thing in the morning and we don't add things in the middle of the
day.
MR. ARNOLD: But it was my understanding it was to be on the
agenda and it was pulled.
Page 83
January 26, 1999
COMMISSIONER CONSTANTINE: That's correct. I'm glad you
understood that in advance of the meeting so you weren't here for no
reason.
I'm just curious, realizing that, why -- I mean, if you have a
fair shake at the building. I know your concern before was there had
been some recommendation that it not even be considered. As long as
you're going to get a fair shake in the process, how much difference
can it possibly make to you if you're heard today or you're heard two
Tuesdays from now?
MR. ARNOLD: We're not talking about our concerns. I mean,
we're talking about the county has said that this is an emergency and
they should be hearing it. All of a sudden they say, well, there's
no emergency, don't hear it.
CHAIRWOMAN MAC'KIE: Why is that, Mr. Fernandez?
MR. ARNOLD: And that's my question.
MR. FERNANDEZ: Madam Chairman?
CHAIRWOMAN MAC'KIE: Please.
MR. FERNANDEZ: A couple of points I'd like to make in
addressing that question. The first is the meeting with Mr. Arnold
was essentially the primary reason why we sent the memo to you
indicating that we will not be placing this agenda on the item for
today's meeting. In that meeting, he changed some of the facts that
we had been dealing with at that time. And we needed the opportunity
to consider his revised proposal at that time.
What we reported to you at the last meeting was that we had
received information from the Sheriff's Office indicating that some
of the urgency that had earlier been conveyed had changed, and that
in fact there was the time to consider the Arnold proposal.
At the time, we were attempting to find the most expedient
solution to move the people out of Building A because of reports that
we had received about the urgency.
With Mr. Arnold changing his proposal regarding the time line,
he reported to us the five-month date that you heard today. We had
formally been working with a 10-month figure for construction for his
project. That considerably changed the proposal that we were looking
at.
CHAIRWOMAN MAC'KIE: You know, this is reminding me a lot of the
he said, she said on the last item. And maybe there's nothing to be
gained, Mr. Arnold, by our having this discussion today and let's be
back in two weeks and try to -- you know, because he's going to say
he didn't change things, you know, so why bother, let's do this in
two weeks.
COMMISSIONER CONSTANTINE: And you just said a moment ago, it
doesn't make any difference to you. So I don't understand why we're
sitting here talking 10 minutes now about why it's two weeks from now
instead of today. If it doesn't make any difference to you, why the
question?
Page 84
January 26, 1999
MR. ARNOLD: Thank you.
CHAIRWOMAN MAC'KIE: Thank you, sir.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: Mr. Ochs has some additional facts about the
facts that have changed since the last time we reported to the Board
on this, if you'd like to hear them.
CHAIRWOMAN MAC'KIE: Maybe we will get those between now and the
next meeting.
COMMISSIONER CARTER: Madam Chairwoman, I just want to make sure
we hear this in two weeks. Is that right, it will be on the agenda
in two weeks? We can deal with this and everybody will have their
day in court.
MR. FERNANDEZ: That's our plan, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Okay. Any other public comment? If not,
we --
MR. FERNANDEZ: Yes, Madam Chair.
CHAIRWOMAN MAC'KIE: Yes, sir.
Item #11B2
MARY DUNIVAN RE LETTER RELATING TO PLEDGE OF ALLEGIANCE TO THE FLAG
MR. FERNANDEZ: You have two other public speakers, Dean Arnold
and Mary Dunavan.
CHAIRWOMAN MAC'KIE: Mary, I apologize.
Thank you, Dean, and Mary, we'd love to hear from you.
MS. DUNAVAN: My name is Mary Dunavan. I'm here today speaking
for myself. And I have some letters to send around. This letter
that I'm sending you -- I was late this morning because of not being
able to -- I was late this morning because I was not able to find a
parking spot in the lot out here. I'm way out in the boondocks.
And so the letter I passed out to you has been in the MBN's
office, letter to the editor, for several weeks and they have not
acknowledged or are probably not going to publish it. So it's in
their lap again, because I mailed another copy. It is on "What Are
We, a Republic or a Democracy?" And the Differences Between a
Republic and a Democracy.
CHAIRWOMAN MAC'KIE: Ms. Dunavan, I'm going to ask -- you know,
we've always asked that the public comment section of our agenda be
used for items that are relevant to this Board of County
Commissioners' actions, and not just as a sort of forum for getting
public information out.
MS. DUNAVAN: Well, that's true.
CHAIRWOMAN MAC'KIE: Can you tell me how this relates to Collier
County?
Page 85
January 26, 1999
MS. DUNAVAN: It relates to a pledge of allegiance to the flag.
It says a republic. And I gave you this letter to give you the
difference of what a republic is or what a democracy is.
And the other question is, we have about -- I think about five
years ago, and I've been attending County Board meetings for about
five years. There was a temporary five-year gas tax, five cents.
Has something been --
COMMISSIONER CONSTANTINE: It's actually a 10-year. It's been
quoted in the newspaper and editorials several times as five years.
It was a 10-year.
MS. DUNAVAN: A 10-year one? Thank you.
And on the PGA and some of the rock problems on the beach, I
think you should question your staff as to how some of these problems
are coming from the staff. Because the rock problems on the beach,
somebody was there, they saw those rocks coming out. Did they report
it, who did they report it to and who is responsible? And that's the
same thing on PGA on spending out money. And I thank you. CHAIRWOMAN MAC'KIE: Thank you, Ms. Dunavan.
If there's no other public comment, we'll adjourn for an hour.
We'll be back at 1:30.
(Luncheon recess.)
Item #12B1
ORDINANCE 99-3 RE PETITION PUD-98-9, MARK W. MINOR OF Q. GRADY MINOR
& ASSOCIATES, REPRESENTING GLEN EDEN ON THE BAY LIMITED PARTNERSHIP,
REQUESTING A REZONE FROM ,,A" RURAL AGRICULTURE TO .PUD. PLANNED UNIT
DEVELOPMENT TO BE KNOW AS GLEN EDEN ON THE BAY FOR A MAXIMUM OF 94
SINGLE FAMILY DWELLING UNITS, FOR PROPERTY LOCATED ON THE WEST SIDE
OF VANDERBILT DRIVE (C.R.901) NORTH OF WIGGINS PASS ROAD - ADOPTED
CHAIRWOMAN MAC'KIE: Okay. You guys ready to get started again?
We'll call the meeting back to order.
Starting in the afternoon agenda, our first item is 12(B)(1),
Glen Eden on the Bay.
Mr. Nino, do we have somebody here to present this one? I guess
this is one where we'll need to swear in anybody who's wishing to be
heard on this petition. Please stand and raise your right hand and
the court reporter will swear you in.
(Speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: I don't have disclosure. If anyone does,
please speak up.
COMMISSIONER NORRIS: I do not.
COMMISSIONER BERRY: Nor do I.
CHAIRWOMAN MAC'KIE: Okay. Mr. Nino?
MR. NINO: The petition that's before you, the reason it's -- it
wasn't on your summary agenda is we were -- at the public hearing of
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January 26, 1999
the Planning Commission there were several people in attendance who
had indicated that when they purchased property in Emerald Bay, they
were advised that the property next door to them would never be
developed. So that's the upshot of the objections.
Otherwise, this is a pretty straightforward rezoning action, PUD
for 94 single-family homes between -- sandwiched between two projects
of much higher density than is proposed by this development. This
development would be 2.3 units per acre and about 40 percent of the
land will remain as open space.
Clearly, this plan -- this petition is consistent with all
elements of the Growth Management Plan. The Planning Commission were
unanimous in their support of the project. It represents, in most
people's opinions, the optimum type of development, i.e., single
family at a fairly low density.
CHAIRWOMAN MAC'KIE: Are any of the objectors present today? I
didn't see anyone stand to be sworn except for the two of you is my
reason for asking.
Do we have any registered speakers?
MR. FERNANDEZ: You have none, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Do we have any questions for the petitioner
or staff, or are we prepared to go forward?
COMMISSIONER CARTER: Just a question. All the wetlands
protection, Mr. Nino, has been taken into account?
MR. NINO: Taken into account, and the appropriate stipulations
are included in the PUD document relative to all those environmental
concerns.
COMMISSIONER CARTER: There's no boat dockage or anything that
goes out into a bay, is there?
MR. NINO: No, there isn't.
CHAIRWOMAN MAC'KIE: Petitioner is here. Does anybody have
questions for him, or should we close the public hearing?
Do you have anything you need to get on the record, Mark?
MR. MINOR: No, ma'am, I don't.
COMMISSIONER CONSTANTINE: Only 2.3 per acre. Close the public
hearing.
CHAIRWOMAN MAC'KIE: Okay, I'll close the public hearing. Do we
have a motion?
COMMISSIONER BERRY: Motion for approval.
COMMISSIONER NORRIS: Second.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Motion and a second. All in favor, please
say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Item #12B2 - Moved from Item #17D
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January 26, 1999
ORDINANCE NO. 99-4 RE PETITION PUD 89-23(1)-REZONING OF THE LAWMETKA
PLAZA PUD TO A NEW PUD HAVING THE EFFECT OF ADDING TO THE LIST OF
PERMITTED USES AND RELOCATING THE WETLAND PRESERVE FOR PROPERTY
LOCATED ON THE CORNER OF WIGGINS PASS ROAD AND US 41 - ADOPTED
Now, we go to 17(D), which is the Lawmetka Plaza PUD. That got
pulled by staff or by a Commissioner?
MR. BELLOWS: Swearing?
CHAIRWOMAN MAC'KIE: Yeah, we'll swear, but I wanted to know who
pulled it.
MR. BELLOWS: Staff pulled it.
CHAIRWOMAN MAC'KIE: Staff request? Okay.
So anybody who wants to be heard on this Lawmetka petition needs
to stand and raise their right hand and be sworn by the court
reporter, please.
(All speakers were duly sworn.}
CHAIRWOMAN MAC'KIE: I have some disclosure. I met with Mr.
Anderson and briefly with Mr. Varnadoe on this.
COMMISSIONER CARTER: Likewise.
COMMISSIONER BERRY: I met with Mr. Anderson on this particular
one.
COMMISSIONER NORRIS: Likewise.
COMMISSIONER CONSTANTINE: Yeah.
MR. BELLOWS: For the record, Ray Bellows.
As was mentioned, this item was pulled from the consent -- or
summary agenda. It was unanimously approved at Planning Commission.
The reason it was pulled is sometime after the Planning
Commission the residents said that the homeowners' association along
the northern property line met with the agent and their attorney and
worked out a few additional stipulations to be placed in the PUD
document. And as a matter of record, we had submitted them to you
earlier this morning.
CHAIRWOMAN MAC'KIE: Are there questions for staff or for the
petitioner?
Basically, this was pulled from summary just to get some
additional stipulations in favor of the neighborhood on the record.
COMMISSIONER CARTER: That's correct, Chairman Mac'Kie. I met
with that neighborhood association, along with the developers and the
attorneys, to hear their concerns, and there were some changes made.
They're now incorporated in that PUD. And to my knowledge, everyone
is very pleased with the outcome of that meeting.
And also, the developer has said that they will have briefing
sessions with the association as that project progresses.
CHAIRWOMAN MAC'KIE: Are there any registered speakers?
MR. FERNANDEZ: Yes, you have one. Mr. Simmons.
CHAIRWOMAN MAC'KIE: Mr. Simmons?
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January 26, 1999
MR. SIMMONS: I waive.
CHAIRWOMAN MAC'KIE: And he's indicated he waives his right.
If there are no others, I'll close the public hearing. Do we
have a motion?
COMMISSIONER NORRIS: Motion to approve.
CHAIRWOMAN MAC'KIE: Got a motion. Got a second?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Motion and a second.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: It passes 5-0.
Item #12B3 - Moved from Item #17A
ORDINANCE 99-5 RE PETITION PUD 98-12 REQUESTING A REZONE FROM "A"
RURAL AGRICULTURE TO PUD TO BE KNOWNAS FOUNTAIN PARK PUD LOCATED ON
THE WEST SIDE OF AIRPORT-PULLING ROAD SOUTH OF VANDERBILT BEACH ROAD
- ADOPTED
17(A) was -- 17(A)(3) was pulled, and it's the Fountain Park
PUD.
So anyone wishing to be heard on this item, please stand and
raise your right hand and be sworn by the court reporter. Please
stand and raise your right hand.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: I don't think I have any disclosure. If
anyone else does, please speak up.
COMMISSIONER CARTER: I do.
CHAIRWOMAN MAC'KIE: You spoke with?
COMMISSIONER CARTER: I spoke with the developer and with some
representatives of the homeowners' association. CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER NORRIS: And I had some conversation with the
developer's representative.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER BERRY: I don't recall whether I did or not. But
if I did, I'll disclose it.
CHAIRWOMAN MAC'KIE: Okay.
MR. BELLOWS: Before I begin, I would like to mention that Vince
Cautero would like to place something on the record. MR. CAUTERO: Vince Cautero, for the record.
Madam Chairwoman and Commissioners, for this particular
application, I am asking you to defer all questions to Bob Mulhere
that pertain to my division for this application. The reason is I
have a conflict of interest. I'm a resident of Emerald Lakes. I
rent my home; however, I am negotiating with the property owner to
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January 26, 1999
buy a home in that subdivision and I believe that the conflict of
interest is clear and that all decisions related to my division
should be addressed to Mr. Mulhere. Thank you. CHAIRWOMAN MAC'KIE: Thank you.
Was this a staff request to pull from the summary agenda, or how
did it get off?
MR. BELLOWS: I think it was pulled on the request of some
residents of Emerald Lakes who had some questions that weren't quite
resolved during the Planning Commission hearing.
Planning Commission hearing was unanimously approved; however,
subsequently to the Planning Commission there were some calls
received by staff concerning the access onto Emerald Lakes Drive.
It was explained to those individuals that the property owner
owns the access into Emerald Lakes Drive and was granted an easement
access into Emerald Lakes Drive. And through that agreement,
Planning Commission unanimously recommended approval. However, I
think they still have some question and concerns, and that's the
reason it was pulled.
COMMISSIONER CARTER: Do you have a visual to put up on that so
the rest of the Commissioners might see what we're referring to here
and how this affects that property? Thank you.
CHAIRWOMAN MAC'KIE: Actually, wouldn't the more telling one be
the site map that kind of shows us where Emerald Lakes is in
conjunction?
COMMISSIONER CARTER: Right, that's what I was looking for, the
site plan.
MR. BELLOWS: I have that, too.
CHAIRWOMAN MAC'KIE: The page before in our packet was probably
more helpful for me to orient with Emerald Lakes.
MR. BELLOWS: As you can see, the subject site is located to the
south of Walgreen's PUD. The entrance of Emerald Lakes comes up, and
right into the bottom line of the property, that has been granted an
access easement.
I also have Mr. Ed Kant, I believe is here, to answer any
particular transportation questions.
CHAIRWOMAN MAC'KIE: Okay. Well, perhaps we want to hear from
the petitioner at this point, if there's no objection. Please.
MR. McVICKER: Hi. Good afternoon. Kevin McVicker, Phoenix
Planning and Engineering.
As Ray had said, Fountain Park is a 10-acre project in the
activity center. It is bisected by Emerald Lakes. The southern end
is bisected by Emerald Lakes Drive, which is an easement, which has
been granted to Levitt Homes and its assignees. The easement does
allow for the developer to use it for access.
We have previously met with the homeowners' association and
their attorney, and there were a number of concerns brought up. And
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January 26, 1999
at that point, the developer addressed all these concerns and amended
the PUD accordingly.
We have had full -- we have had -- the Emerald Lakes Association
and the attorney, we have gotten a letter from him. And if you'd
like, I could read the portion of that.
CHAIRWOMAN MAC'KIE: Actually, I think we all have copies. This
is a letter dated yesterday from John Humphreyville?
MR. McVICKER: Yes, ma'am.
CHAIRWOMAN MAC'KIE: It does confirm that on behalf of Emerald
Lakes Residents' Association, Inc., which is -- they represent the
representative body of the Emerald Lakes community, that they support
the changes.
MR. McVICKER: Correct.
CHAIRWOMAN MAC'KIE: So maybe what we should do is go to the
public speakers and see what the problems are at this point.
Is that all right with you?
MR. McVICKER: Yes, ma'am.
MR. FERNANDEZ: Madam Chairman, you have six public speakers.
The first two are Victor H. Durler, and Forest H. Wainscott, II.
MR. DURLER: Commissioners, ladies and gentlemen, I'm going to
read this. I'm Victor Durler, a six-year condo resident at Emerald
Lakes, which comprise 380 condo units, 145 homes. That's roughly
1,050 residents.
We're accessed from Airport Road on our front, and Orange
Blossom Lane to the rear of our community.
For the past few years we have had increasing traffic density on
Airport Road, vehicular traffic barreling along at excessive speeds
north and south, giving us one devil of a time trying to get in and
out of our entranceway. The community across the lake, incidentally,
I think it's Piper's Cove, had the same problem.
In response to complaints to the state, the county, and
everybody else, we've been assured that with the installation of
traffic lights to our south at Orange Blossom Road, and another to
the north at Vanderbilt Road -- Beach Road extension, and with the
soon to be installed traffic light at our entrance, our problems,
along with the other community, would be eliminated.
To our dismay, we recently found that along with the new traffic
light we're getting, the strip mall development in the north, and I
guess it's this one that we're talking about, Fountain something plan
-- have obtained preliminary approval from the Planning Board to
access their tract with an additional entranceway breaking through
landscaping, trees, curbing, lawns, ostensibly, to make it easier for
northbound people to access their mall at the new light, rather than
having to proceed north just a few -- little bit further, turning at
the Vanderbilt light and coming down just a smidgen to their main
entranceway a few yards south on Airport Road.
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January 26, 1999
This added inconvenience -- or rather, this added convenience to
some, that's these northbound potential customers of the mall, I
submit is more than offset by the inconvenience and more importantly
the added traffic load with attendant peril that we, 1,050, plus all
the visitors that come to see us, our community is going to really
get it with the creation of a new entrance/exit that they want to
break through there.
I ask you folks, consider what's happening here and disapprove
this breakthrough into our entranceway. There are other ways.
And I would also direct your attention to the fact that people
come first, and let's not have any repetition of all of the problems
that we have over on the other coast with uncontrolled development,
developers first, people second. Thank you.
COMMISSIONER CONSTANTINE: Just by way of question, Emerald Lake
Drive is a private road; is that right? COMMISSIONER NORRIS: No.
COMMISSIONER CONSTANTINE: It has been dedicated public?
COMMISSIONER NORRIS: I'm not sure. Maybe Mr. Kant can answer
that one.
MR. KANT: Edward Kant, Transportation Services Director.
Emerald Lakes Drive is an easement granted by this property
owner who is making this petition to the developer of what is now the
Emerald Lakes PUD.
COMMISSIONER CONSTANTINE: But once you get into the PUD --
MR. KANT: That's all private, sir. There are no public roads
in there.
COMMISSIONER CONSTANTINE: I'm just thinking in terms of this
gentleman's concerns. If one of the things they could potentially
do, if they're concerned about traffic continuing to flow through
there, is gate that.
COMMISSIONER NORRIS: They could gate it.
MR. KANT: That is correct. I had occasion to be in that area
the other day and I noticed that they have already of their own
volition installed some speed bumps and some other traffic control
devices in the community.
COMMISSIONER CONSTANTINE: Probably a good idea.
CHAIRWOMAN MAC'KIE: Okay. We'll hear from the next speaker.
MR. FERNANDEZ: The next two speakers are Forest H. Wainscott,
II, and Joan M. Scariati.
MR. WAINSCOTT: Commissioners, my name is Forest Wainscott, and
I'm a resident of Emerald Lakes.
I'd like to go back to a little history. On July 5th, 1998, an
easement was purchased from the present property owners there, a
Christopher Smith's trustee of a land trust at Emerald Lakes, and I'd
like to read from this.
It says, Grantor hereby grants, sells and conveys to grantee a
perpetual easement and right-of-way upon and across lands owned by
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January 26, 1999
the grantor, as described in Exhibit C, which easement and right-of-
way shall be used for the purpose of providing pedestrian and
vehicular ingress and egress to and from the paved highway located
east of grantor's property known as Airport Pulling Road, and the
property of the grantee.
And then it goes on to say that, you know, in addition, this
easement and right-of-way shall be used for the purpose of placing,
constructing, operating, repairing, maintaining, rebuilding, removing
landscaping and signage and so on.
Now, in -- this easement was developed by our community. I
mean, it's been paved, landscaped, lighted. It's watered and
maintained by Emerald Lakes as a residential road into and through
our community.
In 1998, the parcel to the south of the entrance was developed
by Marriott as Brighton Gardens, also a residential community and
compatible with what we thought was the general plan for that area.
Now there's a proposal before you to develop the parcel adjacent
to us on the north of Airport Road as a strip-type shopping center
with a restaurant, a bank, an office building and a strip-type mall.
And it's a matter of opinion, but I don't think that proposal was
exactly in keeping with the -- what we thought would be the use of
that land.
Additionally, Fountain Park has proposed and county planning has
approved an entrance and exit from Fountain Park into Emerald Lakes
Drive, thus making our residential road a commercial entrance and
exit. And the principal -- well, I said a principal entrance and
exit from the proposed commercial development.
To make matters worse in terms of traffic and noise, a similar
commercial access is in progress across Airport Road on the other
side of the street into Piper's Grove, which had a similar easement
to ours to allow access into the public shopping center on the other
side.
So what's going to happen now is Emerald Lakes Drive and Piper's
Grove are going to be the principal route across Airport Road between
the two shopping areas on either side, and not something that we're
looking forward to, and not what we had in mind when we purchased our
homes.
And I'd like to strongly ask the Commissioners to consider the
proposed development in light of this, and ask the Planning Board to
revisit the proposal.
Another comment. Notice of the hearing before the Planning
Board was mailed to the Emerald Lakes Master Association Manager on
the 25th of November, the day before Thanksgiving. The manager
received it a few days later and forwarded it to Emerald Lakes Master
Association President on December 2nd, with the comment that we might
be interested in it.
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January 26, 1999
The notice indicated that the Planning Board was scheduled for
December 17th, only two weeks away. Our president called Planning
Board and requested a delay in the hearing so that we would have time
to notify all the members of our association, or our residents,
because at this time of the year, just before Christmas, a large
majority are not there.
They notified us that they couldn't do this because they were on
a schedule and they had to keep to it. So I don't really feel like
due process has been served in this case. And I'd ask you to
consider that.
COMMISSIONER CONSTANTINE: I guess in fairness, though, it's
been a couple of months to the day, if that was mailed November 25th,
I guess on the -- even more than that, then to this meeting, though,
so there has certainly been adequate time.
My understanding is also, at least it was represented, and maybe
you can tell me if this isn't true, it was represented to me that the
folks who were developing this have met in that time frame with the
homeowners' group in your area.
MR. WAINSCOTT: They met with our president and our attorney,
that's correct.
Notice was given to the residents of the community by publishing
a notice on our clubhouse bulletin board. I mean, that was -- that
was the way we were notified.
CHAIRWOMAN MAC'KIE: Are you a member of the Emerald Lakes
Residents' Association, Inc.?
MR. WAINSCOTT: I am a member of the homeowners' board, yes.
But I'm really speaking for myself.
CHAIRWOMAN MAC'KIE: I see. Because my question, do you have
any reason to doubt the lawyer's letter that says that the
association doesn't object or, in fact, supports, is what it says.
Are you representing a minority view or your own individual view?
MR. WAINSCOTT: I'm representing only my own view, that's
correct.
CHAIRWOMAN MAC'KIE: I see. I just wanted to be sure that you
didn't think that there was nothing untrue about this letter.
MR. WAINSCOTT: No, there's nothing untrue about the letter.
COMMISSIONER CONSTANTINE: You made one other point, you said it
wasn't what you thought -- or speaking of you, quote, it wasn't what
we thought would be the use of that land. And I'm wondering, what
did we anticipate? This land had to have some zoning and some
anticipation for the planning.
MR. BELLOWS: It's been located within an activity center. And
before it became an activity center, with the completion of
Vanderbilt Beach Road, designated on a future land use map as a
future activity center for commercial uses.
COMMISSIONER NORRIS: At the time of the approval of the Emerald
Lakes PUD, was it an activity center at that time?
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January 26, 1999
CHAIRWOMAN MAC'KIE: Future.
MR. BELLOWS: Future activity center.
COMMISSIONER NORRIS: But it was designated as future activity
center.
MR. BELLOWS: That's correct.
COMMISSIONER CONSTANTINE: I guess what's frustrating for us is
obviously we have no idea what any realtor or anyone else told you.
Hopefully no one misrepresented anything.
MR. WAINSCOTT: No, I'm not saying that anybody misrepresented.
My major concern is the fact that our road is now the primary access
road from two major shopping areas, or will be the access road across
Airport Road between two major shopping centers.
COMMISSIONER CONSTANTINE: Mr. Kant, I'm not sure, I had this
question the other day when I was meeting with Piper's Grove. Is
that scheduled to be closed off at some point when we six-lane, or is
that scheduled to have a traffic signal at that intersection?
MR. KANT: Edward Kant, Transportation Services Director.
You're referring to the intersection of Emerald Lakes and
Piper's Grove -- or Groves Boulevard and Airport Road? COMMISSIONER CONSTANTINE: And Airport Road.
MR. KANT: Our present plans are to have a traffic signal
installed there when Airport Road is six-laned, that's correct. We
have been -- I think about this time last year I spoke with the
homeowners' association there. I think I'm scheduled to go back next
month. Same message, same question.
COMMISSIONER CONSTANTINE: The time line on six-laning that is?
MR. KANT: That's not until fiscal year 01.
MR. WAINSCOTT: Is it an eight-way light or just a two-way
light?
MR. KANT: All four approaches will be signal controlled. I'm
not sure what you're referring to, but all the approaches will be
signal controlled.
MR. WAINSCOTT: Because we have a lot of difficulty because
Piper's Grove wants to go across to enter the community or to left or
to the right --
MR. KANT: I would also like the record to reflect that I don't
believe that I or any of my staff said that all of their problems
would be eliminated. I believe we said that they probably see a
substantial improvement in the traffic flow. CHAIRWOMAN MAC'KIE: Sure.
COMMISSIONER CARTER: Well, the question I have, is this only --
this is going to be through traffic, or are we going to be able to go
right, left, and only right-left out of these respective --
MR. KANT: No, sir. If we signalize that intersection that will
be a fully unconstrained intersection like any other signalized
intersection. It lies a little over a quarter of a mile south of
Vanderbilt Beach. It will serve this development. It will serve
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January 26, 1999
anything that is off of this entrance road. It will also serve the
new development across the way, which is off of Groves Road.
Also, for the record, I might remind the Board that the first
400 feet of Groves Road was platted as a public road; although, there
is an agreement for the homeowners on that side of the road to do the
landscaping and typically the improvements.
COMMISSIONER CARTER: So to stop the traffic through this
community, what I'm understanding is that they have a right to gate
it, and, therefore, that would stop this process and the traffic
would flow into the shopping center and out of it, but would not flow
back through into your community unless you chose not to gate it.
COMMISSIONER NORRIS: That's a bad situation out there.
MR. KANT: And I might point out again, Commissioner, that as I
said, I had occasion yesterday morning, as a matter of fact, to be in
that area. And it's possible that somebody might exit this proposed
shopping center, Fountain Park shopping area, and attempt to get to
Orange Blossom via the internal roadways. And I think they'd only
try that once.
CHAIRWOMAN MAC'KIE: I agree.
COMMISSIONER CARTER: So the traffic control devices, in your
judgment, would detour people from going there?
MR. KANT: It would certainly detour people, I think again, that
were not familiar with the area. And frankly, people unfamiliar with
the area, if you have had occasion to drive in there, it's very
lushly landscaped, and there's no mistaking that you're going into an
area that's not a through area, in my opinion. COMMISSIONER CARTER: Thank you.
CHAIRWOMAN MAC'KIE: Any other questions for the speaker?
MR. WAINSCOTT: I might comment that when Brighton Gardens was
developed, they initially found it more convenient to run their
shuttle bus down through Orange Blossom and through our community and
around the corner to their development until we asked them to do
otherwise.
COMMISSIONER NORRIS: I think once again, sir, the point is that
you have the ability as a community to shut that off, if that's what
you want to do.
CHAIRWOMAN MAC'KIE: It's your road.
COMMISSIONER NORRIS: But you need to take that up with your
homeowners' association, not us. Those are privately owned roads.
Your association owns those.
CHAIRWOMAN MAC'KIE: Thank you.
Can we hear from the next speaker?
MR. FERNANDEZ: Next speaker is Joan M. Scariati, and then
Phyllis Jellison.
MS. JELLISON: Good afternoon.
CHAIRWOMAN MAC'KIE: Good afternoon.
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January 26, 1999
MS. JELLISON: I'm Phyllis Jellison, and I have a letter from
Joan. She had to leave, so she asked me if it would be all right to
read it.
CHAIRWOMAN MAC'KIE: Sure.
MS. JELLISON: Madam Chairman, County Commissioners, my name is
Joan Scariati, and I've been asked to serve as a spokesperson for
individuals present today and those who inadvertently attended the
Commissioners' meeting of the 12th. We have come to present our
concerns regarding one aspect of the Fountain Park development plan.
As residents of Emerald Lakes, we are aware of the meetings held
between the representative association and the developers in their
ensuing agreements. We appreciate their efforts, but feel that they
did not go far enough to ensure the safety of a community of over
1,200 residents.
May we direct your attention to the proposed curb cut at the
south end of Fountain Park Lane, intersecting the north side of
Emerald Lakes Drive, the major entrance to Emerald Lakes.
Development of an egress/ingress at this location will disrupt
an existing bicycle sidewalk district certain to be used by on-site
residents, many of which are senior citizens, to access the activity
centers in progress at Vanderbilt Beach and Airport Pulling's Road
and create a new internal hazardous intersection.
It has been implied that this entry is needed to accommodate a
corner banking facility proposed with only 33 parking spaces. We are
all aware of the services offered by banking institutions and the
volume of activity they can generate, especially on payday.
Directly to the north of this parcel is a proposed restaurant
with 103 parking spaces, and to the west a proposed 2,000-square-foot
retail establishment with 76 parking spaces, all of which are subject
to high turnover traffic volumes, and all of which spill out onto
Fountain Park Lane, affording direct access to the new intersection.
With the installation of a traffic light at Emerald Lakes Drive
and Airport Pulling's Road can we really believe that residents will
only be competing with banking vehicles using the proposed new curb
cut at this location? And when traffic builds up, does anyone doubt
that right turns by impatient drivers seeking alternative exits will
not become a real threat to the residential community? Is it
difficult to envision residents and/or guests turning into Emerald
Lakes Drive, confronting the broadside of a vehicle or two,
stretching across lanes, or blocking the island awaiting exit onto
Airport Pulling's Road? What about the rear-end pileup that could
occur when the aforementioned circumstances warrant short stops?
No one believes in the tooth fairy anymore and we feel we have
an obligation to question the wisdom of accommodating commercial
convenience over the safety and well-being of human life. And that's
what this is really all about, our lives.
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January 26, 1999
On the site development plan, the Fountain Park PUD identifies a
billboard island entry just north of the restaurant with a left turn
access onto Fountain Park Lane, and ingress/egress cuts at each of
the establishments mentioned. Would it be impractical to suggest an
on-site controlled traffic flow?
The traffic light holding and turn patterns at Vanderbilt Beach
Road may require some timing adjustment with a "no turn on right"
signing to afford Fountain Park traffic a safe exit.
Northbound traffic on Airport Pulling's Road could be
accommodated via the Walgreen PUD access on Vanderbilt Beach Road,
west of Airport Pulling's Road, and then through the infrastructure
roadways which link with Fountain Park, or via a U-turn on the left
turn signal at Vanderbilt Beach and Airport Pulling's Road.
Since there appear to be other alternatives, we implore you not
to wait for the first fatality to recognize the circumstances
surrounding, quote, that accident waiting to happen, unquote, but to
have the farsightedness to address the valid arguments presented
which are in the safety and best interests of your constituents.
Thank you, Joan M. Scariati.
COMMISSIONER CONSTANTINE: I've got to respond to that. First
and foremost, and I realize that you didn't write that, but I take a
little offense at the suggestion that we're somehow favoring
commercial development over the safety and welfare of residents,
because that's not the case whatsoever. We can respond, and maybe we
should take the time to.
But as far as safety issues, by having more curb cuts, more cuts
and more traffic coming on and off Airport Road, you are creating a
more dangerous situation, not a safer one. So if you have an
entrance where you are now and another one just north of that coming
into this community, you're not creating a safer situation, you're
creating one that's not as safe.
There is some engineering to this. There's a reason why. And
it's not the least bit unusual. If you go around the community,
whether it's across the street to Piper's Grove or you go over to
Vineyards and look at the entrance there, the commercial, you go in
the roads to go towards Vineyards and then turn into their commercial
property.
If you go up to Pelican Strand, you go in the commercial -- I'm
sorry, the residential road and take a right into the commercial
property or continue on. So it's not unusual at all. It is good
planning, rather than having several cuts onto the roadway up and
down a major thoroughfare.
MS. JELLISON: I would like to ask a question of the developer,
or someone, the engineer, or somebody who is working on this.
CHAIRWOMAN MAC'KIE: Ma'am -- actually, ma'am, if you will
direct questions to us, then we can --
Page 98
January 26, 1999
MS. JELLISON: Okay. My question is, is the Walgreen entrance
available to use for the strip mall? This is the entrance on
Vanderbilt.
CHAIRWOMAN MAC'KIE: Okay. And --
COMMISSIONER BERRY: In other words, is there an interconnect,
is that what your --
MS. JELLISON: Right.
CHAIRWOMAN MAC'KIE: And there is, I believe.
COMMISSIONER CONSTANTINE: I believe there is.
MR. BELLOWS: Right here, the northern -- north corner of the
site, there's an interconnection with the Walgreen's PUD.
CHAIRWOMAN MAC'KIE: So the answer is yes, ma'am.
MS. JELLISON: Okay. So if there is another way into the strip
mall which is, by most comparisons, a small mall, why couldn't there
just be this one entrance/exit into the area? And then --
COMMISSIONER CONSTANTINE: Your suggestion then, if I was
driving north on Airport Road and wanted to access this strip mall,
is I would turn west on Vanderbilt --
MS. JELLISON: On Vanderbilt and access it there.
COMMISSIONER CONSTANTINE: -- turn down into Walgreen's, drive
behind the store and then drive into this -- MS. JELLISON: Behind the store?
COMMISSIONER CONSTANTINE: Behind Walgreen's and then into this
complex?
MS. JELLISON: Well --
COMMISSIONER CONSTANTINE: I don't think, A, that's fair to the
owner of the property who, frankly, owns the land on which your road
is on. You're asking him not to use his own property because you
want to use it. And two, it's not really commercially viable. I
don't think if a person wants to use the services in that area,
they're going to do loop-de-loop just to get in there.
MS. JELLISON: You don't think it's a possibility that we could
have another access besides the one that we have on Airport? You
were objecting to this creating more of a traffic hazard to have
another access. There's already a cut in there. There is already a
road --
COMMISSIONER NORRIS: Could I ask that we --
MS. JELLISON: -- next to our road.
COMMISSIONER NORRIS: Excuse me, ma'am. Could I ask that we
hold our speakers to their allotted five minutes, please?
CHAIRWOMAN MAC'KIE: I did.
MS. JELLISON: I'm the next speaker.
COMMISSIONER NORRIS: Well, you don't get a double dip. I'm
sorry. You read the letter and took your five minutes and --
MS. JELLISON: I have another letter here and I have already
signed up to read this letter from Mr. and Mrs. Kenneth Lane who
could not be here.
Page 99
January 26, 1999
COMMISSIONER NORRIS: You had your five minutes and several
more.
CHAIRWOMAN MAC'KIE: Could you very quickly tell us what if
anything you have to say that's different from the letter, or do you
just want to say that you support the positions espoused in the
letter?
MS. JELLISON: May I leave the letter with you and you may --
CHAIRWOMAN MAC'KIE: Yes, ma'am.
MS. JELLISON: -- refer to it later?
CHAIRWOMAN MAC'KIE: Thank you so much.
MR. FERNANDEZ: Next speaker is Charles A. Jellison.
CHAIRWOMAN MAC'KIE: Followed by?
MR. FERNANDEZ: He's the final speaker.
MR. JELLISON: How much time do I have, please?
CHAIRWOMAN MAC'KIE: Could you come to the microphone, please,
sir.
You have five minutes and there will be a timer there.
MR. JELLISON: Five minutes, thank you.
CHAIRWOMAN MAC'KIE: You're welcome.
MR. JELLISON: Since talking with --
CHAIRWOMAN MAC'KIE: You want to identify yourself for the
record, please, sir.
MR. JELLISON: I'm sorry. Charles Jellison. I'm a resident of
Emerald Lakes community. I'm also the husband of the former speaker.
Perhaps I'd like to clarify some of the things that have come up
here, if I could. And for those of you who aren't familiar with the
geography of the location, it's rather hard to describe. But what we
have now -- what my wife is suggesting is that instead of the
northbound traffic or indeed the southbound traffic going into the
mall along our easement, Emerald Lakes easement, that an in-and-out
approach and egress to the Walgreen's plus strip mall complex could
be had by simply opening the Vanderbilt entrance, have the traffic go
in that way and come out onto Airport in that cut that's already
there.
Now, that cut is only about 50 yards north of our Emerald Lakes
easement. If that Emerald Lakes easement is allowed to be a
commercial ingress/egress, we're going to have a terribly complicated
hazard, a potentially dangerous one.
I'd like you to try to visualize what the traffic coming out of
that strip mall will be like. It will have to cut over the ingress
half of our easement to the other side if it's going to go out onto
Airport. There's going to have to be a light there. It seems to me
there will have to be a light there because the traffic coming out of
the strip mall is going to have to cross over the incoming dual lane
in order to take a left to get to Airport.
What they're going to do, of course, in many cases, as somebody
suggested, is simply say, oh, why wait, why put up with this
Page 100
January 26, 1999
congestion? Let's just turn to the right here and zoom through
Emerald Lakes community over to Orange Blossom.
COMMISSIONER CONSTANTINE: Which again, you have the ability to
remedy.
MR. JELLISON: Yes, but you should not force us. You should not
put us -- they should not put us in a position of having to erect a
gate. That's something they should not do, unless they're willing to
pay for it.
CHAIRWOMAN MAC'KIE: Except for that he owns the road that he
seeks to use.
COMMISSIONER NORRIS: It's his property.
CHAIRWOMAN MAC'KIE: He owns it.
MR. JELLISON: Well, he owns the road, but if he directs
traffic, if he shunts traffic through our community, it seems to me
that he's really infringing upon our rights, is he not?
CHAIRWOMAN MAC'KIE: Well, I can't honestly say that I agree
with you on that. I understand your point, and I can see that you're
frustrated by it. But it also appears that a majority of your
homeowners' association don't agree with you because your attorney
has indicated support.
MR. JELLISON: May I speak to that, please?
CHAIRWOMAN MAC'KIE: Certainly.
MR. JELLISON: Five minutes is nothing. I have a lot to say.
But I'm not blaming the association. These are volunteer
workers and they're doing a good job. But this was a terrible job of
communicating this information to us. We didn't know about it. 90
percent of that community hadn't heard about this until a month ago.
We were surprised. We sent around circulars about three weeks ago.
Nobody has heard about this. This was something that a special
meeting should have been held about. We should have been informed on
it, but we weren't.
And we were then told at the next association meeting that our
offices, three out of the seven board members had signed off. Signed
off for whom? We didn't know about this. They didn't sign off for
us, they signed off for themselves.
And I put it to you, that nobody has a right to sign off on the
public safety or the public interest except you people. You are the
people who have a right to sign off. This has not been passed. This
should not be passed. In New England, where I come from, the only
reason --
COMMISSIONER NORRIS: That's the wrong thing to say, pal, I hate
to tell you.
MR. JELLISON: -- the only reason for offering a variance is
some compelling need. There was some reason why that was zoned. And
in order to change that reason, in order to change the zoning, there
has to be some what we call a compelling reason. What is the
compelling reason for the --
Page 101
.January 26, 1999
CHAIRWOMAN MAC'KIE: Sir, the rezone here is to a much, much
lower impact to your neighborhood than is available to this property
owner by virtue of being in an activity center.
MR. JELLISON: My question is, is the compelling need yet
another shopping mall in North Naples?
CHAIRWOMAN MAC'KIE: Sir, let me to try to answer your question.
And then -- I apologize, but your time is up.
But the answer to the question is, you are in fact getting less
of a rezone, less of an impact than you should have known might be
coming by virtue of the fact that this is in an activity center.
This is very much --
COMMISSIONER CONSTANTINE: If they didn't make the change, it
could be a considerably more offensive --
MR. JELLISON: Well, I don't doubt that, but I'm questioning the
reason for any change at all.
CHAIRWOMAN MAC'KIE: Because he owns the property and he has the
right to use it.
COMMISSIONER BERRY: He owns the property.
CHAIRWOMAN MAC'KIE: He owns the property. He has a reasonable
right to use it. That's why.
MR. JELLISON: But when he bought the property, he bought it as
an agricultural property.
CHAIRWOMAN MAC'KIE: Located within an activity center. And
that has a meaning. And it may not be in New England, but here in
Florida under the comprehensive plan, the Future Land Use Map has
some real significance in addition to the zoning regulations, so
maybe that's the piece that is not the same as from where you came.
COMMISSIONER CONSTANTINE: And I think if you're going to be
reasonable when you ask, you know, what's reasonable, what's rational
here, to have a piece of property fronting on a major roadway in the
community and suggest that you couldn't use that for commercial,
probably isn't realistic.
And further to suggest -- if you could put the map back again,
please. To suggest that you have property fronting on a major
roadway but that you should have no access from that roadway, and
your only access should be from a roadway where you can't even see
the property, simply doesn't make sense.
MR. JELLISON: Excuse me, I don't think that you quite
understand, Commissioner.
COMMISSIONER CONSTANTINE: I understand crystal clear, thank
you.
MR. JELLISON: There is an access now. There is an access
available on Airport 50 yards north of our access. It's there.
CHAIRWOMAN MAC'KIE: Thank you, sir. We appreciate you
participating.
Are there any other public speakers?
MR. FERNANDEZ: None.
Page 102
January 26, 1999
CHAIRWOMAN MAC'KIE: If not, I'll close the public hearing.
Is there discussion on the Board?
COMMISSIONER CARTER: Commissioner Mac'Kie, let me come back to
that point. Please leave the map up there.
CHAIRWOMAN MAC'KIE: He's so anxious to take the map down.
COMMISSIONER CARTER: No, bring it back over here, please.
Thank you.
We have an exit coming out onto Airport Pulling that's being
proposed. Are you telling me 50 yards north, there will be another
one entering and exiting Walgreen PUD?
CHAIRWOMAN MAC'KIE: Mr. Kant?
COMMISSIONER CARTER: Can't be.
MR. KANT: Edward Kant, Transportation Services Director.
Yes, sir, the Walgreen's PUD has an access on -- a right-in,
right-out onto Airport Road. I can't tell you that's 50 feet or 50
yards. I don't know. I know that they do have one access along
their frontage somewhere.
CHAIRWOMAN MAC'KIE: But not a full median --
MR. KANT: Oh, no, ma'am.
CHAIRWOMAN MAC'KIE: -- intersection, just a right-in, right-
out?
MR. KANT: Right-in, right-out.
COMMISSIONER CARTER: Right-in or right-out, okay.
COMMISSIONER BERRY: In other words, if you're southbound, you'd
have the opportunity to turn into Walgreen's off of Airport Road.
You wouldn't have -- and if you were northbound, you would have to go
up to --
COMMISSIONER CARTER: To Vanderbilt, take a left, and come back
in there.
COMMISSIONER BERRY: Exactly.
MR. KANT: It would not require a U-turn. They have their main
access on Vanderbilt Beach.
COMMISSIONER BERRY: Okay.
COMMISSIONER CARTER: Okay. That would create gridlock if we
had the situation where you could do everything you wanted to do on
Airport, rights, lefts.
COMMISSIONER CONSTANTINE: You don't want a curb cut every 150
feet.
MR. KANT: No, sir. Our access management policy which we
enacted in 1992 was specifically to help us preserve capacity on the
arterials.
COMMISSIONER CARTER: I understand the rationale. I think I've
heard everything that was said here, and I understand the concern of
the Emerald Lakes citizens; however, I have to come back, which has
been said several times here, you do have control over your own
community. You do have a right to block that.
Page 103
January 26, 1999
This piece of property here, that owner has the right to develop
that property. He has the right to do it. And the plans that I've
seen, the conversations that I've had with him, he wants to make this
a very, very premiere development. He is not trying to just do this
any old slip-sod way. In fact, he is looking to go way beyond our
codes in trying to develop this as a design point.
I would encourage you to work with him, as your homeowners'
association has, if you have any other concerns, because in a lot of
ways this could be an enhancement to your community for people to
ride a bicycle up, to stop there and go in and shop and do whatever
that they want to do.
I don't see any other alternatives to the traffic. If there was
another way out of it, that would be fine. I don't see any. I don't
hear any. And Mr. Kant has not given me any other opportunities.
And they have the right to develop the project.
I move that we accept the project, even though it's in my
district and I've got some people who are unhappy with it. I still
have to say, based on everything that I've heard from everybody,
there's only a small proportion of people who are very unhappy with
it. And what I'm hearing is we don't want anything there. That's not
possible, folks.
COMMISSIONER CONSTANTINE: I'll second the motion.
CHAIRWOMAN MAC'KIE: The motion is seconded.
Commissioner Berry?
COMMISSIONER BERRY: I've just got a comment, that I would also
think that the residents of Emerald Lake need to look at the fact
that you would be able to access across the street, which is going to
be a grocery store. You're going to have a light to get across from
where you live over to that grocery store, which should cut down on
trips on our roadways again.
And we've been trying to accomplish this kind of thing to keep
the short-term trips, and this ought to keep that amount of them
down. And it ought to be beneficial to your community. You're going
to have a light access to go across to the grocery store. We look at
those kinds of things. But if you thought that you were moving into
a quiet neighborhood, you moved on Airport Road, wrong place.
COMMISSIONER NORRIS: Not to mention the argument that we have
an easement over this man's property; therefore, he shouldn't be able
to use his property. That's not a very good argument.
CHAIRWOMAN MAC'KIE: Okay. Well, we have a motion and a second
on the floor. If there's no further discussion, I'll call the
question.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes, 5-0.
Page 104
January 26, 1999
Item #13A1
RESOLUTION 99-84 PETITION CU-98-22 EMILIO J. ROBAU, P.E. OF RWA, INC.
REPRESENTING HIDEOUT GOLF CLUB LTD., REQUESTING CONDITIONAL USE .17.
OF THE AGRICULTURAL "A" ZONING DISTRICT PER SECTION 2.2.2.3 OF THE
LAND DEVELOPMENT CODE FOR A PRIVATE GOLF COURSE, CLUB HOUSE AND
DRIVING RANGE FACILITY FOR PROPERTY LOCATED ON BRANTLEY BOULEVARD,
EAST OF GOLDEN GATE CANAL - ADOPTED WITH CHANGES
We'll move on now under board of zoning appeals to the first
advertised public hearing. There is a conditional use for Hideout
Golf Club, Ltd. Conditional Use 17.
Is this an item, Mr. Weigel, where we swear the speakers?
MR. WEIGEL: Yes.
CHAIRWOMAN MAC'KIE: Is it?
MR. WEIGEL: Yes, it is.
CHAIRWOMAN MAC'KIE: So everyone who wants to be heard on this
item, please stand and raise your right hand.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: And I have no disclosure. If anyone does,
please speak up.
COMMISSIONER CARTER: I have.
COMMISSIONER NORRIS: I have had brief discussion with the
developer's representative.
COMMISSIONER CONSTANTINE: As have I.
COMMISSIONER BERRY: I've had discussion with the petitioner as
well.
CHAIRWOMAN MAC'KIE: Okay. And as I understand it, this is an
item that doesn't have the opportunity to appear on the summary
agenda because of the nature of it being the Board of Zoning Appeals;
is that correct?
MS. MURRAY: No, ma'am, that's incorrect. This petition could
have been on the summary agenda; however, it was just last heard at
last Thursday's Planning Commission meeting. So logistically there
wasn't time to put it on the summary agenda, but it was eligible.
COMMISSIONER CONSTANTINE: Meaning there was no objection.
MS. MURRAY: No objection, and unanimous approval by the
Planning Commission.
CHAIRWOMAN MAC'KIE: So maybe the most efficient way to handle
it would be if there are questions for staff?
COMMISSIONER BERRY: Just reading over this letter.
Mr. Archer, were you sworn in?
MR. ARCHER: No, I wasn't.
COMMISSIONER NORRIS: Were you sworn at?
COMMISSIONER BERRY: Haven't we all?
Do you want to swear him in, because I want to ask him a
question.
Page 105
January 26, 1999
CHAIRWOMAN MAC'KIE: If you would, just raise your right hand as
you come forward.
Madam Court Reporter?
(Speaker was duly sworn.)
COMMISSIONER BERRY: Last week when you were in and we visited
about this project, on this exhibit that we got today, I'm not sure
if you're aware of it, but it says restaurant size shall be limited
to a maximum seating capacity of 150 seats and shall serve patrons
not later than 10:00 p.m. I believe I was told that there would not
be any dinner service, any of this kind of operation taking place.
MR. ARCHER: You were --
CHAIRWOMAN MAC'KIE: Would you identify yourself for the record,
please.
MR. ARCHER: My name is Terry Archer.
COMMISSIONER BERRY: Okay. I'm just concerned about this,
because it was said to me that there would not be -- this was going
to be more of a daytime kind of operation, there would be no dinners
served, this type of thing. I just have a question, that's all.
COMMISSIONER NORRIS: Could I point out --
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: -- that in the summertime it doesn't get
dark till almost 9:00, and then by the time you change shoes and have
a beer and go home, it might be close to 10:00. MS. MURP~AY: Madam Chairman?
COMMISSIONER BERRY: I don't care. I was told one thing and I'm
reading on the paper something else. That's all.
CHAIRWOMAN MAC'KIE: Maybe our staff could explain that to us.
MS. MURRAY: I can -- Susan Murray for the record. I can
enlighten you a little bit on that.
That stipulation is a typical stipulation found in the golf
course zoning district. And that's -- although this is not a golf
course zoned district, it is very similar. It's a use that's
permitted in that district. Therefore, we applied many of the
conditions of that district to this project in order to be
consistent.
I'm sure if your concern is the late hour, the petitioner, if
they were willing to reduce that, you certainly have that
opportunity.
COMMISSIONER BERRY: No, it's just I was told one thing and I
read something else.
COMMISSIONER CONSTANTINE: What changed in between?
COMMISSIONER BERRY: I want them to clarify it.
COMMISSIONER CONSTANTINE: I had the same thought. Perhaps we
could get an answer.
CHAIRWOMAN MAC'KIE: Mr. Archer?
COMMISSIONER BERRY: I think I will need to get on the same page
here.
Page 106
January 26, 1999
MR. ROBAU: Yes, for the record, my name is Emilio Robau, RWA.
I represent the petitioner, Mr. Archer, Hideout Golf Club, Ltd.
And I think what's happened here is Susan and I had a discussion
regarding the other uses that we wanted in here, which were the exact
same type of uses in the golf course zoning. And we took it straight
out of the zoning regulations, essentially.
But the petitioner has indicated to me that there is no
nighttime activities, that was just, if anything, my error in just
copying the standard verbiage there and working with staff to try to
get this in.
So that's their clarification, there won't be any nighttime
activities. But Mr. Norris has indicated that there is late -- about
9:00, 9:30, I guess when it gets dark in the summertime, but there's
no intent to have nighttime activities out here.
COMMISSIONER BERRY: At that point in time, you all would be
carried away by mosquitoes out there. I don't think that you would
be lingering.
MR. ROBAU: Is that clear, Susan?
MS. MURRAY: That's clear. And they did state that for the
record at the Planning Commission meeting. Perhaps we could go to
9:00 p.m., if that's still a concern and they're willing to do that.
COMMISSIONER BERRY: How about dusk, sundown?
CHAIRWOMAN MAC'KIE: Makes a lot more sense than -- or an hour
after dusk?
COMMISSIONER CONSTANTINE: Hour after sunset.
MR. ROBAU: Yes, I'm getting a headshake that that would be --
CHAIRWOMAN MAC'KIE: Hour after dusk.
COMMISSIONER BERRY: I'm not trying to be hard-nosed about it,
but I just want to be consistent about what I was told and what
you've got, what you're going to have in writing.
MR. ROBAU: That's acceptable. They have always told me there's
no nighttime activities.
CHAIRWOMAN MAC'KIE: Okay. Any other questions for the
petitioner? Do we have any public speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE: In that case, I'll close the public
hearing.
Is there a motion?
COMMISSIONER CARTER: I so move we accept the project.
CHAIRWOMAN MAC'KIE: With the stipulation for closure one hour
after dusk.
COMMISSIONER CARTER: Yeah.
COMMISSIONER BERRY: One other question I have, and I'm going to
direct this to Commissioner Constantine.
I believe this does not affect the Golden Gate Master Plan, is
that correct, because this is ag. land? I just want to make sure
that's clear.
Page 107
January 26, 1999
COMMISSIONER CONSTANTINE: That's correct.
COMMISSIONER BERRY: Thank you.
CHAIRWOMAN MAC'KIE: We have a motion. Do we have a second?
COMMISSIONER NORRIS: I'll second that.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 108
1999
RESOLUTION 99- 84
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
A PRIVATE GOLF COURSE AND CLUBHOUSE FACILITY
CONDITIONAL USE "17" IN THE "A" ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTIONS 24 AND 25, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
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 private
golf course and clubhouse facility 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-
!999
The petition filed by Emilio J. Robau, P.E. of RWA, Inc.,
representing Hideout Golf Club, Ltd., 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 private golf course
and clubhouse facility in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by
reference 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
Signature 0n]~. OMAN
DWIGHT E i BRO~..[~. Clerk
Ap~,ved as ~G,jForm and
Legal ~su~-~i~C~ie'ncy:
Ma%j~rie M, Sfude~t
Assistant County Attorney
f/CU-98-22 RESOLUTION
2
J A N ? 6 1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-22
The following facts are found:
1. Section 2.2.2.3.17 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes C"/No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingre s & egress Yes ~jNo
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated b
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes (~ No
Based on the above findings, this conditional use should, with
approval ~____
DATE:
f/FINDING OF FACT CHAIRMAN/CU-98-22
E~:hiL. i t A
~' Exhibit B CU-98-22 'i~! '~
DESCR.I. PTION -.ideo.t GOlf ClUb JAN .~ 6 J99~
(AS PRf~PAR[D BY TI41S FIRM)-B¢I, Inc,
[RACTS 28. 29. 250. 252.33 AND .14. THE SUBDIVISION OF SECIION 24, T.49S..
R.26.E. IN10 16 ACRE TRAC1S AS RECORD El.) IN PI.AT FJOOK 4, PAgE 254, COLLIER
C O .INIY FI.ORIDA. PLIEtLIC r~Er. URD5.
ANT) ALS<)
PAR1 OF TRACT 31, THE: SUB[~IVISION Or SEC11ON 24. T 4gS.. R.26.E INTO 18
ACRE I'RACIS AS RECORDED IN PIAI 8(]OK 4, PAGE .34, COLLIER COIJNh FLORIDA,
PUBI.IC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING At TIlE SOLITtlWEST CORNER OF SECTION 24, TOWNSIIIP 49 ~OLIT~:I, RANGE
26 I:'AST. COI.tlE!~ COUNTY FL,ORIDA AND rHF SOUTHWEST CORNER OF TRACt 31, THE
SUBDIVISION OF SECTION 24, 1.495., ~.26E. INTO 16 ACRE TRACTS AS RECORDED IN
PLAT BOOK ,I, PAGE 34. COLLIER COUNPr FLORIDA PUBLIC RECORDS; THENCE
N.OO'Sg'SO"w. ALONG THE WEST LINE OF SAID SECTION AND THE WEST LINE OF SAID
%LIBDIVISION FOR 525.15 rEEl 10 TIlE POINT r.)F BEGINNING; THEI, IC[: CONTINUE
N(I()'Sg'50"W, ALONG SAID WEST LINE FOR 7tO.g7 rEEf TO TIlE NORTHWEST CORNER
,.~F SAID TRACT 31; THENCE N.88'48'45"E. ALONG THE NORTH LINE OF 5AID TRACT
51 FOR 527.89 FEET TO THE NORIHEAS1 CORNER Or SAID TRACT 31; THENCE
% O0'58'45"W. ALONG THE COMMON LINE OF TRACT 31 AND TRACI 30 FOR 7|9.59 ,
FEET: THENCE S.i]B'52'OB"w. FOR 527.66 IrEEl TO THE POINT or BEGINNING. :
AI'JD AI.%~ ).
C. OMMEI'ICING AT IHE SOUTHWEST CORNER OF $~CTION 2,t AND 1tIE NORTIIWEST CORNEr~
I~l SIClION 25, TOWN'-;.'NIP 49 SOUIFt, RANGE:: 26 EAql; ItlEN(.E' S O~r53'5O"E. ALONG
ltlF. WESI' LINE OF SAIl') _'SECTIt_IN 25 FOR 1008.00 FEET TO T~{F' POINI' or
BI:'GII'iFIING: THENCE CONTINUE 500'53'50"E, ALONG SAID WES1 I_ltlE rOB IO01~,00
FEET; THENCE N.Bg'O7'24"E FOR 1980.93 FEET: TtlENCE N.OO'5~,'51"W. rOB
6/6.O4 FEEl; THENCE N.B9'OO'22"E. FOR 659.98 FEEl 1'O THE EASI LINE OF 1HE
rlORIIIWEST ONE QUARTER (NWl/4) OF SAID SECTION 25; lhEriCF N.OI'OO'SO"E
At.C~NG SAID EAST LII'IE FOR 1354 79 FEET TO TIlE NORTH LINE OF SAID SECTION 25:
II-I~I']CE I4.BB,'46'lB"W ALONG SAID I'IOR11t IIt'llc FOR 1.318.67 fEEl: II-tENCE
:-;00'!37'1 1"F FOR 1012.0.1 FEEl. TI4ENCE SR~t'SG'SI"W FOR 1~I,}~4 FF. E1 TO
IN[ PUINT or BEGINNING.
J A 999
Exhibit D
Subject to the following Conditions: CU-98-22
1. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South
Florida Water Management District (SFWMD) shall be presented prior to final site
plan/construction plan approval.
2. An appropriate portion of native vegetation shall be retained on site as required in Section
3.9.5.5.4. of the Collier County Land Development Code (CCLDC).
3. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with
emphasis on areas of retained native vegetation, shall be submitted to Current Planning
Environmental staff for review and approval prior to final site plan/construction plan approval. This
plan shall include methods of exotic vegetation removal to be used within areas of retained native
vegetation.
4. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife
Service CLISFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding
impacts to protected wildlife species. Where protected species occur on site, a habitat Management
Plan for those protected species shall be submitted to Current Planning Environmental Staff for
review and approval prior to final site plan/construction plan approval.
5. A roadway surface condition survey of the last (southerly) mile of 23'd St. S.W., shall be submitted
to the Collier County Transportation Services Department for review and approval prior to final
site plan/construction plan approval. Following construction of the golf course, the clubhouse, and
the maintenance facility, the developer shall submit another survey. If, and to the extent that, the
survey discloses degradation to the last mile of 23~d St. S.W. attributable to the construction of the
golf course, the clubhouse, and the maintenance facility, the developer shall restore that portion of
the street to its pre-constmction condition. Prior to the issuance of building permits for the project,
the petitioner shall provide reasonable financial assurances, in any of the forms authorized for
subdivision improvement guarantees, that funding will be available to make the restoration if
shown as necessary by the survey.
6. The Collier County Transportation Services Department reserves the right to monitor the roadway
conditions to determine if roadway improvements are required as a result traffic associated with
Hideout Golf Club. If improvements are deemed necessary, the developer shall be responsible for
their proportionate share of required improvements.
7. The petitioner shall pave and maintain Brantley Boulevard from 23'a St. SW to the Clubhouse
entrance, to County standards, with a minimum pavement width of twenty-two (22) feet.
8. Brantley Boulevard shall not be vacated or closed through the limits of the proposed project.
9. The Golf Course and its accessory uses shall be limited for use by members and their guests only
and shall not be open to the public. Membership shall be limited to a maximum of 350 people.
10. Restaurant size shall be limited to a maximum seating capacity of 150 seats and shall serve patrons
not later than one hour after sunset.
11. Pro-shops with equipment sales shall be limited to a maximum of 1,000 square feet in size.
January 26, 1999
Item #13A2
RESOLUTION 99-85 RE PETITION V-98-23, RICHARD YOVANOVICH, ESQ.
REPRESENTING GUS SCIAQUA, REQUESTING A 15 FOOT VARIANCE FROM THE
REQUIRED 15 FOOT SIDE YARD TO 0 FEET ON THE SOUTH AND NORTH PROPERTY
LINES FOR OFFICE AND RETAIL BUILDINGS TO BE LOCATED AT 3078 TAMIAMI
TRAIL NORTH - ADOPTED
And now we have Petition V-98-23. Rich Yovanovich, a variance
for some office and retail space.
Everybody who wants to be heard on this item, please stand and
raise your right hand and be sworn, please.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: I don't have any disclosure. If anybody
does, please speak up.
COMMISSIONER NORRIS: I have met with the petitioner. All my
questions are satisfied.
COMMISSIONER BERRY: I have met with the petitioner. I have no
other questions.
COMMISSIONER CARTER: I have met with the petitioner and all my
questions have been satisfied.
COMMISSIONER CONSTANTINE: I have met with the petitioner, and
all my questions have been satisfied. CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER NORRIS: So it's up to you to ask the question.
CHAIRWOMAN MAC'KIE: Actually, I don't have any. Are there any
other public speakers?
MR. FERNANDEZ: Yes, there are.
CHAIRWOMAN MAC'KIE: There are? Okay.
MR. FERNANDEZ: There are two, I believe.
CHAIRWOMAN MAC'KIE: Then if everyone's familiar with the
project, there's probably no need to hear from the petitioner. Let's
go straight to the public speakers.
MR. FERNANDEZ: I'm sorry, no public speakers.
CHAIRWOMAN MAC'KIE: Okay. Scared you, huh, Rich. Just keeping
you awake.
Okay, no public speakers. I close the public hearing.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRWOMAN MAC'KIE: Motion and a second for approval.
All in favor, say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Just keeping your blood pumping, Rich.
Page 109
January 26, 1999
COMMISSIONER BERRY: It should be a nice-looking -- I hope it
looks like that when you all get done with it. It's a nice looking
project.
COMMISSIONER NORRIS: I told you that was going to be tough.
MR. YOVANOVICH: You were right.
Page 110
j A N 6 199
RESOLUTION NO. 99- 85
RELATING TO PETITION NUMBER V-98-23,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes regulations for the zoning
of particular geographic divisions of the County, among which is the
granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
the advisability of a 15-foot variance from the required 15 foot side
yard setback to 0 feet as shown on the attached plot plan, Exhibit "B",
in a C-4 Zone for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in
accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-98-23 filed by Richard D. Yovanovich, Esq., of
Goodlette, Coleman & Johnson, P.A., representing Gus Sciacqua, with
respect to the property hereinafter described as:
EXHIBIT "A"
be and the same hereby is approved for a 15-foot variance from the
required 15 foot side yard setback to 0 feet as shown on the attached
plot plan, Exhibit "B", of the C-4 Zoning District wherein said property
is located, subject to the following conditions:
This variance is for encroachments depicted on the plot plan
(Exhibit "B"). Any encroachments not shown on the plot plan shall
require a separate variance approval.
BE IT RESOLVED that this Resolution relating to Petition Number
V-98-23 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
ATTES~T:A J BOARD OF ZONING APPEALS
~a~j o~ ~. S~u~en~
Assistant Coanty Attorney
g/V-98-23 RESOLUTION
-2-
JAN 2 6 !1999
EXHIBITA
PARCEL NO. 1:
The East 100 feet of hte West 400 feet of the South 1/2 of Lot 82, NAPLES
IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in Plat Book 2, Page 2,
Public Records of Collier County, Florida.
PARCEL NO. 2:
The West 590 feet of the North 1/2 of Lot 82, excepting therefrom the North 86 feet of the
West 200 feet, NAPLES IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in
Plat Book 2, Page 2, Public Records of Collier County, Florida.
January 26, 1999
Item #13A3
RESOLUTION 99-86 PETITION V-98-21, JAMES W. VIERGUTZ REPRESENTING
WEDGEMONT CONDOMINIUM, REQUESTING A 25 FOOT VARIANCE FROM THE
REQUIRED 35 FOOT FRONT YARD TO 10 FEET ALONG PALM VIEW DRIVE FOR
CARPORTS FOR A CONDOMINIUM COMPLEX LOCATED ON PALM VIEW DRIVE
APPROXIMATELY ONE HALF MILE NORTH OF IMMOKALEE ROAD IN PALM RIVER
AREA - ADOPTED
CHAIRWOMAN MAC'KIE: Next we have Petition V-98-21, which is the
Wedgemont Condominium variance.
All persons wishing to be heard on this item, please stand and
raise your right hand to be sworn by the court reporter.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: I have no disclosure. If anyone does,
please speak --
COMMISSIONER BERRY: I don't think I did.
CHAIRWOMAN MAC'KIE: -- or forever hold your piece.
Dr. Badamtchian?
MR. BADAMTCHIAN: Good afternoon, commissioners. Chahram
Badamtchian, from Planning Services Staff.
Mr. Viergutz, representing Wedgemont Condominium, is requesting
a 25-foot variance from the required 35-foot front yard setback to 10
feet for carports.
This condominium doesn't have any carports, and they are trying
to provide one carport per unit. And they need this variance for
several parking spaces at the front of the property.
CHAIRWOMAN MAC'KIE: Why is this something that wouldn't appear
on the summary agenda?
MR. BADAMTCHIAN: For two reasons: One, staff recommended
denial to the Planning Commission because there was no land-related
hardship, even though in the past several or similar variances were
approved by this Board.
And number two, we had three letters of opposition from
neighbors, and one of those three showed up at the Planning
Commission to speak against this variance.
This petition was heard by the Planning Commission and they
unanimously recommended approval.
CHAIRWOMAN MAC'KIE: Okay. Questions for staff? Should we hear
from the petitioner? Please. Could we hear from the applicant? MR. VIERGUTZ: I waive my rights.
CHAIRWOMAN MAC'KIE: Okay, you're the applicant. I see. Sorry.
COMMISSIONER CARTER: I understand this parking place is already
there, and all they want to do is put a cover over it and it's
bordered by mangroves, so it's not -- and nobody's looking at it.
Page 111
January 26, 1999
MR. BADAMTCHIAN: No, sir, this is not covered by mangrove.
This one is adjacent to a road.
COMMISSIONER NORRIS: Can you point out for us? It's not clear
on that map where we're going.
CHAIRWOMAN MAC'KIE: It's hard to read, that's for sure.
MR. BADAMTCHIAN: This is Cypress Way East, and this is --
COMMISSIONER NORRIS: No, sir, I meant the site map, and show us
with where the --
MR. BADAMTCHIAN: Carports?
COMMISSIONER NORRIS: -- where the carports are going to go, if
you could. I'm not clear about this map.
MR. BADAMTCHIAN: These are the carports in here.
COMMISSIONER NORRIS: Do any of the other parking spots have
carports on them now?
MR. BADAMTCHIAN: No, not on this --
COMMISSIONER NORRIS: So this will be something new for the
project?
MR. BADAMTCHIAN: This will be something new for this
development. There are other carports on adjacent developments.
CHAIRWOMAN MAC'KIE: And the people who objected had what reason
for their objection?
MR. BADAMTCHIAN: Two of them didn't like driving on the road
and seeing carports. And the third one said that he lives on the
third floor of an adjacent building, and he's going to see the roof
of those carports.
CHAIRWOMAN MAC'KIE: As opposed to the roofs of the cars.
MR. BADAMTCHIAN: Roof of the cars, correct.
COMMISSIONER BERRY: Is there going to be some landscaping? Are
they going to put some landscaping?
MR. BADAMTCHIAN: We are stipulating that they have to upgrade
the landscaping, and the landscaping must be planned and approved
prior to the issuance of the building permit for these carports.
CHAIRWOMAN MAC'KIE: Okay. Any other questions of staff? The
petitioner has waived his time.
No registered speakers?
MR. FERNANDEZ: You have one, Madam Chairman. James W. Viergutz.
MR. VIERGUTZ: I waive my right.
CHAIRWOMAN MAC'KIE: And he's waived his right to speak.
Okay. We'll close the public hearing.
Any discussion or motion?
COMMISSIONER BERRY: I'll move for approval.
CHAIRWOMAN MAC'KIE: We got a motion. A second?
COMMISSIONER CARTER: Go ahead.
CHAIRWOMAN MAC'KIE: I'll second it to get it on the floor.
COMMISSIONER CARTER: I'll second it to get it on the floor.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER NORRIS: I'll second it to get it on.
Page 112
January 26, 1999
CHAIRWOMAN MAC'KIE: No, we'll argue over it now.
Motion and a second. All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: And it passes unanimously.
Page 113
RESOLUTION NO. 99- 86
RELATING TO PETITION NUMBER V-98-21,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes regulations for the zoning
of particular geographic divisions of the County, among which is the
granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
the advisability of a 25-foot variance from the required 35 foot front
setback for accessory structures to 10 feet as shown on the attached plot
plan, Exhibit "A", in a RMF-6 Zone for the property hereinafter
described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required
by said regulations and in accordance with Section 2.7.5 of the Zoning
Regulations of said Land Development Code for the unincorporated area of
Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-98-21 filed by James W. Viergutz, representing
Wedgmont, Inc., with respect to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 25-foot variance from the
required 35 foot front setback for accessory structures to 10 feet as
shown on the attached plot plan, Exhibit "A", of the RMF-6 Zoning
1
JAN 2 6 1999
District wherein said property is located, subject to the following
conditions:
1. Prior to the issuance of a building permit for the carports,
a double row of shrubs 24" on center shall be installed
along Palm View Drive adjacent to the existing parking spaces.
BE IT RESOLVED that this Resolution relating to Petition Number
V-98-21 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
ATTES~:,",i~j.~,U ~':'. BOARD OF ZONING APPEAL~
DWZ i~'~.~'.~ROd~,"Clerk COnL R COUNTY, FLORXDA
Assistant County Attozne~
~/V-98-21
1999
Palm River Estates Unit 4, Block "E" Lots 10, 11 and WEST 70 FEET OF Lot 12
as recorded in Plat Book 8, pages 69 and 70 of Collier County Public Records.
EXHIBIT "B"
January 26, 1999
Item #13A4
RESOLUTION 99-87 RE PETITION CU-98-24 MARK W. MINOR, P.E. OF Q. GRADY
MINOR & ASSOCIATES, P.A., REPRESENTING ROBERT DUNCAN FOR THE TASK
FORCE FOR THE HOMELESS, REQUESTING CONDITIONAL USE "9" OF THE "C-~"
ZONING DISTRICT PER SECTION 2.2.15.3. TO ADD TWENTY (20) BEDS TO AN
EXISTING HOMELESS SHELTER FOR PROPERTY LOCATED AT 2001 AIRPORT ROAD
SOUTH (C.R. 31) - ADOPTED
Last item is Grady Minor on behalf of the Task Force for
the Homeless. Or Mark Minor, of Grady Minor and Associates.
COMMISSIONER NORRIS: Let's get Mr. Wood up here so we can
browbeat him like we've done everybody else that came up today.
CHAIRWOMAN MAC'KIE: We don't want to.
This is quasi-judicial, so anybody wishing to be heard on this
item, please stand and raise your right hand and be sworn by the
court reporter.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: I met briefly with the -- one of the
trustees on this matter.
COMMISSIONER NORRIS: As I did.
COMMISSIONER BERRY: So did I.
COMMISSIONER CONSTANTINE: I had a telephone conversation.
COMMISSIONER CARTER: Likewise, telephone.
CHAIRWOMAN MAC'KIE: Okay. This is one I'm familiar with and,
frankly, don't have any questions or problems with. Is it somebody
anybody has any particular discussion?
COMMISSIONER NORRIS: I just want to ask Ms. Murray, that the
reason this is coming back before the Board is because an original
conditional use, we limited the number to 83; is that correct?
MS. MURRAY: No, sir. When this site was developed, a homeless
shelter was a permitted use in the C-4 zoning district.
Subsequently, the LDC requirements were changed to make it a
conditional use. So in order to change anything on-site, they would
need to come through this process. This will limit it to 104 beds.
COMMISSIONER NORRIS: But all they're changing is the number of
beds --
MS. MURRAY: Correct.
COMMISSIONER NORRIS: -- internally. They're not changing
anything on the building?
MS. MURRAY: Correct.
COMMISSIONER BERRY: Nothing of the footprint is being changed?
MS. MURRAY: The only thing they're adding is six additional
parking spaces to meet the LCD requirement. But the footprint of the
building will remain the same, that's correct.
Page 114
January 26, 1999
COMMISSIONER NORRIS: But they're going to put in the six
parking places?
MS. MURRAY: Absolutely, yes. They will be required to do so.
CHAIRWOMAN MAC'KIE: Got to be sure those homeless people have
their parking places. Sorry.
COMMISSIONER NORRIS: Then we'll buy them some cars.
CHAIRWOMAN MAC'KIE: Are there any other questions? Are there
registered speakers?
MR. FERNANDEZ: You have two, Madam Chairwoman. The first is
John R. Wood, and the second is Philip J. Westley.
CHAIRWOMAN MAC'KIE: You've been here a long time. Do you want
to talk to us?
MR. WOOD: Not unless you have any questions.
CHAIRWOMAN MAC'KIE: Does anyone have questions? Boy, we like
that. Thank you so much.
If there's nothing else -- any other registered speakers?
MR. FERNANDEZ: No other.
CHAIRWOMAN MAC'KIE: We close the public hearing.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRWOMAN MAC'KIE: Motion and a second.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
MR. WOOD: Madam Chairman, I've been here 42 years, and this is
one of the few times I've got to be here, so I want to say one thing.
COMMISSIONER NORRIS: You had your chance.
CHAIRWOMAN MAC'KIE: No, let him talk.
MR. WOOD: And that is, I don't think the general public know
what you go through and what the sacrifices you make and what all it
takes to be a County Commissioner. And I for one say that I really
appreciate what all of you do very much. Thank you.
CHAIRWOMAN MAC'KIE: That means a lot coming from you.
COMMISSIONER CARTER: Thank you.
COMMISSIONER NORRIS: Madam Chairwoman, give that gentleman five
more minutes.
CHAIRWOMAN MAC'KIE: All the time he wants.
COMMISSIONER BERRY: Every Tuesday, could you come down and give
a little --
CHAIRWOMAN MAC'KIE: Please. We could have our invocation with
the minister and then you could do the closing.
COMMISSIONER BERRY: Like the benediction.
CHAIRWOMAN MAC'KIE: Like the benediction.
Okay. I'm sorry, that was Mr. Wood, yes, for the record.
Thank you.
Page 115
i999
RESOLUTION 99~7
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
AN ADDITIONAL TWENTY (20) BEDS TO AN EXISTING
HOMELESS SHELTER CONDITIONAL USE "9" IN THE C-4
ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3.
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 12, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, 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 ~9" of Section 2.2.15.3. in a C-4 Zone for an
additional twenty (20) beds to an existing homeless shelter 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
J A N ? 6 !999
The petition filed by Mark W. Minor, P.E., of Q. Grady Minor &
Associates, P.A., representing Robert Duncan for the Task Force for
the Homeless with respect to the property hereinafter described as:
Lot 1, Block K, The Glades, Unit Two, as recorded in Plat
Book 10, Page 88, of the Public Records of Collier County,
Florida.
be and the same is hereby approved for Conditional Use "9" of Section
2.2.15.3. of the C-4 Zoning District for an additional twenty (20)
beds to an existing homeless shelter in accordance with the
Conceptual Master Plan (Exhibit "B") and subject to the following
conditions:
Exhibit "C" 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.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: /~/
WOMAN
.'~.~IGHT E. BROCK'; Clerk
Marj M.
Assistant County Attorney
f/CU-98-24 ~ESOLUTION
2 {
i999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-24
The following facts are found:
1. Section 2.2.15.3.9 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will 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:
Adequateyi~g~s & egress
No
C. Affects neighboring properties in relation to noise,
re, economic or odor effects:
No affect or Affect mitigated by
Affect 6annot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible us~e~i~n district
No
Based on the above f'ndings, this conditional use should, with
"
f/FINDING OF FACT C}{AIRMAN/CU-98-9-4
EXhibit A
AtRHORT i"'ULLih, G r~OALJ (120' R.u.wJ
Ji . .................. ~ ~ JAN ~ 6 1999
~~1 ~ ~~ ~ 'i. I ' ' '~
~l,~iI ~:
'It [
!J "' {:let 2 S 1998
J A N ~ ~ i99~
Exhibit C
Subject to the following conditions:
1. An appropriate portion of native vegetation shall be retained on site as required in
section 3.9.5.5.4. of the Collier County Land Development Code.
2. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the
site shall be submitted to Current Planning Environmental staff for review and approval
prior to final site plan/construction plan approval.
January 26, 1999
THIS PAGE LEFT BLANw INTENTIONALLY
Page 116
January 26, 1999
Item #14A
DISCUSSION REGARDING COURT CASE OF THE CLERK V. COLLIER COUNTY AND
JUDGE STARNES
We're down to staff communications.
MR. FERNANDEZ: Madam Chairwoman, the only thing I have is to
inform the Board that we have finalized the agenda for a joint
meeting with the City of Naples. We have distributed that to the
Commissioners today. I'll be glad to summarize it if you want to go
over any particular points or otherwise you can look at it and ask me
any questions you may have.
CHAIRWOMAN MAC'KIE: One thing I wanted to be sure that
everybody knew is that that meeting convenes at what time and at what
place? 2:00 here?
MR. FERNANDEZ: It's 2:00 in the Board of County Commissioners'
chambers, Third Floor, building F. COMMISSIONER BERRY: Monday.
CHAIRWOMAN MAC'KIE: 2:00 here on Monday.
MR. FERNANDEZ: February 1st. Monday, February 1st.
COMMISSIONER CONSTANTINE: Just curious, how did we establish
2:00?
COMMISSIONER NORRIS: Great question.
COMMISSIONER BERRY: It's halfway between 1:00 and 3:00.
COMMISSIONER CONSTANTINE: You got a point there.
CHAIRWOMAN MAC'KIE: There you go.
MR. FERNANDEZ: I don't know the answer to that.
CHAIRWOMAN MAC'KIE: So you'll get us all copies of the agenda.
MR. FERNANDEZ: Yes.
CHAIRWOMAN MAC'KIE: And if anybody has -- you know, needs
information I'm sure we can get that backup. Are we going to get
backup or anything to go with the --
MR. FERNANDEZ: We have backup for two of the items. We have
backup for the discussion on county-wide government access channels,
and we have backup for the update on the redevelopment efforts
underway in the Bayshore Gateway Triangle area. The other issues
have no backup.
CHAIRWOMAN MAC'KIE: Any other communication or any questions?
I'm sorry.
COMMISSIONER BERRY: What are the other issues? I haven't seen
it yet, so if you want to describe --
CHAIRWOMAN MAC'KIE: Sure, read them.
MR. FERNANDEZ: Okay. I'll quickly go over that.
In addition to the government access channel issue and Gateway
Triangle update, we have the discussion regarding recent action by
the Naples City Council to exclude county residents from eligibility
Page 117
January 26, 1999
to serve on the Naples Airport Authority. We've since changed county
residents to unincorporated area residents at the request of the city
manager.
Also, the next is to -- the city referendum, February of the
year 2000 on the second Gordon River Bridge construction.
CHAIRWOMAN MAC'KIE: And that's an informational item. The City
of Naples is going to tell us what they did at their last workshop.
I mean, that's not a county item, that's a city item. MR. FERNANDEZ: Right, it's a city item.
CHAIRWOMAN MAC'KIE: Okay. I just wanted you -- I mean, I was
at the workshop, so --
MR. FERNANDEZ: Next is discussion of the beach access issues.
CHAIRWOMAN MAC'KIE: And that's a city?
MR. FERNANDEZ: That's a city request.
CHAIRWOMAN MAC'KIE: Could you ask if we could get any backup on
any of those items?
MR. FERNANDEZ: I could ask for backup on that.
CHAIRWOMAN MAC'KIE: I'm sorry, and --
COMMISSIONER CONSTANTINE: I'd really like some specifics on
that to prepare, because my recollection is that we helped fund the
walkovers and those things and had set that agreement aside for years
to come. So I hope that's not changed.
CHAIRWOMAN MAC'KIE: And if we don't get backup from city, maybe
we could get some from our own staff about what it is that the
Commissioner is remembering that we did. I have the same
recollection.
COMMISSIONER CONSTANTINE: If we don't get backup, we probably
ought to not see the item. I mean, if we're going to have a
discussion, we ought to know what we're talking about.
COMMISSIONER BERRY: If nothing else, maybe get the minutes for
us of our meeting where --
COMMISSIONER NORRIS: There's an agreement.
COMMISSIONER BERRY: An agreement?
COMMISSIONER NORRIS: There's an agreement.
COMMISSIONER CARTER: Yes, I certainly would like that before we
wander into that one. Thank you.
CHAIRWOMAN MAC'KIE: Okay. What else is on that agenda?
MR. FERNANDEZ: The final item is discussion of city and county
development standards. That was described to me as that there should
be consistent standards when the boundary, the city boundary, goes
down the middle of a road on one side of the road, there's
development on the other side of the road, the standards should be
the same.
COMMISSIONER CONSTANTINE: People in the wilderness will be glad
to hear that.
CHAIRWOMAN MAC'KIE: I wonder, is that also an item being
proposed by the city for discussion?
Page 118
January 26, 1999
MR. FERNANDEZ: Yes.
CHAIRWOMAN MAC'KIE: It would be good, Mr. Cautero, if we could
have some information about where that applies and generally where
they differ and to what extent; otherwise, it's not a very fruitful
discussion.
COMMISSIONER NORRIS: Apparently the city is willing to offer to
bring their standards up to ours along those borders. CHAIRWOMAN MAC'KIE: Anything else?
MR. FERNANDEZ: That's all I have, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Mr. Weigel, do we have anything?
MR. WEIGEL: Only to note that the county did receive on Friday
a copy of the judgment from the court in the case of Dwight E. Brock,
Clerk of Circuit Court, versus Collier County, Florida, and Hugh E.
Starnes, Chief Judge of the Circuit, in which the declaratory
judgment action against the county was found in favor of the county.
And we're pleased to note that the budget approval in regard to
the court administration for 1997-98 was found to be appropriate,
indicating that the clerk's functions at that point are administerial
thereafter.
CHAIRWOMAN MAC'KIE: So we don't have to go through all that
rigmarole again about the clerk's budget, we can go back to doing it
the way we always used to do it. MR. WEIGEL: We could.
CHAIRWOMAN MAC'KIE: How wonderful.
MR. WEIGEL: We have amended our agreement with the court system
to provide more detail. We'll await the appeal of this.
CHAIRWOMAN MAC'KIE: Okay. Board communication? Commissioner
Berry?
COMMISSIONER BERRY: Nothing.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: No more.
CHAIRWOMAN MAC'KIE: Commissioner Carter?
COMMISSIONER CARTER: Regards to the PUD, the Fountain Plaza, I
just want to share that that developer has agreed to meet and exceed
standards for signage and everything that's already in the county.
He's going to use a Marco Island model. And he wants to be a model
to set a higher standard for development in that area. So I hope
that everyone would just keep that in mind as they think about that
project.
CHAIRWOMAN MAC'KIE: Thank you.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: Two items: One, an inquiry of Mr.
Weigel -- are you listening? You just asked that earlier. Where are
we -- we were going to look and see about Mr. Compton and his epic
drama, the expenditure of those funds. I haven't heard anything back
for a long time on that.
Page 119
January 26, 1999
MR. WEIGEL: I don't know exactly where we are on that. I will
follow up on that with you. I appreciate you reminding me.
CHAIRWOMAN MAC'KIE: I'll tell you what, because I asked the
clerk about that when I was talking to him about PGA stuff, because,
frankly, I just don't wait, I go asking for information when I'm
frustrated by it.
But what I was told there is that there's some problem with a
Florida Supreme Court case written by Rosemary Barkett (phonetic)
that says basically as to the corpus delicti of a criminal case, that
the most basic elements of a criminal case you can't self-
incriminate, and so there doesn't appear to be good criminal case to
be brought, but that there may in fact be some other action that can
be brought.
COMMISSIONER CONSTANTINE: Second item, and this is really an
MPO item, but I don't want to wait until then, and I know that a
couple of you will miss that meeting anyway, so I wanted to mention
to you, you may have seen quite a bit in print recently about
transportation disadvantaged. My frustration has reached an
unprecedented level with the delivery of service right now for a
number of reasons. And it seems as though when we have the problems,
promises are made, and even as short as a week later, are rescinded.
And most recently, we had that occur again.
One of the problems, as you know, there's been a concern about
delivery of service for things of a lower priority. We have medical
attention first and we have a whole priority list. The problem is
the way the service is being delivered is almost set up to encourage
the thing we complain about the most, and that is, having a single
body on the bus.
Right now they are -- if someone calls and says I would like to
get from Point A to Point B, for example, someone from the
association of the blind would like to get to their facility which is
located near the hospital over in Grand Central Station, then they're
told I'm sorry, that's not a medical trip, you can't go.
They don't look and see if there are other trips coming from the
guy's next-door neighbor into the hospital. They're not -- dispatch
is not coordinating those at all. They're simply saying I'm sorry,
we can't afford to take anyone on a medical trip, and -- on anything
other than a medical trip. When the fact is there are all kinds of
calls that could be doubled up and you could have multiple bodies on
that same bus, which not only is efficient but actually is saving us
money in the long run, because we still get some reimbursement
programs.
COMMISSIONER NORRIS: That procedure guarantees that they won't
have but one person on the bus.
COMMISSIONER CONSTANTINE: Pretty much, yeah.
CHAIRWOMAN MAC'KIE: Absolutely.
Page 120
January 26, 1999
COMMISSIONER CONSTANTINE: So I'm going to talk to the MPO this
week a little bit about that. But we may want to explore. We have
as long as three years' term with these folks, but we have the
opportunity each year to go out to bid. And it's a three-year
contract with an annual renewal.
And at this point, if we don't see some change in the next eight
weeks, 10 weeks, because I have had this conversation with them over
the past several months. This isn't something I'm just talking to
them about now. We've had this ongoing. And these are the folks who
need the service more than any. And if it's not being delivered to
them and the improvements aren't being made, then perhaps it's going
to be time to go and look and bid that service again this year.
And there is some disruption to the service in the transition
period of a few weeks, and I understand that, and it's not my
preference; however, if the service isn't being delivered properly
ever right now, then that disruption period is a small price to pay
to fix it.
So we'll talk more about that at the MPO. But I know a couple
of you had to miss that this week, so I wanted to just make you aware
of it ahead of time.
COMMISSIONER CARTER: Thank you for sharing that. And I agree,
I've had the complaints as you have. And I'm asking, and you're
asking the question, how do we improve that service? And if the
current contractor can't do it, let's find somebody that can.
COMMISSIONER CONSTANTINE: The key to it is there is a software,
dispatch software, that is a problem software; however, they're
really not using it at all, and haven't trained any of their people
on it. And so while it is not the best software in the world, and
I'll be the first to acknowledge that, it is much better than not
using anything.
COMMISSIONER BERRY: I would have a question --
COMMISSIONER CARTER: Is it Y2K compliant?
COMMISSIONER BERRY: -- last Tuesday when we had the meeting in
Marco, the joint meeting, on my way home I happened to stop in at the
Prime Outlet now at the Old Coral Isle, and here sits one of our
Goodwill -- or Goodwheels, first up close to the shopping center.
And then when I came out of the store, parked under the trees. And I
had a question in my mind, who's being served by this? Because it
was there -- I was probably in there maybe a half hour, 45 minutes,
and there sat the bus.
And I did have a question as to what kind of a trip would that
be considered. Whereas, something like you're saying in regard to
getting a person to their particular area in the case of the blind
services, that to me, not being able to go there, would present a
real problem to me.
So I certainly would like an explanation of what might they have
been doing in this particular location that I was at.
Page 12 1
January 26, 1999
COMMISSIONER CARTER: One other thing, Commissioner Mac'Kie. I
would just like to publicly recognize Commissioner Constantine for
the fine way that he framed the resolution with Marco City, and that
we were able to move that one and get a 4-3 vote in which we were in
agreement to resolve the issue with the City of Marco. I want to
publicly thank you, Commissioner, for your effort in that.
COMMISSIONER CONSTANTINE: And compliments to the City of Marco
for working with us on that one.
CHAIRWOMAN MAC'KIE: Yeah, that was great. It sure turned out a
lot better than anybody -- or better than I ever dreamed.
Okay. I don't have any communication items. So if Ms. Filson
will let us go home, we're adjourned.
Page 122
January 26, 1999
***** Commissioner Carter moved, seconded by Commissioner Berry and
carried unanimously, that the following items under the Consent and
Summary Agendas be approved and/or adopted: *****
Item #16A1
BUDGET AMENDMENT AUTHORIZING THE OFFICE OF MANAGEMENT AND BUDGET TO
ESTABLISH A PROJECT BUDGET ACCOUNT FOR THE 1998 ECONOMIC DEVELOPMENT-
COMITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT WHITE LAKE
INDUSTRIAL PARK - IN THE AMOUNT OF $750,000.00
Item #16A2
FINAL PLAT OF COTTON GREENS - WITH LETTER OF CREDIT, CONSTRUCTION AND
MAINTENANCE AGREEMENT AND STIPULATIONS
Page 123
Documcm Prepared By
W. M~aoL
Via D¢I
Bo~ Springs, FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
Holdings Joint Venture hereinafter referred to as "Developer", and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as "The Board".
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
"Cotton Green"
2. Division 3.2 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby convenient and agree as follows:
1. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping
and irrigation improvements within 36 months from the date of approval of said
subdivision plat, said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A") and by reference made a part of in the mount of $150,263.00 which
mount represents 10% of the total contract cost to complete construction plus 100% of
the estimate cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
J A N 2- 6 1999
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer' s engineer along with the final project records have
been 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 Direetor's approval of the improvements.
However, in no event shall the Developer Services Director refuse preliminary approval
of the improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the Development Services Director. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the Development Services Director inspect the improvements. The Development Services
Director or his designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval
by the Board, the Board shall release the 10% subdivision performance security. The
Developer' s responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the Development Services Director to
reduce the dollar amount of the subdivision performance security on the basis of work
completed. Each request for the reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
Development Services Director. The Development Services Director may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator may call upon
the subdivision performance security to secure satisfactory completion, repair and
maintenance of the required improvements. The Board shall have the right to construct
and maintain, or cause to be constructed and maintained, pursuant to public
advertisement and receipt of acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay
and to indemnify the Board, upon completion of construction, the final cost to the Board
thereof, including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain on
account of the failure of the Developer to carry out all of the provisions of the
Agreement.
9. All of terms, covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer.
_ ,., J A N Z 6 1999
execute r
Signed, Sealed and Delivered
in the presence of: 951 Land Holdings Joint Venture
A Florida General Parmership
By: Gulf Bay 100, Ltd., a Florida Limited
Parmership, a Parmer
By: Gulf Bay 100 Inc., a Florida
Corp ation
Its era Parmer
Ab
~~ BY: ~/,
7"6/'C~" ly
(Printed ~r Typed Name)
/
(Printed or Typed Name)
.::~~,'~'
f ..... B Y: LA/· ' -e · .
',',S..~.~S't} }$JtO ~11,1ti~' S PAMELA S. MAC' KIE
·' .'2.;.;;.~0ved: i!sjd<~hn";~nd legal sufficiency: i -~L0_ qq
~C./~,David C. Weigel
Cottier County Attorney
F :FIDC P,~EK~FC 16. PR
January 26, 1999
Item #16A3
RESOLUTION 99-72, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
.NORTHSHORE LAKE VILLAS REPLAT
Page 124
RESOLUTION NO. 99- 72
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN NORTHSHORE LAKE VILLAS,
RELEASE OF THE MAINTENANCE SECURITY, AND
ACCEPTING THE MAINTENANCE RESPONSIBILITY
FOR THE ROADWAY, DRAINAGE, WATER AND
SEWER IMPROVEMENTS THAT ARE NOT REQUIRED
TO BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on January
28, 1997 approved the plat of Northshore Lake Villas for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage, water
and sewer improvements in accordance with the approved plans and specifications and as
required by the Land Development Code (Collier County Ordinance No. 91-102, as amended);
and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and
WHEREAS, the developer has now requested final acceptance of the roadway, drainage,
water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services Department
has inspected the roadway, drainage, water and sewer improvements and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for
those roadway, drainage, water and sewer improvements in Northshore Lake Villas, and
authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and sewer improvements
that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote favoring same.
~, ..DATE: · BOARD OF COUNTY COMMISSIONERS
"~' '. ,, ?.~..~?A~ES'~: ~:',,.c.. COLLIER COUNTY, FLORIDA
~eidi F. Ashton
Assist~t Collier Co~ ARomey
January 26, 1999
Item #16A4
COMMERCIAL EXCAVATION PERMIT NO. 59.673, "ROBERTS HOMESITE AND
COMMERCIAL EXCAVATION", LOCATED IN SECTION 29, TOWNSHIP 47 SOUTH,
RANGE 28 EAST - WITH STIPULATIONS
Item #16A5
EXCAVATION PERMIT NO. 59.678 TIM MALONEY II COMMERCIAL EXCAVATION
LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED ON
THE NORTH BY 72 ND AVENUE NE R/W, ON THE WEST BY 40TH STREET NE R/W
AND ON THE SOUTH AND EAST BY VACANT TRACT - WITH STIPULATIONS
Item #16A6
FINAL PLAT OF "FORREST GLEN OF NAPLES" - WITH CONSTRUCTION AND
MAINTENANCE AGREEMENT AND STIPULATIONS
Page 125
J A N 2 6 1999
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS PRIOR TO RECORDING OF PLAT
RECORDING OF PLAT
Community Limited Partnership. hereinafter referred to as "Developer," a~d the Board of County Commissioners
of Collier County, Florida, hereinafter referred to as the "Board."
RECITALS:
1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of
a certain plat of a subdivision to be known as: Forest Glen of Naples Phase I-B.
2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the
improvements required by said subdivision regulations prior to recording the final plat.
NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer and the Board do hereby covenant and agree as follows:
I. 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 tom letion of said improvements, the Developer shall tender its subdivision performance
security in the amount ors ~f~2'24Pwshich 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.
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 satisfactor/
completion, repair and maintenance of the required improvements. The Board shall have the right to construct and
maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision performance security,
shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the
Board thereof, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions
of this Agreement·
8. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the developer.
· ~~,~/or, Vi~ President
Witnesses to~~ h7 ~
': ' :~ "" "" By:
"~,?i'°,"~ppri;~edas;td f~;'d,'dndtegal sufficiency: CHAIRWOMAN
.... :..:..., ::. ::. ':..-.
January 26, 1999
Item #16A7
RESOLUTION 99-73, AUTHORIZING FINAL ACCEPTANCE OF ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS IN DEKEER ESTATES
Page 126
JAt 2 6 1999
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN DEKKER ESTATES,
RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPTING THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 24, 1994 approved the plat of Dekker Estates for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage,
water and sewer improvements in accordance with the approved plans and specifications
and as required by the Land Development Code (Collier County Ordinance No. 91-102,
as amended); and the Utilities Standards and Procedures Ordinance (Collier County
Ordinance No. 97-17), and
WHEREAS, the developer has now requested final acceptance of the roadway,
drainage, water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services
Department has inspected the roadway, drainage, water and sewer improvements and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be
granted for those roadway, drainage, water and sewer improvements in Dekker Estates,
and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for the roadway, drainage, water and sewer
improvements that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote favoring same.
, .~ ~.~.'....,..
· b ; T ki, oF coum:v coM nSSIO RS
, ~;!,..~,T¥]E[~T~/~ ,7...i...' '; .: COLLIER COUNTY, FLORDA
· 7.!.~~ j ' !" CK, . B~ja. MELA S MAC. 'KI~
..~ ;:./.sufficiency:
Assistant Collier County Attorney
January 26, 1999
Item #16A8
EXCAVATION PERMIT NO. 59.672, "LILAC EXCAVATION., LOCATED IN SECTION
24, TOWNSHIP 47 SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH AND WEST
BY OCCUPIED AGRICULTURAL LAND, ON THE SOUTH AND EAST BY VACANT LAND
ZONED AGRICULTURAL - WITH STIPULATIONS
Item #16A9
STAFF TO REJECT PROPOSALS RECEIVED FOR RFP#98-2871, SOFTWARE FOR
OPTICAL IMAGING AND RE-BID AT A LATER DATE
Item #16A10
BUDGET AMENDMENT TO FUND RELOCATION OF UTILITY AND FRANCHISE
REGULATION
Item #16B1
PUBLIC SAFETY EMERGENCY DECLAREDI AUTHORIZATION OF ADDITIONAL TRAFFIC
CONTROL DEVICES FOR THE INTERSECTION OF INDUSTRIAL BOULEVARD (COUNTY
MAINTAINED) AND MERCANTILE AVENUE (NON-COUNTY MAINTAINED)
Item #16B2
BUDGET AMENDMENT FOR ROADWAY AND DRAINAGE REPAIRS TO LYNNMORE LANE IN
PELICAN BAY - IN THE ESTIMATED AMOUNT OF $11,000.00
Item #16B3
WORK ORDER #WMBP-FT-98-4 WITH WILSON, MILLER, BARTON & PEEK, INC. TO
PROVIDE DATA COLLECTION AND INITIAL PERMITTING WORK FOR PROPOSED
IMPROVEMENTS TO THE SABAL PALM ROADWAY EXTENSION ~ IN THE AMOUNT OF
$42,000.00
NO DOCUMENTS RECEIVED AS OF MARCH 15, 1999
Page 127
January 26, 1999
Item #16B4
COOPERATIVE AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT FOR A REPLACEMENT BRIDGE AT BROKEN BACK ROAD OVER THE
COCOHATCHEE CANAL
Page 12 8
THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO TI-HS AGREEMENT WITH:
N e: COLLmR COt VVOF cot rvC-9039
COMMISSIONERS
Address: 3301 Tamiami Trail E M/WBE Goal: 0%
Naples, FL 33962-4996 COST SHARING INFORMATION
Project Manager: Edward Kant Total Project Cost: $ 210,000.00
Telephone No: (941) 774-8494
Fax No: (941) 774- 5375 COUNTY Contribution: $ 35,000.00
!tereinafter referred to as: COUNTY
PROJECT TITLE: BROKEN BACK ROAD BRIDGE REPLACEMENT
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable Exhibit "H" - Not Applicable
Exhibit "B" - General Terms and Conditions Exhibit "r' - Not Applicable
Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable
Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable
Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable
Exhibit "G" - Not Applicable
TOTAL DISTRICT CONSIDERATION: $175,000.00 AGREEMENT TYPE: Not-to-Exceed
Multi-Year Funding (If Applicable)
Fiscal Year: Fiscal Year:
Fiscal Year: Fiscal Year:
Fiscal Year: Fiscal Year:
'Subject to District Governing Board Annual Budget Approval
AGREEMENT TERM: 2 years EFFECTIVE DATE: Last Date of Execution by the Parties
District Project Manager: Robert A. Laura District Contract Administrator:
Telephone No: (561) 682-6238 Jim Robinson (561) 682-6373
Fax No. ( ) Fax No.: (561) 682-6397 or (561) 681-6275
SUBMIT INVOICES AND NOTICES TO THE DISTRICT SUBMIT NOTICES TO THE COUNTY AT:
AT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
South Florida Water Management District 3301 Tan~iami Trail E
3301 Gun ClubRoad Naples, FL 33962-4996
West Palm Beach, Florida 33416-4680 Attention: Edward Kant
Attention: Procurement Division
IN WITNESS WI-IEREOF, the authorized representative hereby executes this AGREEMENT on tl-ds date, and accepts all Terms and
Conditions under wl~ich it is issued.
COLLIER COUN BOARD OF COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT
COMMISSION . ' ~ ,, B.L~S GOVERNING BOARD
~" .-:,.. :,-r'-- ~:~.s~, ~.~-..,r.o' Ch~i $ " ' ' ,
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIB T
I NDI
GENERAL TERMS AND CO TIONS
ARTICLE 1 - STATEMENT OF WORK this AGREEMENT to the contrary. The DISTRICT
will notify the COUNTY in writing after the adoption
1.1 The COUNTY shall, to the satisfaction of the of the final DISTRICT budget for each subsequent
DISTRICT, fully and timely perform all work items fiscal year if funding is not approved for this
described in the "Statement of Work," attached hereto AGREEMENT.
as Exhibit "C" and made a part of this AGREEMENT.
2.3 The COUNTY assumes sole responsibility for
1.2 As part of the services to be provided by the all work which is performed pursuant to the Statement
COUNTY under this AGREEMENT, the COUNTY of Work, Exhibit "C". By providing funding
shall substantiate, in whatever forum reasonably hereunder, the DISTRICT does not make any
requested by the DISTRICT, the methodology, lab warranty, guaranty, or any representation whatsoever
analytical examinations, scientific theories, data, regarding the correctness, accuracy, or reliability of any
reference materials, and research notes. The of theworkperformedhereunder.
COUNTY shall also be required to substantiate any
and all work completed, including but not limited to, 2.4 The COUNTY by executing this
work completed by subcontractors, assistants, AGREEMENT, certifies to truth-in-negotiation,
models, concepts, analytical theories, computer specifically, that wage rates and other factual unit costs
programs and conclusions utilized as the basis for the supporting the consideration are accurate, complete,
final work product required by the AGREEMENT. and current at the time of contracting. The COUNTY
This paragraph shall survive the expiration or agrees that the DISTRICT may adjust the
termination of this AGREEMENT. consideration for this AGREEMENT to exclude any
significant sums by which the consideration was
1.3 The parties agree that time is of the essence in increased due to inaccurate, incomplete, or non-current
the performance of each and every obligation under wage rates and other factual unit costs. The
this AGREEMENT. DISTRICT shall make any such adjustment within one
(1) year following the expiration or termination of this
ARTICLE 2 - COMPENSATION/ AGREEMENT.
CONSIDERATION ARTICLE 3 - INVOICING AND PAYMENT
2.1 The total consideration for all work required
by the DISTRICT pursuant to this AGREEMENT 3.1 The COUNTY's invoices shall reference the
shall not exceed the amount as indicated on Page 1 of DISTRICT's Contract Number and shall be sent to the
this AGREEMENT. Such amount includes all DISTRICT's address specified on Page 1 of this
expenses which the COUNTY may incur and AGREEMENT. The COUNTY shall not submit
therefore no additional consideration shall be invoices to any other address at the DISTRICT.
authorized.
3.2 The COUNTY shall submit the invoices on a
2.2 Notwithstanding the foregoing, the amount completion of deliverable basis, pursuant to the
expended under this AGREEMENT shall be paid in schedule outlined in the Payment and Deliverable
accordance with, and subject to the multi-year funding Schedule, attached hereto as Exhibit "D" and made a
allocations for each DISTRICT fiscal year indicated part of this AGREEMENT. In the event the
on Page 1 of this AGREEMENT. Funding for each schedule does not specify payment on a completion of
applicable fiscal year of this AGREEMENT is subject deliverable basis, all invoices shall be substantiated
to DISTRICT Governing Board budgetary by adequate supporting documentation to justify
appropriation. In the event the DISTRICT does not hours expended and expenses incurred within the not-
approve fundit~g ;,ear arty subsequent fiscal year, this to-exceed budget, including but not limited to, copies
A. GRIE~ shall terminate upon expenditure of of approved timesheets, payment vouchers, expense
the current funding, notwithstanding other provisions in reports, receipts and subcontractor invoices.
Page 1 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
E IT "B"
:J A N
GENERAL TERMS ND CONDITIONS
3.3 The DISTRICT shall pay the full amount of the ARTICLE 5 - INSURANCE
invoice within thirty (30) days following DISTRICT
acceptance of services and/or deliverable(s) required 5.1 The COUNTY assumes any and all risks of
by this AGREEMENT. However, failure by the personal injury, bodily injury and property damage
COUNTY to follow the foregoing instructions and attributable to the negligent acts or omissions of the
submit acceptable services and or deliverables(s) may COUNTY and the officers, employees, servants, and
result in an unavoidable delay of payment by the agents thereof. The COUNTY warrants and
DISTRICT. represents that it is self-funded for Worker's
compensation and liability insurance, covering at a
3.4 Unless otherwise stated herein, the DISTRICT minimum bodily injury, personal injury and property
shall not pay for any obligation or expenditure made damage with protection being applicable to the
by the COUNTY prior to the commencement date of COUNTY's officers, employees, servants and agents
this AGREEMENT. while acting within the scope of their employment
during performance under this AGREEMENT. The
ARTICLE 4- PROJECT MANAGEMENT/ COUNTY and the DISTRICT further agree that
NOTICE nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy
4.1 The parties shall direct all technical matters or defense available to such party under the laws of
arising in connection with the performance of this the State of Florida; (2) the consent of the State of
AGREEMENT, other than invoices and notices, to the Florida or its agents and agencies to be sued; or (3) a
attention of the respective Project Managers specified waiver of sovereign immunity of the State of Florida
on Page 1 of the AGREEMENT for attempted beyond the waiver provided in Section 768.28,
resolution or action. The Project Managers shall be Florida Statutes.
responsible for overall coordination and oversight
relating to the performance of this AGREEMENT. 5.2 In the event the COUNTY subcontracts
The COUNTY shall direct all administrative matters, any part or all of the work hereunder to any third
including invoices and notices, to the attention of the party, the COUNTY shall require each and every
DISTRICT's Contract Administrator specified on subcontractor to identify the DISTRICT as an
Page 1 of theAGREEMENT. additional insured on all insurance policies as
required by the COUNTY. Any contract awarded by
All formal notices between the parties under this the COUNTY for work under this AGREEMENT
AGREEMENT shall be in writing and shall be shall include a provision whereby the COUNTY's
deemed received if sent by certified mail, return receipt subcontractor agrees to defend, indemnify, and pay
requested, to the respective addresses specified on Page on behalf, save and hold the DISTRICT harmless
1 of the AGREEMENT. The COUNTY shall also from all damages arising in connection with the
provide a copy of all notices to the DISTRICT's COUNTY's subcontract.
Project Manager. All notices required by this
AGREEMENT shall be considered delivered upon
receipt. Should either party change its address, written ARTICLE 6 - TERMINATION/REMEDIES
notice of such new address shall promptly be sent to the
other party. 6.1 If either party fails to fulfill its obligations under
this AGREEMENT in a timely and proper manner, the
All correspondence to the DISTRICT under this other party shall have the right to terminate this
AGREEMENT shall reference the DISTRICT*s AGREEMENT by giving written notice of any
Contract Number specified on Page 1 of the deficiency. The party in default shall then have ten
AGREEMENT. (10) calendar days from receipt of notice to correct the
deficiency. If the defaulting party fails to correct the
deficiency within this time, the non-defaulting party
Page 2 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EHI IT "B"
BA J A N 2 61 1999
GENERAL TERMS ND CONDITIONS
shall have the option to terminate this AGREEMENT The mediation process shall be confidential to the
at the expiration of the ten (10) day time period. extent permitted by law.
Should the DISTRICT elect to terminate for default in
accordance with this provision, the DISTRICT shall 6.5 The DISTRICT may order that all or part of the
be entitled to recover reprocurement costs, in addition work stop if circumstances dictate that this action is in
to all other remedies under law and/or equity. the DISTRICT's best interest. Such circumstances
may include, but are not limited to, unexpected
6.2 The DISTRICT may terminate this technical developments, direction given by the
AGREEMENT with or without cause at any time for DISTRICT's Governing Board, a condition of
convenience upon thirty (30) calendar days prior immediate danger to DISTRICT employees, or the
written notice to the COUNTY. The performance of possibility of damage to equipment or property. This
work under this AGREEMENT may be terminated by provision shall not shift responsibility for loss or
the DISTRICT in accordance with this clause in damage, including but not limited to, lost profits or
whole, or from time to time in part, whenever the consequential damages sustained as a result of such
DISTRICT shall determine that such termination is in delay, from the COUNTY to the DISTRICT. If this
the best interest of the DISTRICT. Any such provision is invoked, the DISTRICT shall notify the
termination shall be effected by delivery to the COUNTY in writing to stop work as of a certain date
COUNTY of a Notice of Termination specifying the and specify the reasons for the action, which shall not
extent to which performance of work under the be arbitrary or capricious. The COUNTY shall then
AGREEMENT is terminated, and the date upon which be obligated to suspend all work efforts as of the
such termination becomes effective. effective date of the notice and until further written
direction from the DISTRICT is received. Upon
In the event of termination for convenience, the resumption of work, if deemed appropriate by the
DISTRICT shall compensate the COUNTY for all DISTRICT, the DISTRICT shall initiate an
authorized and accepted deliverables completed amendment to this AGREEMENT to reflect any
through the date of termination in accordance with changes to Exhibit "C", Statement of Work and/or the
Exhibit "C", Statement of Work. The DISTRICT shall project schedule.
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and 6.6 The DISTRICT anticipates a total project cost
consequential damages, under this AGREEMENT. as indicated on Page 1, with the balance of matching
The DISTRICT may withhold all payments to the funds and/or in-kind services to be obtained from the
COUNTY for such work until such time as the COUNTY in the amount as specified on Page 1 of this
DISTRICT determings the exact amount due to the AGREEMENT. In the event such COUNTY
COUNTY. matching funding and/or in-kind services becomes
unavailable, that shall be good and sufficient cause for
6.3 If either party iniliates legal action, including the DISTRICT to terminate the AGREEMENT
appeals, to enforce this AGREEMENT, the prevailing pursuant to Paragraph 6.2 above.
party shall be entitled to recover a reasonable attorney's
fee, based upon the fair market value of the services
provided. ARTICLE 7 - RECORDS RETENTION/
OWNERSHIP
6.4 In the event a dispute arises which the project 7.1 The COUNTY shall maintain records and the
managers cannot resolve between themselves, the DISTRICT shall have inspection and audit rights as
parties shall have the option to submit to non-binding follows:
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the cost A. Maintenance of Records: The COUNTY
of the mediation shall be borne equally by the parties. shall maintain all financial and non-financial records
Page 3 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT""
B TI i 999
GENERAL TERMS AND CONDI ONS
and reports directly or indirectly related to the additional consideration by the DISTRICT. The
negotiation or performance of this AGREEMENT COUNTY may not disclose, use, license or sell any
including supporting documentation for any service work developed, created, or otherwise originated
rates, expenses, research or reports. Such records shall hereunder to any third party whatsoever. This
be maintained and made available for inspection for a paragraph shall survive the termination or expiration
period of five years from completing performance and of this AGREEMENT.
receiving final payment under this AGREEMENT.
7.3 The COUNTY represents and warrants that
B. Examination of Records: The DISTRICT proprietary software, if any, to be provided to the
or its designated agent shall have the right to examine DISTRICT by the COUNTY hereunder, as
in accordance with generally accepted governrnental specifically identified in Exhibit "C", Statement of
auditing standards all records directly or indirectly Work shall have been developed solely by or for the
related to this AGREEMENT. Such examination may COUNTY, or lawfully acquired under license from a
be made only within five years from the date of final third party, including the right to sublicense such
payment under this AGREEMENT and upon software. The COUNTY shall include copyright or
reasonable notice, time and place. proprietary legends in the software and on the label of
the medium used to transmit the software. The
C. Extended Availability of Records for Legal COUNTY shall grant to the DISTRICT a perpetual,
Disputes: In the event that the DISTRICT should non-transferable, non-exclusive right to use the
become involved in a legal dispute with a third party identified software without an additional fee. The
arising from performance under this AGREEMENT, DISTRICT acknowledges that title to the software
the COUNTY shall extend the period of maintenance identified in Exhibit "C" shall remain with the
for all records relating to the AGREEMENT until the Licensor.
final disposition of the legal dispute, and all such
records shall be made readily available to the 7.4 Any equipment purchased by the COUNTY
DISTRICT. with DISTRICT funding under this CONTRACT
shall be returned and title transferred from the
7.2 The DISTRICT shall retain exclusive title, COUNTY to the DISTRICT immediately upon
copyright and other proprietary rights in all work items, termination or expiration of this AGREEMENT
including but not limited to, all documents, technical upon the written request of the DISTRICT not less
reports, research notes, scientific dam, computer than thirty (30) days prior to AGREEMENT
programs, including the source and object code, expiration or termination. Equipment is hereby
which are developed, created or otherwise originated defined as any non-consumable items purchased by
hereunder by the COUNTY, its subcontractor(s), the DISTRICT with a value equal to or greater than
assign(s), agent(s) and/or successor(s) as required by $500.00 and with a normal expected life of one (1)
the Exhibit "C", Statement of Work (the "Work"). In year or more. The COUNTY will maintain any such
consideration for the DISTRICT entering into this equipment in good working condition while in its
AGREEMENT, and other good and valuable possession and will return the equipment to the
consideration the sufficiency and receipt in full of DISTRICT in good condition, less normal wear and
which is hereby acknowledged by the COUNTY, the tear. The COUNTY will use its best efforts to
COUNTY hereby assigns, transfers, 'sells and safeguard the equipment throughout the period of
otherwise grants to the DISTRICT any and all rights performance of this AGREEMENT. However the
it now has or may have in the Work (the "Grant"). DISTRICT will not hold the COUNTY liable for
This Grant shall be self-operative upon execution by loss or damage due to causes beyond the COUNTY's
the parties hereto, however the COUNTY agrees to reasonable control. In the event of loss or damage,
exec~e ~n~t detb',~ ro the DISTRICT any further the COUNTY shall notify the DISTRICT in writing
assignments or other instruments necessary to within five (5) working days of such occurrence.
evidence the Grant, without the payment of any
Page 4 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXtfiB T "B" jAN 2 6 1999
I IT
GENERAL TERMS AND COND IONS ' -
7.5 The DISTRICT has acquired the fight to use on the convicted vendor list. The COUNTY further
certain software under license from third parties. For understands and accepts that this AGREEMENT shall
purposes of this AGREEMENT, the DISTRICT be either void by the DISTRICT or subject to
may permit the COUNTY access to certain third immediate termination by the DISTRICT, in the event
party owned software on DISTRICT computer there is any misrepresentation or lack of compliance
systems. The COUNTY acknowledges the with the mandates of Section 287.133, Florida Statutes.
proprietary nature of such software and agrees not to The DISTRICT, in the event of such termination,
reproduce, distribute or disclose such software to any shall not incur any liability to the COUNTY for any
third party. Use of or access to such software shall be work or materials furnished.
restricted to designated DISTRICT owned systems
or equipment. Removal of any copy of licensed 8.5 The COUNTY shall be responsible and liable
software is prohibited. for the payment of all of its F/CA/Social Security and
other applicable taxes resulting from this
AGREEMENT.
ARTICLE 8 - STANDARDS OF
COMPLIANCE 8.6 The COUNTY warrants that it has not
employed or retained any person, other than a bona fide
8.1 The COUNTY, its employees, subcontractors employee working solely for the COUNTY, to solicit
or assigns, shall comply with all applicable federal, or secure this AGREEMENT. Further the COUNTY
state, and local laws and regulations relating to the warrants that is has not paid or agreed to pay any
performance of this AGREEMENT. The DISTRICT person, other than a bona fide employee working solely
undertakes no duty to ensure such compliance, but will for the COUNTY, any fee, commission, percentage,
attempt to advise the COUNTY, upon request, as to gift, or other consideration contingent upon or resulting
any such laws of which it has present knowledge. from the awarding or making of this AGREEMENT.
For breach of this provision, the DISTRICT may
8.2 The COUNTY hereby assures that no person terminate this AGREEMENT without liability and, at
shall be discriminated against on the grounds of race, its discretion, deduct or otherwise recover the full
color, creed, national origin, handicap, age, or sex, in amount of such fee, commission, percentage, gift, or
any activity under this AGREEMENT. The other consideration.
COUNTY shaft take all measures necessary to
effectuate these assurances. 8.7 The COUNTY shall allow public access to all
project documents and materials in accordance with the
8.3 The la~s of lhe State of Florida shall govern all provisions of Chapter 119, Florida Statutes. Should the
aspects of ~his AGREEMENT. In the event it is COUNTY assert any exemptions to the requirements
necessary 'for either party to initiate legal action of Chapter 119 and related Statutes, the burden of
regarding thLs AGREEMENT, venue shall be in the establishing such exemption, by way of injunctive or
Fifteenth Judicial L'~ttit for claims under state law and other relief as provided by law, shall be upon the
in the Southern D~s~ct of Florida for any claims which COUNTY.
are justiciable in federal court.
8.7.1 Pursuant to Sections 119.07(3)(o), and
8.4 The COUNTY, by its execution of this 240.241 Florida Statutes, data processing software
AGREEMENT, acknowledges and attests that neither obtained by an agency under a license
it, nor any of its suppliers, subcontractors, or AGREEMENT which prohibits its disclosure and
consultants who shall perform work which is intended which software is a trade secret, as defined in
to benefit the DISTRICT is a convicted vendor or, if Sections 812.081(c), Florida Statutes is exempt from
the COUNTY or any affiliate of the COUNTY has the disclosure provisions of the Public Records law.
been convicted of a public entity crime, a period longer However, the parties hereto agree that if a request is
than 36 months has passed since that person was placed made of the DISTRICT, pursuant to Chapter 119,
Page 5 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
I
EXHIB T
GENERAL TERMS AND CONDITIONS J,t~N ?
Florida Statute, for public disclosure of proprietary COUNTY and the DISTRICT. No person or entity
property being licensed to the COUNTY (Licensee) other than the COUNTY or the DISTRICT shall have
hereunder, the DISTRICT shall advise the any rights or privileges under this AGREEMENT in
COUNTY (Licensee) of such request and, as any capacity whatsoever, either as third-party
between the DISTRICT and the COUNTY beneficiary or otherwise.
(Licensee), it shall be the COUNTY's (Licensee's)
sole burden and responsibility to immediately seek 9.3 The COUNTY shall not assign, delegate, or
and obtain such injunctive or other relief from the otherwise transfer its rights and obligations as set forth
Courts and to immediately serve notice of the same in this AGREEMENT without the prior written
upon the Licensor to protect the Licensor's claimed consent of the DISTRICT. Any attempted assignment
exemption under the Statute. in violation of this provision shall be void.
8.8 The COUNTY shall make reasonable efforts 9.4 The COUNTY shall not pledge the
to obtain any necessary federal, state, local, and other DISTRICTs credit or make the DISTRICT a
governmental approvals, as well as all necessary guarantor of payment or surety for any
private authorizations and permits, prior to the AGREEMENT, debt, obligation, judgement, lien, or
commencement of performance of this any form of indebtedness.
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by the COUNTY for 9.5 The DISTRICT assumes no duty withregard to
additional compensation. If the COUNTY is unable the supervision of the COUNTY and the COUNTY
to obtain all necessary permits in a timely manner, shall remain solely responsible for compliance with all
either party may elect to terminate this safety requirements and for the safety of all persons and
AGREEMENT, each party to bear its own costs, property at the site of AGREEMENT performance.
notwithstanding other provisions of this
AGREEMENT to the contrary.
ARTICLE 10 - M/WBE PARTICIPATION
8.9 Pursuant to Section 216.347, F.S., the
COUNTY is prohibited from the expenditure of any 10.1 The COUNTY hereby acknowledges that no
funds under this AGREEMENT to lobby the Minority andWomenBusinessEnterprises(M/WBE)
Legislature, the judicial branch, or another state agency. participation goal has been established for this
AGREEMENT; however, both parties agree to
provide the other advance notice of competitive
ARTICLE 9 - RELATIONSHIP BETWEEN contracts that may result from this AGREEMENT
THE PARTIES along with timelines for public notice and award of
such contracts. In the event subsequent competitive
9.1 The COUNTY shall be considered an contract awards do result in M/WBE participation,
independent contractor and neither party shall be such participation shall be reported to the other party.
considered an employee or agent of the other party. Both the COUNTY and the DISTRICT will ensure
Nothing in this AGREEMENT shall be interpreted to compliance with the provisions of their respective
establish any relationship other than that of program, laws, ordinances and policies and will
independent contractor between the parties and their support the other's initiatives to the extent allowed by
respective employees, agents, subcontractors, or law.
assigns during or after the performance on this
AGREEMENT. Both parties are free to enter into
contracts with other parties for similar services. ARTICLE 11 - YEAR 2000 COMPLIANCE
9.2 It is ~e intent and understanding of the Parties In the event that the COUNTY's performance, as
that this AGREEMENT is solely for the benefit of the required by this AGREEMENT, involves the use
Page 6 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
SOUTH FLORIDA WATER?NAGEMENT DISTRICT
EXHIB T "B" ~
GENERAL TERMS ND COND TIONS ,)AN 7 ~ !999
and/or delivery of a software, firmware and/or firmware and/or hardware and diagnose and correct
hardware product of any kind, the following language Year 2000 Compliance problems that may exist with
in this Article 11 shall apply: either the software, firmware and/or hardware, (iii)
and, if deemed necessary by the DISTRICT,
11.1 COUNTY represents and warrants that the replacement software, firmware and/or hardware
software, firmware and/or hardware is designed to be which is compliant with this Year 2000 Compliance
used prior to, during, and after the calendar year 2000 Warranty.
A.D., and that the software, fu-mware and/or
hardware will operate during each such time period 11.4 If this AGREEMENT involves the purchase
without error relating to date data, specifically and/or license and/or receipt of a software, firmware
including any error relating to, or the product of, date and/or hardware product of any kind previously
data which represents or references multiple developed by the COUNTY or other third party, and
centuries. in the event fixes, corrections and updates of the
software are not technically feasible, the COUNTY
11.2 Without limiting the generality of the shall accept the return of the software, f'trmware
foregoing, COUNTY further represents and warrants: and/or hardware if this Year 2000 Compliance
1) that the software, firmware and/or hardware will Warranty is breached, and terminate any and all
not abnormally end or provide invalid or incorrect applicable Schedules and/or License Agreements.
results of date data, specifically including date data Further, the COUNTY shall refund to the
which represents or references multiple centuries; 2) DISTRICT the full amount of the License Fee
that the software, firmware and/or hardware has been actually paid to the COUNTY for the software; and,
designed to ensure Year 2000 Compliance, including, in the case of hardware return, the COUNTY shall
but not limited to, date data century recognition, refund to the DISTRICT the full amount of the
calculations which accommodate same century and hardware actually paid to the COUNTY by the
multiple century formulas and date values, and date DISTRICT. In addition to the foregoing, the
data interface values that reflect the century; and 3) COUNTY shall refund to the DISTRICT all
that the software, firmware and/or hardware includes maintenance fees paid by the DISTRICT, if any, for
Year 2000 Compliance. For the purposes of this on-going support, new software releases and product
AGREEMENT, Year 2000 Compliance also means updates. All such refunds shall be made to the
that the software, firmware and/or hardware will: DISTRICT. Notwithstanding any other provision in
the AGREEMENT to the contrary, the DISTRICT
(i) manage and manipulate data involving hereby reserves all rights to obtain all remedies to the
dates and leap year calculations, including single fullest extent of the law, without any limitation
century formulas and multi-century formulas, and will whatsoever, as may be determined by a court of
not cause an abnormally ending scenario within the competent jurisdiction (including damages and
application or generate incorrect values or invalid equitable relieD.
results involving such dates; and
11.5 The term Year 2000 Compliance Warranty
(ii) provide that all date-related user interface shall mean, collectively, the warranties set forth
functionalities and data fields include the indication herein. This Article 1 I, in its entirety, shall survive
of century. the expiration or termination of this AGREEMENT.
11.3 Included as part of this Year 2000 Compliance
Warranty, COUNTY shall provide to the
DISTRICT, at no additional charge with, (i) fixes, ARTICLE 12 - GENERAL PROVISIONS
corrections and updates to the software, firmware
· ,me/'¢~ bax~v/~u-e that are necessary to ensure Year 12.1 Notwithstanding any provisions of this
2000 Compliance as defined herein, and (ii) advice, AGREEMENT to the contrary, the parties shall not be
consultation and assistance to use the software,
Page 7 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBI "B"
T T
GENERAL EliMS AND CONDITIONS ).t~ ? 6 !999
held liable for any failure or delay in the performance 12.5 This AGREEMENT may be amended only
of this AGREEMENT that arises from fires, floods, with the written approval of the parties hereto.
strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of 12.6 This AGREEMENT states the entire under-
Government, riots, civil commotion, force majeure, act standing and AGREEMENT between the parties and
of God, or for any other cause of the same character supersedes any and all written or oral representations,
which is unavoidable through the exercise of due care statements, negotiations, or contracts previously
and beyond the control of the parties. Failure to existing between the parties with respect to the subject
perform shall be excused during the continuance of matter of this AGREEMENT. The COUNTY
such circumstances, but this AGREEMENT shall recognizes that any representations, statements or
otherwise remain in effect. This provision shall not negotiations made by DISTRICT staff do not suffice
apply if the "Statement of Work" of this to legally bind the DISTRICT in a contractual
AGREEMENT specifies that performance by relationship unless they have been reduced to writing
COUNTY is specifically required during the and signed by an authorized DISTRICT
occurrence of any of the events herein mentioned. representative. This AGREEMENT shall inure to the
benefit of and shall be binding upon the parties, their
12.2 In the event any provisions of this respective assigns, and successors in interest.
AGREEMENT shall conflict, or appear to conflict,
the AGREEMENT, including all exhibits, attachments
and all documents specifically incorporated by ARTICLE13 - SAFETY REQUIREMENTS
reference, shall be interpreted as a whole to resolve any
inconsistency. 13.1 The COUNTY shall require appropriate
personal protective equipment in all operations where
12.3 Failures or waivers to insist on strict there is exposure to hazardous conditions.
performance of any covenant, condition, or provision
of this AGREEMENT by the parties, their successors 13.2 The COUNTY shall instruct employees
and assigns shall not be deemed a waiver of any of its required to handle or use toxic materials or other
fights or remedies, nor shall it relieve the other party harmful substances regarding their safe handling and
from performing any subsequent obligations strictly in use, including instruction on the potential hazards,
accordance with the terms of this AGREEMENT. No personal hygiene and required personal protective
waiver shatl be effective unless in writing and signed measures. A Material Safety Data Sheet (MSDS)
by the patty against whom enforcement is sought. Such shall be provided by the COUNTY to the
waiver shall be limited to provisions of this DISTRICT on each chemical product used.
AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision. 13.3 The COUNTY shall comply with the
No waiver .shall constitute a continuing waiver unless standards and regulations set forth by the
the writing states otherwise. Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and
12.4 Should any term or provision of this Employment Security and all other appropriate
AGREEMENT be held, to any extent, invalid or federal, state, local or DISTRICT safety and health
unenforceable, as against any person, entity or standards.
circumstance during the term hereof, by force of any
statute, law, or ruling of any forum of competent 13.4 It is the COUNTY's sole duty to provide safe
jurisdiction, such invalidity shall not affect any other and healthful working conditions to its employees and
term or provision of this AGREEMENT, to the extent those of the DISTRICT on and about the site of
that the AGREEMENT shall remain operable, AGREEMENTperformance.
enforceable and in full force and effect to the extent
permitted by law. 13.5 The COUNTY shall initiate and maintain an
Page 8 of 9, Exhibit "B"
Contract File:\County.doc I0/29/98
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBI "B" )A~ '~ ~ ~'999
T I
GENERAL TERMS AND COND TIONS '
accident prevention program which shall include, but COUNTY shall be responsible for handling these
shall not be limited to, establishing and supervising chemical constituents in accordance with federal,
programs for the education and training of employees state and local regulations during the terms of the
in the recognition, avoidance, and prevention of AGREEMENT. For accidental discharges or
unsafe conditions and acts. releases onto the floor, air, ground, surface waters,
ground waters, it shall be the COUNTY's sole
13.6 The COUNTY shall erect and maintain, as responsibility to respond immediately to clean the
required by existing conditions and performance of site, at his expense, to the complete satisfaction of
the AGREEMENT, reasonable safeguards for safety federal, state, local regulatory agencies and to the
and protection, including posting of danger signs and DISTRICT requirements.
other warnings, against hazards.
13.12 The DISTRICT may order the COUNTY to
13.7 The COUNTY shall take reasonable halt operations under the AGREEMENT, at the
precautions for safety of, and shall provide reasonable COUNTY's expense, if a condition of immediate
protection to prevent damage, injury, or loss to: danger to the public and/or DISTRICT employees,
equipment, or property exist. This provision shall not
13.7.1 employees on the work and other shift the responsibility or risk of loss for injuries or
persons who may be affected thereby; including damage sustained from the COUNTY to the
pedestrians, visitors, or traveling public; DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
13.7.2 the work, materials, and equipment to local safety requirements, provisions of this section,
be incorporated therein; whether in storage on or off and safety of all persons and property on or about the
the site, under care, custody or control of the site.
COUNTY, or the COUNTY's subcontractors; and
13.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement, roadways, structures, building, vehicles,
and equipment not designated for removal, relocation
or replacement in the course of work.
13.8 The COUNTY shall provide first aid services
and medical care to its employees.
13.9 The COUNTY shall develop and maintain an
effective fire protection and prevention procedures
and good housekeeping practices on the work site
throughout the AGREEMENT.
13.10 Emergencies: In emergency affecting safety of
persons or property on or about the site or as a result
of the work; the COUNTY shall act, timely and with
due diligence, to prevent threatened damage, injury,
or loss.
13.1,1 Environmental: When the COUNTY,
COENTI"s suLY. ontractors, or subcontractors, use
petroleum products, hazardous chemicals, or any
other chemicals used on or about the site, the
Page 9 of 9, Exhibit "B"
Contract File:\County.doc 10/29/98
EXHIBIT "C"
STATEMENT OF WORK
BROKEN BACK ROAD BRIDGE REPLACEMENT
1.0 BACKGROUND
The South Florida Water Management District (the District) is currently undertaking a four phase
water management improvement plan in the Cocohatchee Canal Watershed in the Big Cypress
Basin. The Cocohatchee Canal is adjacent to Immokalee Road in Collier County, Florida. The
purpose of this improvement plan is to prevent salt water intrusion, reduce overdrainage in the
watershed, and enhance flood protection. The Cocohatchee Canal drains a watershed of
approximately 186 square miles, consisting of mixed development, agriculture, and natural areas.
The water resources of the Cocohatchee Canal Basin are unique in that they include the sensitive
environmental corridor of the Bird Rookery Swamp, Corkscrew Marsh, and Corkscrew Sanctuary.
Phase 1 was completed in 1994 and consisted of construction of one water control structure
(salinity barrier), and improvements to approximately 2,000 linear feet of canal in the westem
portion of the canal. Phase 2 is ongoing and consists of construction of a second water control
structure, and improvements to approximately 6,000 linear feet of canal in between Structure
Number 1 and Structure Number 2. Remaining Phase 2 improvements include replacement of the
Palm River Boulevard bridge and one utility crossing. Phase 3 is currently in the design stage and
includes construction of a third water control structure and improvements to approximately 5.5
linear miles of canal. Phase 4 is currently in the planning stage and will include improvements to
approximately 4.5 linear miles of canal.
The Collier County Board of Commissioners (County) is planning and designing improvements to
Immokalee Road and a portion of County Road 951 at its intersection with Immokalee Road to
meet the desired access and traffic requirements.
The objectives for this contract are to replace the culverts crossing the Cocohatchee Canal at
Page 1 of 5, Exhibit C, Agreement No. C-9039
J A ~ 2 8
Broken Back Road with a larger bridge crossing the canal as part of the Phase 3 Improvements.
The existing culvert crossing is located in the southwest comer of Section 23, Township 48 south,
Range 26 east. There is a 30 feet wide public roadway easement (O. R. Book 149, Pg. 489) along
the east 30 feet of Section 22, Township 48 south, Range 26 east. The new bridge should meet the
requirements identified in the Scope of Services, Section 2.0. This bridge replacement was
identified in an H/H study of the Cocohatchee Canal conducted by the South Florida Water
Management District in February 1997.
2.0 SCOPE OF WORK
The scope of work is broken down into specific tasks to identify the responsibilities of each party.
Task 1 - Spoil Disposal Site
This task consists of selecting and acquiring a site for the disposal of excess spoil material obtained
by the bridge/roadway removal outlined in Task 4. Any excess materials shall not be deposited
within the canal fight of way, and shall not constrict the canal conveyance. The County shall be
responsible for obtaining and funding a suitable disposal site.
Task 2 - Permitting
This task consists of obtaining the necessary regulatory permits, construction easements and access
to complete the remaining tasks. The County shall be responsible for all funding and other
technical aspects of this Task subject to provisions of this Agreement and requirements of all other
tasks.
Page 2 of 5, Exhibit C, Agreement No. C-9039
Task 3 - Engineering Design
This task consist of the engineering and design work to prepare a set of construction plans and
specifications for a new canal crossing. The County shall be responsible for this task subject to
provisions of this Agreement and description of the other Tasks herein subject to provisions of this
Agreement. The new bridge design shall meet the hydraulic conditions required to provide the
desired level of flood
protection. The canal and new bridge structure shall be able to convey a flow,
230
of q~-l' cubic feet per second with a water surface e evation not higher then 13 feet NGVD an
energy head losses not more than 0.05 feet. The low member of the bridge should have a minimum
elevation of 15.85 feet NGVD. The new bridge shall have one northbound and one southbound
traffic lanes and shall meet COUNTY codes and transportation requirements in effect at
commencement of this agreement.
Task 4 - Removal of Existing Structure and Excavation
This task involves the removal of the existing culverts and the canal excavation required to obtain
the desired cross-sections. The County shall be responsible for culvert removal and excavation.
The County shall be responsible for the relocation of any utilities that cross or enter the
Cocohatchee Canal right of way at this location including, but not limited to, electric lines,
telephone, cable TV, water and sewer lines, drainage structures, street lights, and signs.
The new canal cross section shall be excavated underneath the footprints of the existing culverts
and new bridge, and a transition to the existing canal cross sections to the east and west. The new
cross-section shall have a trapezoidal shape, a bottom width of 35 feet, two horizontal to one
vertical side slopes (2:1), and a bottom elevation of 7.5 feet NGVD. The cente~ine of this
trapezoid shall be 12.5 feet south of the cente~ine of the canal right of way.
Page 3 of 5, Exhibit C, Agreement No. C-9039
Task 5 - Construction of New Bridge
This Task consists of constructing a new roadway crossing on the Cocohatchee Canal to replace the
existing structure according to the plans and specifications developed in Task 3. The County shall
be responsible for this task. The District shall reimburse the County for the construction costs of
the new bridge, culvert removal and excavation up to $175,000.00 or the actual construction cost,
whichever is less. The District will make one lump sum payment after removal of the existing
structure and after completion of the new structure. The County shall provide all necessary
documentation for confirmation of construction cost and construction completion of this crossing to
the District to verify the amount due to the County. The County shall have all responsibility for
access and traffic circulation related to culvert removal and new construction.
Task 6 - DISTRICT Right of Way Permit
The County shall obtain a District right of way permit to operate and maintain a canal crossing and
any appurtenant facilities that may encroach within the District right of way. Within thirty (30)
days of the completion of the construction of the bridge and roadway crossing as outlined in Task 5
and acceptance by the District, the County shall file an application for a right of way permit
pursuant to Chapter 373.085, Florida Statutes. The County shall be responsible for the
completeness of the application and provide such information as is reasonably necessary to
complete the application. The District shall issue a right of way occupancy permit to the County
within 90 days of a complete application which is in conformance with applicable District rules and
criteria, and the County shall accept the permit and any conditions. Any application processing fees
applicable to the right of way occupancy permit are waived. However, the County shall be
responsible for any fees associated with any future permit modifications.
Page 4 of 5, Exhibit C, Agreement No. C-9039
!.~ ~ ~ ~q~
3.0 PROJECT ACCEPTANCE
For Tasks 4 and 5 the County project manager shall verify in writing that the work for which the
invoice is rendered has been completed. The County bridge design engineer shall provide final
certification that the work as described and outlined in this Statement of Work is complete in
accordance with the County contract documents and all claims relative to these projects are
satisfied. The County shall provide whatever supporting documentation may be deemed necessary
for the District to verify satisfactory completion, and to support the lump sum payment amounts
specified in Exhibit "D".
Page 5 of 5, Exhibit C, Agreement No. C-9039
j A N 2 ~, !999
EXHIBIT "D"
DELIVERABLES AND PAINT SCHEDULE
BROKEN BACK ROAD BRIDGE REPLACE1VIENT
1.0 DELIVERABLES
The County project manager shall verify in writing that the work has been completed. The County
bridge design engineer shall provide final certification that the work as described and outlined in the
Statement of Work in Exhibit "C" is complete in accordance with the County contract documents
and all claims relative to these projects are satisfied. The County shall submit a single invoice upon
the submission of the final certification. Such invoice shall be substantiated by adequate supporting
documentation to justify hours expended and expenses incurred within the not-to-exceed budget,
including, but not limited to, copies of approved timesheets, payment vouchers, expense reports,
receipts and subcontractor invoices.
2.0 DELIVERABLES AND PAYMENT
Task Description Due Date: Payment2
1 Spoil Disposal Site 12 months 0
2 Permitting 12 months 0
3 Engineering Design 12 months 0
4 Removal of Existing Structure and Excavation 24 months 0
5 Completion of Construction of New Bridge 24 months $175,000
6 District Right of Way Permit 24 months 0
Total] $175,000
~ The due date is expressed in months following the execution of this Agreement
rqo~2 The District shall make a single Not-to-Exceed payment in the amount shown below.
Page 1 of 1, Exhibit D, Agreement No. C-9039
January 26, 1999
Item #16B5 - Moved to Item #8B4
Item #16B6
WORK ORDER WITH WILSON, MILLER, BARTON, PEEK, INC. TO OBTAIN AERIAL
MAPPING OF HALDEMAN AND ROCK CREEK BASINS UTILIZING THE FIXED TERM
ANNUAL CONTRACT PROJECT #31010, WORK ORDER #WM-FT-99-1 - IN THE
AMOUNT OF 35,000.00
NO DOCUMENTS RECEIVED AS OF MARCH 15, 1999
Page 129
January 26, 1999
Item #16B7
BUDGET AMENDMENT TO RE-APPROPRIATE FUNDS FOR THE COMPLETION OF WATER
DEPARTMENT PROJECTS CURRENTLY IN PROGRESS - IN THE AMOUNT OF
$556,594.00
Item #16B8
REJECTION OF BID #98-2832 FOR DEGASIFIER/MEDIAAND HEADER REPLACEMENT
Item #16B9
REJECTION OF BID #98-2815 FOR DOMESTIC WATER METERS - STAFF TO REBID
THIS ITEM
Item #16B10
ADDITION OF 6TH STREET(NAPLES PARE) LOCATION TO BID #98-2882 FOR
CONSTRUCTION OF PATHWAYS
Item #16Bll
LAND PURCHASE AGREEMENT WITH PELICAN RIDGE OF NAPLES ASSOCIATION,
INC., PURSUANT TO EMINENT DOMAIN CASE NO. 95-5071-CA-01-TB FOR THE
RECENTLY CONSTRUCTED VANDERBILT BEACH ROAD FOUR LANDING IMPROVEMENTS
(HAMMOCK OAK DRIVE TO AIRPORT-PULLING ROAD) AND ACCEPTANCE OF
QUITCLAIM DEED
Page 130
PROJECT~ Pelican Ridge
FOLIO NO~ 673907'20004
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between PELICAN RIDGE OF NAPLES
ASSOCIATION, INC., A FLORIDA NOT-FOR PROFIT CORPORATION, (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns (hereinafter referred to as "Purchaser');
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $30,000, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide
3. This Agreement shall II and void, further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, propedy
executed, which either remove or release any and all such liens, encumbrances
or qualifications affecting Purchasers enjoyment of the Property. At Closing,
PurChaser shall deliver the County Warrant to Owner and Owner shall deliver the
conveyance instrument to Purchaser in a form acceptable to Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
J A N 2 6 i99g
Purchase Agreement Page 2
5. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
,
presently are in compliance with all Federal, State and Local environmental laws;
~at no hazardous substances have been generated, stored, treated or
t~ sferred on the Property except as specifically disclosed to the Purchaser; that
the has no knowledge of any spill or environmental law violation on any
pro uous to or in the vicinity of the Property to be sold to the
the Owner has not received notice and otherwise has no
knowledge any spill on the Property, b) any existing or threatened
environmental against the Property or c) any lawsuit, proceeding or
investigation regar ' g the generation, storage, treatment, spill or transfer of
hazardous substance n the Property. This provision shall survive Closing and
is not deemed satisfied b conveyance of title.
7. Owner shall indemnify, def d, save and hold harmless the Purchaser against
and from, and to reimburse the urchaser with respect to, any and all damages,
claims, liabilities, laws, costs d expenses (including without limitation
reasonable paralegal and attorney f and expenses whether in court, out of
court, in bankruptcy or administrative p eedings or on appeal), penalties or
fines incurred by or asserted against the Purc ser by reason or arising out of the
8. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing from mortgagee(s), and recording in the public records of Collier
County, Florida, such full or partial release(s) or satisfaction(s) as are necessary
to convey a clear and marketable title to the Property.
9. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before the Property held in such capacity is
conveyed to Purchaser, its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general
public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement Page 3
this ,19 O}q.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:/- 'g) (d,- q q
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
· :,:~..= ,
· BY:
: Dep'u,ty Clerk Pamela s. HacKle, '
DATED: IZ'ZI
Witness (Signature)
Name: ~~ ~. ~1~
(Print or Type)
Approved as to form and
legal sufficiency:
H'~'lai'r.A~'htgn ' '
Assistant County Attorney
199,0
OFFICE OF CAPITAL PROJECTS
330'1 EAST TAMlAMB TRAIL NAPLES, FLORIDA 34'112
PROJECT NO.
PROJECT PARCEL
TAX PARCEL NO.
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
A PORTION OF BLOCK 2 OF TH~ PLAT THEREOF" PINE RIDGE SECOND
EXTENSION REPLAT", AS RECORDED IN PLAT BOOK 12, PAGES 58 & 58 OF THE
PUBLIC RECORDS OF COLLIER, COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE SOUTHWEST CORNER OF "SUMMERPLACE", A CONDOMINIUM AS
RECORDED IN OFFICIAL RECORD BOOK 873, PAGE 79, OF THE PUBLIC RECORDS OF
COLLIER COUNTY; THENCE NORTH 0 DEGREES 38 MINUTES 54 SECONDS WEST
ALONG THE WEST LINE OF SAID BLOCK 2 A DISTANCE OF 258.27 FEET; THENCE
SOUTH 89 DEGREES 21 MINUTES 06 SECONDS WEST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0 DEGREES 38 MINUTES 54 SECONDS EAST ALONG A LINE LYING
30 FEET WEST, AS MEASURED PERPENDICULAR TO, SAID EAST LINE OF BLOCK 2
A DISTANCE OF 313.27 FEET; THENCE NORTH 89 DEGREES 21 MINUTES 06
SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 38
MlNUTES 54 SECONDS WEST ALONG THE EAST LINE OF SAID BLOCK 2 A DISTANCE
OF 55.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 0.216 ACRE (9,398 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE EAST LINE OF SAID BLOCK 2 BEING
NORTH 00 DEGREES 38 MINUTES 34 SECONDS WEST.
PARCEL SUM. 2
~EF~FESSIONAL LAND SURVEYOR//2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLESf FLORIDA .~4112
· :' '- sHEeT
,i A N ? ~ 199,Q
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
HICKORY ROAD
R=5960'
I /~.~--- (PREVIOUSLY
;¢ ACQUIRED)
I ~ co S.89'21 '26"W.
30.00'
I SUMMERPLACE 1
< ~ CONDO
bJ O.R. 873 PAGE 79
I"' -'
I-- ~3
o
N.89'21 '26"E.
PELICAN RIDGE
GENERAL NDTES
1) P.D,C, indicates Point oF Commencement
2) P,D,B, indicates Point oF Beginning
3) Sec, Indicates Section L !~ X H I B I T
4) Twp, Indicates Township [~
5) Rge. Indicates Range
6) R/~/Indicates RIght-oF-way
7) Art distances are In 'Feet and decimals thereof
8) Basis oF bearings is the North tlne oF
Block 8 bein9 N.OO°38'34'W.
9) Not vatid unless signed and seated with the embossed
seal oF the proFessionat I, and surveyor
THIS IS ONLY A SKETCH
NOT TO SHEET 2 OF 2
SCALE 05-a1-97 VBR-O8
January 26, 1999
Item #16B12
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON
& MOORE ENGINEERS FOR WORK ASSOCIATED WITH THE BIG MARCO AND CAPRI
PASS INLET MANAGEMENT PLAN - IN THE AMOUNT OF $127,425.00
Page 131
AMENDMENT NO. 4 ~_~AN
CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED into thi~ 'day
of"~nt~pa,/, 19 C]~ by and between the Board of County Commissioners for
Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "OWNER") and Humiston & Moore
Engineers, a Florida corporation, authorized to do business in the State of
Florida, whose business address is 10661 Airport Road North, Suite 14,
Naples, Florida 34109 (Hereinafter referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional
engineering and surveying services of the CONSULTANT concerning certain
monitoring services for the Capri Pass and Big Marco Pass Inlet
Management Plan (hereinafter referred to as the "Project"), said services
being more fully described in Exhibit A attached hereto; and
WHEREAS, on May 17, 1994 the Board of County Commissioners
approved a Professional Services Agreement with the CONSULTANT to
perform design services for the Project; and
WHEREAS, the CONSULTANT has submitted a proposal for
provision of monitoring services during 1999; and
WHEREAS, the CONSULTANT represents that it has expertise in
the type of professional services that will be required for the Project.
NOW THEREFORE, in consideration of the mutual covenants
contained herein and other good and valuable consideration, the Capri Pass
and Big Marco Pass Inlet Management Plan Professional Services
Agreement entered into on May 17, 1994 (hereinafter also referred to as the
"Agreement") is hereby amended as follows:
1. Schedule B, Attachments B and C of the Agreement dated May 17,
1994, is hereby amended and revised as set forth in Exhibit "A' attached
hereto. Said Exhibit "A" is the December 15, 1998, letter from Humiston
& Moore Engineers to Project Manager Harry Huber re: "Proposal for
Monitoring of the T-Groin Project Performance-1999".
1
2. Article Five of the Agreement is hereby amended as follows:3AN ? ~' 1999
Compensation by the OWNER for services rendered hereunder by
CONSULTANT shall not exceed an aggregate amount of $127,425.00
provided in Exhibit "A" attached hereto without an appropriate change order
or amendment to this Agreement.
3. Other than the changes/additions indicated in this Amendment,
all provisions of the original contract are in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this amendment
to the Agreement the day and year first written above.
.'~":,. ;'...~i: '/- %~:~.'. 'BOARD OF COUNTY COMMISSIONERS
cou. . cou. ¥, ,.oamA, A
. POLITICAL SUBDIVISION OF THE TATE
,
Approved as to form and
legal sufficiency:
C Humiston & Moore Engineers
Kenneth K. Humiston, P.E.
President
Typed or printed name
%.¢~/~ ' (CORPORATE SEAL)
Witness
Typed or printed name
AMENDMENT#4.HEH.Ih
JAN e; 1999
B~ITBTT "A"
HUMISTON
& MOORE
ENGINEERS
COASTAL 10661 AIRPORT ROAD N., SUITE 14
NAPLES, FLORIDA 34109
ENGINEERING DESIGN FAX: 9,tl 594 2025
AND PERMITTING PHONE: f41 59~I 2021
December 15, 1998
Hand Delivered
Mr. Harry Huber, P.E.
Office of Capital Projects Management
3301 E. Tamiami Trail
Naples, FL 34112
Re: Revised Proposal for Monitoring of the T-Groin Project Performance - 1999
HM File No. 8-002a
Dear Harry,
In response to our last meeting on June 29, 1998, our presentation on Marco Island on July
7, 1998, and your meeting with Ken Humiston last week, we are providing you with this
updated proposal for the continued monitoring of the T-groins and comprehensive
monitoring of the Hideaway Beach shoreline as you have requested. This proposal
supersedes our last proposal dated August 13, 1998. Specifically, we are providing you
with this proposal for the second year's monitoring under a five year monitoring program of
the performance of the Marco Island T-Groin Project, as required by DEP to satisfy the
monitoring requirements of the temporary installation. Consistent with our initial proposal,
this proposal is for the second year of monitoring, renewable on an annual basis in
accordance with fee schedules current at the time of renewal.
Monitoring requirements were negotiated between the DEP Bureau of Beaches and
Coastal Systems, the Florida Game and Fresh Water Fish Commission and the U.S. Fish
and Wildlife Service. We plan to use Sea Systems Corporation (SSC) to collect the
hydrographic profile data. Agnoli Barber and Brundage (ABB) will remain available to
conduct monument recovery, emergency post storm profiling and upland beach profile
surveying as needed. As part of the post construction survey completed last year,
additional stationing and monumentation was included near Collier Bay. At the request of
the Marco Island Beach Advisory Committee this past July, and your subsequent meeting
with Ken Humiston, we have included additional survey coverage of the entrance to Collier
Bay consisting of a total of 32 profiles.
Scope of Work
Task A: Surveys are required for post construction. 3-months, 6-months and thereafter at
6-month intervals for 5 years, comprising a total of 11 surveys. These surveys beginning
with the post construction survey will be referred to as the comprehensive surveys. These
surveys will incorporate both the monitoring of the T-groins. the Hideaway Beach element
of the Marco Island Beach Restoration project monitoring, and 11 additional profile lines
Page 1 of 3
J A N 2 6 199
EXttIBIT "A"
along the entrance to Collier Bay. The full scope of work consists of surveying a total of 49
beach profiles and 32 additional profile lines in Collier Bay. Please refer to the enclosed
diagram for the survey layout.
Task B: Compaction monitoring is required each year and the results must be provided to
DEP prior to April 1 of each year. The results will be coordinated with Collier County
OCPM and DEP to determine the need for any additional tilling each year.
Task C: Monitoring reports and project performance assessments are required annually.
The costs associated with the surveys and reports are listed below by year:
(Task) Description Cost Annual Cost
(A): Comprehensive surveys (2) $46,940
(B): Compaction Testing for Report 2, 105
(C): Report &Analysis 11,970
Subtotal for 1999: $61,015
In addition to the items above, we propose to add Task D, the collection of post storm
survey data. We propose to allow for two surveys to consist of the same survey as Task A,
the results of which would be incorporated in a subsequent report. Such task will only be
done upon written direction from the Collier County Office of Capital Projects Management.
Task D: Post storm surveys upon direction
from the OCPM $46,940
Additional report analysis following
collection of post storm data $11,970
Total for Task D $58,910
Task E is additional services, to be provided on a time and materials basis, to coordinate
any necessary changes, report interpretations, project adjustments, meetings with County
staff or representatives of Hideaway Beach regarding performance of the structures, or any
other tasks required by the county which are not specifically included in Tasks A through D.
A budget of $7,500 is recommended for this task. Should additional services requested by
the county exceed this budget, a contract amendment to perform for such services will be
submitted to Collier County for approval prior to conducting those services. All invoices
related to this Task E will be itemized in accordance with the attached fee schedule dated
January 1, 1998. The fee schedule is subject to adjustment dudng the pedod of this
contract. Engineering sen/ices as referenced will be provided in accordance with the
general conditions enclosed as part of this proposal.
Total: Basic and Additional Services (Tasks A through E) $127,425
We propose to provide the services for tasks A and B above on a lump sum basis, billed on
a monthly basis as percentage complete. Additional Services will be billed on a time and
materials basis in accordance with the attached fee schedule, dated January 1, 1998, and
Standard General Conditions dated August 22, 1996.
Page 2 of 3
HUMIS'ION & MOORE ENGINEERS · NAPLES. FLORIDA
j A N 2 6 1999
EXHIBIT "A"
As a reminder, the permanent structure design will be based upon data collected dudng the
ongoing monitoring. As required by DEP, the applications for the permanent installation
cannot be filed until after three years of monitoring.
Should you have any questions regarding this request, please give me a call.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
Kenneth K. Humiston, P.E.
Enclosures
Page 3 of 3
HUMISI'Or| & MOORE ENGINEERS * NAPLES. FLORIDA
EXHTBTT
TABLE 1: HIDEAWAY BEACH ANNUAL MONITOFtlNG
SEPTEMBER 1997 TO 2002
PROFILE STATION LOCATION SURVEY OFFSHORE
STATION NORTHING EASTING AZIMUTH DISTANCE
1 M-1 595775.9 254919.5 0° 2000'
2 M-2 595389.9 255005.8 270° 2000'
3 T-128 591169.6 253606.0 270° 2000'
4 -5+37 591262.1 253510.5 290° 400' seaward of MHW
5 -4+37 591356.1 253544.7 290° ' 400' seaward of MHW
6 -3+37 591450.1 253578.9 290° 400' seaward of MHW
7 -2+37 591544.0 253613.1 290° 400' seaward of MHW
8 -1+37 (M-3) 591638.0 253647.3 317° 30' 31" 2000'
9 0+00 (H-l) 591730.1 253748.9 317° 30' 31" 400' seaward of MHW
10 1+30.5 591816.1 253847.1 317° 30' 31" 400' seaward of MHW
11 2+61 591902.1 253945.3 317° 30' 31" 400' seaward of MHW
12 3+91.5 591988.1 254043.4 317° 30' 31" 400' seaward of MHW
13 M-4 592043.3 254089.7 317° 30' 31" 2000'
14 5+22 (H-2) 592074.1 254141.6 317° 30' 31" 400' seaward of MHW
15 H-3 592400.9 254534.4 317° 30' 31" 2000'
16 M-5 592718.8 254827.1 317° 30' 31" 2000'
17 H-5 593069.8 255262.8 317° 30' 31" 2000'
18 M-6 593394.2 255564.5 317° 30' 31" 2000'
19 H-7 593872.5 255874.3 317° 30' 31" 2000'
20 M-7 593934.6 256154.4 317° 30' 31" 2000'
21 34+68.5 (H-8) 594298.8 256099.7 317° 30' 31" 2000'
22 37+06 594518.7 256220.4 317° 30' 31" 400' seaward of MHW
23 39+43.5 (H-9) 594738.5 256341.0 317° 30' 31" 2000'
24 40+63 594830.1 256419.6 317° 30' 31" 400' seaward of MHW
25 41 +83 594921.7 256498.2 317° 30' 31" 400' seaward of MHW
26 43+03 595013.3 256576.8 317° 30' 31" 400' seaward of MHW
27 44+31 (H-10) 595104.9 256665.4 317° 30' 31" 2000'
28 45+56 595197.4 256751.6 317° 30' 31" 400' seaward of MHW
29 46+89.5 595289.8 256847.8 317° 30' 31" 400' seaward of MHW
30 48+23 595382.2 256943.9 317° 30' 31" 400' seaward of MHW
31 49+56 595474.6 257040.1 317° 30' 31" 400' seaward of MHW
32 50+89.5 (H-11) 595567.1 257136.3 317° 30' 31" 2000'
33 53+39.5 595740.3 257316.6 317° 30' 31" 400' seaward of MHW
34 H-12 595893.8 257505.9 317° 30' 31" 2000'
35 H-13 596202.4 257891.9 317° 30' 31" 2000'
36 H-14 596457.8 258326.7 317° 30' 31" 2000'
37 H-15 596509.0 258948.7 317° 30' 31" 2000'
38 H-16 596502.8 259090.0 47° 30' 31" 2000'
39 C-1-3 200' OFFSET 200' OFFSET 47° 30' 31" 2000'
40 C-4 596502.8 259090.0 63° 47' 25" 500'
41 C-5-17 200' OFFSET 200' OFFSET 80° 03' 19" 500'
42 C-18 594551.9 259179.7 141° 30' 22" 500'
J A N 2 6 1999
EXHIBIT "A"
TABLE 1 CONTINUED
C-19-32 1 200' OFFSET I 200' oFFsETI 141° 30' 22" I 5oo' I
$HUMISTON nXnXSlT "^"
& MOORE
ENGINEERS
COASTAL 10661 AIRPORT ROAD N.. SUITE 14
NAPLES. FLORIDA 34109
ENGINEERING DESIGN FAX: 941 594 2025
AND PERMITTING PHONE: 9,11 59~I 2021
FEE SCHEDULE
Humiston & Moore Engineers
January 1, 1998
Principal Engineer" ...........................................................$100.00/hr
Senior Engineer* ...............................................................$75.00/hr
Staff Engineer ..................................................................$65.00/hr
Technician .......................................................................$55.00/hr
Administrative Assistant ......................................................$45.00/hr
Facsimile ..........................................................................$1.00/pg
Gopies (in house) ...............................................................$0.05/pg
Mileage ............................................................................$0.31/mi
Telephone ......................................................................No Gharge
* Registered Professional Engineer
All out of pocket expenses not covered above will be billed as expenses and included with the
monthly invoice. There will be a 10% markup on all expenses not spedfically listed above as well as
for any necessary subconsultants or laboratory fees. Invoidng will be provided on a monthly basis
unless specified differently in the contract. Payments are due upon receipt of invoice. A late
payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any
unpaid balance which remains unpaid more than 30 days from the date of invoice.
HUMISTON
& MOORE
ENGINEERS
10661 AIRPORT R~ N., SUffE 14
COASTAL ~S, FLORI~ 34109
ENGINEERING DESIGN F~: 9~1 ~9~
AND PERMITTING PHONE: 9~!
HUMISTON & MOORE ENGINEERS
Standard General Conditions for
Professional Services Contracts
August 22. 1996
The purpose of these standard General Conditions is to govern all services performed by Humiston & Moore
Engineers.
Payment for Services
Humiston & Moore Engineers (ENGINEER) will bill Client (OWNER) monthly, on a time and materials basis,
for services rendered. Payment of bills is due within thirty days of the invoice date. If the OWNER fails to
make any payment due for services and expenses within thirty days, the amounts due shall include a late
charge at the rate of 1.5% per month beginning on the thirtieth day after the date of the invoice, and in
addition, after giving seven days written notice services under this agreement may be suspended until such
time as full payment is made for amounts due. ENGINEER shall be entitled to collect reasonable fees and
costs, including attorneys fees and interest, should it be required to obtain collection of any amount due
under this agreement by court action or settlement without court action.
Renegotiation of Fees
ENGINEER reserves the dght to renegotiate fees on an annual basis to reflect changes in pdce indices and
pay scales applicable to the pedod when the services are rendered.
Additional Services, Reimbursable Expenses, and Application Fees
Additional Services not specifically included in the description of Basic Services will be provided at the cost of
time and materials. Additional services may include any other services requested by OWNER, such as
design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and
hearings, making presentations and time spent preparing for same. Reimbursable expenses associated with
travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost plus 10%, with the
exception of mileage which will be billed at the prevailing government rate. Application fees and impact fees,
etc., are the responsibility of OWNER; if paid by ENGINEER such fees will be subject to the same markup as
other reimbursable expenses.
Project Delays
The OWNER recognizes and agrees that vadous factors both within and without the control of ENGINEER
can operate to delay the performance of the work, the issuance of permits and licenses, and the overall
construction of the project. The OWNER agrees that it shall not be entitled to any claim for damages on
account of hindrances or delays from any cause whatsoever including but not limited to: the production of
contract documents; issuance of permits from any agency; beginning or completion of construction; or
performance of any phase of work pursuant to this Agreement.
HUMISTON & MOORE, Standard General Conditions, page I of 2
EXHIBIT "A"
J A N 2
Project Representation
It is customary for ENGINEER's responsibilities to include services through the Bidding or Negotiation and
Construction phases in order to interpret and cladfy ENGINEER's documentation, to give OWNER some
degree of assurance (but not a guarantee) that what CONTRACTOR produces is generally in accordance
with the contract documents. If ENGINEER's responsibilities as identified elsewhere in this contract do not
specifically include construction observation services, then OWNER shall indemnify and hold harmless
ENGINEER from all claims, damages, loses and expenses including attorneys fees resulting from any
interpretation, clarification, substitution acceptance, shop drawing or sample approval issued by OWNER or
others.
Limitation of Liability
OWNER and ENGINEER agree that because of the dsks, rewards and benefits of the project relative to the
design professional's total fee for services, that the dsks have been allocated such that, to the fullest extent
permitted by law. ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses,
damages or claims arising out of this agreement from any cause or causes. shall not exceed the total
amount of $10,000 or the amount of the fee charged for the specific services described, whichever is greater.
Such causes include, but are not limited to, design professional's negligence, errors, omissions, strict liability.
breach of contract or breach of warranty.
Termination
The obligation to provide further services under this Agreement may be terminated by either party upon thirty
days written notice in the event of substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party.
OWNER's Responsibility
OWNER will provide ENGINEER with all cdteda and full information as to OWNER's requirements for the
project, as well as all existing site surveys and other site information.
Document Reuse
All document prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service in
respect to the project and ENGINEER shall retain an ownership and property interest therein whether or not
the project is completed. Such documents are not intended or represented to be suitable for reuse by
OWNER or others on extensions of the project or any other project without written verification or adaptation
by ENGINEER. Any reuse without wdtten verification or adaptation by ENGINEER will be at OWNER*s sole
dsk, and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and
expenses including attorneys' fees resulting therefrom.
HUMISTON & MOORE, Standard General Conditions, page 2 of 2
HUMISION & MOORE ENGINEERS · NAPLES. FLORIDA
January 26, 1999
Item #16B13 - Deleted
Item #16B14
BID #98-2893, PROJECT #7304~, TO CONSTRUCT MASTER PUMPING STATIONS
MOTOR CONTROL RENOVATIONS - AWARDED TO GULFCOAST COMMERCIAL ELECTRIC
INC.
Item #16B15
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON
& MOORE ENGINEERS FOR THE MARCO ISLAND SEGMENTED BREAKWATER PROJECT -
IN AN AMOUNT NOT TO EXCEED $23,900.00
Page 132
AMENDMENT NO. 2 ,iA~ 7 6 199~
MARCO ISLAND BEACH RESTORATION
PROFESSIONAL SERVICES AGREEMENT
.~
THIS AGREEMENT IS MADE AND ENTERED INTO THIS. ~
of ."'3~c~ny, 19q~, by and between the Board of County Commissioners for
Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "OWNER") and Humiston & Moore
Engineers, a Florida corporation, authorized to do business in the State of
Florida, whose business address is 10661 Airport Road North, Suite 14,
Naples, Florida 34109 (hereinafter referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional
engineering and surveying services of the CONSULTANT concerning certain
monitoring services for the Marco Island Beach Restoration Project (herein
after referred to as the "Project"), said services being more fully described
in Exhibit "A" attached hereto; and
WHEREAS, on December 20, 1994, the Board of County
Commissioners approved a Professional Services Agreement with the
CONSULTANT to perform professional services related to the design,
permitting and construction of a segmented breakwater system for the
Project; and
WHEREAS, the CONSULTANT has submitted a proposal for
provision of monitoring services during 1998/1999; and
WHEREAS, the CONSULTANT represents that it has expertise in the
type of professionals services that will be required for the Project.
NOW THEREFORE, in consideration of the mutual covenants
contained herein and other good and valuable consideration, the Marco
Island Beach Renourishment Professional Services Agreement entered into
on December 20, 1994 (hereinafter also referred to as the "Agreement") is
hereby amended as follows:
1. Schedule B, Attachments B and C of the Agreement dated
December 20, 1994, is hereby amended and revised as set forth in Exhibit
"A" attached hereto. Said Exhibit "A" is the December 8, 1998 letter from
Humiston & Moore Engineers to Project Manager Harry Huber re: "Revised
Proposal for the 1998/1999 Monitoring of the Marco Island Breakwater
Project Performance".
J A N ? 6 1999
2. Article Five of the Agreement is hereby amended as follows:
Compensation by the OWNER for services rendered hereunder by
CONSULTANT shall not exceed an aggregate amount of $23,900.00 as
provided in Exhibit "A" attached hereto without an appropriate change order
or amendment to this Agreement.
3. Other than the changes/additions indicated in this Amendment, all
provisions of the original contract are in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this amendment
to the Agreement the day and year first written above.
AT.:,H~/-'0i. ':,. BOARD OF COUNTY COMMISSIONERS
· '~: ':~'' "'" FOR COLLIER COUNTY, FLORIDA, A
, , C_. POLITICAL SUBDIVISION OF THE
,7.': . '* ' Clerk" , ' ' STATE OF FLORIDA
) i;~: "AtteSt' ,as ,t0 Chal~n's
~. 't<.',' s l~aa tur~ :061 ~
· ~ ,. . ~ .. ..; ,
.. ,..{><{~:.', ... ..Z).. ~ By:
. .. . % ', . .t~ ~ ·
". Z "';~ ,: ,;'~6,' ' Pamela S. Mac K~e, c
Appr0ved as to form and
legal ~ufficiency:
County Attorney ~ Humiston &Moore Engineers
By:
Witness Kenneth K. Humiston. P.E.
President
Typed or printed name
(CORPORATE SEAL)
.b/,J'/t-,,,t,/C.
Typed or printed name
AMENDMENT#2.HEH.Ih
2
JAN 2 6 1999
EXHIBIT "A"
HUMISTON
MOORE
ENGINEERS
COASTAL 10661 AIRPORT ROAD N,. SUfi'E 14
NAPLES, FLORIDA 34109
ENGINEERING DESIGN FAX: 941 594 2025
AND PERMITTING PHONE: 941 594 2021
December 8, 1998
Mr. Harry Huber, P.E.
Office of Gapital Projects Management
3301 E. Tamiami Trail
Naples, FL 34112
Re: Revised Proposal for the 199811999 Monitoring of the Marco Island
Breakwater Project Performance, H&M File No. 6053
Dear Harry:
As a follow up to our meeting on September 2, 1998, we are providing this proposal, for
ongoing monitoring of the referenced project. The overall scope of work includes
monitoring for a period of five years, which is consistent with the program required by
the state following completion of the Marco Island Beach Restoration Project. This
proposal is for the second year of monitoring, analysis, and report preparation using
data in part to be collected by others during the fall 1998 Marco Island Beach
monitoring, and provided to Humiston & Moore Engineers by Collier County. As we
discussed, this contract will be renewable on an annual basis in accordance with fee
schedules current at the time of renewal.
SCOPE OF WORK
A. Beach Monitoring
Analysis of beach profiles out to wading depth at nine locations at approximately
1 O0 foot intervals from the south groin to the north end of the seawall at Cape
Marco as shown on the attached figure, and analysis of the data for
incorporation in the subsequent annual monitoring report.
Estimated cost per monitoring event $ 5,380.00
B. Beach and Hydrographic Monitoring
Analysis of beach profiles as described above plus hydrographic surveys of the
nearshore region around the breakwater segments, the inlet shoals, and portion
of the channel as shown on the attached figure. Analysis of the data,
comparison with previous surveys, and preparation of an annual report with
graphic iljustrations and discussion of results.
Estimated cost per monitoring event $11,020.00
Page 1 of 2
}AN 2 1999
EXHIBIT "A"
C. Additional Services and Contingency
To include but not limited to meetings, presentations, administrative assistance,
and agency coordination as may be requested by the Owner.
Estimated cost $ 7,500.00
We propose to provide the services for tasks A and B above on a lump sum basis, billed
on a monthly basis as percentage complete. Five copies of a monitoring report will be
provided within 90 days of receipt of the hydrographic survey data from Collier County.
Task C, Additional Services, will be billed on a time and materials basis in accordance
with the attached fee schedule. Attached is a copy of our current fee schedule and
Standard General Conditions, dated January 1, 1998.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
Kenneth K. Humiston, P.E.
Page 2 of 2
HUMISTON & MOORE ENGINEERS - NAPLES. FLORIDA
..... ,I A N ~- B 1999
,.)AN '2 1999
F_,XHIBIT "A"
MOO R E
ENGINI i :I{S
COASTAL 10661 AIRPORT ROAD N. SUITE 14
NAPLES, FLORIDA 34109
ENGINEER:rJG ~ESIGt~ F~: 941 59~ 2025
AND PERrJITTiIJG PHONE: ~! ~ 2021
FEE SCHEDULE
Humiston & Moore Engineers
January 1, 1998
Principal Engineer* ...........................................................$100.00/hr
Senior Engineer* ...............................................................$75.00/hr
Staff Engineer ..................................................................$65.00/hr
Technician .......................................................................$55.00/hr
Administrative Assistant ......................................................$45.00/hr
Facsimile ..........................................................................$1.00/pg
Copies (in house) ...............................................................$0.05/pg
Mileage ............................................................................$0.31/mi
Telephone ......................................................................No Charge
* Registered Professional Engineer
All out of pocket expenses not covered above will be billed as expenses and included with the
monthly invoice. There will be a 10% markup on all expenses not specifically listed above as well as
for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis
unless specified differently in the contract. Payments are due upon receipt of invoice. A late
payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any
unpaid balance which remains unpaid more than 30 days from the date of invoice.
JAN 2 f6 1999
EXHIBIT "A"
ENGINI Z! RS
COAc. TA L 10661 ,NRPOKrl' ~OAD N., SUITE 14
NAPLES, FLORIDA 34109
ENGINEERINc~ :,-'_~lGtJ FAX: c241 594 2025
AND PERr,,,41Tr,!,:: PHONE: 941 594 2021
HUMISTON & MOORE ENGINEERS
Standard General Conditions for
Professional Services Contracts
August 22, 1996
The purpose of these standard General Conditions is to govern all services performed by Humiston & Moore
Engineers.
Payment for Services
Humiston & Moore Engineers (ENGINEER) will bill Client (OWNER) monthly, on a time and materials basis,
for services rendered. Payment of bills is due within thirty days of the invoice date. If the OWNER fails to
make any payment due for services and expenses within thirty days. the amounts due shall include a late
charge at the rate of 1.5% per month beginning on the thirtieth day after the date of the invoice, and in
addition. after giving seven days written notice services under this agreement may be suspended until such
time as full payment is made for amounts due. ENGINEER shall be entitled to collect reasonable fees and
costs, including attorneys fees and interest, should it be required to obtain collection of any amount due
under this agreement by court action or settlement without court action.
Renegotiation of Fees
ENGINEER reserves the right to renegotiate fees on an annual basis to reflect changes in price indices and
pay scales applicable to the period when the services are rendered.
Additional Services, Reimbursable Expenses, and Application Fees
Additional Services not specificafiy included in the description of Basic Services will be provided at the cost of
time and materials. Additional services may include any other services requested by OWNER, such as
design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and
hearings, making presentations and time spent preparing for same. Reimbursable expenses associated with
travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost plus 10%, with the
exception of mileage which will be billed at the prevailing govemment rate. Application fees and impact fees,
etc., are the responsibility of OWNER; if paid by ENGINEER such fees will be subject to the same markup as
other reimbursable expenses.
Project Delays
The OWNER recognizes and agrees that vadous factors both within and without the control of ENGINEER
can operate to delay the performance of the work, the issuance of permits and licenses, and the overall
construction of the project. The OWNER agrees that it shall not be entitled to any claim for damages on
account of hindrances or delays from any cause whatsoever including but not limited to: the production of
contract documents; issuance of permits from any agency; beginning or completion of construction; or
performance of any phase of work pursuant to this Agreement.
HUMISTON & MOORE, Standard General Conditions, page I of 2
JAN 2 6 1999
EXHIBIT "A"
Project Representation
It is customary for ENGINEER's responsibilities to include services through the Bidding or Negotiation and
Construction phases in order to interpret and clarify ENGINEER's documentation. to give OWNER some
degree of assurance (but not a guarantee) that what CONTRACTOR produces is generally in accordance
with the contract documents. If ENGINEER's responsibilities as identified elsewhere in this contract do not
specifically include construction observation services. then OWNER shall indemnify and hold harmless
ENGINEER from all claims, damages, loses and expenses including attomeys fees resulting from any
interpretation, clarification, substitution acceptance. shop drawing or sample approval issued by OWNER or
others.
Limitation of Liability
OWNER and ENGINEER agree that because of the risks, rewards and benefits of the project relative to the
design professional's total fee for services, that the risks have been allocated such that, to the fullest extent
permitted by law, ENGINEER's total liability to OWNER for any and all injuries, claims, losses. expenses,
damages or claims arising out of this agreement from any cause or causes, shall not exceed the total
amount of $10,000 or the amount of the fee charged for the specific services described, whichever is greater.
Such causes include, but are not limited to. design professional's negligence, errors, omissions, strict liability,
breach of contract or breach of warranty.
Termination
The obligation to provide further services under this Agreement may be terminated by either party upon thirty
days written notice in the event of substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party.
OWNER's Responsibility
OWNER will provide ENGINEER with all criteria and full information as to OWNER's requirements for the
project, as well as all existing site surveys and other site information.
Document Reuse
All document prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service in
respect to the project and ENGINEER shall retain an ownership and property interest therein whether or not
the project is completed. Such documents are not intended or represented to be suitable for reuse by
OWNER or others on extensions of the project or any other project without written verification or adaptation
by ENGINEER. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole
risk, and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and
expenses including attorneys' fees resulting therefrom.
HUMISTON & MOORE, Standard General Conditions, page 2 of 2
HUMISION & MOORE ENGINEERS - NAPLES. FLORIDA
January 26, 1999
Item #16B16
TRANSFER OF PROPERTY FROM COLLIER COUNTY TO THE STATE OF FLORIDA TO
SATISFY THE REQUIREMENTS OF PERMIT #11-00368-S (NAPLES SANITARY
LANDFILL)
NO DOCUMENTS RECEIVED AS OF MACRCH 15, 1999
Page 133
January 26, 1999
Item #16B17 - Moved to Item #8B3
Item #16B18 - Moved to Item #8B2
Item #16B19
RESOLUTION 99-74, AUTHORIZING THE CLOSING OF THE PURCHASE OF ROOKERY
BAY SERVICES, INC. UTILITY COMPANY
Page 134
RESOLUTION NO. 99= 74
JAN 2 6 1999
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER/SEWER DISTRICT;
AUTHORIZING CLOSING OF THE PURCHASE OF THE ROOKERY
BAY WASTEWATER FACILITIES; ACCEPTING TITLE TO ALL ""
ASSETS BEING CONVEYED TO THE COUNTY; AND
AUTHORIZING THE ADMINISTRATOR OF PUBLIC WORKS TO
EXECUTE ALL DOCUMENTS REQUIRED TO CLOSE THE SALE
~-~
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER g
COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio the
Governing Board of the Collier County Water/Sewer District, that:
1. The Board of County Commissioners of Collier County, Florida, as the
governing body of Collier County and as ex-Of~cio the Governing Board of the Collier
County Water/Sewer District (hereinafter "County"), on August 4, 1998, pursuant to ~ ~ c.
Resolution 98-297 and Section 125.3401, Florida Statutes, authorized the Board's ;-:. ,:, '-
Chairman to execute a Purchase and Sale Agreement, which was executed by the ~ ,~ r.-
Chairman in accordance with that Resolution. ~ ~. c:
2. The Agreement of Purchase and Sale (recorded in the public records of -"' ~, r,,
Collier County in OR Book 2460, Pages 0701 through 0713) required that specified
actions be taken prerequisite to closing the purchase and sale. The specified actions ~ ~ ..~
have been completed in accordance with the Agreement for Purchase and Sale.
3. All documents attached hereto pursuant to the Agreement of Purchase and r,,
Sale are hereby accepted on behalf of the County, and the Board's Chairman is hereby ~ o
authorized to sign those documents on behalf of the County as indicated, which ~ :
documents ~nalize the purchase price (subject to schedule of costs and minor pro-ration
adjustments) and formally accept title to all assets being conveyed to the County.
4. The Board hereby delegates to the Administrator of Public Works full
authority to execute all other documents that may be required to ~nalize the closing, ~-..,,,
scheduled for Monday, February 1, 1999.
5. This Resolution and all documents attached hereto shall be recorded by the
County in the public records of Collier County, Florida.
This resolution adopted thisc~CP"~'day of January, 1999 after motion, second and
majority vote favoring adoption. :
'. BO~ OF CO~TY CO~ISSIO~RS.
COLLIER CO~TY, FLEA, A
': POLITIC~ SUBDIVISI6N OF T~ '
OFFICIO TE GOVE~G BO~-
" CtWOM~
Approved ~ to fo~ ~d
legal sufficiency.
Thom~ C. Palmet
Assist~t Co~ty AUomey
~s. Closing of ~U Sale
241012] OR: 2509 PG: 1289
RBCORDBD in OFFICIAL RECORDS 0f COLLIaR COUNTY, ~L
02/04/99 at 08:31aN DWIGHT B. BROCK, CLARK
RBC FEB 60.00
COPIES 13.00
Thi~ instrument prepared by: Re In:
c .sR c T0 'raS BOnDjAN 6 1999
MARKJ. WOODWARD, ESQURE INTBROFFICB 4fH FLOOR
l~ooa~wara~ P~res & Lombardo, P,A. BXT 7240
801 Laurel Oak Drive, Suite 710
Naples, FL 34108
BOW.ALL MKN BY ThrESE PRF.3ENTS, that
ROOKERY BAY SERVICES, INC,, C'Cn'antor'3a Florida corporation with offices at 801 Laurel Oak Drive,
Sui~ 710, Naples, FL 34108, of the County of Collier, -_~ State of Florida, parties oflhe first part, for and
in consid~aticsx ofttxc sum often Dollars ($10.00) lawtiff money of the United States, to them paid by Collier
County, with offices at Public Works Division, BuDah,g H, 3301 East Tamiami Trail, ofNaples, FL 34112,
parties of the second part, Whe receipt ~ is hacby aclmowlcd2ed, have ~-araed, bared, sold
transfcrrai and dclivere~ and by these presents does Srant, bargain, sell, transfer and deliver unto the said
parties ofth~ secc~i part, ~hcir executon, administntors and assigns, the followinS goods and chau~Is, real
and/or personality.
SEE ATTACHED EXHIBIT "A"
TO HA FE XND TO HOLD the same unto t!z said parties of the second part, their executors,
administraron and assiv-, forever,
AND Cnzntor does for itself and its hein, executors and admimstrawrs, covenant to and with the said
panics ofdac second part, their executors, administrators and assigns, that Grantor is the lawful owner of the
said properW, that xhcy are free from all encumbrance, that Grantor Ires good rights to sell the same aforesaid,
and that Grantor will warrant and defend dxc sale of the said property, goods and chattels hacby mad~
ihe said parties of ~he second pan, Their cxccutors, admini~u~ors and assigns against the h~-ul claims and
IN BzlTNE~ WItEREOF, grantor has hermmio set its hands and seals this ]/'~ day of
Signed, scaled and d:livcrcd m the prcsm~ of: ROOKERY BAY SERVICg-S, INC., a Florida
' /
UK:/..DU~J ~'U: lx~U
J A N 2 6
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged bqfor~ m, this / ~ day of Jd. Aa,,~ 1999, by
MARK J. FFOODIVARD. President of Rookery Bay S~rvtcs$, In~., a Florida corporation, on behalf of the
corporation He t$ personally known to mea and did not take an oath.
, ,: ,." [ ....~ ' !' Print Namt: ~'~ar~aca_ _ ~Y~an 5moo~
~ / / ~/ ' ;'' ' :' :"" Notary Public
\, / !,.C -,
- .. !..,:-:-- lilY, :~.'. CommtsstonNo. d~ 5d5'~5~L
My Commission Expfre~:
(s~c)
FIDDL~OOKI~'AORANTOIt(01/IZ'~)
J A N 2 6 1999
Exhibit "A"
Rookery Bay Services, Inc., Seller
Collier County, Purchaser
Description of Purchased Assets
The Purchased Assets are the customer base, transmission mains, supply pipes,
and the Additional Facilities as defined herein (collectively, the "Utility System") which
Seller owns or in which it has an interest.
1. All easements, licenses, rights-of-way and consents owned by Seller for the
construction, operation and maintenance of the Utility System.
2. All certificates, immunities, privileges, permits, licenses, license rights, easements,
consents, grants, ordinances, leaseholds, rights-of-way and all rights to construct,
maintain and operate the Utility System for the collection and disposal of wastewater
and every right of every character whatever in connection therewith, and the
obligations thereof; together with all rights granted to Seller under Certificate No._
(previously Rookery Bay Utility Certificate No. 06S) issued by the Commission.
3. All past and current customer records, prints, plans, engineering reports, surveys,
specifications, shop drawings, equipment manuals, and other information reasonably
required by the Purchaser which are in possession of Seller and its agents
pertaining to the operation of the Utility System.
4. One (1) set of drawings showing the sanitary wastewater collection, treatment and
disposal facilities of the utility. Such drawings shall alsG include any Original
tracings, sepias or other reproducible material in possession of Seller.
5. All rights of Seller under the Developers' Agreements and/or Bulk Service
Agreement entered into between Seller and owners, developers or bulk customers
to properties that are provided wastewater service.
6. Purchaser shall reimburse Seller an amount agreed upon by the parties sufficient to
pay the costs incurred by Seller for planning, design and construction of a. pump
station including, but not limited to, costs of supervision, inspections, engineering,
drawings, permit application, materials, construction for the station, transmission
lines, supply pipes, collection pipes, valves, service connections, if any, and other
items as agreed by the parties (collectively, the "Additional Facilities").
J./,:2./-
jAN 2 G 1999
EXHIBIT B - ROOKERY BAY FRANCHISE SERVICE TERRITORY
Townshio 51 South, Ranqe 26 East,. Collier Cou..n..t.y
Section 3 - The South % of Section 3 lying East of S.R. 951 and South of U.S. Highway 41.
The SE ~ of the Sw ~, and the SW ~ of the SE ~ lying South of Hendemon Creel
Section 1~0 - The Nodh % lying East of S.R. 951 and the Nodh % of the Nodh % of the South % lying East
of S.R. 951.
The NW ~ of the NE % and the NE ~ ofthe NVV%.
Section 11 - The NW % of the NE % and the NW % lying South of U.S. Highway 41 and the SW
Section 12 - The West % of East ~ lying Nodh of U.S, Highway 41.
That podion of the NW % of the SW ~ lying South of U.S, Highway 41 ('l'amiami Trail) and that podion of
the SW ¼ of the NW '/4 lying South of U.S. Highway 41:
AND
The SW ~ of the SW %.
LESS THE FOLLOWING DESCRIBED PARCEL
Starting at the Nodhwest comer of the property al the Intersedion of the South Right of Way of U.S.
Highway 41 and the West line of Section 12, Township 51 South, Range 26 East, Collier County, Flodda,
and proceeding Southerly along the Section line for approximately 870 feet; thence Easterly for 330 feel
thence Nodhotly for 660 feet, thence Westedy along U.S. Highway 41 Southerly Right of Way for
approximately 390 feet to ~e Point of Beginning comprising approximatdy 5.8 acres.
Section 13 -All of Section 13.
Section 14--The NE ~ of the NE ~.
Section 15 -The South ~of the South ½ lying East orS.R. 951,
Township 51 south, Ran.qe 27 E.ast, C.oqlier County
Sealion 8 - NE % of NE ~.
All of Sections 18 and 19. '-
Section 20 - East % and the East ~ of SW % and the South % of the SE ~ of NW ~.
(The Remainder of this Page is Intentionally Left Bank),
jAI~ ;? 6 !999
EXIHBIT "C" - SCI:rF, D~E OF PURCHASED ASSETS & VALUES
RBS PURCHASED ASSETS LIST
I. FORCE MAINS
CONSTRUCTED DEPRECIATED
LOCATION LENGTH SIZE VALUE. AGE VALUE
Manatee Rd. (S.R. 951 7,700' 8" $96,250 25 $36,100
to U.S. 41)
U.S. 41 (Manatee Rd. 1,800' 8" $22,500 25 $8,400
to Creative Ln.)
U.S. 41 (Creative Ln. 4,500' 6" $45,000 22 $20,300
to Westwind M.H.P.)
U.S. 41 (Westwind 14,300' 8" $178,750 17 $102,800
M.H.P. To Boyne
South/Royal Palm)
Creative Ln. (U.S. 41 4,000' 8" $50,000 25 $18,800
to RBU Plant Site)
S.R. 951 (Manatee Rd. 2,800' 6" $28,000 22 $12,600
to Holiday Manor
M.H.P.)
S.R. 951 (Gulf Winds 700' 8" $8,750 25 $3,300
M.H.P. to Manatee
Rd.)
Drainage Swale 3,500' 6" $35,000 22 $15,800
(Greystone M.H.P. to
S.R. 951)
Quail Roost (Quail 3,200' 4" $27,200 17 $15,600
Roost M.H.P. to
Manatee Rd.)
Port-Au-Prince Dr. 2,300' 4" $19,550 3 $18, 100
(Pump Station to S.R.
951)
FORCE MAIN SUBTOTAL $251,800
II. PUMP STATIONS jAN 2 ;,,6, 199g
SIZE/DESIGN ESTIMATED
LOCATION CONFIGURATION VALUE
Port-Au-Prince Duplex Station, 2 H.P. Gorman- $5,000
1) Port-Au-Prince Dr. Rupp Pumps, 30" Dia. Wet Well
(See attached Letter Report by
HM&A dated 6/10/98)
Rookery Bay Master P.S. See Acceptance Documents $116,500
(NEW)
PUMP STATION SUBTOTAL $121,500
lII. GRAVITY SEWER
SIZE/DESIGN ESTIMATED TOTAL
LOCATION CONFIGURATION VALUE VALUE
Port-Au-Prince 8 Manholes $200/EA. $ 1,600
Subdivision
6" Vitrified Clay $20/L.F. $ 40,000
Pipe (2,000'?)
GRAVITY SEWER SUBTOTAL $ 41,600
ESTIMATED TOTAL ASSET VALUE $414,900
(includes New Rookery Bay Master Station)
EXHIBIT O- SCHEDULE OF EXCLUDED ASSETS JAN 2 6 199~
1. .15o WWTP: all personal property assets Including:
1 blower and associated motor, all pads, small tools, equipment related to plant operation.
·
· 1 well water pump and motor
· 1 water pressure tank
· I Polysonlc flowmeter, associated chad recorder. manuals, supplies, pads~ records, etc.
· I surge pump and motor
· 1 chlodnator system, parts, manuals, etc.
· Air pac system
· Miscellaneous hand tools, supplies. parts related to plant operation
3. Monitoring wells built to DEP standards and in operation. quarterly reports, and records,
drawings, etc. related to groundwater monitoring wells.
4. Port au Pdnce .006 VVVVI'P
· I blower and motor
· I lift station, pump, motor and related equipment
· Fence
· Krohm flowmeter, force main, related equipment instaled to County specifications.
5. Accounts Receivable
EXCLUDED SEWER TREATMENT PLANT SITE - LEGAL DESCRIPTION
A parcel of land located In a podion of Section 14, Township 51 South, Range 26 East, Collier County,
Flodda, being more particularly described as follows:
The SE 1/4 of the NE 1/4, of. the NE 1/4, Section 14, Township ,51 South, Range 26 East, Collier County,
Flodda;
LESS AND SUBJECT TO:
:
Any easements needed in support of the Additional Facilities.
(The Remainder of this Page is Intenllonally Left Blank).
UK;/-3U f fb;
EXHIBIT "E" - SC~D~E OF QU~ES & V~UE OF TE ~DITION~
FAC~ITIES CONSTRUCTED ON A ~I~SE~NT BASIS
~ Pr~e~ ~ e~ng ~ ~u~ty of ~
H~ M~S i ~A~S, I~.
~IN~ P~NERS GURV~O~
J~ 29, 1999
Mr. Ed Ilschner
Public Works AdmlrH-~'ator
Collier County Public Works Engineering Department
Building H, 3~t Floor
3301 Tamiami Trail East
Naples, Florida 34112
SUBJECT: Rookery Bay Closing
HMA File No. 97.37 B
Dear Mr. llschner:
This letter provides a final update to the costs related W the "Additional Facilities". Specifically,
the construction costs from Guymann Construction have been reduced.
The final costs are as follows:
1) Engineering Services $ 23,71135
2) Permit Fees
- Collier County Development Review $ 1,769.80
- FDEP $ 500.00
3) Consu'uction Costs
- GUmann Construction $113,928.63
- FP&L $ 762.00
TOTAL $140,671.68
If you have further questions, please call.
Very truly yours,
HOLE, MONTES AND ASSOCIATES, INC.
Thomas M. Taylor, P.E.
PresidenrYC.E.O.
TMT/dj
co: l~rk Straln
Joe Par~s~
Mark ~oodward
I
Ann Marle Sa lot
715 TENTH STREET SOUTH ~08T O~FFICE 80X 1686 NAPL=S, i:LO~IC)A 34108 9al-262.-a617 FAX 941-282,,3074
W:~.199~1997037~l'M*IqSF)0129.do;
Purchase Price $ 1,200,000.00
Additional l~acilities
(See HM&A letter - Schedule 'W') .$. 140,671.68
Total Sales hice $1,340,671.68
~ (see Schedule "B" attached)
l) Riverwood - Residential (21,683.20)
2) B. hterwood - Commercial (132.72)
3) Six L's Farms 2,002.$2
4) Port Au Prince (1.704.441
Gross Amount due to 8dler $I,319,154.14
(Payable to Rookery Bay Services, Inc.)
Seller and Buyer hereby agree with the foregoing and con/irm that the above figures are current and
authorize disbursements in accordance with the foregoing.
Seller:
ROOKERY BAY SERVICES, INC.
M~L o d, estdent
D~ted: Febzuaz7 1, 199~
BuyeE.
Board of County Commissioners/Collier
F. xl llschener, Public Works AdminisWator
Dated: February 1, 1999
0R: 2509 PG: 1299
Increase <dec~easP.,>
_to Contract P.n'ce
Rivexwood & Boyne South: (Annual billing, Sept-Aug)
This ~n~lysis is exclusive of Ann Marie Croucher (#116)
who is treated as a monthly customer.
N,,mher ofKesidential custonn's: 176
Monthly Kato (211.20/12) $ 17.~0
No. of months remaining ~ $ 123,20
$2L6~3.20 $(21,{583.20)
Number of Commercial customers: l
Monthly Kate (227.52/12) $ 18.96
No. ofmonths remaininl~ 7 $ 132.72
$ 1~2.~2 $ (132.72)
Six L's Farms: (Annual billln2, Jan-Dec., billed in arrears)
Annual Bill ($24,035/12 months) $ 2~002.92 $ 2,002.92
Port Au Prince: [Bulk R~te Customer):
Based on the past 3 months,
The average daily flow was Cm '000s) 21 galsYday
Number of days (12/2S/~8-1/31/99) 34
Volume Charl~e: ..1..96 /1,000 t~als
Total volumetric charge: $ 1,399.44
Service availability charSe for 4" meter $ 305.0.0
$ J,'~04.44 ~j (1.704.44)
Total Redu~on to the Purchase Price ofP, BS $ (21,517.4~)
UK: ru:
EXHIBIT G - LETTERS OF OPINION OF COUNSEL 3AN !;~ ~ !99-q
QCOLLIEF1 COUNTY
DAVID C. WEIGEL
COLLIER COUNTY ATTORNEY
3301 Tamiami Trail East Heidi F. Ashton
Naples, Florida 34112-4902 Rarniro Ma~alich
Telephone: (941] 774-8400 Thoma,~ C. Palmet
Michael W. Pet~it
FAX: (941) 774-0225 Mariorie M. Student
Email: attorney@naples.net Melissa A. Vasquez
February 1, 1999 Rodney C. Wade
Robert N. Zachary
Mark J. Woodward
Rookery Bay Services, Inc.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34103
lIE: Opinion of Counsel Letter - Paragraph 11 (a) of Agreement of Purchase and Sale of
Wastewater Assets - executed on August 4, 1998
Dear Mark:
It is my opinion that Collier County, a political subdivision of the State of Florida,
has full authority to execute and close the purchase and sale of the wastewater assets
pursuant to the Agreement executed by the parties thereto on August 4, 1998.
Execution of the Agreement and all collateral documents by Collier County was
duly authorized by the Board of County Commissioners for Collier County and ex-officio
the Governing Board for the Collier County Water-Sewer District by adoption of
Resolution No. 98-297 on August 4, 1998. Effective upon closing of the sale and
purchase, that Agreement and all collateral documents will be binding on the County and
the District to the extent that they purport to bind the County and/or the District.
The execution, delivery and performance of the Agreement and the 6ollateral
documents does not constitute a breach or violation by the County or the District of any
other agreement to which the County and/or the District is a signatory party.
Sincerely yours,
Thomas C. Paldaer
Assistant County Attorney
cc: David C. Weigel, County Attorney
Ed Ilschner, Public Works Administrator
**w OR: 2509 PG: 1301 ***
ANmONY P. PmF. S, JR."
A~ORNEYS-AT-LAW
Febm~ 1, 1999
o~ cou~a
~ F~ 774-0225 · Soa~ ~fled
Bm~ A~mq
~Boa~ ~ed C~.
~om~ C. Pa~r, Esq. ~,n~ and
AssiSt Co~ A~om~y Govem~nt
3301 T~ Tr~ E~t
Naples, FL 341124802 Iedhns and Geo~h
Penn~ia
Op~On Of Coael Le~r - P~ph 1 l(a) ofA~m~t ofPurc~ ~d S~o of
W;at~r ~s~ - ~x~cuWd on Au~st 4, 1998
Dear Tom:
It is my op~on ~t R~ke~ Bay Se~ces, ~c., a Flo~a coloration, hs ~ll au~o~ ~o ~xecuto
~d closo ~ purch~o ~d s~o of ~o w~t~wator ~som pursuit to ~ Agro~nt ~xocutod by ~ p~i~s
h~roto on Au~st 4, 1998.
Execution of ~ Agreement ~d ~1 collate~ documents by Rook~ Bay Se~ic~s, ~c. w~ d~y
au~o~ed by im Bo~d of Diroctors on Au~st 4, 1998. Effec~vo upon clos~g of~o sal~
Agro~ont ~d all collat~r~ doc~onts ~ll be b~ag on Rook~ Bay S~ces, ~c. to ~ ~ent ~at ~oy
pu~on to b~d Rooko~ Bay So~cos, ~c.
It is my op~on ~at Rooke~ Bay S~cos, ~c. ~ novor ~olat~d ~y agreement entor~d ~to by
Rooke~, Bay S~c~s, ~c. or ~y a~omonts w~ch may havo b~n as~od by Rooke~ Bay So~c~s, ~c.
~ executio~ delive~ ~d peffo~co of the Agreement ~d ~ collateral doc~nts does not
co~mt~ a br~ach or ~olation by Rook~ Bay Se~ces, ~c. of ~y o~er' agreom~nt to w~ch Rooko~ Bay
S~c~s, ~c. is a si~to~ p~..
S~corely yours,
~~ Esq.
~:cf
cc: Ed rlschner, Public Works Administrator
Please Respond to: Naples
Pelican Bay 801 Laurel Oak Dr., Suite 710, Naples, FL 34108 (941) 566-3131 Fax (941) 566-3161
Marco Island 606 Bald Eagle Dr., Suite 500, P.O. Box 1. Marco Island. FL 34146 (941) 394-5161 Fax (941) 642-6402
January 26, 1999
Item #16C1 - Deleted
Item #16C2
MASTER AGREEMENT RELATING TO SERVICES FOR SENIORS' GRANT PROGRAMS
BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC.
Page 135
01/01/99 Agreement No. 1VIASTER203.99
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
MASTER AGREEMENT
THIS MASTER AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida,
Inc., hereinafier referred to as the "agency", and to Collier County_ Board of County_ Commissioners by and
through its Collier County Services for Seniors Pro_m~am; hereinafier referred to as the "prorider".
All contracts executed between the prorider and the agency shall be subject to the conditions set forth in
this agreement for the duration of the contract period(s). Any and all contracts executed between the
prorider and the agency during the effective period of this agreement will incorporate this agreement by
reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this
agreement.
The parties agree:
L Provider Agrees:
A. To provide services according to the conditions specified in any contract(s) with the agency during
the period this agreement is in effect
This agreement covers all services provided by Collier County_ Services for Seniors which includes,
but is not limited to, the following programs:
· Older Americans Act (OAA) · Home Care for the Elderly (HCE)
· Community Care for the Elderly (CCE) · AiT. heimefs Disease Initiative (ADD
· Emergency Home Energy Assistance · United States Department of
For the Elderly Program (EHEAEP) Agriculture Meals (USDA)
B. Federal Laws and Regulations:
1. The provider shall comply with the provisions of 45 CFR, Pan 74, and/or 45 CFR, Pan 92, and
other applicable regulations.
2. The prorider shall comply with all applicable standards, orders, or regulations issued under
Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the
Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and
Environmental Protection Agency regulation (40 CFR Pan 15). The provider shall report any
violations of the above to the agency.
3. The provider must, prior to execution of this agreement, complete the Certification Regarding
Lobbying form, ATTACHMENT I. If a Disclosure of Lobbying Activities form, Standard
Form LLL, is required, it may be obtained from the agency. All disclosure forms as required
by the Certification Regarding Lobbying form must be completed and returned to the agency.
'JAN 2 6 f99
01/01/99 Agreement No. MASTER203,99
4. TIE provid~r mus~ prior to ex~ution of this ag~ement. complete the Certification Regard~g
Debannent. SuslEnsion~ ]neligibility and Volunmxy Exclusion Contmcts/SubconWacts,
ATFACIIMENT II.
5. The prorider shall comply with the provisions of the U.S. Department of Labor, Occupational
Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030.
C. Civil Rights Certification:
The provider gives this assurance in consideration of and for ~e purpose of obtaining federal
grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other
federal financial assistance to programs or activities receiving or bene~tting from federal financial
assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire,
DEPAR~ OF I~I.DER AFFAIRS forms 101 A and B, if services are provided to clients and
if fifteen (15) or more persons are employed.
The Prorider assures it will comply with:
1. Ti~e VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits
discrimination on the basis of race, color, or national origin in programs and activities receiving
or benefitring from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits
discrimination on ~e basis of handicap in programs and activities receiving or benefitring from
federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which
prohibits discrimination on the basis of sex in education programs and activities receiving or
benefitling from federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits
discrimination on the basis of age in programs or activities receiving or benefitling from federal
financial assistance.
5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as mended, 42 U.S.C. 9849,
which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap,
political affiliation or beliefs in programs and activities receiving or benefitling from federal
financial assistance.
6. The Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et. seq., which prohibits
discrimination against, and provides equal oppemmities for individuals with disabilities, in
employment, public services, and public accommodations.
'JAN 2 6 1999
01/01/99 Agreement No. MASTER203,99
7. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to
the above statutes.
8. The provider shall establish procedures to handle complaints of discrimination involving
services or benefits through this contract The provider shall advise clients, employees, and
participants of the fight to file a complaint, the fight to appeal a denial or exclusion from the
services or benefits fxom this contract, and their fight to a fair hearing. Complaints of
discrimination involving services or benefits through this contract may also be filed with the
Secretary of the Department of Elder Affairs, this agency, or the appropriate federal or state
agency.
9. The provider further assures all contractors, subcontractors, subgrantees, or others with whom
it arranges to provide services, will comply with the above laws and regulations.
D. Requirements of Section 287.058, Florida Statutes:
For all contracts covered by this agreement, the provider agrees:
1. To submit bills for fees or other compensation for services or expenses in sufficient detail for
a proper pre-audit and post-audit.
2. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes.
3. To provide units of deliverables, including reports, findings, and drafts as specified in the
contracts, the contract attachments, and the service provider application, to be received and
accepted by the contract manager prior to payment
4. To allow public access to all documents, papers, letters, or other materials subject to the
provisions of Chapter 119, Horida Statutes, and made or received by the provider in
conjunction with any and all contracts referencing this agreement.
E. Withholdings and Other Benefits:
The Provider is responsible for Social Security and Income Tax withholdings.
F. Indemnification:
If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida
Statutes, the provisions of this section do not apply
1. Provider agrees it will indemnify, defend, and hold harmless the state and/or agency and all of
the the state and/or agency's officers, agents, and employees from any claim, loss, damage,
cost, charge, or expense arising out of any acts, actions, neglect or omission by the provider,
its agents, employees, or subcontractors during the performance of all contracts incorporating
'JAN 2 G f999
01/01/99 Agreement No. lVLa~TER203,99
this agreement by reference, whether direct or indirect, and whether to any person or property
to which the state and/or agency or said parties may be subject, except neither prorider nor any
of its subcontractors will be liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of the state
and/or agency or any of its officers, agents, or employees.
2. Provider's obligation to indemnify, defend, and pay for the defense or, at the state and/or
agency's option, to participate and associate with the ~___t_e and/or agency in the defense and trial
of any claim and any related settlement negotiations, shall be triggered by the state and/or
agency's notice of claim for indemnification to prorider. Provider's inability to evaluate
liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify
the state and/or agency, upon notice by the state and/or agency. Notice shah be given by
registered or certified mail, remm receipt requesteeL Only an adjudication or judgment after
the highest appeal is exhausted specifically finding the state and/or agency solely negligent
shall excuse performance of this provision by providers. Provider shall pay all costs and fees
related to this obligation and its enforcement by the state and/or agency. The state and/or
agency's failure to notify prov/der of a claim shall not release provider of the above duty to
defend.
G. Insurance and Bonding:
1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such
liability insurance at all times during the effective period of any and all contracts incorporating
this agreement by reference. The provider accepts full responsibility for identifying and
determining the type(s) and extent of liability insurance necessary to provide reasonable
financial protections for the provider and the clients to be served under contracts incorporating
this agreement by reference. Upon execution of each contract covered under this agreement,
the provider shall fumish the state and/or agency written verification supporting both the
determination and existence of such insurance coverage. Such coverage may be provided by
a seW-insurance program established and operating under the laws of the State of Florida. The
state and/or agency reserves the right to require additional insurance where appropriate.
2. To furnish an insurance bond from a responsible commercial insurance company covering all
officers, directors, employees and agents of the provider authorized to handle funds received
or disbursed under all contracts incorporating this agreement by reference in an amount
commensurate with the funds handled, the degree of risk as determined by the insurance
company and consistent with good business practices.
3. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes,
the provider shah furnish the state and/or agency, upon request, written ve/i~C~tion of liability
protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be
construed to extend any party's liability beyond that provided in section 768.28, Florida
Statutes. (See also Indemnification clause.)
JAN 6 1999
01/01/99 Agreement No. MASTER203.99
[L Abuse Neglect and Exploitation Reporting:
In compliance with Chapter 4 15, F.S., an employee of the prorider who knoB, or has reasonable
cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or
exploited, shall immediately report such knowledge or suspicion to the State of Florida's central
abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE).
L Transportation Disadvantaged:
If clients are to be lransported under any contracts incorporating this agreement, the provider will
comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida
Administrative Code.
J. Purchasing:
Procuremerit of Products or Materials with Recycled Content
Any products or materials which are the subject of, or are required to carry out any contracts under
this agreement shall be procured in accordance with the provisions of Section 403.7065 and
287.045, Florida Statutes.
K. Sponsorship:
As required in Seelion 286.25, Florida Statutes, if the provider is a non-governmental organization
which sponsors a progrmn financed wholly or in part by state funds, including any funds obtained
through contracts executed in accordance with this agreement, it shall in publicizing, advertising
or describing the sponsorship of the program, state: "Sponsored by the
Collier County Services for Seniors
PROVIDER
the Area Agency on Aging for Souffiwest Florida, Inc., and ~e State of Florida, Department of
EIder Affairs". If the sponsorship reference is in written material the words "Area Agency on
Aging for Southwest Florida, Inc. and State of Florida, Department of EIder Affairs" shall appear
in the same size letters and type as the name of the organization.
L. Use of Funds For Lobbying Prohibited:
To comply with the provisions of Section 216.347, Florida States, which prohibit the
expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a
state agency.
01/01/99 Agreement No. 1VLASTEK203.99
M. Employment
If the provider is a non-governmental organization, it is expressly understood and agreed the
provider will not knowingly employ unauthorized alien workers. Such employment constitutes a
violation of the employment provisions as determined pursuant to section 274A(e) of the
Immigration Nationality Act0NA), 8 U.S.C.s. 1324 a (eX"section 274A(e)"). Violation of the
employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral
cancellation of any and all contracts incorporating this agreement by reference.
N. Audits and Records:
1. To maintain books, records, and documents (including electronic storage media) in accordance
with generally accepted accounting procedures and practices which sufficiently and properly
reflect all nvenues and expenditures of funds provided by the agency under all contracts under
this agreement
2. To assure these records shall be subject at all reasonable times to inspection, review, audit,
copy, or removal from premises by state personnel and other personnel duly authorized by the
agency, as well as by federal personnel, if applicable.
3. To maintain and file with the agency such progress, fiscal and inventon/and other reports as
the agency may require within the period of this agreement. Such reporting requirements must
be reasonable given the scope and purpose of the contracts incorporating this agreement by
reference.
4. To submit management, program, and client identifiable data, as specified in the Department
of EIder Affairs Client Services Manual. To assure program specific data is recorded and
submitted in accordance with Department of Elder Affairs Client Information Registration and
Tracking System (CIRTS) Policy Guidelines.
5. To provide a financial and compliance audit to the agency as specified in ATTACHMENT HI
and to ensure all related party transactions are disclosed to the auditor.
6. To include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
O. Retention of Records:
1. To retain all client records, financial records, supporting documents, statistical records, and any
other documents (including electronic storage media) pertinent to each contract covered under
this agreement for a period of five (5) years aRer termination of the contract(s). or if an audit
01/01/99 Agreement No. MASTER203.99
has been initiated and audit findings have not been resolved at the end of five (5) years, the
records shall be retained until resolution of the audit findings.
2. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e),
( 1 ), and (2), shall have full access to and the right to examine or duplicate any of said records
and documents during said retention period or as long as records are retained, whichever is
later.
P. Monitoring and Incident Reporting:
1. To provide progress reports, including data reporting requirements as specified by the agency.
These reports will be used for monitoring progress or performance of the contractual services
as specified in the service prorider application.
2. Providers will perform the required monitoring of subcontractors in accordance with the
agency's policy.
3. To permit persons duly authorized by the agency to inspect any records, papers, documents,
facilities, goods and services of the provider which are relevant to contracts incorporating this
agreement by reference, and/or interview any clients and employees of the provider to be
assured of satisfactory performance of the terms and conditions of the contract(s). Following
such inspection the agency will deliver to the provider a list of its concerns with regard to the
manner in which said goods or services a~ being provided. The provider will rectify all noted
deficiencies provided by the agency within the time set forth by the agency, or provide the
agency with a reasonable and acceptable justification for the pmvidcr's failure to correct the
noted shortcomings. The agency shall determine whether such failure is reasonable and
acceptable. The provider's failure to corrector justify within a reasonable time as specified by
the agency may result in the withholding of payments, being deemed in breach or default, or
termination of any or all contracts covered under this agreement
4. The provider will notify the agency within 48 hours of conditions that could impair continued
service delivery. Reportable conditions may include:
· proposed client terminations
· provider financial concerns/difficulties
· service documentation problems
· contract non-compliance
· service quality and consumer complaint trends.
Provider will provide the agency with a brief summary of the problem(s) and proposed
corrective action plans and time frames for implementation ........
Q. Safeguarding Infomafion:
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0 1 / 0 1 / 9 9 Agreement No. MASTER 203.99
Except as provided for agency auditing and monitoring purposes, not to use or disclose any
information concerning a recipient of services under contracts incorporating this agreement by
reference or subsequent contracts for any purpose not in conformity with state and federal
regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the reeipient's
authorized representative.
R. Assignments and Subcontraets:
1. Agency approval of the service provider application shall constitute agency approval of the
prorider subcontracts if the subconUacts follow the service and funding information identified
in the service prorider application. The provider must submit all contracts for services under
the service prorider application to the agency for prior approval when the proposed
subcontractor is a profit making organization~ No such approval by the agency of any
assignment or subcontract shall be deemed in any event or in any manner to provide for the
incurrence of any obligation of the agency in addition to the total dollar mount agreed upon
in contracts covered by this ~ccment AH assigmnents or subcontracts shall be subject to the
conditions of this agreement and the contracts incorporating it by reference and to any
conditions of approval the agency shall deem necessary.
2. Unless otherwise stated in the contract(s) covered by this agreement between the provider and
subcontractor, payments made by the provider to the subcontractor must be within seven (7)
working days after receipt by the provider of full or partial payments from the agency in
accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working
days will result in a penalty charged against the provider and paid to the subcontractor in the
amount of one-half of one (1) percent of the mount due, per day from the expiration of the
period allowed herein for payment, Such penalty shall be in addition to act-al payments owed
and shall not exceed fifteen (15) percent of the outstanding balance due.
S. Return of Funds:
1. To return to the agency any overpayments due to unearned funds or funds disallowed pursuant
to the terms of all contracts for which funds were disbursed to the provider by the agency.
a. The provider shall return any overpayment to the agency within thirty (30) calendar days
after either discovery by the provider, or notification by the agency, of the overpayment,
b. In the event the provider or its independent auditor discovers an overpayment has been
made, the provider shall repay said overpayment within thirty (30) calendar days without
prior notification from the agency. In the event the agency first discovers an overpayment
has been made, the agency will notify the provider by letter of such a finding.
2. Should repayment not be made in a timely manner, the agency will charge interest of one ( 1 )
percent per month compounded on the outstanding balance thirty (30) calendar days after the
date of notification or discovery.
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01/01/99 Agreement No. MASTER203.99
H. The Agency Agrees:
A. Contract Amount:
The contract amount for programs identified in Section I.A. will be outlined in a separate standard
contract by program. The standard contract will outline specific mounts by funding source,
invoicing procedures, etc.
B. Contract Payment:
The provideis invoice will be sere to the Departmere of EIder Affairs in conjunction with other
invoices received by ~e agency from offier agreements subject to review and approval by ~e
agency. Such approval is for the purpose of authorizing payments and does not constitute final
approval of services purchased under this rate agreement. Invoices returned to a vendor due to
preparation errors will result in a payment delay. Pursuant to Section 215.422, Florida Statutes,
the agency shall take no longer than five working days to insl~ct and approve goods and services,
unless bid specifications or the contract for which payment is requested specifies otherwise. The
agency will submit the request for payment to the I)cpartmcnt of EIder Affairs after inspection and
approval of goods and services. Once ~e Department of EIder Affairs has made payment to ~e
agency, the agency will reimburse the provider within seven working days after receipt by the
agency of full or partial payments from the Department of EIder Affairs in accordance with section
287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty
charged against the agency and paid to the provider in the mount of one-half of one percent of the
mount due, per day from the expiration of the period allowed herein for payment. Such penalty
shall be in addition to acUml payments owed and shall not exceed fifteen (15) percent of the
outstanding balance due.
B. Vendor Ombudsman:
A Vendor Ombudsman has been established within the DeparUnent of Banking and Finance. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be
contacted at (850) 488-2924 or by calling the State Comptroller's Ho~ine, 1-800-848-3792.
HL Provider and Agency Mutually Agree:
A. Effective Date
1. This agreement shall be~n on January_ 1. 1999 or on the date on which the agreement has been
signed by both parlies, whichever is later, and shall end on December 31: 1999.
2. All contracts executed between the Agency and the Provider during ~e effective period of this
agreement shall reference this agreement by number, incorporating it therein, and shall be
governed by ~e conditions of this agreement for ~e duration of the contract period(s).
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B. Termination:
1. Termination at Will
This agreement may be terminated by either party upon no less than thirty (30) calendar days
notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with proof
of delivery.
2. Termination Because of Lack of Funds
In the event funds to finance any contract(s) under this agreement become unavailable, the
agency may terminate the affected contract or contracts upon no less than twenty-four (24)
hours notice in writing to the pmvider. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery. The agency shall be the final authority
as to the availability of funds.
3. Termination for Breach
Unless the proriders breach is waived by the agency in writing, or the provider fails to cure the
breach within the time specified by the agency, the agency may, by written notice to the
provider, terminate the contract(s) incorporating this agreement by reference upon no less than
twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. If applicable, the agency may employ the default
provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any
provisions of any one contract covered by this agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of other
contracts covered under this agreement. The provisions herein do not limit the agency's fight
to remedies at law or to damages.
C. Suspension:
1. Reasonable Cause
The agency may, for reasonable cause, temporarily suspend the use of funds by a provider
pending corrective action, or pending a decision of terminating a contract executed in accord
with this agreement. Reasonable cause is such cause as would compel a reasonable person to
suspend the use of funds pursuant to any contract(s) executed in accord with this agreement;
it includes, but is not limited to, the provideis failure to permit inspection of records, provide
reports, rectify deficiencies noted by the agency within the time specified by the agency, use
funds as agreed in the contract(s), or such other cause as might constitute breach of any of the
terms of any and all contracts incorporating this agreement by reference.
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01/01/99 Agreement No. MASTER203.99
2. The agency may prohibit the provider from receiving further payments and may prohibit the
provider from incuning additional obligations of funds. The suspension may apply to any part,
or to all of the provider's obligations.
3. To suspend operations of the provider, the agency will notify the provider in writing by
certified mail of: the action taken; the reason(s) for such action; and the conditions of the
suspension. The notification will also indicate: corrective actions necessary to remove the
suspension; the provider's fight to an administrative hearing; and, the appropriate time period
to request an administrative hearing before the effective date of the suspension (unless provider
actions warrant an immediate suspension).
D. Notice and Contact:
1. The name, address and telephone number of the agency for this agreement is:
Terry White, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
(941 ) 332-4233 Suncom 748-6947
(941) 332-3596 (FAX)
2. The name, address and telephone number of the provider of the program under this agreemere
is:
Nanci E. Lochner
Collier County Services for Seniors
Collier County Government Center, Bldg H
Naples, Florida 34112
3. The name of the contact person, street address and telephone number where financial and
administrative records are maintained:
Nanci E, Lg~hnCr
Collier County Services for Seniors
Collier County_ Government Center. Bldg H
Naples, Florida 34 112
E. Renegotiation or Modification:
1. Modifications of provisions of this agreement and of any and all contract(s) incorporating this
agreement by reference shall only be valid when they have been reduced to writing and duly
signed. The parties agree to renegotiate this agreement and any affected contracts if revisions
of any applicable laws, or regulations make changes in this agreement necessary.
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01/01/99 Agreement No. MASTER 203.99
2. The rate of payment and the total dollar mount may be adjusted retroactively for any
contract(s) incorporating this Master Agreement by reference to reflect price level increases
and changes in the rote of payment when these have been established through the
appropriations process and subsequently identified in the agency's operating budget
F. Special Provisions:
l. Property
a. Nonexpendable property is defined as tangible property of a nonconsumable nature with
an acquisition cost of $500 or more per unit, and expected ttseful life of at least one year;
and hardback bound books not circulated to students or the general public, with a value or
cost of $100 or more. Hardback books with a value or cost of $25 or more should be
classified as an OCO expenditure only if they are circulated to students or the g~ncral
public.
b. All property, purchased under contracts covered by this agreement or purchased by the
agency and received by the provider shall be listed on the property records of the provider.
Said listing shall include a description of the property, model number, manufacturers serial
number, funding source, information needed to calculate the federal and/state share, date
of acquisition, unit cost, property inventory number and information on the location, use
and condition, transfer, replacement or disposition of the property.
c. All purchased property shall be inventoried annually. An inventory report will be submitted
to the agency upon request by the agency.
d. Title (Qwnership) to all property acquired with funds from any contracts covered by this
agreement or otherwise purchased by the agency shall be vested in the agency mama
oomple~iqn or termination of the contract(s).
e. At no lime shall the prorider dispose of nonexpendable property except with the permission
of, and in accordance with instructions from the agency.
f. A service provider application amendment is required to be submitted and approved by the
agency' s prior to the purchase of any item of nonexpendable property not specifically listed
in the approved budget.
g. Information Technology Resources
The provider must adhere to the agency's procedures and standards when purchasing
Information Technology Resources 0TR) as part of any contract(s) incorporating this
agreement by reference. An ITR worksheet is required for any computer related item
costing $500.00 or more, including data processing hardware, software, services, supplies,
maintenance, training, personnel and facilities. The provider agrees to secure prior written
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01/01/99 Agreement No. MASTER203.99
approval through the contract manager from the agency's Information Systems director for
the purchase of any ITR. The prorider will not be reimbursed for any purchases made prior
to this written approval on the 1TR worksheet. The prorider has the responsibility to
require their subcontractors comply with the department's ITR procedures.
2. Copyright Clause
Where activities supported by any contract(s) incorporating this agreement by reference
produce original writing, sound recordings, pictorial reproductions, drawings or other graphic
representation and works of any similar nature, the agency has the fight to use, duplicate and
disclose such materials in whole or pert, in any manner, for any purpose whatsoever and to have
others acting on behalf of the agency do so.
fithe materials so developed are subject to copyright, trademark or patent, then legal rifle and
every right, interest, claim or demand of any kind in and to any patent, trademark, copyright,
or application for the same, will vest in the State of Florida, Department of State, for the
exclusive use and benefit of the state. Pursuant to Section 286.02 l, Florida Statutes, no person,
firm or corporation, including parties to this contract, shall be enti~ed to use the copyright,
patent or trademark without the prior written consent of the Department of State.
3. Grievance and Appeal Procedures
a. In accordance with ATTACHMENT IV, Minimum Guidelines for Recipient Grievance
Procedures, the provider will assure through contractual provisions that service provider
agencies have procedures for handling complaints from persons who complain service has
been denied, terminated or reduced.
b. The provideis will establish complaint procedures for older individuals who are dissatisfied
with or denied services. These procedures must include notice of the right to complain and
to have their complaint reviewed.
4. Investigation of Allegations
Any report that implies criminal intent on the part of this provider or any service provider
agency and referred to the state attorney must be sent to the agency. The pmvider must
investigate allegatiom regarding falsification of client information, service records, payment
requests, and other related information.
5. Disaster
In preparation for the threat of an emergency event as deftnod in the State of Florida
Comprehensive Emergency Management Plan, the Department of EIder Affairs may exercise
authority over an area agency or service provider to implement preparedness activities to
improve the safety of the elderly in the threatened area and to secure area agency and service
J A N ? 6 i99~
01/01/99 Agreement No. MASTER203.99
lxovider facilities to minimize the potential impact of the event. These actions will be withi.
the existing roles and responsibilities of the area agency and its service providers.
In the event the President of the United States or Governor of the State of Florida declares a
disaster or state of emergency, the Department of EIder Affairs may exercise authority over an
area agency or service provider to implement emergency relief measures and/or activities.
In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the
Department of EIder Affairs shall have such authority to order the implementation of such
measures. All actions directed by the agency under this section shall be for the purpose of
ensuring the health, safety and welfare of the elderly in the potential or acl~,al disaster area.
6. Volunteers
The area agency on aging will promote the use of volunteers as prescribed in Section
306(aX12), Older Americans Act and Section 430.07, Florida Statutes. In addition, the area
agency on aging will increase the use of volunteers in the planning and service area by
providing training, technical assistance and funding, where possible, to the provider.
7. Business Hours
Providers must at a minimtun maintain business hours from 8:00 AM to 5:00 PM daily,
Monday through Friday.
8. Cliem Information and Registration Tracking System (CIRTS) and Management Information
Systems.
For all program contracts incorporating this agreement by reference for which collection of
client data in CIRTS is require&
a. The area agency on aging shall employ a Local Area Network (IAN) Administrator who
shall assure Area Agency on Aging compliance with the requirements of the "LAN
Administrator Guidelines" adopted by the Department of Elder Affairs. These "Guidelines"
delineate the roles and responsibilities of the Local Area Network Administrator. The Area
Agency on Aging shall assure any other support necessary for full "LAN Administrator
Guidelines" compliance.
b, Area agencies will ensure the collection and maintenance of client and service information
on a monthly basis from the Client Information and Registration Tracking System (CIRTS),
Maintenance includes valid exports and hackups of all data and sy_SW_n~S.~ according to
agency standards,
c. Service provider agencies must enter all required data per the Department of EIder Affairs'
CIRTS Policy Guidelines for clients and services in the CIRTS database. The data must
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01/01/99 Agreement No. MASTER203.99
be entered into the CIRTS before the service providcr agencies submit their request for
payment and expenditure reports to the area agency. The area agency shall establish time
frames to assure compliance with due dates for the requests for payment and expenditure
reports to the agency.
Service provider agencies will nm monthly CIRTS reports and verify client and service data
in the CIRTS is accurate. This report must be submitted to the area agency with the
monthly request for payment and expenditure report and must be reviewed by the area
agency before the service provider's request for payment and expenditure reports can be
approved by the area agency.
e. Failure to ensure the collection and maintenance of the CIRTS data may result in the
agency enacting the "Suspension" clause of this agreement (see Section Ill, C.).
f. Computer System Backup and Recovery
As defined in Chapter 44-4,070, Florida Administrative Code, each provider, among other
requirements, must anticipate and prepare for the loss of information processing
capabilities. The routine backing up of data and software is required to recover from losses
or outages of the computer system. Data and sothare essential to the continued operation
ofprovider functions must be backed up. The security controls over the backup resources
shall be as stringent as the protection required of the primary resources.
9. CliemOutcomes
The Department of EIder Affairs will develop client outcome measures consistent with
those developed by the agency, including the following
· Elders will live in the least restrictive and most appropriate setting
· Services will be provided to those elders most in need
· Frail eider functional status is maintained or improved
· Long-term care resources are efficiently and effectively used
· Client environment is maintained or improved
· Social interaction is improved
· Nutritional risk is reduced
· Care giver emotional and physical health are maintained or improved
· Elders, families and/or care givers are better informed so elders are better able to
exercise autonomy and make informed choices
b. In preparation for perfomumce-based program budgeting, the agency will set targets for the
performance of outcome measures. These targets will be amended into contracts. The
provider will be responsible for achieving these targets.
10. Management Objectives
01/01/99 Agreement No. MASIt1203,99
· Ensure the Board completes an annual performance evaluation of the providefs executive
director
· Ensure effective communication between staff and board
· Ensure adequate planning and preparation occurs in the development of the service
prorider application and service prorider application amendments within agency
established time frmnes.
01/01/99 Agreement No, MASTER203.99
IN WITNESS THEREOF, the parties hemto have caused this 28 page contract to be executed by their
undersigned officials as duly authorized.
PROVIDER: Collier County Board of County Commissioners
AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC.
SIGD D,
BY:
NA~4E: Pamela S, Mac' Kie NANtE: MARY ALICE FERRE!,L
TFFLE: Chairwoman - Board of County TITLE: BOARD PRESIDENT
Commissioners
DATE: ~-~kk,~-gc~ DATE:
FEDERAL ID NUMBER: 596000538
PROVIDER HSCAL YEAR ENDING DATE: 09/30/99
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
Ram~ro ManalichF
Chief Assistant
County Attorney
DATED:
D 6I-FF E. BROCK 'Clerk
v
At~/est as.! to 'Cha]rm~.
s i g~.ture onl~~: '~'
/ ""' L',.
· , :.~..,.,.,~ .
, )A N ~ ~ 1999
01/01/99 ~greernent No. MASTER203.99
ATTACHMENT I
CERTWICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS. GRANTS, LOANS AND COOPERATIVE
AGREEMENT
The undersigned certifies, to the best of his or her knowledge and belief, that:
( 1 ) No federal appropriated funds have been paid or will be paid, by or on behalf of ~e undersigned, to any person
for influencing or attempting to influence an officer or an employee of any state or federal agency, a member
of congress, an officer or employee of congress, an employee of a member of congress or an officer or
employee of the state legislature, in connection with the awarding of any federal grant, the making of any
federal grant, ~e making of any federal loan, the entering into of any cooperative agreement, and
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature Date
Pamela S. Mac'Kie
OAA 203,99
Name of Authorized Individual Application or Contract Number
Title: Chairwoman, Board of County Commissioners
Collier C0qnty Services for Seniors
Collier County_ Government Center. Bldg H
Naples. Florida 34 112 .
Name and Address of Organization . .;~ ,., ·
DEPARTMENT OF ELDER AFFAIRS Form 103 ·" AI~'EST: '.
APPROVED AS TO LEGAL FORM AND SUFFICIENCY: - .
Chief Assistant, County Attorney
01/01/99 Agreement No. MASTER 203.99
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
1. Each prorider whose contract equals or exceeds $25,000 in federal monies must sign thi.~
debarment certification prior to contract execution Independent auditors who audit federal
program.q regardless of the dollar amount are required to sign a debarmeat certification form.
Neither the Department of EIder Affairs nor ils contract provides can contract with provides
ff they are debarred or suspended by the federal government
2. This certification is a material representation of fact upon which reliance is placed when thi.~
comma is entered into. ff it is later determined that the signed knowingly rendered an effoneous
certification, the Federal Government may pursue available remedies, including suspension
and/or debarment
3. The provider shall provide immediate written notice to the contract manager at any time the
provider learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumsmces.
4. The terms "debarrexl," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as nsed in this cextificaflon, have the meanings set out in the Definitions and
Coverage sectious of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulatious), Part 76. You may contact the contract manager for assistance in obtaining a copy
of those regulations.
5. The provider further agrees by submitting this certi~c~on that, it shall not knowingly enter into
any subconlract with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this contract unless authorized by the Federal Government
6. The provider tinther agrees by submitting this certification that it will require each subcontractor
of this contract whose payment will equal or exceed $25,000 in federal monies, to submit a
signed copy of this certification with each contract.
7. The Department of Elder Affairs and its contract provides may rely upon a certification of a
provider that is not debarred, suspended, ineligible, or voluntarily exclude from
contracting/subcontracting unless it knows that the certification is erroneous.
DEPARTMENT OF ELDER AFFAIRS Form 112B
October 1993
01/01/99 Agreement No. MASTER203.99
ATTACHMENT H
CERTIFICATION RE(~ARDING
DEBARMENT, SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Keg., pages 20360-20369).
(1) The prospective provider certifies, by signing this certification, that neither he nor his principals
is presently debarred, suspended, proposed for debarment~ declared ineligible, or voluntarily
excluded from participation in contracting with the Department of EIder Affairs by any federal
department or agency.
(2) Where the prospective provider is unable to certify to any of the statements in this certification,
such prospective provider shall attach an explanation to this certification.
Signature ~~
/ -~)~[°'C~e~ ~, D~put; Cle~
Date /',
lit,st 'al/to' Cha' u
signature only.
Pmela S. Mac'~e
Chai~om~, Bo~d ofCo~ Co~ssion~s
Name and Title of Authorized Individual
Collier CounW Services for Seniors
Name of Organization
DEPARTMENT OF ELDER AFFAIRS Form 112A
October I993
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
R,~mi~Manalich ~'
Chief Assistant, County Attorney
tAN 2 fggg
01/01/99 AcJreement. lqo. MASTER203.99
EXHIBIT - ]
INDEPENDENT AUDITOR'S REPORT ON
EXAMINATION OF MANAGEMENT'S ASSERTION
ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS
(SAS Codification Section AT 500.55)
[Date]
Dear [Name]:
We have examined management's assertion' about [~~~]'s compliance with the allowable
cost requirements [or other applicable requirements] established in the grant agreement(s) applicable
to the State grants and ai& appropriations identified on Schedule of State Financial Assistance for the
year ended [~di~it~i!ffi~i~!i~!ii~i~;~] included in the accompanying
~].' Management is responsible for [~~h~]'s compliance with those requirements. Our
responsibility is to express an opinion on managemenfs assertion about the
compliance with specified requirements.
Our examination was made in accordance with attestation standards established by the American
Institute of Certified Public Accountants and, accordingly, included examining, on a test basis,
evidence about compliance with those requirements and performing such other
procedures as we considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a legal determination
on [~ii~i~]'s compliance with specified requirements.
In our opinion, managements assertion
iiiiiiiii}iiii$iiiii}}ii}iiii}gii] is fairly stated, in all material respects?
Sincerely,
1. If the entity does not prcsont its assertion in a separate report accompanying the prac~tioner's report, refer to SAS Cali~cation Sections AT
500.56 and .57. -
2. The practitionn, should idnxtify the management assertion tq~ort examined by r~ference to the r~-port tide used by management in its r~-port
Further, be or she should us~ the sam~ dt~a'iption of the compliance zquiretm:nts as managtxnent uses in its report
3. Specific compliance mquinnnents, and reIated criteria (if applicable) will be specified and/or referreel to in th~ grant agreement As such,
it shotrid not be necessary to rapeat the compliance r~luirnn~ts, and relatat criteria (if applicable) in the practitionexJs report Instances of
nonc~mpliance should be mpofied in the manner proscribed in SAS Ccdi~on Sections AT 500.61 through .68.
01/01/99 Agreement No. lvIASTER203.99
EXHIBIT - 2
MANAGEMENT ASSERTION REPORT
I, , hereby assert that,
(Provider's authorl ed representative)
complied with allowable cost requirements
(Prorider Agency name)
[or other applicable requirements] of the grants and aids appropriations identified on the attached
Schedule of State Financial Assistance during the fiscal year ended
(Month, day. year)
(Signature)
(Date)
ff this assertion report is used, one copy shall be submitted after the provideis fiscal year end to each of the
parties designated in the contracts/grants for the identified grants and aids appropriations.
This statement does not need to be notarized.
01/01/99 Agreement No. MASTERZ03,99
EXHIBIT - 3
Sample Organization
Schedule of State Financial Assistance
For the year ended
State Agency State Federal CTDA State Receipts Federal Through Total Receipts
land Program Contract/ Number State Receipts
Title Grant Number (NOTE A)
Department of
Health
Head Start GH501 93.600 50,000 (1) 50,000 (l) 100,000
Women, Infant AB101 93.245 100,000 (1) 150,000 250,000
& Children
Department of
EIder Affairs
Community Care GC501 N/A 200,000 (1) 0 200,000
for the Elderly
EIder Care GC601 93.003 60,000 60,000 120,000
Total 410,000 410,000 (2) s20,000 (D
( 1 ) State Grants and Aids appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is
$550,000.
(2) $390,000 of this mount is included in the expenditures presented in the Schedule of Expenditures of Federal
Awards. The remaining $20,000 was received under contract number GC601 but was not expended.
NOTE A: Federal CFDA numbers apply only to Federal programs.
CAUTION: The purpose of this schedule is format iljustration only. The contract or grant numbers, CFDA numbers
and program rifles are not intended to represent actual dam.
01/01/99 Agreement No. MASTER203.99
EXHIBIT - 4
ATTESTATION STATEMENT
CONTRACT/GRANT NUMBER(S)
I, , hereby attest, under penalty of perjury, tha%
(Head of proWder agency)
, complied with allowable cost
(Name of provider agency)
requirements [or other applicable requirements] of the grants and aids appropriations contracts/grants
identified above during the fiscal year ended
{qt,fonth, day, year)
(Signature)
mile)
(Date)
One copy of this attestation statement shall be submitted after the pmvidefs fiscal year edd tO each of the
parties designated in the contracts/grants for the identified grants and aids appropriations.
This statement does not need to be notarized.
ATTACHMENT III
01/01/99 Agreement No. MASTER203.99
MINIMUM GUIDELINES FOR RECIPIENT GlUmVANCE PROCEDURES
APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS,
SUSPENSIONS, OR REDUCTIONS IN SERVICE
Medicaid Waiter clients have the riglu to request a fair hearing from the Department of Children and
Families(DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures.
NOTICE TO THE RECIPIENT OF THR ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE
GRItSVANCE PROCEDURBS FOR REVIEWING THAT DECISION
s The recipient mus~ be informed in wdting no less than 10 calendar* days prior to the date the adverse action
will be taken.
(Prior notice is not applicable where the health or safety of the individual is endangered if action is
not taken immediately;, however, notice must be made as soon thereaeer as practicable.)
· Services cannot be reduced, terminated nor any adverse action taken during the 10 day period.
· The Notice must contain:
a stnt._ernent ofwhal action is intended to be taken;
the reasons for the intended action;
an explanation
1) the individual's right to a grievance review if requested in writing and delivered within
10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering
the request must be offered and available to the individual);
2) in Medicaid Waiver actions, the individuai's right to request a fair hearing fi'om DCAF;
3) the individual' s right, after a grievance review, for further appeal;
4) the right to seek redress through the courts if applicable;
a statement that current benefits will continue if a grievance review is requested, and will continue
until a final decision is made regarding the adverse action; and a statement that the individual may
represent herself or use legal counsel, a relative, a fiend, or other qualified representative in the
requested review proceedings.
· All records of the above activities must be preserved in the clierrt's file.
GRIEVANCE REVIEW PROCF. r}U1LE UPON TIMF~LY RECFJPT OF A WRITTEN KEOUEST FOR REVIEW
· Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the
request by a written statement delivered to the requester. This statement must also provide notice of.'
the time and place scheduled for the review;
the designation of one or more impartial reviewers who have not been involved in the decision at
issue;
the opporumity to examine, at a reasonable time before the review, the individuai's own case
record, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or wimesses without undue interference
at a reasonable time before or during the review,
a contact person for any accommodations required under the Americans with Disabilities Act;
assistance, if needed, in order to attend the review; and
the stopping of the intended action until all appeals are exhausted.
· All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial
reviewers who have not been directly involved in the initial determination ofthe action in question.
· The reviewer(s) must provide written notification to the requester within 7 calendar* days after the
grievance review of:
the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if'favorable, or the circumstances regarding
confiw_~ntion of current benefits until all appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging
fi, TTA6HMENT
i99
01/01/99 Agreement No. MASTER203.99
by written request within 7 calendar* days;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate
agency;
the oppontmity to be represented by herself or by legal counsel, a relative, a friend or other
qualified represemative.
PROCEDIJp, E FOR/%PPEALS OF A GRIEVAN(TE REVIEW DECISION UPON TIMELY RECEIFF OF A
WRITTEN APPEAL TO T.HE AREA AGENCY ON AGING
· Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AREA
AGENCY ON AGING FOR SO~ST FLORIDA, INC. must acknowledge receipt ofthe notice of
appeal by a written statement delivered to the appellant. This statement must also provide notice of:
the time and place scheduled for the appeal;
the designation of one or more impartial AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,
INC. officials who have not been involved in the decision at issue;
the opportunity to examine at a reasonable time before the appeal the individual' s own case record
to date, and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue intex{erence
during the appeal;
assistance, ifneeclec[, in order to attend the appeal; and
the stoppins of the intended action until all appeals are exhausted.
· All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more
impartial AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. officials who have not been
directly involved in the initial determination of the action in question.
· The designated AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. official(s) must
provide written notification to the requester within 7 calendar* days aRer considering the grievance review
appeal oe the decision, stating the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding
continuation of current benefits until all appeals are exhausted;
the individual's fight to appeal, if applicable. Except for Medicaid Waiver actions, the decision of
the AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. shall be the final decision; and
the availability of assistance in requesting a fair heating, including a notice regarding accommodations as
required by the ADA.
· All records of the above activities must be preserved and remain confidential. A copy of the final decision
must be placed in the ciient's file.
* In computing any period of time prmcribed or allowed by these guidelines, the last day of the period so
computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall
run until the end of the next day which is neither a Saturday, Sunday, or legal holiday.
ATTACHMENT IV
January 26, 1999
Item #16C3
OLDER AMERICANS ACT CONTINUATION GRANT - CONTRACT BETWEEN COLLIER
COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
Page 136
JAN 6 F:Jgg
STANDARD CONTRACT
OLDER A!4~-RICANS ACT
THIS COSTRACT is entered into between the Area Agency on Aging for
Southwest Florida, Inc., hereinafter referred to as the "agency",
and Collier County Board of County Commissioners by and through its
Collier County Services for Seniors Program, hereinafter referred
to as the "provider". This contract is subject to all provisions
contained in the MASTER AGREEMENT executed between the Agency and
the Provider, Agreement No. MASTER 203.99, and its successor,
incorporated herein by reference.
The parties agree:
I. Provider Agrees:
A. Services to be Provided:
The service provider application of Collier County
$~rv~Ces for Seniors for 1999, and any revisions thereto
approved by the agency, are incorporated by reference in
this contract between the agency and the provider and
prescribe the manner in which the prorider will meet the
requirements of the Older Americans Act of 1965, as
amended.
B. Manner of Service Provision:
The services will be provided in a manner consistent with
and described in the 1999 Service provider application of
the Collier County Services for Seniors and the
Department of Elder Affairs Client Services Manual. In
the event this manual is revised, the contract will
incorporate any such revision and the provider will be
given a copy of the revisions. The provider agrees to
perform the services of this contract in accordance with
all federal, state, and local laws, rules, regulations
and policies that pertain to Older Americans Act funds.
C. Requirements of Section 287,058, Florida Statutes:
These requirements are herein incorporated by reference.
A. Final Request for Payment:
1. To submit the final request for payment to the
agency no more than 45 days after the contract ends
IAN 2 G 199,
all right to payment is forfeited, and the agency
will not honor any requests submitted after the
aforesaid time period. Any payment due under the
terms of this contract may be withheld until all
reports due from the provider, and necessary
adjustments thereto, have been approved by the
agency.
2. A final receipt and expenditure report (closeout
report) will be forwarded to the agency within
sixty (60) days after the contract ends or is
terminated. All monies which have been paid to the
provider and not used to retire outstanding
obligations of the contract being closed out must
be refunded to the agency along with the final
receipt and expenditure report.
II. The AgencyAgrees:
A. Contract Amount
Subject to the availability of funds, the agency will
reimburse no more than the rate stipulated in ATTACHMENT
II for units of service delivered in accordance with the
approved budget for Older Americans Act funds. The State
of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by
the Legislature. The costs of services paid under any
other contract or from any other source are not eligible
for reimbursement under this contract. The schedule of
funds awarded to the provider pursuant to this contract
[] is O is not in state grants and aids
appropriations and consists of the following:
Program Title Lead Agency CFDA# Fund Amounts
Operation
Title IIIB Support Lead Agency 93,044 $31,461.00
Services Operation
Title IIIC1 Lead Agency 93,045 $20,534.00
Congregate Meals Operation
Title IIIC2 Home !Lead Agency 93,045 $22,039.00
Delivered Meals Operation
Title IIID In-Home Lead Agency 93,046 $1,221.00
Services Operation
TOTAL v.~D AGENCY OpERATION $75,255.00
CONTAINED IN THIS CONTRACT:
Program Title Spending Authority CFDA~ FundAmounts
..... allocation
Title IIIB Support Spending Authority 93.044 $178,281.00
Services Allocation
Title IIIC1 Spending Authority 93.045 $116,362.00
Congregate Meals Allocation
Title IIIC2 Home Spending Authority 93.045 $124,887.00
Delivered Meals Allocation
Title IIID In-Home Spending Authority 93,046 $6,918.00
Services Allocation
TOTAL SPENDING AUTHORITY $426,448.00
ALLOCATION CONTAINED IN
THIS CONTRACT:
The legal services allocation for Collier County is $17,967,QQ.
This allocation is included in the Title III-B spending authority
allocation shown above.
III. Prorider and A~encyMutuallyAgree:
A. Effective Date:
1. This contract shall begin on January 1, 1999 or
on the date the contract has been signed by both
parties, whichever is later.
2. This contract shall end on December 31, 1999 .
B. Method of Payment:
1. This is a contract incorporating cost reimbursement
of actual expenditures for lead agency operations
and reimbursement for actual units of service
delivered and paid according to the schedule
stipulated in Section II.A. Two reports will be
submitted to the agency from the provider for
reimbursement. A request for payment and
expenditure report will be submitted to support
requests for payment of lead agency operations on
the AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,
INC. Form MDOEA 105A. Duplication of both forms
via data processing equipment is permissible,
provided all data elements are in the s~m~" format
as included on agency forms.
2. The prorider, if eligible, may request a monthly
, AN 2 6 199 .
advance for each of the first two months of the
contract period, based on anticipated cash needs.
Detailed documentation justifying cash needs for
advances must be maintained in the agency's file.
All payment requests for the third through the
twelfth months shall be based on the submission of
monthly actual expenditure reports beginning with
the first month of the contract. The schedule for
submission of advance requests is ATTACHMENT I to
this contract. Reconciliation and recouping of
advances made under this contract are to be
completed by the time the final payment is made.
All advance payments are subject to the
availability of funds.
3. Any payment due by the agency under the terms of
this contract may be withheld pending the receipt
and approval by the agency of all financial and
programmatic reports due from the provider and any
adjustments thereto.
5. The prorider agrees to implement the distribution
of funds as detailed in the service provider
application and the Supporting Budget Schedule,
ATTACBMENT II to this contract. Any changes in the
amounts of federal or general revenue funds
identified on the Supporting Budget Schedule
require a contract amendment.
6. Financial Reports: The prorider agrees to provide
an accurate, complete and current disclosure of the
financial results of this contract as follows:
a. To submit all requests for payment and
expenditure reports according to the format,
schedule and requirements specified in
ATTACaMENT I .
b. The completed manual units of service portions
of the Older Americans Act Annual Report if
applicable, are due to the contract manager on
or by October 15, 1999. The Agency will
obtain the remaining report sections from the
Client Information, Registration and Tracking
System. '
C. Termination and Suspension
The causes and remedies for termination or suspension of
this contract shall follow the same procedures as
outlined in Section III.B. and Section III.C. of the
Master Agreement.
D. Notice, Contact, and Palme Information:
1. The name, address and telephone number of the
contract manager for the agency for this contract
is:
Terry White, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
(941) 332-4233 SC 748-6947
2. The name, address and telephone number of the
representative of the provider responsible for
administration of the program under this contact
is:
Nanci E. Lochn~r
Collier County Services for Seniors
Collier County Government Center, Bldg, H
Naples, Florida 34112
(941) 774-8443
3. In the event different representatives are
designated by either party after execution of this
contract, notice of the name and address of the new
representative will be rendered in writing to the
other party and said notification attached to
originals of this contract.
4. The name (provider name as shown on page 1 of this
contract) and mailing address of the official payee
to whom the payment shall be made:
Nanci E. Lochner
CQllier County Services for Seniors
CQlli~r Coun%y ~overnment Center, Bldg. H
Naples. Florida 34112
(941) 774-8443
E. Special Provisions:
1. Match
The provider will provide match of at least 10
jAN 6 199
percent of the federal administrative funds
received. The provider's match will be made in the
form of cash, general revenue administrative funds
and/or inkind resources.
2. Co-payments for Services
The provider assures Older Americans Act paid
staff will not assess nor collect co-payments from
eligible clients for Older Americans Act funded
services. Subcontractors may charge co-payments
for services not paid for with Older Americans Act
funds to those persons able to pay part or all of
the cost of services.
3. Carry Forward Funds
Federal fiscal year funding provided in this
contract is subject to substitution by prior
year's carry forward funds in accordance with
procedures established by the agency. The agency
has the authority to re-award current year funds
in excess of five percent which are deobligated by
this process. This provision excludes senior
center carry forward funds.
4. Prioritization Policies
The provider shall develop and implement policies
and procedures to ensure Older Americans Act
funded services are provided to those with
greatest social and economic need, with particular
attention to low-income minorities. Individuals
who have two residences and who are requesting
services shall be referred to the Community Care
for the Elderly Co-payment for Service program.
These policies and procedures are to be furnished
to the agency as part of the area agency's service
provider application.
j A N 2 E 199~
IN WITNESS THEREOF, the parties hereto have caused this ~
page contract to be executed by their undersigned officials as
duly authorized.
PROVIDER: Collier County Board of County Commissioners
AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC.
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
NAME:Pamela S. Mac'Kie / NAME: MARY ALICE
FERRELL
TITLE:Chairwoman - Board of County TITLE: BOARD
Commissioners PRESIDENT
DATE: I-~.0- ~ ~ DATE: Z-~-Q ~
FEDERAL ID NUMBER:596000538
PROVIDER FISCAL YEAR ENDING DATE: 09/30/99
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
R~i [6
Chief Assistant
County Attorney
DATED :..., .:. ,,
,ATTEST'::'~ '~ '
·-/~t.~est as
TM ,:to Cha t~a.' s
s f'{ma'tu~e. enb.~>~''
JAN ? 199
ATTAC_NMmiT I
..... CONTRACT PaPORT C~T.~qDAR
ADVANCE BAS I S CONTRACT
TITLE III
Report Month Based On Submit to Submit to
Number AAA on State on this
this date date
I January Advance* Dec. 15 January 1
2 February Advance* Dec. 15 January 1
3 March Jan. Expenditure Report Feb. 10 February 15
4 April Feb. Expenditure Report Mar. 10 March 15
5 May March Expenditure Report Apr. 10 April 15
6 June April Expenditure Report May 10 May 15
7 July May Expenditure Report June 10 June 15
8 August June Expenditure Report July 10 July 15
9 September July Expenditure Report Aug. 10 Aug. 15
10 October Aug. Expenditure Report Sept. 10 Sept. 15
11 November Sept. Expenditure Report Oct. 10 Oct. 15
12 December Oct. Expenditure Report Nov. 10 Nov. 15
13 ~e Nov. Expenditure Report Dec. 10 Dec. 15
14 ~e Dec. Expenditure Report Jan. 10 Jan. 15
15 Final Final Payment Request Feb. 15 Feb. 28
16 Closeout Closeout Package Feb. 28 March 15
Legend: * Advance based on projected cash need.
Submission of expenditure reports may or may not generate a payment request. ff the closeout package
reflects funds due ba~k to the agency, payment is to w~ompany the report.
Note # 1: Report #1 for Advance Basis Coah-acts cannot be submitted to the State Comptroller prior to January 1 or
until the contract with the agency has been executed and a copy sent to the Comptroller. Actual submission
of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report.
Note # 2: A final payment request may be submitted to the agency by the prorider up to 60 .days. after the contra=t has
ended.
01/01/99 Contract No.OAA203.99
ATTACB~TT II
PROVIDER: Collier County Services for Seniors
Total Reimbursement
Services Cost Rote
Transportation $ 9.70 $ 8.73
Information $ 3.11 $ 2.80
Referral $13.29 $11.96
Screening/Assessment $21.13 $19.02
January 26, 1999
Item #16C4
AGREEMENT BETWEEN COLLIER COUNTY AND THE GULFCOAST SKIMMERS WATER SKI
SHOW, INC. FOR THE COMPLETION OF THE GRANDSTAND FACILITY CONSTRUCTION
Page 137
SUGDEN REGIONAL PARK GRANDSTAND AGREEMENT
THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTAND (Agreement) is entered
into on thi~day of'J, 1999, between GULF COAST SKIMMERS WATER SKI SHOW, INC.,
(Skimmers) a Florida NLo~ro~t Corporation, and THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the development of a
grandstand facility at Sugden Regional Park, Naples, Florida.
WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden
Regional Park located in Naples, Florida;
WHEREAS, the County executed a construction agreement with the Skimmers for the same
grandstand on January 7, 1997, amended this agreement to correct a scriveners error on May 4, 1997, and
amended this agreement to extend the term on July 28, 1998, and;
WHEREAS, the construction was delayed because of an inability to secure the necessary contractors
to complete the work, and;
WHEREAS, completion of the grandstand facility within the previously established time frame was
not possible, and;
WHEREAS, the Skimmers still desire to develop the grandstand facility located at Sugden Regional
Park and complete the project to the satisfaction of the County.
NOW, THEREFORE in consideration of the mutual promises and covenants exchanged herein, the
parties agree as follows:
ARTICLE 1. Demised Premises. The premises involved consists of the southeast part of the lake as
highlighted on the attached Master Plan.
Article 2. Term. The term of this Agreement shall be a minimum of four (4) months commencing on
January 28, 1999, and ending May 31, 1999. The Skimmers agree that all construction and improvements
will be completed by May 31, 1999.
Article 3. Modifications to Facility.
1. Prior to making any changes, alterations, additions or improvements to the demised premises, the
Skimmers will provide County with all proposals and plans for alterations, improvements, changes or
additions to the demised premises for County's approval, specifying the nature and extent of the desired
alteration, improvement, change or addition, along with the estimated starting and completion time for the
project, and including factual budget statements showing sufficient funding to complete any phase or
phases of the change, s, alterations, additions or improvements to the demised premises. If upon obtaining
the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers
fail to complete its work within the completion time as approved by the County, County may, at its
j A N 2 6 !99,q
election, complete said changes, improvements, alterations or additions, in which event all improvements
will belong to the County flee and clear of all liens or claims.
2. The Skimmers covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the demised premises, to observe and comply with all present and future laws,
ordinances, rules, regulations and requirements of the United States of America, State of Florida, County
of Collier and any and all governmental agencies having jurisdiction.
3. All alterations, improvements and additions to said demised premises shall be made in accordance
with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold
and to have become property of County and shall remain for the benefit of County at the end of the term or
other expiration or termination of this Agreement in as good order and condition as they were installed,
reasonable wear and tear accepted. If, prior to the termination of this Agreement, or within thirty days
thereafter, County so directs, the Skimmers shall promptly remove all construction materials, debris and
equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely
and/or fully remove all such materials, debris and equipment upon notice by County.
4. Upon commencement of this Agreement, the Skimmers shall construct the grandstand facility as
described above on the demised premises in a business-like and responsible manner, and the Skimmers
actions shall not conflict with County's regular control and daily operation of the Sugden Regional Park.
County will continue to maintain regular activities and services at the Park, but will not cause any delay to
the construction of the grandstand.
5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part
thereof to be used or occupied during the construction of the grandstand facility except for the grandstand
facility.
Article 4. Access to Construction Site.
County, its duly authorized agents, representatives and employees shall have the right after reasonable
notice to the Skimmers, to enter into and upon the demised premises at all reasonable hours for the
purposes of inspection.
Article 5. Indemnity and Insurance.
1. In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by
signing of this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and
keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty,
damage, injury, cost, attorney's fees and other charges imposed for any violation of any law or ordinance,
whether occasioned by the neglect of the Skimmers or those holding or acting under Skimmers, and that
Skimmers will, at all times, defend, protect, indemnify and save and keep harmless County against and
from all ~s, suits and actions, loss, injury, cost, attorney's fee, damage and expense arising out of or
from any accident or other occurrence, on or about the demised premises causing injury or death to any
person or damage in loss of personal property whosoever and whatsoever during the term of this
Agreement and all extensions hereof. The Skimmer's obligation under this provision shall not be limited by
2
,JAN ;:? E. 999
Skimmers limit of, or lack of, insurance protection. The Skimmers shall obtain and maintain with a
reputable insurance company, at its sole cost and expense, public liability insurance against property
damage or personnel injury arising out of the construction and use of the grandstand facility. Said
insurance must specify detailed coverage on the grandstand facility.
2. The Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of
this Agreement, comprehensive general liability insurance coverage, including bodily injury and property
damage, in the amount of not less than $1,000,000 combined single limits. The Board of County
Commissioners of Collier County shall be listed as an additional insured on said policy.
3. The Skimmers and/or Skimmers' general contractor shall comply with Florida's Worker's
Compensation Law. The insurance coverage shall be for statutory limits in compliance with the applicable
state and federal laws. The policy must include employers liability with a minimum limit of $100,000.00
each occurrence.
4. All insurance policies required shall be issued and written with a company or companies authorized
to engage in the business of general liability insurance in the State of Florida and authorized to do business
under the laws of the State of Florida, with the following qualifications as to management and financial
strength:
The 'Company must be rated no less than "A" as to financial rating in
accordance with the latest edition of the Best's Key Waiting Guide
published by AM Best Company, Inc.
5. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance
certificates of insurance prior to the construction of the grandstand facility which certificates shall clearly
indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a
type, amount and classification as required for strict compliance with this Agreement. The said general
contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior
written notice to County. The said general contractor shall assure that the insurance coverage provided
shall require the company or companies writing such insurance policy shall provide to County, written
notice of cancellation thirty (30) days prior to any such proposed cancellation. County reserves the right to
reasonably amend the insurance requirements by issuance of notice in writing to the general contractor.
Said insurance shall not exceed that required by the County for similar projects. Upon receipt of such
notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance.
Article 6. Utilities.
The Skimmers will be responsible for all utility service charges during the construction of the grandstand
facility.
Article 7. Development.
Skimsa~s shall he responsible for the retention of all necessary professionals, contractors and
subcontractors, etc., to complete the construction of the grandstand facility. All of same shall be legally
licensed to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be
responsible for all payments to all of same and does hereby and shall indemnify and hold harmless County
3
for any claims against County arising out of the construction of the grandstand facility. Skimmers shall use
all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the
project. County may review all bids received by the Skimmers. The facility must be designed as shown in
the attached Site Plan.
Article 8. Financing.
1. County agrees to contribute to the development of the facility in the mount of $53,415.91 for the
remaining construction of the grandstand facility. This amount represents the remaining unspent balance of
the project funds. The Skimmers covenants and agrees that it will continue to solicit contributions and
donations from other members of the community to help offset the expense of the construction of the
grandstand facility. They shall provide the County with written updates as to the financing and expenditure
of County funds for this project. The County reserves the right upon reasonable notice to audit the
account or accounts for the construction project.
2. Payments shall be made to the Skimmers within 30 days of receipt of a summary invoice and the
supporting invoices from the project's general or sub-contractors, and upon satisfactory review by the
County or its authorized representatives. Due to the inordinate delay in permitting this project, invoices
may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized
representative that the work was performed toward the design, permitting or construction of the
grandstand facility.
Article 9. General Provisions.
1. The Skimmers fully understands that the police and law enforcement security protection provided by
law enforcement agencies for the above-referenced demised premises is limited to that provided to any
other business or agency situated in Collier County, and acknowledges that any special security measures
for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers
and shall involve no cost or expense to County.
2. Skimmers agree that the facility shall be open to the public; however, the Skimmers shall have
priority use of the facility for activities, performances, practices, events, and or programs after County
activities are scheduled as long as Skimmers remains a not-for-profit corporation in good standing and
maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is
hereby agreed that a schedule of dates for activities, performances, practices, events, and or programs shall
be established in advance by both the County and the Skimmers so as to avoid scheduling conflicts. This
schedule must be agreed upon no later than 30 days prior to event, league, or program. Skimmers
expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that
would interfere with or adversely affect the operation or maintenance of the County's operations at the
park.
Article 10. Termination
Sho~d6 the ,%kiva,,~'w, xs' general contractor be found to have failed to perform his services in a manner
satisfactory to the Couaey as per Specifications, the County may terminate this Agreement immediately for
4
cause with a fourteen (14) day written notice. The County shall be sole judge of non-performance.
County shall be responsible for payment of all work performed up to the date of termination.
Article 11. Effective Date
This Agreement shall become effective upon execution by County and Skimmers.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
As to County:
Dated this ,- ~(._v~' day BOARD OF COUNTY COMMISSIONERS,
Dated this '%::~':~ day Gulf Coast Skimmers Water Ski Show, Inc.
By
John ((r. Gursoy, Presic~ent
WITNESS:
elly Iq. G fsc (Corporate Seal)
(Printed Name://' /
Approved as to form and
legal sufficien :
avid C. Weigel
~County Attorney
5
January 26, 1999
Item #16C5
CONCESSION AGREEMENT FOR THE GOLDEN GATE POOL AWARDED TO THAT'S
AMORE' IN NAPOLI
Page 13 8
GOLDEN GATE AQUATIC FACILITY CONCESSION AGREEMENT
THIS AGREEMENT made effective this---~_~day of~/).~., 1999, A.D. between Collier
County, a political subdivision of the State of Florida (hereinafter c~lled the "County") and That's
Amore' In Napoil, a Florida Corporation with offices at 4270 Atoll Court, #6, Naples, Florida 34116
(hereinafter called "Concessionaire").
1. SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire hereby
accepts from the County, the exclusive right to operate the following described concession at
Golden Gate Aquatic Facility, in conformance with the purposes and for the periods stated
herein and subject to all terms and conditions hereinafter set forth.
a. TERM. This Agreement shall be for a term of two (2) years, commencing February
15, 1999, and shall be renewable upon satisfactory performance by the
Concessionaire, for two separate additional periods of one (1) year each, under the
same terms and conditions. The County Administrator may extend this Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
twenty (120) additional days following expiration of the original one (1) year term or
following each of the extended one (1) year terms. The County must give the
Concessionaire written notice of its intention to extend the Agreement no less than
ninety (90) days prior to the end of the Agreement term then in effect. The
Concessionaire shall notify the County in writing within sixty (60) days prior to the end of
the respective Agreement term then in effect of Concessionaire's intention whether or
not to accept the extension.
b. FACILITIES. The County shall provide to the Concessionaire the use of the following
facilities and space:
(1) The Concessionaire shall vend his/her products in the area commonly
known as the picnic and activity pool location at the Golden Gate
Aquatic Facility.
(2) A space in the fenced area shall be provided for storage of food cart.
(3) A secured area for storage of the Concessionaire's cash register will be in the
storage room located on the west side of the bathhouse facility at the Golden
Gate Aquatic Facility.
c. USES. The Concessionaire is authorized to conduct the following types of business
and to provide the following services, and only such business and services, at the
location as set forth below:
The sale of food and sundry items, and any other lawful activity approved in writing by
the Director of the Parks and Recreation Department in the area commonly known as
the picnic and activity pool location at the Golden Gate Aquatic Facility. A list of food
and sundry items that will be sold is attached (Attachment A).
-i-
jAN 1,99
2. NOTICES. All notices from the County to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
That's Amore' in Napoil
4270 Atoll Court #6
Naples, Florida 34116
Attention: Mr. Anthony Fusco, President
All notices from the Concessionaire to the County shall be deemed served if mailed by
registered mail to the County at the following address:
Director of the Parks and Recreation Department
3300 Santa Barbara Boulevard
Naples, Florida 34116
3. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the
Concessionaire; that the corporation is a concessionaire and not a lessee; that
Concessionaire's right to operate the concession shall continue only so long as the
concession operation complies with the undertakings, provisions, agreements, stipulations
and conditions of this Agreement.
4. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed
as creating a partnership between the County and the Concessionaire. Concessionaire is
not an agent of the County.
5. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void. Concessionaire agrees that without the prior
written consent of the Board of County Commissioners, no shareholder shall sell, assign,
transfer or convey his/her stock (except by operation of law), nor shall the corporation
issue any additional shares of stock. if any such transfer or issuance will effectively change
the ownership of the corporation. However, the shareholders have the right to convey
between themselves and their spouses and children without the County's consent.
6. MAINTENANCE. The Concessionaire shall, to the satisfaction of the Director of Parks and
Recreation or authorized representative provide normal and routine daily maintenance of
the food vending cart, keep the equipment in a good state of repair, free from hazardous
conditions and deterioration.
7. USE OF THE FACILITIES IS PRIMARY. The Golden Gate Aquatic Facility is for the use
of the public for recreational and other public purposes and the public's right to such use
shait not be infringed upon by any activity of the Concessionaire.
-2-
' ,;iA!~ '.? ~ 1999
8. SECURITY. The Concessionaire must provide at its expense any security measures to
protect its area and equipment and materials. Such security measures shall not violate
any other restriction(s) of this Agreement.
9. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits
and licenses necessary for the conducting of business and shall comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Concessionaire The Concessionaire shall also be solely responsible for payment of any
and all taxes levied on the concession operation or any other taxable activity on the
premises. In addition, the Concessionaire shall comply with all existing and future
applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S.
Government.
10. TRASH AND GARBAGE REMOVAL. The County will provide all garbage, trash and
rubbish receptacles within the confines of the area. Dumping of receptacles and removal
of trash, rubbish and garbage in the area of concession operation shall be the
responsibility of the Concessionaire, The Concessionaire agrees to perform daily removal
of litter in the immediate exterior area within fifty (50) feet of the food vending cart
concession and also police area and remove litter around the activity pool.
11. UTILITIES. The County shall pay for all utilities except all telephone charges including
telephone installation and all other charges related to telephone service.
12. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this
Agreement, a percentage of 15 % of the total gross revenue or a minimum monthly dollar
amount of $200.00, whichever is greater, of the Concessionaire's business of operating a
food vending cart.
Said payments shall be tendered to the County by the 15th of each month for the preceding
month, and such payments shall be accompanied by a statement of gross receipts for the
preceding month. The applicable Florida State Sales Tax on payments to the County as per
this Agreement shall be added to the Concessionaire's payment and forwarded to the County
as part of said payments. The County is to receive its revenue payment as net, free and clear
of all costs and charges arising from, or related to Concessionaire's obligations under this
Agreement and that the guarantee or the percentage of total gross revenues be paid monthly.
The term "gross revenue" or "gross receipts" means all income collected, accrued or derived
by the Concessionaire under the privileges granted by this Agreement or other document
entered into with the County, excluding amounts of any Federal, State or other tax collected by
the Concessionaire from customers and required by law to be remitted to the taxing authority.
The Concessionaire shall provide the County Finance Department a Statement of Gros. s
Receipts. Such statement shall be certified as true, accurate and complete by the
Concessionaire. The Concessionaire agrees to use point-of-sale machines or other
accounting control equipment for the proper control of cash and payment. All financial records
are to be maintained during the entire term of this Agreement and for a period of three years
following the termination of this Agreement. The Concessionaire shall provide a copy of its
State Sa(es and Use Tax Report for the same accounting period as required for the Statement
of Gross Receipts.
°3-
13. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that
amount, and any other taxes and fees due must be submitted to the County through the
Director of Parks and Recreation, to be received no later than fifteen (15) days after the close
of each month. In the event the Concessionaire fails to pay this consideration within five (5)
days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late
payment, in addition to interest at the highest rate allowable by law. If the payment of
consideration and accumulated daily penalties are not received within thirty (30) days after the
normal monthly due date, then the County may take possession of the Concessionaire's
assets on County property, and may cancel this Agreement. A monthly report of activities
shall be submitted to the Director of Parks and Recreation by the 15th of each month. This
report shall accompany the monthly statement of gross revenues and will be subject to audit.
The County has no duty to notify the Concessionaire of its failure to remit any such payment or
report.
14. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage,
flood, civil disorders, act of God, etc., to some but not all of the facilities and equipment, the
County will allow pro rata adjustment of monthly payments up to the time such damage is
repaired.
15. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from
the Golden Gate Aquatic Facility any personal property brought thereon or any replacements
thereto by the Concessionaire for the purpose of this Agreement, except such items as may
be removed with the express written permission of the Director of Parks and Recreation.
Upon expiration of the term specified in Paragraph l-a, if the Concessionaire has made full
payment under this Agreement, and has fully complied with the terms of this Agreement, he
may remove his personal property including equipment from Golden Gate Aquatic Facility and
shall do so within fifteen (15) days following the expiration of this Agreement, provided such
personal property and equipment must be removed without damage to the premises. On
Concessionaire's failure to do so, the County may cause same to be removed and stored at
the cost and expense of the Concessionaire, and the County shall have a continuing lien
thereon in the amount of the cost and expense of such removal and storage until paid, and
County may sell such personal property and reimburse itself for such costs and expense, plus
all expenses of the sale.
16. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now exist
and may hereafter be prescribed by the County in the future to provide evidence that all terms
of this Agreement have been and are being observed. The Concessionaire grants to the
County the right and authority to audit all records, documents, and books pertaining to the
concession operation. Such audit will be conducted at locations and at a frequency
determined by the County and communicated to the Concessionaire. The Concessionaire
agrees to provide materials for the audit at the place designated by the County within three (3)
business days after the County's notice to do so is received by Concessionaire all at no cost to
the County.
' JAN ? !:~ ~ocl9
17. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of
surveys and to provide reports of visitor usage of concession services. The County shall
provide Concessionaire with a schedule of activities one week in advance of the date of the
planned activities. County shall provide Concessionaire with notice of the availability of plans
for any remodeling of the facilities. The Concessionaire shall have the right to make
improvements to the Concession, however, written approval must be obtained from the
Director of Parks and Recreation. The Concessionaire must submit plans in writing for
approval.
18. INSPECTION. The Concession facilities and premises may be inspected at any time by a
authorized representatives of the County Administrator or his designee or by any other agency
having responsibility for inspections of such operations. The Concessionaire agrees to
undertake immediately the correction of any deficiency cited by such inspectors.
19. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the concession
operation by any public agency or official in enforcing their duties or any laws or ordinances.
Any such interference shall not relieve the Concessionaire from any obligation hereunder.
20. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all claims
against the County for loss or damage sustained by the Concessionaire. The Concessionaire
hereby expressly waives all rights, claims, and demands and forever releases and discharges
the County from all demands, claims, actions and cause of action arising from this Agreement
except intentional torts.
21. NO LIENS. Concessionaire agrees that it will not suffer or through its actions or by anyone
under its control or supervision, cause to be filed upon the property any lien or encumbrance
of any kind. In the event any lien is filed, the Concessionaire agrees to cause such lien to be
discharged within ten (10) days of written notice to do so from the County.
22. ORDERLY OPERATIONS. ETC.. The Concessionaire shall have a neat and orderly operation
at all times and shall be solely responsible for necessary housekeeping services to properly
maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live
on the premises.
In the event of any violation of this Agreement by the Concessionaire, or if the County or its
authorized representative shall deem any conduct on the part of the Concessionaire to be
objectionable or improper, as noted on the Concession Inspection Report, the County shall
have the right to suspend the operation of the concession should the Concessionaire fail to
promptly correct any such violation, conduct, or practice to the satisfaction of the County. The
Concessionaire shall not commence operation during such suspension until the violation h~s
been corrected to the satisfaction of the County.
23. EMPLOYEES; MANAGER. The Concessionaire shall employ people to work at this facility
who are r~eat, clean, well-groomed and courteous. All employees shall observe all the graces
of personal grooming. Subject to the American with Disabilities Act, the Concessionaire shall
supply competent employees, who are physically capable of performing their employment
duties and the County may require the Concessionaire to remove an employee it deems
careless, incompetent, insubordinate or otherwise objectionable and whose continued
employment on Collier County property is not in the best interest of the County. All
,iAN ~ ~ ~,999
Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other
identifying marking. The Concessionaire shall have an experienced manager overseeing the
concession operations at all times when open for business.
24. HOURS OF OPERATION. The concession shall be open and properly staffed during
weekends, holidays and all school holidays (including summer vacation). The hours of
operation shall be from 10:00 A.M. to 7:00 P.M. The Concessionaire may open at an earlier
time and close at a later time subject to prior written approval of the Director of Parks and
Recreation Department. All hours of operation shall be conspicuously posted and easily read
by park visitors. The Golden Gate Aquatic Facility will be closed for Christmas, Thanksgiving
and New Year's Day and for Snowfest (usually held the first weekend of December).
25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use
in any manner whatsoever, the concession facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, or County Law, Ordinance, rule,
order or regulation, or of any applicable governmental rule or regulation now in effect or
hereafter enacted or adopted.
26. PRICES. The Concessionaire agrees that prices and fees charged for concession
merchandise and services will be priced comparable to those charged for similar merchandise
and service in the general vicinity of the park. All prices must be displayed and visible by the
Concessionaire' s customers. All such prices and fees must be approved in writing by the
Director of Parks and Recreation or designee. The Concessionaire shall rent or sell only those
items approved in writing by the County. Vending machines are currently located at the
Golden Gate Aquatic Facility and will remain there; Disconnecting the vending machines is
not allowed. The Concessionaire may sell similar products to those being sold in the vending
machines; however, Concessionaire's price must be the same as the vending machine price.
27. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities
the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar
substances, or explosives of any kind, or any substance or articles prohibited in the standard
policies of fire insurance companies doing business in the State of Florida.
28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms
and conditions hereof and such default is not cured within fifteen (15) days after written notice
is given to the Concessionaire, the County may cancel this Agreement and revoke the
privilege of the Concessionaire to come upon the County's property for purposes for which the
concession was granted and may oust and remove all parties who may be present or occupy
any part of the premises for the purpose of exercising any rights so revoked.
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed'or
national origin in the operations referred to by this Concession Agreement; and further, there
shall be no discrimination regarding any use, service, maintenance, or operation of the
premises. All facilities located on the premises shall be made available to the public, subject
~ the r~ of the Concessionaire to establish and enforce rules and regulations to provide or
the safety, orderly operation and security of the facilities.
30. TERMINATION. The Agreement may be terminated by the County immediately due to any
material breach of this Agreement, including, but not limited to, failure of the Concessionaire to
maintain the approved hours of operation or failure of the Concessionaire to provide a receipt
-6-
to each customer for every transaction. The County shall be sole judge of no~-Apl%n2~r~a'~cge.
Further the County may terminate this Agreement for its convenience by giving the
Concessionaire not less than a seven (7) day written notice of such intent. During the
notification period, both parties agree to meet its respective contractual obligations in good
faith. The Concessionaire shall have the option to terminate this Agreement during the first
one hundred eighty (180) days of the Agreement term specified in Paragraph 1-a. The
Concessionaire shall also have the option to terminate this Agreement during the first sixty (60)
days of the second year of the Agreement term specified in Paragraph 1-a. The
Concessionaire shall notify the County in writing of his intentions to terminate by giving no less
than a thirty (30) day notice.
31, COUNTY CONTROLS OF GOLDEN GATE AQUATIC FACILITY CONCESSION. Nothing in
this Agreement will preclude the County from using the public areas of Golden Gate Aquatic
Facility for public and/or civic purposes as deemed necessary by the Director of Parks and
Recreation.
32. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided.
Vehicles will park only in areas designated by the County for vehicle parking.
33. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the
Law of the State of Florida.
34. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all public
approaches to the Concession. All signage, advertising and posting shall be as approved by
the Director of the Parks and Recreation Department. Signs that will be used for advertising
purposes shall be constructed and maintained to County Standards as defined by the Code
Compliance Department. The use of the Collier County Logo is prohibited.
35. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the
County of Collier and its officers, employees and agents free and harmless from and against
any and all losses, penalties, damages. settlements, costs, charges, professional fees or other
expenses or liabilities of every kind and character arising out of or relating to any and all
claims, liens, demands, obligations, actions. proceedings or causes of action of every kind and
character in connection with or arising directly or indirectly out of this Agreement and/or the
performance thereof. Collier County will be responsible for its sole negligence.
36. INSURANCE. Before commencing work of any kind (1) the Concessionaire shall procure the
following insurance with insurance companies licensed in the State of Florida, and (2) shall file
evidence of such insurance with Collier County's Risk Manager.
A. Commercial General Liability: Coverage shall have minimum limits of $500,000 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. Workers' Compensation: Insurance covering all employees meeting Statutory Limits
in compliance with the applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and included as
an Additional Insured on the Comprehensive General Liability Policy.
-7-
j/~~;!'~:t~.~
Current, valid insurance policies meeting the requirement herein identified shall b~'mai'r~t~i~ni~d
by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to
the County at least 30 days prior to any expiration date. There shall be a 30 day notification to
the County in the event of cancellation or modification of any required insurance coverage.
Concessionaire shall insure that all of its subcontractors comply with the same insurance
requirements that Concessionaire is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
37. THIS AGREEMENT shall be administered on behalf of the County by the Parks and
Recreation Department. As used herein, the word "County" shall refer to the Director of
Parks and Recreation unless the context renders such construction illogical.
38. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: All Insurance Certificate.
IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an
authorized persoft'or agent, hereunder set their hands and seals on the date and year first above
written. , :..:'::... :: :..-';~:'~ !::.~ ," ::':, ,'
: ~ :-:"':~'~:-'~ ....:, ~t:~; /"'~ .:.~ %' COLLIER COUNt, FLORIDA
;~:;. ~ ' "': v:"" '~: ' ' ~,2OURTS ~am~a S.acKi
By:
/
THAT'S AMORE' IN NAPOLI
CORPO~TE S~L The "Concessionaire"
President of
That's Amore' in Napoil
name of President
Approved as to form and
Assistant Coun~ A~orney
-8-
ATTACHMENT A
1. Italian Ices
2. Pre-packaged ice cream
3. Popcorn
4. Frozen chocolate covered bananas
5. Pretzels
6. Candy
7. Chips
8. Soda
9. Bottled Water
10. Hot Dogs
11. Pizza
12. Sandwiches
13. Fruit Cups
~9-
~ . ~ ,,',~ ,, , ; r,: : F .'°~'~ ':2 , '4 ~ '..~ ~ ~
, ~,.
~ ~ ,.,
G~SS ANO SIGN , } ELECTRONIC DATA PR~ ', i BOILER & MACHINERY
. l G Z~/... ~ ~ ,~. ~o.,. , C~%%%',~''~ ~,%~&%%,LI~ ~" :. ~,~
;~.c~ ~u~?o~g 6 ....... , cmu~scsk~.mus cmus ~ eum.sss ~u?o " j u~e.sk~
BOUND (GNi Dam an~or A~ach Co0y): PROPOSED EFF DATE J PROPOSED EXP DATE ~ 81LLING P~N PAYMENT P~N
............... ......
~ ;D ~//cZ., ~ ,
....... ~h'E.r ~/-,~Z/~.
INDIVIDUAL ~ ~ CCRPORAT~QN ~ SUBCHAPTE~t 'S' CORP~DRATIBN ~ NOT F~R PROF~ YEARS
}' I/, [ I I ~INSZDE ~ i OWNER
LX~' , ~% , . . . ~ ~ OUTSI~E. T~NA~
., , , .
EXPLAIN ALL 'YES' REEPONSES YES{ NO EXPLAIN ALL 'YES' REBPONSEB ~YE!
1. IB THE APPLICANT A SUBSIDIARY OF ANOTHER ENTITY OR DOES ~/4. ANY CATABTROPHE EXPOSURE?
2 :P 5. ANY OTHER INSURANCE WITH THIS COMPANY OR BEING SUBMITrED?
2. Q ~. ANY POLICY OR COVERAGE DECUNED. CANCELLED OR NON-RENEWED
3. ANY EXPOSURE TO FL,~MMABLES. EXPLOSIVES. CHEMICALS? ! ! v/ DURING THE PRIOR 3 YEARS? NOT APPUCABLE IN MO
REMARKB
APPLICA ' S .... ~.~.~ PRODUCER'IS
~R) YEARS:
~CY NUMLtER t ,
.... |
TRO DArEr
~e.e.,~,~G.e~,,e ~ "~ ' l ........ : ............... JAN 2
....... ~ ';' j , ' ,
FIRE DAMAGE ~ .... /... ~ ............ 2
;' MEDfCAL EXPENSE
~; BODILY ~CURRENCE ~/
~PROPERTY OCCURRENC~ " //' ' .....
COMBINED SINGLE LIMIT ~
F MODIFICATION FACTOR ~ ...........................
TOTAL PRE~UM 'v/
................... ~..
; ~u~ ~u~9~p' .......... z ..................
L { POLICY ~FE
~ ,,
~ , COMBINED SINGLE LIMIT ~ /
, I 90QILY EA PERSON ~,.
T ......
~ MOD~RC~TION FACTOR ~,~
~: TOTAL PREMIUM /
P ' POLICY NUMBE~ (
O
p ~ POLICY ~PE {
E ~ PERS
~ .........
I LIMIT j J
s ~DtFiCATiON FACTOR I J z. ' ,
TOTAL PREMIUM )
ENTER ALL C~IMS OR ~CURRENC~S THAT MAY GIVE RISE TO C~IM8 FOR THE PRI ....
DATE OF DAT~ AMOU~ AMOU~ C~tN
OC~URREHCI UNE ~P~EECRI~ON OF OCCURRENCE OR
OF C~IM PAID RESERVED STA~
"
i ................ ,.
REMARKS NOTE: ROEU~ REQUIRE~ A ~ YEAR LOSl HISTORY
2. 00 ANY OPERATIONS INCLUDE BLASTING OR UTILIZE OR STORE ' '
E)CPLOSIVE MATERIAL? ~ ~ 5. ARE SUBCONTRACTORS ALLOWED TO WORK WIG CERT OF IN,~?-
3.00 ANY OPERATIONS INCLUDE EXCAVATION, TUNNELING 6. DOES APPLICANT LEASE EQUIPMENT TO OTHERS WITH OR
UNDERGROUND WORK OR EARTH MOVING? WITHOUT OPERATORS?
REMARKS'DLSCRISE THE TYPE OF WORK SUBCONTRACTED 1% OF WORK SUBCONTRACTED: ~ I FULL TIME STAFF:
] · PART'rIME STAFF:
PRODUCTS/COMPLETED OPERATIONS ,' ". :!, .,Dt'~,,t"~,~:~'~'~~~tJ~-,~.~"~""'w~"2
PRODUCTS ANNUAL GROSS SALES # OF UNITS MARKET PLEIFCZ INTENDED USE PRINCIPAL COMPONENTS
' ' NQI EXPLAIN ALL "YES' RESPONSES (FOr Iny pleI or l3rII~nt Droduct or ol)eNtlonl IYES
EXPLAIN ALL 'YES' RESPONSES (For any plet or present producl or operltlon) EYES,
I. DOES APPLICANT INSTALL, SERVICE OR DEMONSTRATE PRODUCTS? , :i ~ 6. PRODUCTS RECALLED, DISCONTINUED, CHANGED?
2. FCRE~GN P~GDUCTS SCLD. DISTRIBUTED, USED AS COMPONENTS? !~ / [ 7. PRCDUCTS OF OTHERS SOLD OR RE-PACKAGED UNGER
3. RESEARCH AND DEVELOPMENT CONDUCTED CR NEW ~ APPLICANT LABEL?
PRCnUCTS ,=LANNED,? i , 8. PRCDUCTS UNDER LABEL CF OTHERS?
4 GUARANTEES. WARRANTIES. HCLD HARMLESS AGREEMENTS? ~ ~ 9. VENDORS COVERAGE RECUIRED?
5 PRCDUCTS ~ELATED TG AiRCRAFT/SPACE iNDUSTRY? .,L,,~ 10. DOES ANY NAMED INSURED SELL TO OTHER NAMED INSUREDS?
PLEASE ATTACH LITERATURE. 3RIDCHURES. LABELS, WARNINGS, ETC
~.DDITIONAL INTERESTS/CERTIFICATE RECIPIENTS (Attach ACORD 45 for addltlo.nal , ' '-?. ~' ' ~ 'Z '- ':, · "" ' '
.oRTGAGE IBCd,'O1, 8LZ cc ,, , Cc, '
__~ ., · SCHEDULED ITEM NUMEER:
GENERAL INFORMATION ..... ~:, .. ,. Z&
I ~ ' IYE~
EX~L~IN,~LL "YES" RE~O~ ~ i ~1~1 ~r ptlll~l O~rallonl) ;YE5t NO I EXPLAIN ~LL ~ES* RESPONSES (~or Ill ~lll or ~mmenl
I. ANY MEDICAL FACIU~ES ~O~IQED OR MEDICAL PROFESSIONALS . ~ 9. RECREATION FACILITIES PROVIDED?
EMPLOYED OR CON[~G]? 10. IS THERE A SWIMMING POOL ON THE PREMISES?
......... .-
2, ANY EXPOSURE TO R~O~CTIVENUCLEAR MATERIALS? ,-- . 11, S~ORTING OR SOCIAL EVENT8
.................
3. OOIH~VE ~AST, ~RES~NT OR OISCONTINUED OPERATIONS / 12, ANY STRUCTURAL ALTERATIONS CONTEMPUTED?
INVCLVE~D) STORING, TREA~NG, DISCHARGING, APPLYING,
DISPOSING, OR TRANSPORTING O~ HAZARDOUS MATERIAL? 13, ANY DEMOLITION EXPOSURE CONTEMPUTED?
(e.g. laneSills, wastes, fuel tanks, elc) 14, HAS APPLICANT BEEN ACTIVE IN OR IS CURRENTLY AC~V~ IN
4. ANY OPEaATIONS SOLD, ACQUIRED, OR DISCONTINUED IN ~ JOINT VENTURES? -
LAST 5 YEARS? ~l 15. ~~PLOYEES TO OR FROM O~ER EMPLOYE~?_
5. MACHINERY OR EQUIPMENT LOANED OR RENTED TO O~ERS? ~ I 16. IS THERE A MBOR I~ERCHANGE WI~ ANY OTHER BUSINESS
R I
6. ANY WATERCRA~, DOCKS, FLOATS OWNED, HIRED OR LEASED? I ~ O SUBS DIARIES? , : ,
7. ANY PARKING FACILITIES OWNED/RENTED? 17. ARE DAY CARE FACILITIES OPE~TED OR CONTROLLED? '
8. IS A FEE CHARGED FOR PARKING?
RBARKS ·
ACORD 126-8 (3/93} :>../.q,~:~,'~b;.~,~t~::1:~I~ATTAC;I:I;O.~P, PI:(O~If/IlN~gR~K~Q~]~Tg . .
PRODUCER'S CERTIFICATION AND ASSIGNME,NT ]i ~ ~ t~
The urgereigned unconditionally represent= that the insurance policies lis=e~ ~n thi~ 'ree-
d,eat are in force; that the premiums therefore are correct; that the down pa~e~t shown a eve
has been collected: tha~ the named insured is not in bamkruptcy; that thc insured has received
a c-.3y of this acrestens; that no audit~cr re errins form oolicies, subject to retrospective
-~.%~hg or ~o miniumum c=rned premiums'are included In this'acreement exceot as indicated,
t~e deposit or nrovisicnal remiums for the indicated policies are not le~s than the anticipaz
p~emiums to be ~arned for tee full term of the olicies; and that ncne of the policies
contain provisions which prohibit cance_lation Ey the insured or the comaany wxthin 10 days
except as indicated. nor except as indicated is the unearned premium on ~he scheduled policies
to be computed bytethey than the standard short rat prorata table. In the event of cancell
aries of any of t,lc co_isles financed, should th ~u~ premium or any pertics thereof come
into the possession ~f tile undersignc~, the un rsignedlcrees to ~rcmut.v remit to ASi the
unearned premium including unearned commissio appl~cab]. 'to such canc~II~d policy(lee). The
policy(lee) listed heroes h~ve bc~n issued/Al~al goats or brokers encased cn the
policy(ies) are listed cn this a=ree~ent. ~xce the ass o_ ~he residuai'm~rket, we ar~
third ar~y and uhaz'tl%cv are net in bap2{ru~ncy. ~n u.re event the insured f~i_s to'pay any
inszai[men~ when due, an~ after notice is glven under a~p!icable state law, discicsed ~n the
disclosures heroin, ASi may request cancellation of any policy included hereby. The insured
furEkes a~rees ~haz in the evens thaz zhc toga! premium is greaser zhan thaz shcwn cn line A
the front'hereof.able ccnnracz may be refinanced to reflect the aczual premium and the insurc~
acseu~s such ref~nancinc hv payment of tke auuropriate down~avmen~, writsen consent of the
insured, cr boa.h, whlck&ve~ is'applicable under state law. Th~ insured ~gr?zu paymc~= ~us= he
rec~=ived in ASi effaces prior to Zke effective date cf cance!!aZicn, anu ~x r~ce~vec a~ter t~
cance!!at~on daze, Fa':':nenz will be ~czepzed fcr crcdiz to she insured's acc~unz withcur
cb!i~azicn tc have szn-Je!!anicn .... ~czs withheld cr r~scinded. The insure~ a=rees nkat all
unearned, fezurn pr~u~s disbursed ~v an insurance company (cr _~uaranZee fun~ in the evens
ccmcanv insolvenc'.'} w!zl~ resoecz ZD t~e ~oiicie= covered hereby shall be ~av~bie to ASI and
credited tz any h~!ance due,'anv cxce=s Bf which ska!i ~e Daid't~ the insured as as~!icabie
under staue ~aQ and a:~'/dellclans'? for which the insured ~ha!! remain !iahie. The'Ensured
agrees thau She finenor charge cn line F will ~g%n Z= accrae cn =he earliest of nke date cf
zhls agreemess cr zh'a incepz~c~ c!aze o~ she polleLse, huz no earlier than the incepzicn daze,
and fursher aurecs tnac the insurance aces= or acenov <including emDicvees, associates cr
re=resentat~vez t~'~ =', named heroin, ~s not ~he a~enz cf =c~ and ~=s auzhoritv to bind
, . .............. ~ nc
hy an acZ wi~hcuz ASi=s writsen agreemess. The insured across than ASi is a !ended, ncz an
insurer. and tl:az ASi assumes nc liability hereunder as a~ insurur. Tke insured agrees th~z
may eicn my (cur> na~e zc an'/~c~s roTaired tc cbzain unearne~ ~remiums za'=,ahie ~v check or
drafts'co me (us3 ~, reascn of cznce!l~zion of the uc!icies described heroin for ci}, reason.
jURISDICTION
This Agreemona sk~il ~e norformed and construe~ in accordance with the law of the scare of
Innured's residence sr Tlace of business as shown cn the front of skis Agreemenz.
GENERal DISCLOSURE FOR ALL iNSUREDS
Under she law, you !lave the rz=h= Zo nay c~'f in aavance zne full amount due azd =c c~tain a
refund of the u~cArned financc'charce~ ~hcwn in line F, except for ~ke service charue,comFuze~
by the rule of 78s (aczuarial me~hc~ in she sZa~es of New Jersey, Pennsv!vania and ~ermont).
The Federal Equal Crcdiz Cpporzunit'I Act prohibits creditors from discriminating againsz cred~
app!icanUs on tl~e basis of sex or maritai s~a~us. You have the right to receive a written
zzatement of your acecuts.if your written re.sues= is made w~thin one year cf your final inure
meat paymenu. Ycu will be liable fDr any deficiency balance and reasonable atzorn~v's (nc~
emuioyee of ASI) fees limited =c 20% (15% in the Szaze of Maine) of ~he deficiency in the
co~!eczicn thereof.
Fur Florlda Insureds
The finance charge includes an additional,non-reEundable seT/ice fee of $20.00.Upon default
any installment, a delinquency charge of five percent (5%) of the installment with a minimum
of $10.00 (maximum of $I0 on a consumer account) will be assessed after five days, and ASI/AP.
will send written norice to you and your agent. You will given a ten-day period to cure the
default. If =l:e defauiZ is not cured, ~.%SI/APSI will send written notice of cancellation to yc!
insurance company(nee), and provide you wlzh copies of such notice(s), You will be assessed
d
for each ishonored c..eck.
FROPFA~9 (02/20/9~)
~S~,Ti~ PREMIUM FINANCE AGREEMENT 3A~3
C. (this iF nnl: an insuran:~ ~olicy)
AGEN~ SERVICES, INC- ccu~= ~o=k ReCessed
PREMI~ SERVI E , INC. ~DL
AGE~TCY C S
939 Zlkrid~c ~ndlng ~e.~d. Suite ]00 .' Monthly ~illin= xcm~e~ed
~lnthicu,~. MD 21090 {~x0~ee~-exe0/(s~c~:-~=3 Statement of Tranaaction" RE~AL
INSURED'S N.~E/ADDRESS & TELEFHO~ ~ A.TOT~ PREMIUMS(CASH PRICE) 550.0
~HO~ FUSCO B. LESS DO~PA~ENT 13 8.0
4270 ATOLL CT ~6 C.~PAID PREMIUM BALANCE 412.0
Th~' ~{~ ',n ~(LFo'j D.DOC ST.~MP T~(FL ONLY] 1.7
NAPLES [L E.~O~T FIN~CED The amount of
34116- credit provided to you or on your behalf 413.7
PRODUCER' S NkME/~DRESS & TELEPHONE ..F . FIN~CE C~GE
.... ~ .
].he dollar amour the credit will cost you 57 2
~ ' ~ G.TOT~ OF PA~S (E+~)
~ ~1~{( ~ · ~ The amount you will have paid after you 470.
M ~ ~ H. 9 MO~HLY PAYMENTS OF 52.3
I .TOTAL S~E PRICE (A+F) 608.
~ .. ' including ~.e do~ pa~e~
L DUE DA7 PAYMEXT ' fP
an a yearly rate 32
' ~'~ 12 {PREFERRED NATIONAL ! ~7' L
Natice: ~. -De nat =~gn bhLs ~ee~.=t ~o~e ya~ ~ea~ !~ a~ Lf iC cc=tains
~a=aeme=t. UnSe~ hhe ~w, yo~ h&ve the ~±ah~ ~a ~&v c~ ~= aSv~e the
a~cun~ due and under cereals ccnditii~ns ~o cbua~n'a partial refund of the
service charge.
PREMIUM FINANCE AGRER~MENT
In consideration of the pa~.enz f~r the account of ~e underslcn~d insured bv Agenc~ Services
inc.; ASI, Inc. (ASI) or Agone7 Premium Services, inc. (APSI) 6f the amount ~inanceu on
insurance premiums shown cn line C, the undersigned promises to pay ~o the order of ASI/APSi
a~ =he address oho,~n above, t..e tcua! aymen=s shown on line G, in'the number of insta!!menmn
indicated, eac~ ins~ailmcnt t; be in ~Ee amount shown on line H, n.he first inst~!!ment to be
due and payable on the da~c shown on line L with the remainins inszni!ments due and pa able
cn the same day of each succeeding mcnz!~ thereafter, subject [o ~he ~rovisicnz arld applicable
disclosures shown on the front and back side oZ this agreemenn.
ASSIGIqME~TT
The undersisned insured assigns to ASI/APSI as security for the total amount payable hereundo
any and a!i'uncarned premiums, endorsement credits or other credits, which may become payable
under the insurance policies, the premiums for which are financed hereunder, agrees non to
assign any of the policies covercd hereby except for the interest of morUgagecs or loom aycc
without the written consent of ASi/APSI; -and that all rights conEerred upon AS!/APSI sha~
inure to their successors or assigns.
POWER OF ATTORNEY
I/we do hereby irrevocably for the duration or ~ ccn=rac% constitute and appoint ASI/APgI
my/our attorney in fact, in the event of nonp f the installments, to authorize and uiv
no~ice of the cancellation of the insurance ;) shown a~ove. Further, I/we agree that
~ma.. . ie~ due fro:
the. insuring comp..,any(i~s).
PROPFA'II9 (02/20/9~)
WORKER'S COMPENSATION AFFIDAVIT
COMPANY NAME 'T"fx~'F'5
MAILING ADDRESS
BUSINESS ADDRESS
BUSINESS PHONE q
PROJECT P..o~c-liss, o
This is to certify that ?x D \~,.~ ,.,~ F u'Sco
Is exempt from Worker's Compensation coverage as defined in Florida
Statue 440, and will not hire additional employees that would pierce the
threshold during this contract period.
It should be noted that organization involved in the construction trade might
not be exempt should they have one (1) or more employees. Organizations
that are not construction related may waive Worker's Compensation in
accordance with Florida Stature 440 if they have less than four (4)
employees.
State of Florida
County of CQ/I',~c'
The foregoing instrument was acknowledged before me this
oq~~'~ Ck'X,-, ~ [:r__--clq~%" by (~C~--Xr~o-F,,.1 ~%c o
who is pers6nally'known to me or has produced .1EL_
as identification and who (did/did not) take an oath.
Signature of person taking acknowledgment
,V c nGG L.
Name of acknowled. ger (typed, printed, or stamped)
Title
· :'f& RI-IONDA L. SNI]LL
· :L
January 26, 1999
Item #16D1
BID #98-2887, FOR ON-CALL PLUMBING EQUIPMENT REPAIR AND MAINTENANCE -
AWARDED TO SHAMROCK PLUMBING, INC.
Item #16D2 - Deleted
Item #16D3
PURCHASE OF THREE (3) FULL SIZE, 2 DOOR, 4-WHEEL DRIVE UTILITY
VEHICLES FROM THE STATE OF FLORIDA AUTOMOBILES AND LIGHT TRUCKS
CONTRACT - IN THE AMOUNT OF $71,865.00
Item #16D4
CONTRACT RE RFP #95-2338, FOR THE REPLACEMENT OF INTEGRAL PIPING ON
UNDERGROUND FUEL STORAGE TANKS - AWARDED TO LAW ENGINEERING &
ENVIRONMENTAL SERVICES, INC. IN THE AMOUNT OF $92,000.00
*** See Work Order at the end of the Minutes ***
Item #16D5
SATISFACTIONS OF CLAIM OF LIENS FOR WATER AND/OR SEWER SYSTEM IMPACT
FEES
NO DOCUMENTS RECEIVED AS OF MARCH 15, 1999
Page 139
January 26, 1999
Item #16D6
BID #98-2898 FOR THE ADVERTISING OF DELINQUENT REAL ESTATE AND
PERSONAL PROPERTY TAXES - AWARDED TO TUFF PUBLICATIONS, INC.
Item #16D7
NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER
SYSTEM IMPACT FEES BETWEEN WINTERVIEW COURT LTD A FLORIDA LIMITED
PARTNERSHIP AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA
NO DOCUMENTS RECEIVD AS OF MARCH 15, 1999
Page 140
January 26, 1999
Item #16D8
RESOLUTION 99-75, RE AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMITY AFFAIRS AND COLLIER COUNTY TO ACCEPT STATE
AND LOCAL ASSISTANCE FUNDING FOR EMERGENCY MANAGEMENT ACTIVITIES
Page 141
1999
RESOLUTION NO. 99- 7 5
RESOLUTION AUTHORIZING THE EXECUTION
AND ACCEPTANCE OF AN AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND COLLIER COUNTY
REGARDING CERTAIN EMERGENCY
MANAGEMENT RELATED ACTMTIES
WHEREAS, the State of Florida Department of Community Affairs has funds
available for emergency management related activities; and
WHEREAS, the State in Agreement #99EM-9X-09-21 - 10-011 shall agree to
provide $38,855.00 to initiate the successful completion of the activities and projects in
the approved five year strategic plan submitted by Collier County and which are applicable
to the period of performance of the Agreement.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA that the Board approves
Agreement #99EM-9X-09-21-10-011 between the State of Florida Department of
Community Affairs and Collier County in substantially the form attached hereto, and
authorizes the Chairman to execute and accept the Agreement with all understandings and
assurances contained therein, and to act in connection with said Agreement.
This Resolution Adopted at~er motion, second and majority vote.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Approved as to form and legal
_,, D~puty Clerk *~ . ', . Thomas C. Palmer
.. lttb-3-t .'1i to. CMlrilll 'i: 2"',.'..: Assistant Coun~ Attorney
": Sf~itfiR~':0n'11~: ..2, ',;
..", . .. ~ :..~4. ~
, ..... :. ...... -
AGREEMENT #99EM-9X-09-21-10-011
AGREEMENT
BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
AND
Collier County
This Agreement entered into by and between the Department of Community Affairs (Grantee)
and Collier County (Subgrantee), shall govern certain emergency management-related activities to be
financed by the Grantee.
THEREFORE, in consideration of the mutual promises and covenants herein contained, the
parties agree as follows:
I. TERMS OF AGREEMENT
A. This Agreement shall begin on October 1, 1998 and shall continue in full force and effect
to, and including, September 30, 1999.
B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $38,855 which the
Subgrantee will match with $38,855 to initiate the successful completion of the activities/projects in
the approved five year strategic plan submitted by this Subgrantee and which are applicable to the
period of performance of this contract.
C. It is agreed that liability of the Grantee under this Agreement shall not exceed the total
funds received and allocated by the Grantee for this Agreem.ent.
D. The Grantee or Subgrantee may terminate this Agreement for breach of contract, or in the
event of non-availability of funds, with such notice as is reasonable under the circumstances.
The State of Flofida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature and subject to any modification in accordance with Chapter
216, Florida Statutes. Either party may terminate this Agreement without cause by giving thirty (30)
days written notice to the other party.
E. The Subgrantee, in performing the requirements of this Agreement, shall comply with all
applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments.
The payment of funding provided by this Agreement is contingent upon
compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state and
local governments. Non-compliance may result in the withholding of funds and the suspension and
termination of this Agreement.
II. REQUIREM'ENTS AND ASSURANCES
A. General Provisions. The Subgrantee hereby assures and certifies that it will comply with all
applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of Federal
Regulations) Part 13 ("Common Rule") and the Statement of Assurances included as Attachment A to
this Agreemeent, 44 CFR Part 302, Office of Management and Budget (OMB) Circulars A-87 and
A-133, as they relate to application, acceptance and use of federal funds under this Agreement.
Subgrantee also certifies it shall comply with chapter 252, F.S., Rule Chapters 9G-6, 9G-7, 9G-11, and
9G-19, F.A.C., as a condition of the receipt and acceptance of funds under this Agreement.
B. Lobbying.
1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her knowledge
and belief, no federally appropriated ftmds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement.
2. Pursuant to Section 216.347, Florida Statutes, the Subgrantee agrees that no funds from this
Agreement will be expended for the purpose of lobbying the Legislature or a state agency.
C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic Plan",
hereinafter referred to as the "Strategic Plan", submitted by the county describing the
activities/projects to be accomplished this year under this State and Local Assistance (SLA)
Agreement. Such approved Strategic Plan is on file for Subgrantee and has been previously
routed for approval with the Subgrantee's Emergency Management Preparedness and Assistance
0iMPA) Base Grant. At a minimum, Subgrantee shall complete those tasks identified in its Strategic
Plan to be performed during the period of this Agreement. Failure to timely complete tasks identified
in the Strategic Plan may constitute grounds for withholding funds and suspension and termination of
this Agreement.
D. Compensation and Financial Reporting Requirements.
1. The Subgrantee shall use the funds available under this Agreement to pay for State and
Local Assistance personnel, travel and administrative expenditures. OMB Circular A-87 should
be used to provide guidance concerning allowable and unallowable expenditures. The Subgrantee may
receive full reimbursement of all eligible expenditures incurred during each quarter for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed the total allocation
shown in Para~aph I.B. of this Agreement.
2
2. Expenditure Reports/Reimbursement Requests must be submitted to th_e Grantee on a
quarte~y basis and are due within thirty (30) days after the end of each quarter. Progress reports must
be submitted to the Grantee on a semiannual basis according to the requirements set forth in the
Subgrantee's EMPA base grant for the same fiscal period. A final Close-out Report is due within
forty-five (45) days after the termination of this Agreement. The Subgrantee shall not receive
reimbursement for final expenditures until the final EMPA progress report is received, previous
payments are audited and final approval has been made by the Grantee.
3. Any acquisitions that exceed $5,000 (each item) must have prior written approval from the
Florida Division of Emergency Management (DEM) Director's Office.
E. Fiscal and Prom'am Accountabili_ty. The Subgrantee must establish fiscal control of
sub grant funds and required matching expenditures as required in Federal Emergency Management
Agency (FEMA) regulations and OMB Circulars. The Subgrantee acknowledges that it has full
responsibility for fiscal and programmatic accountability for this subgrant. In the event the Subgrantee
is unable to produce records capable of being audited without reconstruction by auditors, all funds paid
under this Agreement by the Grantee to the Subgrantee shall be disallowed and subject to repayment.
The accounting system established and maintained
by the Subgrantee must have intemal controls adequate to safeguard the assets of the Subgrantee,
check the accuracy and reliability of accounting data, promote operating efficiency and ensure
compliance with described management policies of this Agreement.
F. Recording and Documentation of Receipts and Expenditures. Accounting procedures must
provide for an accurate and timely recording of receipt of funds by type of expenditures made from
such funds and of unexpended balances. Accounting procedures must be adequate to ensure that
expenditures charged to this subgrant are for allowable purposes and that documentation is readily
available to verif3, that such charges are accurate. Failure to create and maintain said documentation
may result in the disallowance and recovery of funds.
G. Unexpended Funds. Unexpended funds which are reflected on the final Close-out
Report. referred to in Paragraph II.D. above will automatically revert to the Grantee, and the Grantee
reserves the right to unilaterally reobligate such funds.
H. Obli~,ation of Grant Funds. Subgrant funds shall not be obligated prior to the effective date,
or subsequent to the termination date, of the subgrant period. Obligations
outstanding as of the termination date shall be liquidated within thirty (30) days. Such obligations
must be related to goods or services provided and utilized within the subgrant period.
I. Retention of Records.
1. All original records pertinent to this Agreement shall be retained by the Subgrantee for three
years following the date of termination of this Agreement or of submission of the final
close-out report, whichever is later. However, if any litigation, claim or audit is started before the
expiration of the three-year period and extends beyond the three-year period, the records will be
maintained until all litigation, claims or audit findings involving the records have been resolved.
2. All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Scope of Work shown in paragraph
II.C. and all other applicable laws and regulations.
3. The Subgrantee, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this Agreement, shall allow access to its public records at reasonable
times to the Grantee, its employees, and agents. "Reasonable" shall be construed according to the
circumstances, but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Grantee.
J. Audit Requirements. The Subgrantee agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
1. These records shall be available at all reasonable times for in~ection, review, or audit
by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m:, local time, Monday through Friday.
2. The Subgrantee shall also provide the Grantee with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
3. The Subgrantee shall provide the Grantee with an annual financial audit report which meets
the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550, Rules of the
Auditor General, and to the extent applicable, the Single Audit Act of 1984, 31
U.S.C. ss. 7501-7507 as amended 1996, OMB Circular A-133 for the purposes of auditing and
monitoring the funds awarded under this Agreement.
4. The annual financial audit report shall include all management letters and the Subgrantee's
response to all findings, including corrective actions to be taken.
4
5. The annual financial audit report shall include a schedule of financial assistance specifically
identifying all Agreement and grant revenue by sponsoring agency and Agreement number.
6. The complete financial audit report, including all items specified in J.4. and 5. above, is due
on or before April 30, 2000 and shall be sent directly to:
Department of Community Affairs
Office of Inspector General
2555 Shurnard Oak Boulevard
Tallahassee, Florida 32399-2100
7. In the event the audit shows that the entire mount of awarded funds, or any portion thereof,
was not spent in accordance with the conditions of this Agreement, the Subgrantee shall be held liable
for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations
and A~eement provisions within thirty (30) days afEer the Grantee has notified the Subgrantee of such
non-compliance. The Grantee may offset current awarded funds to reimburse for previous year non-
compliance. If the Sub_m'antee fails to provide the reimbursement within 30 (thirty) days, then the
Subgrantee authorizes the Grantee to deduct the amount to be reimbursed from any funds awarded to
the Subgrantee but not yet released by the Grantee.
8. The Subgrantee shall have all audits completed by an independent public accountant (IPA)
who shall be either a certified public accountant or a public accountant licensed under Chapter 473,
Florida Statutes. The IPA shall itate that the audit complied with the applicable provisions noted
above.
K. Modification of A~eement. Either party may request modification of the provisions of this
Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing,
duly si~_~ned by each of the parties hereto, and attached to the original of this Ag-reement.
L. Notice and Contact.
1. All notices provided under or pursuant to 'this Agreement shall be set forth in writing and
delivered either by hand delivery, or first class, certified mail, remm receipt requested, to the
representative identified below. Said notification shall be attached to the original of this Ageement.
2. The Representative of the Grantee is the Grantee contract manager for this Agreement,
Suzanne F. Adams, Bureau of Compliance Planning and Support, Division of Emergency
Management.
5
3. The signer of this Agreement or his/her designee shall be the County's_Contract
Manager. All communications, written or oral, relating to this Agreement shall be
directed to him/her at the following address:
Kenneth F. Pinenut CEM Director
Collier County Emergency Management Dept.
3301 E Tamiami Trail, Naples, FL 34112
Telephone#:( ) 941-774'8444
4. All payments relating to this Agreement shall be mailed to the following address:
Kenneth F. Pineaut CEM Director
Collier County Emergency Management Dept.
3301 E Tamiami Trail
Naples, FL 34112
5. In the event that different representatives are designated by either party after execution of
this Agreement, notice of the name, title, address and telephone number of the new representative will
be rendered as provided in paragraphs L.3. and L.4. above.
M. Subcontracts.
1. If the Subgrantee subcontracts any or all of the work required under this Agreement, the
Subgrantee agrees to include in the subcontract language binding the subcontractor to the terms and
conditions of this Agreement with the Grantee.
2. The Subgrantee agrees to include in the subcontract language stating that the subcontractor
shall hold the Grantee and Subgrantee harmless again-qt all claims of whatever nature which may arise
out of the subcontractor's performance of work under this Agreement, to the extent allowed by law.
3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded
to the Grantee within thirty (30) days at~er execution.
IlL STANDARD CONDITIONS
A. Bills for fees or other compensation for services or expenses must be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
B. Bills for any travel expenses must be submitted in accordance with Section 112.061, Florida
Statutes.
6
C. Units of deliverables, including reports, findings, and drafts as specified in Paragraph II.C.
of this Agreement, must be received and accepted by the contract manager prior to payment.
D. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee to allow
public access to all documents, papers, letters or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received by the Subgrantee in conjunction with this Agreement. It
is expressly understood that substantial evidence of the Subgrantee's refusal to comply with this
provision shall constitute a breach of contract.
E. The State of Florida will not intentionally award publicly-funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e) of the Immigration and Nationality
Act CINA")]. The Department shall consider the employment by any contractor of unauthorized
aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this
Agreement by the Department.
F. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with a public entity, and may not transact business with any public entity in excess of
Category Two for a period of 36 months from the date of being placed on the convicted vendor list.
IV. LEGAL AUTHORIZATION
The Subgrantee certifies with respect to this Agreement that it possesses legal authority to
receive the funds to be provided under this Agreement. The Subgrantee also certifies that the
undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this
Agreement.
7
The Subgrantee acknowledges that the responsibility for complying with the approved subgrant
award rests with the Subgrantee and acknowledges that failure to do so constitutes grounds for the
recession or suspension of this subgrant and may influence future subgrant awards.
IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement;
FOR THE SUBGRANTEE: FOR THE DEPARTMENT:
COLLIER COUNTY, FLORIDA FOR THE GRANTEE:
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS:
BY: )~'uthofized Department Official
Board of County Commissioners Joseph F. Myers / Division Director
Name/Title Name/Title
59-6000558
Federal Employer ID Number
Catalog of Federal Domestic Assistance
Number and .Program: CFDA~83.534
State and Local Assistance (SLA)
(Deputy Clerk)
Attest as. t~ Ch~t~man's
st!g~atur ~ly
Approved 'a~ to Fo~ and Leg~ Su~ciency
TL~. Palmet
~sistant County Attorney
Attachment A
STATEMENT OF ASSURANCES
To the extent the following provisions apply to the award of assistance in this Agreement, as
determined by the awarding agency, the Subgrantee hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the disaster relief funding agreement with the Grantee, including all
understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief
ADMINISTRATIVE officer or designee to act in connection with the application and to provide such
additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admired to any share or part of this agreement or to any benefit to arise from
the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of
the governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program during
his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted
under this agreement. The Subgrantee shall incorporate or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above;
(d) All Subgrantee contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Subgrantee for
eligible contract work completed prior to the date the notice of suspension of funding was received by
the Subgrantee. Any cost incurred after a notice of suspension or termination is received by the
Subgrantee may not be funded with funds provided under this Agreement unless previously approved
in writing by the Grantee. All Subgrantee contracts shall contain provisions for termination for cause
or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic wage rates
for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one and
one-half times their basic wage rates for all hours worked in excess of the prescribed . .
work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity for which the
Subgrantee receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is provided or
improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance
shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for
the period during which the real property or structure is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of
similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as mended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified handicapped
individuals as provided in Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated against
on the basis of race, color, religion, sex or national origin in all phases of employment during
the performance of federal or federally assisted construction contracts; affirmative action to
insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and
election for trig and apprenticeship;
(g) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to Section
112.313 and Section 112.3135, FS;
(i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(j) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch
Act) which limits the political activities of employees;
10
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition purposes for use in any area
having special flood hazards. The phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form
of direct or indirect Federal assistance;
(1) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6
for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Subgrantee will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act
of 1966 CU.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) abiding by the terms and conditions of the "Programmarie Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation Office,
the Florida Department of Community Affairs and the Advisory Counc~ on Historic
Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in
implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f,
and implementing regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a historic
property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency
(FEMA) may require Recipient to review the eligible scope of work in consultation with the
State Historic Preservation Office (SHPO) and suggest methods of repair or construction that
will conform with the recommended approaches set out in the Secretary of Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological Documentation
(Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior
standards. If FEMA determines that the eligible scope of work will not conform with the
11
Standards, Recipient agrees to participate in consultations to develop, and, after execution by
all parties, to abide by, a written agreement that establishes mitigation and recordation
measures, including but not limited to, impacts to archeological sites, and-the salvage, storage,
and reuse of any significant architectural features that may otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Department if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to: subsurface
disturbance; removal of trees; excavation for footings and foundations; and installation of
utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except
where these activities are restricted solely to areas previously disturbed by the installation,
replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such activities. The
SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National
Register eligible archeological property or will make recommendations for the development of
a treatment plan for the recovery of archeological data from the property. If Recipient is unable
to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan
consistent with the Guidelines and take into account the Advisory Council on Historic
Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall
forward information regarding the treatment plan to FEMA, the SI-IPO and the Council for
review. If the SHPO and the Council do no object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the
Council or the St-IPO object, Recipient shall not proceed with the project until the objection is
resolved.
(6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property; (b) of
all changes to a project that may result in a supplemental DSR or modify an HMGP project for
a National Register eligible or listed property; (c) if it appears that a project funded under this
Agreement will affect a previously unidentified property that may be eligible for inclusion in
the National Register or affect a known historic property in an unanticipated manner. Recipient
acknowledges that FEMA may require Recipient to stop construction in the vicinity of the
discovery of a previously identified property that may be eligible for inclusion in the
National Register or upon learning that construction may affect a known historic property in an
unanticipated manner. Recipient further acknowledges that FEMA my require Recipient to
take all reasonable measures to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require,
and Recipient shall comply with, modifications to the project scope of work necessary to
implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHPA, Recipient intentionally and significantly adversely affects a historic property, or having
the legal power to prevent it, allowed such significant adverse affect to occur.
12
(n) It will comply with Title IX of the Education Amendments of 1972, as mended (20 U.S.C.:
1681 - 1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Sendee Act of 1912 (42 U.S.C. 290 dd-3
and 290 ee-3), as mended, relating to confidentiality of alcohol and drug abuse patient records;
(c0 It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C.
6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by an award of assistance under this agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42
3601-3619, as mended, relating to non-discrimination in the sale, rental, or financing of housing, and
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as mended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as mended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as mended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
Cob) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding
non-discrimination;
13
(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources; _
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance
and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ce) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(fO It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental
Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
0ah) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations
as outlined in this Agreement.
2. Remm the property to its natural state as though no improvements had ever been contained
there on.
3. Furnish documentation of all qualified personnel, licences and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead
in accordance with requirements of thc U. S. Environmental Protection Agency the Florida
Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
14
5. Provide supervision over contractors or employees employed by Kecipient to remove
asbestos and lead from demolished or otherwise applicable structures. _
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells or septic tanks are to
be closed along with the number of wells located on each site.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act ( Public Law 94 -163).
11. Comply with all applicable standards, orders, or requirements issued under Section 306 of
the Clean Air Act [42 U.S.C. 1857(h)], Section 508 of the Clean Water Act (33 U.S.1368),
Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R.
Part 15). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
15
January 26, 1999
Item #16E1
DISASTER RELIEF FUNDING AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS FOR REIMBURSEMENT FOR EXPENDITURES
RELATED TO HURRICANE GEORGES
Page 142
DISASTER
RELIEF
FUNDING
AGREEMENT
JAN G 'i999
DCA AGREEMENT NO._99-RM-05-09-21-01-335
FEMA PROJECT APPLICATION NO. 021-00000
This Agreement is between the State of Florida, Department
of Community Affairs (Grantee) and Collier County, (Subgrantee).
In support of the Agreement, the parties state:
WHEREAS, the serious and imminent threat of Hurricane
Georges resulted in the declaration of a State of Emergency by
the Governor: and
WHEREAS, Hurricane Georges and its remnants produced
disastrous weather conditions which had a devastating impact upon
Florida; and
WHEREAS, The President of the United States has concurred
and has declared an emergency (FEMA-3131-EM-FL) for several
counties in Florida; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as
a result of the Presidential Declaration, has made available
federal funds for disaster relief activities in FEMA-3131-EM-FL;
and
WHEREAS, the FEMA-State Agreement, defined herein below,
governing the use of those funds, and Chapter 98-46, Laws of
Florida, in specific appropriation 1230, both require State and
local governments and eligible private non-profits to share in
the total costs eligible for federal assistance; and
WHEREAS, Sections 252.35, 252.36, 252.37, and 252.38,
Florida Statutes, authorize the relationship described herein.
NOW THEREFORE, the parties agree as follows:
1. DEFINITIONS: unless otherwise indicated, the following
terms shall be defined as stated herein.
a. "Eligible emergency assistance activities", as used
in this Agreement, means those activities authorized in the FEM,-
State Agreement, as defined herein below; Public Law 93-288, as
amended by Public Law 100-707 (hereinafter the "Stafford Act");
and Title 44 CFR, Part 206, and applicable Federal Emergency
Management Agency or State guidance documents.
b. "FEMA-State Agreement" shall mean that agreement
between FEMA and the State of Florida, for the Hurricane Georges
Emergency Declaration, FEMA-3!31-EM-FL and all modifications
thereto.
c. "Emergency Assistance" shall be defined as that
assistance authorized in Title V of the Stafford Act and 44 CFR
206 subpart C.
d. "Project" shall be defined as stated in 44 CFR
206.201(i) .
e. "Large Project" and "Small Project" shall be defined
as indicated in 44 CFR 206.203(c).
f. "Permanent Work" shall be defined as in 44 CFR
206.201(g) .
g. "Emergency Work" shall be defined as in 44 CFR
206.201(b) .
2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties
a~ree to be bound by all terms of the FEMA-State Agreement and
JAN 2 6 199
all applicable state and federal statutes, regulations, gu±dance
and handbooks, including but not limited to Chose identified in
Attachments A and C, and the pertinent implementing regulations
and guidance.
3. FUNDING and INSURA/~CE: The Grantee shall provide funds to
the Subgrantee for eligible emergency assistance activities for
the projects approved by the Grantee and FEMA, specifically
described in the Project Worksheet(s) (PW[s]). Allowable costs
shall be determined in accordance with 44 CFR ~206 and 44 CFR
Part 13, and pertinent FEMA guidance documents. Approved PWs
shall be transmitted to the Subgrantee and shall cumulatively
document the specific amount of fundin9 provided, and the
applicable scope(s) of eligible work and eligible costs, under
this Agreement. PWs may obligate, or deobligate funding, thereby
revising the total amount of authorized funding. PWs document
the total eligible costs and the total Federal share (100% for
eligible emergency assistance provided during a FEMA specified
72-hour period, and 75% for all other eligible emergency and
debris removal work) of those costs. Contingent upon an
appropriation by the Florida Legislature, the Grantee agrees to
provide one-half of any non-Federal share (12~% of total eligible
costs outside any FEMA specified 72-hour emergency period). As a
condition of receipt of this funding, and contingent upon an
appropriation by the Florida Legislature where required, the
Subgrantee similarly agrees to provide one-half of any non-
Federal share (12~% of total eligible costs outside any FEM~
specified 72-hour emergency period).
JAN 1999
Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee
or FEMA, or any auditor, that funds have been provided to
Subgrantee pursuant to this Agreement, or any other disaster
relief funding agreement administered by the Grantee, in excess
of eligible costs.
The final payment of funds will be made only after project
completion, submission of all required documentation, final
inspection, and a request for final reimbursement.
Permanent Work is not eligible for reimbursement under this
Agreement.
4. DUPLICATION OF BENEFITS PROHIBITION: In accordance with
the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee,
as soon as practicable, of the existence of any insurance
coverage for the damage identified on the PW, and of any
entitlement or recovery to payments from any other source, for
the projects described in the PW{s). Eligible costs shall be
reduced by the amount of d~plicate sources available. The
Subgrantee shall be liable to the Grantee to the extent that the
Subgrantee receives duplicate benefits from another source for
the same purposes for which the Subgrantee has received payment
from the Grantee. The Subgrantee shall immediately remit to the
Grau~ee any duplication of benefits payment received by the
4
JAN 6 i999
Subgrantee. In'the event the Grantee determines a duplication of
benefits has occurred, the Subgrantee hereby authorizes the
Grantee or the Comptroller of the State of Florida to take offset
action against any other available funding due the Subgrantee.
The Comptroller is authorized to pay such offset to the Grantee
upon written notice from the Grantee.
5. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING
LAWS: The Subgrantee shall be responsible for implementation and
completion of the approved projects described in the PW(s) in a
manner satisfactory to the Grantee, and in accordance with
applicable federal, state, and local statutes, regulations,
plans, and policies. Any development authorized by, any
development order issued by, any permit issued by, or any
development activity undertaken by, the Subgrantee, and any land
use permitted by or engaged in by the Subgrantee, shall be
consistent with the local comprehensive plan and land development
regulations prepared and adopted pursuant to Chapter 163, Part
II, Florida Statutes. Funds shall be expended for, and
development activities and land uses authorized for, only those
uses which are permitted under the comprehensive plan and land
development regulations. ~he Subgrantee shall be responsible for
ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also
authorized by the pertinent Water Management District, the
Florida Department of Environmental Protection, the Florida
Department of Health, and any Federal, State or local
5
2 G
environmental or land use authority, where required.
In addition, Subgrantee shall comply with other federal and
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, those identified in
Attachments A and C.
Subgrantee further agrees to provide and maintain competent
and adequate engineering or other supervision at .all construction
or work sites to ensure that the complete work conforms with the
approved plans, specifications, and scope of work.
6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The
Subgrantee shall create and maintain acceptable documentation of
work performed and costs incurred with respect to each project
identified in connection with a PW. Failure to create and
maintain proper documentation will result in the disallowance of
funding, and require the refund of funds previously reimbursed or
advanced, including an interest penalty. For all Large projects,
the Subgrantee shall submit: (a) a request for reimbursement of
actual costs (see Attachment D); (b) a Summary of Documentation
(See Attachment E) which shall be supported by, but not attached,
all appropriate backup documentation (e.g. invoices, canceled
checks, daily activity reports, payroll records, time sheets,
executed contracts, receipts, purchase orders, billing
statements, etc.); and (c) a request for a final inspection. For
all projects the Subgrantee shall certify, on the P.4 Project
Listing, that all work and costs claimed are eligible in
accordance with the Grant conditions, that all work claimed has
6
)AN 6 !999
been completed, and all costs claimed have been paid in full.
The Subgrantee shall also enter the date the work was completed
and the amount claimed for each PW on the Project Listing. The
Grantee will inspect Small Projects on a random basis. The
Grantee will schedule and perform the final inspections on Large
Yrojects, and review the Yroject Listing for Small Projects or
inspect the project, to ensure that the work was.performed within
the scope of work delineated on the YW(s). Costs of any work not
performed within the approved scope of work shall not be eligible
for funding.
7. COST SHARING: The disaster relief funds for eligible
costs indicated on the PW(s) and described in this Agreement
shall be shared in accordance with the cost sharing provisions
established in the Stafford Act, the FEMA-State Agreement, and
Chapter 98-46, Laws of Florida, Specific Appropriation 1230.
PW(s) document the total eligible costs and the total Federal
share (75%, or 100% for eligible emergency assistance provided
during a FEMA specified 72-hour period) of those costs. The
Grantee agrees to provide one-half of the non-Federal share (12~%
of total eligible costs outside the FEMA specified 72-hour/100%
period). As a condition ok receipt of this funding, the
Subgrantee similarly agrees to provide one-half of the non-
Federal share (12~% of total eligible costs outside the FEMA
specified 72-hour/100% period). Administrative costs which
according to the schedule are in addition to and not part of the
PW(s) eligible costs, and are otherwise eligible under 44 CFR
7
206.228 and involve no required match, will be funded by FEMA.
8. PAYMENT OF CLAIMS:
a. SMALL PROJECTS: The Grantee shall make payment to
the Subgrantee of the Federal share of the actual eligible costs
as soon as practicable after execution of this Agreement and
receipt from FEMA of the pertinent approved PW(s).
b. LARGE PROJECTS: The payments for Large Projects will
be on a cost reimbursement basis and subject to receipt of the
following: (1) a Request For Advance or Reimbursement Form (See
Attachment D); (2) a Summary of Documentation Form, (See
Attachment E) listing the PW #, identifying the audit ready
documentation that exists to support the payment request,
identifying the dollar amounts of each eligible cost, and
identifying the Subgrantee's own internal reference number
(voucher, warrant, purchase order, etc.); and (3) a letter
providing a brief synopsis of the request, and certifying that
the reported costs were incurred in the performance of eligible
work.
c. ADVANCES: This Subgrantee may, at the discretion of
the Grantee, be paid an advance of funds, provided that the
Subgrantee: (1) demonstrates and maintains the willingness and
ability to maintain procedures to minimize the time elapsing
between the transfer of funds and their disbursement; (2) submits
budget data on which the request is based; (3) submits a
justification statement explaining the necessity for and proposed
use of the funds, and specification of the amount requested; and
8
igg
(4) submits a completed Request for Advance or Rein:bursement
Form. After any advance, and in the event no advance is
provided, all pay~nents shall be on a cost reimbursement basis.
Subgrantees shall promptly, but at least quarterly, remit
interest earned on advances (if any) to the Grantee for remittance
to FEMA.
d. WITHHOLDING OF FUNDS: The Grantee may, in-its sole
discretion, withhold a percentage of funding (up to 12.5% of
total project funding, the full non-federal share paid by the
State) provided under this Agreement in order to protect against
subsequent adverse determinations by FEMA regarding previously
authorized or disbursed grant funds.
9. FINAL PAYMENT: The final payment will be made only after
project completion, submission of all required documentation,
final inspection (Large Projects), review of P.4 Project Listing
and/or inspection (Small Projects), and a request for final
reimbursement.
10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain
all records pertaining to the projects described in the PW(s) and
the funds received under this Agreement until all issues relating
to the inspection and finai audit have been completed, and any
action or resolution of outstanding issues have been completed.
In no event will such records be maintained for a period of less
than three (3) years from the date of the final payment under
this Agreement. Access to those records must be provided at
reasonable times to the Comptroller General of the United States,
9
the Grantee, its employees and agents, and to FEM,,
and agents.
its employees
ll. RECOVERY OF FUNDS: If the final inspection, audit, or
other review by FEMA, the State, or any other authorized entity
determines that payment made under this Agreement exceeds the
amount of actual eligible costs, the Subgrantee shall, within
forty-five (45) days of receipt of the determination notice,
repay the Grantee the amount determined to be in excess of the
actual costs.
12. AUDIT:
a. Subgrantees shall submit an Audit of Agreement Compliance
to the Grantee as provided herein. If the Subgrantee expends $300,000
or more in Federal awards in its fiscal year, then the Subgrantee
shall have an audit conducted. This audit will be performed by an
independent Certified Public Accountant or other entity independent of
the Subgrantee in accordance with the standards of the Comptroller
General as specified in the General Accounting Office Standards for
Audit of Governmental Organizations, Programs, Activities and
Functions, and generally accepted auditing standards established by
the American Institute of Certified Public Accountants. The aqreement
number of this qrant must be 'identified with~the audit submitted.
Such audit shall also comply with the requirements of Sections 11.45,
216.349, and 216.3491, Florida Statutes and Chapter 10.550 and 10.600,
Rules of the Auditor General, and, to the extent applicable, the
Single Audit Act of 1984, as amended, 31 USC 7501 through 7507, and
OMB Circular A-133, as revised June 24, 1997, or thereafter. If the
10
JAN 2 6 1999
Subgrantee is a private non-profit organization, it shall submit an
organization-wide audit. Ail audits are due not later than seven (7)
months after the termination of the entity's fiscal year. If the
Subgrantee expends less than $300,000 in Federal awards in its fiscal
year, an audit conducted in accordance with the provisions of OMB
Circular A-133 is not required, but an audit may otherwise be required
under Section 216.3491, Florida Statutes, and rules adopted'pursuant
thereto.
b. The Grantee may require the Subgrantee to undertake such
further or additional audits as determined necessary or appropriate
including, but not limited to, past and current organization-wide
audits. Such audits may be necessary to determine the adequacy,
accuracy, and reliability of the Subgrantee's internal controls,
fiscal data, and management systems established to safeguard the
Subgrantee's assets and to ensure compliance with this Agreement.
c. If this Agreement is closed out without an audit, the
Grantee reserves the right to recover any disallowed costs identified
in an audit after such close-out.
13. NONCOMPLIANCE: If the Subgrantee violates any of the
conditions of disaster relief assistance under the Robert T.
Stafford Act of 1988, Public Law 93-288 as amended by Public Law
100-707, the FEMA-State Agreement, this Agreement, or applicable
state law or applicable state or federal regulations, including
those noted herein, additional financial assistance for the
project in which the violation occurred will be withheld until
such violation has been corrected, or the Grantee may take any
11
other action that is legally available.
14. NONDISCRIMINATION/CONTRACTORS:
The Subgrantee shall
maintain an active program of nondiscrimination in disaster
assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR
Section 206.11. The Subgrantee shall comply with federal
regulations concerning the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible
Contractors, as provided in 44 CFR Part 17.
15. MODIFICATION: Either party may request modifications to this
Agreement, except for scope of work to be completed on the PW(s) and the
time limitations for performance of the work which are subject to
modification in accordance with separate procedures governed by FEMA
regulation. Modifications to the terms and conditions of this Agreement
shall be proposed in writing by either party and become effective only
upon execution by both parties. Modifications to any PW or the time for
performance of eligible work shall.be requested through the Grantee,
approved solely at the discretion of FEMA and shall be reflected in a
supplemental PW or time extension approval. Modifications to a PW shall
not be reflected in a modification to this Agreement. If otherwise
allowed under this Agreement, any extension shall be in writing and
shall be subject to the same 'terms and conditions set forth in the
initial Agreement. There shall be only one extension of the Agreement
%unless the failure to meet the criteria for completion is due to events
beyond the control of the Subgrantee.
16. TIME FOR PERFORMANCE: All activities funded under this
Agreement shall be timely performed and completed. In accordance
12
JAN 2 6 !999
Governor's ~ut~or~zed ~e~rese~tat±ve (~J~) or t~e ~eder~l ~eg±o~l
~±rector, the term for ~erform~ce of de~r±~ cle~r~ce or
emergency work is six (6) months from the date of the declaration
of a major disaster or emergency. Permanent work is not
authorized under this Agreement. Time extensions may be granted
°n an individual basis, in accordance with 44 CFR 206.204. If any
extension request is denied, the Subgrantee may be reimbursed for
eligible project costs incurred up to the latest approved
completion date. Failure to complete the project will result in
the denial of funding for that project.
17. CONTRACTS WITE OTHERS: If a Subgrantee contracts with any
other entity (herein after "contractor") for performance of any of
the work required under this Agreement, the Subgrantee agrees to
include in the contract that the contractor is bound by the terms
and conditions of this Agreement with the Grantee, and to provide
the contractor with a copy of this Agreement. The Subgrantee
further agrees to include in the contract that the contractor
shall hold the Subgrantee and the Grantee harmless against all
claims of whatever nature arising out of the performance of the
work by the contractor under the contra~t. To the extent that
the Subgrantee has outstanding, uncompleted, contracts for work
for which reimbursement will be requested under this Agreement,
Subgrantee agrees to use its best efforts to modify said contracts
in accordance with this paragraph.
18. TERMINATION: Either party may request termination of this
13
JAN 2 6 i999
Agreement, in writing, delivered in person, or by certified mail,
to the party's representative who executes this Agreement. Said
termination may be accomplished by mutual agreement of the
parties, effective thirty (30) days after an executed modification
to effect termination.
19. LIABILITY:
(a) The Grantee assumes no liability whatsoever to third
parties as a result of this Agreement. unless the Subgrantee is a
State agency or subdivision as defined in Section 768.28, Florida
Statutes, the Subgrantee shall be solely responsible to parties
with whom it shall deal in carrying out the terms of this
Agreement, and shall indemnify and save the Grantee and the State
of Florida harmless against all claims, suits, liabilities and
damages, of whatever nature, arising out of the performance of
activities funded or contemplated under this Agreement. For
purposes of this Agreement, Subgrantee agrees that it is not an
employee or agent of the Grantee but is an independent contractor.
(b) Any Subgrantee which is a State agency or subdivision, as
defined in Section 768.28, Fla. Stat., agrees to be fully
responsible for its negligent acts or omissions or tortious acts,
and agrees to be liable fo~ any damages proximately caused by said
acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Subgrantee to which sovereign
immunity applies. Nothing herein shall be construed as consent by
a State agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of the performance of
14
JAN 6 1999
this Agreement.
(c) Subgrantee represents and warrants that hazardous and
toxic materials, if present at any locations where the scope(s) of
work will be performed, are at levels within regulatory limits and
do not trigger action required by Federal, State or local laws or
regulations. Subgrantee further represents and warrants that
household hazardous waste meeting the definition set forth in 40
CFR shall be handled in a manner which meets all Federal, State
and local laws and regulations. Subgrantee further represents and
warrants that the presence of any condition(s) or material(s) on
site, which is subject to Federal, State or local laws and
regulations (including but not limited to: above ground or
underground storage tanks or vessels, asbestos, pollutants,
irritants, pesticides, contaminants, petroleum products, waste,
chemicals, and septic tanks), shall be handled and disposed of in
accordance with the pertinent requirements.
20. REPORTS: The Subgrantee shall provide quarterly progress
reports to the Grantee, using the attached Quarterly Report Form,
Attachment F. Refer to the "Quarterly Report Schedule and
Instructions" (Attachment G) for the due date of the first report.
Reports are due quarterly thereafter until the work has been
completed and approved through final inspection. Reports shall
indicate the status and completion date for each project funded,
any problems or circumstances affecting completion dates, or the
scope of work, or the project costs, and any other factors
reasonably anticipated to result in noncompliance with the terms
15
6f the grant award. Interim inspections shall be scheduled by the
Subgrantee prior to the final inspection and may be required by
the Grantee based on information supplied in the quarterly
reports. The Grantee may require additional reports as needed.
The Subgrantee shall, as soon as possible, provide any additional
reports requested by the Grantee. The Grantee contact will be the
State Public Assistance officer for all reports and requests for
reimbursement.
21. STANDARD CONDITIONS: The Subgrantee further agrees to be
bound by the following standard conditions:
a. The State of Florida's performance and obliggtion to
pay under this Agreement is contingent upon an annual
appropriation by the Legislature, or the provision of funding to
the Grantee pursuant to Section 252.37, Florida Statutes.
b. Bills for fees or other compensation for services or
expenses must be submitted in detail sufficient for a proper pre
and post audit thereof.
c. The Grantee may unilaterally cancel this Agreement
for refusal by the Subgrantee or its contractors to allow public
access to all documents, papers, letters or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or
received by the Subgrantee or its subcontractor in conjunction
with this Agreement. It is expressly understood that substantial
evidence of the Subgrantee's or their contractor's refusal to
comply with this provision shall constitute a breach of contract,
and constitute grounds for termination.
16
JAN 2 G
d. Pursuant to Section 216.347, Florida Statutes, and
applicable federal law, the Subgrantee agrees that no funds from
this Agreement will be expended for the purpose of lobbying the
Legislature, state agency employees, Members of Congress, officers
or employees of Congress, or an employee of a Member of Congress
in connection with the awarding of this Agreement or any
amendments or modifications of this Agreement.
e. The Subgrantee certifies with respect to this
Agreement that it possesses the legal authority to receive the
funds.
f. The Subgrantee shall comply with any Statement of
Assurance attached hereto, which shall be incorporated herein.
The Subgrantee acknowledges that the responsibility for complying
with the approved subgrant award rests with the recipient
Subgrantee and acknowledges that failure to do so constitutes
grounds for the recision or suspension of this subgrant and may
influence future subgrant awards.
g. The State of Florida will not intentionally award
publicly-funded contracts to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the
%mployment provisions contained in 8 U.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")].
The Grantee shall consider the employment by any Subgrantee or
contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Subgrantee of the employment
provisions contained in Section 274A(e) of the INA shall be
17
grounds for unilateral cancellation of this A~reement by the
Grantee.
h. A person or affiliate who has been placed on the
convicted vendor list followin~ a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with
a public entity for'the construction or repair of.a public building
or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity
in excess of Category Two for a period of 36 months from the date of
bein~ placed on the convicted vendor list.
22. TERM: This A~reement shall begin upon the date last signed
and shall end upon receipt of official closin~ documentation from
FEMA unless terminated earlier in accordance with the provisions of
this A~reement. Subgrantee agrees to promptly commence and to
expeditiously complete the scope of work identified herein. All
work shall be completed within six months of the date of the
Emergency declaration (September 25, 1998) or prior to such deadline
as established by the GAR or 'the FEMA, whichever is later.
23. NOTICE AND CONTACT: All notices under this A~reement shall
be in writing, delivered either by hand delivery or certified mail
to the representative and address below:
18
jAN 2 6 !999
FOR THE GRANTEE: FOR THE SUBGRANTEE:
oseph ,yers, I .iclna .l I url R bit.
State ~u~1~c ~ssista~ce ~n. ~.
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100 Man}~. ~OF{~Q 5qllZ
24. DEFAULT; REMEDIES; TERMINATION
a. If any of the following events occur ("Events of Default"),
all obligations on the part of the Grantee to make any further payment of
funds hereunder shall, if the Grantee so elects, terminate, and the Grantee
may at its option exercise any of its remedies set forth herein, but the
Grantee may make any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the
Subgrantee in this Agreement or any previous Agreement with the Grantee
shall at any time be false or misleading in any respect, or if the
Subgrantee shall fail to keep, observe or perform any of the terms or
covenants contained in this Agreement or any previous agreement with the
Grantee and has not cured suc~ in timely fashion, or is unable or unwilling
to meet its obligations thereunder;
2. If any material adverse change shall occur in the
financial condition of the Subgrantee at any time during the term of this
Agreement from the financial condition revealed in any reports filed or to
be filed with the Grantee, and the Subgrantee fails to cure said material
19
JAN 8 1999
adverse change within thirty (30) days from the time the date written
notice is sent by the Grantee;
3. If any reports required by this Agreement have not been
submitted to the Grantee or have been submitted with incorrect, incomplete
or insufficient information; or
4. If the necessary funds are not available to fund this
agreement as a result of action by Congress, the Legislature, the Office
of the Comptroller or the Office of Management and Budget.
b. Upon the happening of an Event of Default, then the Grantee
may, at its option, upon written notice to the Subgrantee and upon the
Subgrantee's failure to timely cure, exercise any one or more of the
following remedies, either concurrently or consecutively, and the pursuit
of any one of the following remedies shall not preclude the Grantee from
pursuing any other remedies contained herein or otherwise provided at law
or in equity;
1. Terminate this Agreement, provided that the Subgrantee
is given at least fifteen (15) days prior written notice of such
termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified
mail-return receipt requested, to the address set forth in paragraph (23)
herein;
2. Commence an appropriate legal or equitable action to
enforce performance of this Agreement;
3. Withhold or suspend payment of all or any part of a
request for payment;
4. Exercise any corrective or remedial actions, to include
20
' ' !AN 6 999
but not be limited to, requesting additional information from the
Subgrantee to determine the reasons for or the extent of non-compliance or
lack of performance, issuing a written warning to advise that more serious
measures may be taken if the situation is not corrected, advising the
Subgrantee to suspend, discontinue or refrain from incurring costs for any
activities inquestion or requiring the Subgrantee to reimburse the Grantee
for the amount of costs incurred for any items determined to be ineligible;
and
5. Exercise any other rights or remedies which may be
otherwise available under law.
c. The Grantee may terminate this Agreement for cause upon such
written notice as is reasonable under the circumstances. Cause shall
include, but not be limited to, misrepresentation in the grant application;
misuse of funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the
Subgrantee to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, FS, as amended.
d. Suspension or termination constitutes final Grantee action
under Chapter 120, FS, as amended. Notification of suspension or
termination shall include notice of administrative hearing rights and time
frames. However, any deoblig~tion of funds or any other determination made
by FEMA shall be addressed as provided in 44 CFR 206,206.
e. The Subgrantee shall return funds to the Grantee if found in
non-compliance with laws, rules, regulations governing the use of the funds
or this Agreement.
f. Notwithstanding the above, the Subgrantee shall not be
21
16E 1
relieved of liability to the Grantee by virtue of any breach of Agreement
by the Subgrantee. The Grantee may, to the extent authorized by law,
withhold any payments to the Subgrantee for purpose of set-off until such
time as the exact amount of damages due the Grantee from the Subgrantee is
determined. In the event the FEMA deobligates funds previously authorized
under this Agreement, or under any other FEMAfunded agreement administered
by the Division, then Subgrantee shall immediately repay said funds to the
Grantee. If Subgrantee fails to repay said funds, then Subgrantee
authorizes the Grantee to recoup said funds from funding otherwise
available under this Agreement or under any other grant Agreement with
Subgrantee administered by the Grantee.
(25) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set
out fully herein.
b. In the event of any inconsistencies or conflict between the
language of this Agreement and the attachments hereto, the language of such
attachments shall be controlling, but only to the extent of such conflict
or inconsistency.
c. This Agreement has the following attachments:
Attachment A Program Statutes and Regulations
Attachment B Lobbying Prohibition/Certification
Attachment C Statement of Assurances
Attachment D Request for Advance or Reimbursement
Attachment E Summary of Documentation
Attachment F Florida Public Assistance Quarterly
Report
Attachment G Q u art e r 1 y R e port S c h e d u 1 e an d
Instructions
1999
26. DESIGNATED AGENT: The Subgrantee hereby authorizes: Michael
Smykowski, Budget Director, as its primary designated agent and Michelle M.
Johnssen, Budget Analyst, as its alternate designated agent, to execute
Requests for Reimbursement, necessary certifications, and other supplementary
documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this
Agreement;
FOR THE SUBGRANTEE: FOR THE GRANTEE:
STATE OF FLORIDA
COLLIER COUNTY GOVERNMENT DEPARTMENT OF COMMUNITY AFFAIRS
By: .... .'!./. --, .' / ~:
ao C Governor's Authorized Representative
· e~o s
-.D~mRT ~... 'BRG,C,,....
.-~,
Attest as to Chairman'$
.sigaature o~ 3~
· 1
, ..::,,.,~.:.:..,
Ar~;ove. d a~ ~ 'Drm & hg~ sufficiency
~/,,,~----""'~ ..,~
23
JAN 2 6 1999
ATTACPIMENTA
PROGRAM STATUTES AND REGULATIONS
The parties to this Agreement and the Public Assistance and Fire
Suppression Grant Programs are generally. governed by the following
statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 USC 5121, et seq;
(2) 44 CFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206,
220, and 221, and any other applicable FEMApolicy
memoranda, handbooks and guidance documents;
(3) State of Florida Administrative Plan for the Public
Assistance Grant Program; and
(4) All applicable laws and regulations delineated in
Attachment C of this Agreement.
· · JAN 2 6 1999
ATTACPIMENT B
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge
and belief, than:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence either directly
or indirectly an officer or employee of any state or
federal agency, a member of the Florida Legislature, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-L. "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact upon
which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any persons who fails to file the required certification
shall be ubject to a civil ~e lty of not less than $10,000 and not
more t $i00,0 0 - s failure.
1 8dKz Chsirw0msn
By: Pame s S. M 'e,
~T EST: ~ A~ --, o ' '. & legd 8~fici~uoy
· u IGRT E. BROCK, .CLERK
.... ~ ,:.,. · a-~',~u Y
B - 1
Attest as to Chalrman's
$1~ature only.
,jAN ? !999
ATTACHIqE~ C
STATEMENT OF ASSURANCES
The Subgrantee hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to
execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act
a resolution, motion or similar action authorizing the execution
of the disaster relief funding agreement with the Grantee,
including all understandings and assurances contained therein,
and directing and authorizing the Subgrantee's chief executive
officer or designee to act in connection with the application and
to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States,
and no Resident Commissioner, shall be admitted to any share or
part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Subgrantee or its
designees or agents, no member of the governing body of the
locality in which the program is situated, and no other public
official of such locality or localities who exercises any
functions or responsibilities with respect to the program during
his tenure or for one year thereafter, shall have any interest
direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Subgrantee shall
incorporate or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to
the purposes stated above;
(d) All Subgrantee contracts for which the State Legislature is in
any part a funding source, shall contain language to provide for
termination with reasonable costs to be paid by the Subgrantee
for eligible contract work completed prior to the date the notice
of suspension of funding was received by the Subgrantee. Any
cost incurred after a notice of suspension or termination is
received by the Subgrantee may not be funded with funds provided
under this Agreement unless previously approved in writing'by the
Grantee. All Subgrantee contracts shall contain provisions for
termination for cause or convenience and shall provide for the
method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40
U.S.C. 327 et seq., requiring that mechanics and laborers
(including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and
one-half times their basic wage rates for all hours worked
C - 1
in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201
et seq., requiring that covered employees be paid at
least the minimum prescribed wage, and also that they
be paid one and one-half times their basic wage rates
for all hours worked in excess of the prescribed work-
week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and
the regulations issued pursuant thereto, which provides that
no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
Subgrantee receives Federal financial assistance and will
immediately take any measures necessary to effectuate this
assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial
assistance extended to the Subgrantee, this assurance shall
obligate the Subgrantee, or in the case of any transfer of
such property, any transferee, for the period during which
the real property or structure is used for a purpose for
which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services
or benefits;
(2) Any prohibition against discrimination on the basis of
age under the Age DiscriminatiOn Act of 1975, as
amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to
otherwise qualified handicapped individuals as provided
in Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders
11375 and 12086, and the regulations issued pursuant
thereto, which provide that no person shall be
discriminated against on the basis of race, color,
religion, sex'or national origin in all' phases of
employment during the performance of federal or
federally assisted construction contracts; affirmative
action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of
pay or other forms of compensation; and election for
trainin9 and apprenticeship;
(g) The Subgrantee agrees to comply with the Americans With
Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et
seq.), where applicable, which prohibits discrimination by public
C - 2
JAN ? i99-q
and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, State and
local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using
positions for a purpose that is or gives the appearance of being
motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other
ties pursuant to Section 112.313 and section 112.3135, FS;
(i) It will comply with the Anti-kickback Act of 1986, 41 U.S.C.
Section B1 which outlaws and prescribes penalties for "kickbacks"
of wages in federally financed or assisted construction
activities;
(j) It will comply with the provisions of 18 USC 594, 598, 600-605
(f/k/a the Hatch Act) which limits the political activity of
employees;
(k) It will comply with the flood insurance purchase and other
requirements of the Flood Disaster Protection Act of 1973 as
amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance
is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for
use in any area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct or indirect Federal
assistance;
(1) It will require every building or facility (other than a
privately owned residential structure) designed, constructed, or
altered with funds provided under this Part to comply with the
"Uniform Federal Accessibility Standards," (AS) which is Appendix
A to 41 CFR Section 101-19.6 for general type buildings and
Appendix A to 24 CFR Part 40 for residential structures. The
Subgrantee will be responsible for conducting inspections to
ensure compliance with these specifications by the contractor;
(m) It will, in.connection With its performance of environmental
assessments under the National Environmental Policy Act of 1969,
comply with Section 106 of the National Historic Preservation Act
of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and
the Preservation of Archaeological and Historical Data Act of
1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Officer to
identify properties listed in or eligible for inclusion in
the National Register of Historic Places that are subject to
adverse effects (see 36 CFR Section 800.8) by the proposed
activity; and
C-3
. I JAN ?
(2) Compl~n~ with all requirements established ~y tke S;ate to
~void or mitigate adverse effects ~on such properties.
(3) ~iding by the terms and conditions of the "Programmatic
Agreement Among the Federal Emergency Management Agency, the
Florida State Historic Preservation Office, the Florida
Department of Community Affairs and the Advisory Council on
Historic Preservation, (PA)" which addresses roles and
responsibilities of Federal and State entities in
implementing Section 106 of the National Historic
Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Subgrantee's projects funded under this
Agreement may affect a historic property, as defined in 36
CFR 800.(2)(e), the FEMA may require Subgrantee to review
the eligible scope of work in consultation with the State
Historic Preservation Office (SHPO) and suggest methods of
repair or construction that will conform with the
recommended approaches set out in the Secretary of
Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the
Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37),
or any other applicable Secretary of Interior standards. If
FEMA determines that the eligible scope of work will not
conform with the Standards, Subgrantee agrees to participate
in consultations to develop, and, after execution by all
parties, to abide by, a written agreement that establishes
mitigation and recordation measures, including but not
limited to, impacts to archeological sites, and the salvage,
storage, and reuse of any significant architectural features
that may otherwise be demolished.
(5) Subgrantee agrees to notify FEMA and the Department if any
project funded under this Agreement will involve ground
disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for
footings and foundations; and installation of utilities
(such as water, sewer, storm drains, electrical, gas, leach
lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the
installation, replacement or maintenance of such utilities.
FEFA will request the SHPO's opinion on the potential that
archeological properties may be present and be affected by
such activities. The SHPO will advise Subgrantee on any
feasible steps to be accomplished to avoid any National
Register eligible archeological property or will make
recommendations for the development of a treatment plan for
the recovery of archeological data from the property. If
Subgrantee is unable to avoid the archeological property,
C-4
J A N i999
develop, in consultation with the S~O, a treatment plan
consistent with the G~idelines and take into account the
~dvisory Council on ~istoric Preservatio~ (Council)
publicatio~ "Treatment of Archeological Properties."
Subgrantee shall forward information regarding the treatment
plan to FEMA, the SHPO and the Council for review. If the
SHPO and the Council do no object within 15 calendar days of
receipt of the treatment plan, FEMAmay direct Subgrantee to
implement the treatment plan. If either the Council or the
SHPO object, Subgrantee shall not proceed with the project
until the objection is resolved.
(6) Subgrantee shall notify the Department and FEM~ as soon as
practicable: (a) of any changes in the approved scope of
work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a
supplemental PW or modify an HMGP project for a National
Register eligible or listed property; (c) if it appears that
a project funded under this Agreement will affect a
previously unidentified property that may be eligible for
inclusion in the National Register or affect a known
historic property in an unanticipated manner. Subgrantee
acknowledges that FE~ may require Subgrantee to stop
construction in the vicinity of the discovery of a
previously unidentified property that may be eligible for
inclusion in the National Register or upon learning that
construction may affect a known historic property in an
unanticipated manner. Subgrantee further acknowledges that
FEMA may require Subgrantee to take all reasonable measures
to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Subgrantee also
acknowledges that FEMA will require, and Subgrantee shall
comply with, modifications to the project scope of work
necessary to implement recommendations to address the
project and the property.
(7) Subgrantee acknowledges that, unless FEMA specifically
stipulates otherwise, it shall not receive funding for
projects when, with intent to avoid the requirements of the
PA or the NHPA, Subgrantee intentionally and ~ignificantly
adversely affects a historic property, or having the legal
power to prevent it, allowed such significant adverse affect
tO occur.
(n) It will comply with Title IX of the Education Amendments of 1972, '-
as amended (20 U.S.C.: 1681-1683 and 1685-1686) which prohibits
discrimination on the basis of sex;
(o) It will comply with the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
(42 USC 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
C-5
' o" 3 A !999
(p) It will comply with 523 and 527 of the Public Health Service Act
of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42
U.S.C.: 4821 et seq.) which prohibits the use of lead based paint
in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L.
94-163; 42 USC 6201-6422), and the provisions of the state Energy
Conservation Plan adopted pursuant thereto.
(s) It will comply with the Animal Laboratory Welfare Act of 1966, 7
USC 2131-2159;
(t) It will comply with the Civil Rights Act of 1968, Title VI and
VIII, 42 USC 2000c and 42 USC 3601-3619.
(u) It will comply with the Clean Air Act of 1970, as amended, 42 USC
7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42
USC 7419-7626;
(w) It will comply with the Davis-Bacon Act, 40 USC 276a;
(x) It will comply with the Endangered Species Act of 1973, 16 USC
1531-1544;
(y) It will comply with the Intergovernmental Personnel Act of 1970,
42 USC 4728-4763;
(z) It will comply with the National Historic Preservation Act of
1966, 16 USC 270;
(aa) It will comply with th~ National Environmental Policy Act of
1969, 42 USC 4321-4347;
(bb) It will comply with the Preservation of Archeological and
Historical'Data Act of 1966, 16 USC 469a, et seq;
(cc) It will comply with the Rehabilitation Act of 1973, Section 504,
29 USC 794;
(dd) It will comply with the Safe Drinking Water Act of 1974, 42 USC
300f-300j;
(ee) It will comply with the Uniform Re!ocation Assistance and
Property Acquisition Policies Act of 1970, 42 USC 4621-4638;
(ff) It will comply with the Wild and Scenic Rivers Act of 1968, 16
USC 1271-1287; and
C-6
, · jAN 6 i99
(gg) It will comply with the following ExeCutive Orders: EO 11514
(~EPA}; ~O 11738 {violating facilities); EO 11988 {~loodplain
~anagement); and ~0 11990 (Wetlands); and EO 12848 (Environmental
~ustice).
(hh) It will comply with the Coastal Barrier Resources Act of 1977, 16
USC 3510.
(ii It will comply with the Coastal Zone Management Act of 1972, 16
USC 1451-1464.
(jj) It will comply with the Fish and Wildlife Coordination Act of
1958; 16 USC 661-666.
(kk) With respect to demolition activities, it will:
1. Create and mak~ available documentation sufficient to
demonstrate that the Subgrantee and its demolition contractor
have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no
improvements had ever been contained there on.
3. Furnish documentation of all qualified personnel, licences
and all equipment necessary to inspect buildings located in
Subgrantee's jurisdiction to detect the presence of asbestos and
lead in accordance with requirements of the U. S. Environmental.
Protection Agency the Florida Department of Environmental
Protection and the County Health Department.
4. Provide documentation of the inspection results for each
structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed
by Subgrantee to remove asbestos and lead from-demolished or
otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing
condition which hampers the contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water
wells or septic tanks are to be closed along with the number of
wells located on each site.
C-7
· 10. Comply with mandatory standards and policies relating to
energy efficiency which are contained in the State energy
· conservation plan issued in compliance with the Energy ~JA~ ~ ,~ 199~
Policy and Conservation Act ( Public Law 94 -163).
11. Comply with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42
U.S.C. 1857(h)), Section 508 of the Clean Water Act (33
U.S.1368), Executive Order 11738, and the U.S. Enviroru~ental
Protection Agency regulations (40 C.F.R. Part 15). This clause
shall be added to any subcontracts.
12. Provide documentation of public notices for demolition
activities.
· ".. ATTACH.~IENT D
..
. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS jAJj )- ~ i999
DIVISION OF E~IERGENCY MANAGEI~IENT
Request for Advance or Reimbursement for
Public Assistance Fdnds
SUBGRANTEE NAME: 'DEC NO: FEMA- -FL
ADDRESS: PAID NO:
PAYMENT NO: DCA AGREEMENT NO:
DSR DCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT COMMENTS
DSR#
CATEGORY
% COMPLETE
DSR#
CATEGORY
% COMPLETE
DSR#
CATEGORY_
% COMPLETE
DSR#
CATEGORY
% COMPLETE
DSR#
CATEGORY
% COMPLETE
TOTAL CURZCENT REQUEST $
I certify that tho the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance v.'ith all
conditions office DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
APPROVED FOR PAYMENT
ADM1NISTP-,ATIVE COST $ GOVER3qOR'S AUTHORIZED REPRESENTATIVE
TOTAL PAYMENT
DATE
D-1
· ,'.' ,- ATTACHMENT E ,,i N 2
~ PAGE OF PAGES
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK
Applicant Disaster No. FEMA-1249 -DR-FL
FEMA-3131 -EM-FL
DCA Agreement No. PAID No. DSR No.
Appiicant's Reference No. Delivery Date of DOCUMENTATION Amounts
(Warrant. Voucher, Claim articles or List Documentation (Applicant's payroll. material out of applicant's stock, Applicant' Eligible
or Schedule No.) performance services. applicant owned equipment and name of vendor or coreractor) by category and Costs
line item in the approved project applicalion and give a brief description of the
articles or services.
TOTAL
GRAND TOTAL - PAGES OF PAGES
A separate form will be prepared for each DSR. E-1
JAN 2 6 1999
ATTACIt~ENT G
FLORIDA DEPARTJM[ENT OF CONIM[UNITY AFFAIRS
DIV/SION OF EMjERGENCY BIA,NAGEM[ENT
QUAIiTEP, JoY REPORT S CItEDULE .AND INSTRUCTIONS
Quarterly Progress Reports are required by fire Disaster Funding Agreements fcr all subgrantees tmtil all
~mir Damage Survey Report (DSR) projects are completed. Subgrantee reports are reviewed by lhe Grants
ivlanager, then consolidated by disaster event (aletier. alton number) and forwarded to FER'IA Region IV as
required by the FEMA/State Agreement for each disaster. The State reports are due lo FEh,IA Region IV lhirty
(30) days after the end ofll~e reporting quarter. Reporting quarters and submission dales are listed belo;v
for )'our information and compliance.
QUARTERS DUE TO STATE BY ' STATE SUBh~ISSION TO FEh:Z[A
January-h~[arch April 15th (or 1" work day after) Not Later Than - April 30'~
April-June Jub' Z1Sth (or 1'~ worl{. de)' aftex9 Not Latex' Than - July
July-September October 1S'h (or 1" work de)' after) Not Later Than - October
October-December January 15"' (or 1" worl,: day aftex9 Not Laler Than - Janua
Subgrantees in'volved in their "first" or a "new" disaster granl will be advised of lhe date required
for the submission of lhcir ~rst Qnarlcrly Report for float disaster. All subsequent Quarterly lieport
submissions will follow the schedule oufiincd above.
Subgrantees invoh'cd in more than one open disaster grant xnust submit scparalc reports for each
disaster thai has outstanding DSR projects. Please be aware, the Department will withhold payment of
any disaster funds due if the report is not submitted on time.
Subgr~tees should contact ~cir Grm~l Maagcr for guid~ce in prepping their "first" Qu~e~y
Progress Report for may disaster. If you have any questions, contact yore specific Grm~t Mm~agcr.
~l~jts
G-1
January 26, 1999
Item #16E2
BUDGET AMENDMENTS 99-106, 99-108, 99-112 AND 99-131
Item #16E3
CONTRACT AMENDMENT WITH HENDERSON, YOUNG & CO. RELATED TO THE
PREPARATION OF A CORRECTIONAL FACILITIES IMPACT FEE RATE STUDY AND AN
UPDATE OF THE LAW ENFORCEMENT IMPACT FEE STUDY
Page 143
JAN 2 6 1999
FIRST AMENDMENT TO THE
CONSULTANT AGREEMENT
BETWEEN HENDERSON, YOUNG, AND COMPANY, INC.,
AND COLLIER COUNTY
THIS FIRST AMENDMENT to the CONSULTANT AGREEMENT (hereinaf~er First
Amendment), is made and entered into this ~~ day of~~/, 1999, by and between the
Board of County Commissioners of Collier County, a political subdivision of the State of Florida
hereinatter called the "County" or "Board," and Henderson, Young & Company, Inc., a corporation
organized under the laws of the State of Louisiana and authorized to business in the State of Florida,
hereinafler called the "Consultant." This First Amendment is to amend and clarify the compensation
provision of that certain CONSULTANT AGREEMENT between the parties entered into as of the
18th day of March, 1997.
WITNESSETH:
WHEREAS, County and Consultant entered into a Consultant Agreement (hereinatter
"Agreement") as of the 18th day of March, 1997; and
WHEREAS, there is a need to amend and clarify the compensation provision of said
Agreement.
NOW, THEREFORE, for and in consideration of the mutual benefits to flow from each to the
other, the parties herein agree as follows:
Paragraph 5. is hereby amended to read as follows:
The Board hereby agrees to pay the Consultant, as compensation for its
services rendered in the preparation of the studies, a fee of $135 per hour for Senior
Partners and $95 per hour for Associate Partners. The total costs of the Consultant's
services, including travel expenses, for the Correctional Facilities Impact Fee Feasibility
Study, Correctional Facilities Impact Fee Rate Study (Requires separate Board
JAN 2 6 1999
authorization to proceed), and Update of Law Enforcement Impact Fee Rate Study shall
not exceed $95,000.
Except as specifically mended hereby, the Consultant Agreement between Henderson, Young,
and Company, Inc., and Collier County, Florida shall remain in full force and effect. The parties
hereto hereby affirm that the Agreement is presently valid and enforceable, and there are no
outstanding breaches or defaults by either party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Consultant Agreement between Henderson, Young, and Company, Inc., and Collier County to be
executed by the respective authorized representatives as of the date first above written.
1. ~.i~ii,ij-'~..,~!i!. As to County:
,/'~,~,~ BOARD OF COUNTY COMMISSIONERS
. -' OF COLLIER COUNTY, FLORIDA
D_WtGHT~.E. BROCK, C1erk // ~ '
~ ~'~"~'~'~~~ '~'~"~'~~,C7, By; "A S. MAC'KIE, CHAIRW MAN
Alpproved'as to t'orm and
legal sufficiency:
c. weigel
County Attorney
January 26, 1999
Item #16G1
MISCELLANEOUS CORRESPONDENCE - FILLED AND/OR REFERRED
The following miscellaneous correspondence as presented by the
BCC has been directed to the various departments as indicated:
Page 144
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
JANUARY 26, 1999
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1 ), the disbursements for the Board of County Commissioners for the period:
A. December 21 - 25, 1998
B. December 28, 1998 -January 1, 1999
C. January 4 - 8, 1999
3. Districts:
A. Big Cypress Basin Board of the South Florida Water Management District -
Minutes of October 30, 1998 meeting and agenda of December 3, 1998
B. Collier Soil and Water Conservation District - Agendas of August 26, 1998,
October 21, 1998; minutes of meetings of August 26, 1998 and October 21, 1998;
and, summary report of the Mobile Irrigation Laboratory Evaluations
C. Golden Gate Fire Control & Rescue District ~ Agenda of December 9, 1998
D. South Florida Water Management District - Response to Preliminary Comments
on the Proposed Budget regarding Adequacy of Fiscal Resources; Five-Year
Capital Improvements Plan and Fiscal Year 1997-1998 Fiscal Report
4. Minutes:
A. Affordable Housing Commission - Minutes of February 9, March 16, April 20,
May 18, June 11, and August 11, 1998 meetings
B. Bayshore Avalon Beautification Advisory Committee - Agenda of December 9,
1998 and minutes of November 4, 1998 meeting
C. Beach Renourishment/Maintenance Committee - Agenda of December 3, 1998
and minutes of meeting of November 5, 1998
D. Collier County Planning Commission - Agenda of December 17, 1998 and
minutes of November 5, 1998 meeting
JAN 2 6 1999
E. County Govemment Productivity Committee - Minutes of November 18, 1998
meeting
F. Development Services Advisory Committee - Minutes of July 1, August 5,
September 2, and October 7, 1998 meetings
G. Emergency Medical Services Advisory Council - Agenda of November 25, 1998
and minutes of October 28, 1998 meeting
H. Environmental Advisory Board - Agenda of December 2, 1998 and minutes of
November 4, 1998 meeting
I. Environmental Policy Technical Advisory Board - Agenda of December 14, 1998
J. Golden Gate Beautification Advisory Committee - Minutes of November 10,
1998 and agenda of December 8, 1998
K. Golden Gate Estates Land Trust Committee - Minutes of September 28, 1998
meeting
L. Hispanic Affairs Advisory Board - Minutes of August 20, 1998 and September
16, 1998 meetings
M. Historic and Archaeological Preservation Board ~ Agenda of December 11, 1998
and minutes of December 11, 1998 meeting
N. Immokalee Enterprise Zone Development Agency - Minutes of November 12,
1998 meeting
O. Lely Golf Estates Beautification Advisory Committee - Minutes of October 16,
and November 13, 1998 meetings and agenda of November 13 and December 11,
1998
P. Library Advisory Board - Minutes of October 28, 1998 meeting and Director's
Report of October 26, 1998
Q. Parks and Recreation Advisory Board - Agenda of December 16, 1998 and
minutes of October 27 and November 18, 1998 meetings
R. Pelican Bay MSTBU Advisory Committee - Agenda of December 2, 1998 and
minutes of November 4, 1998 meeting
S. Radio Road Beauti~cation Advisory Committee - Agenda of January 11, 1999
and minutes of November 9, 1998 meeting
T. Utility Authority (Collier County Water & Wastewater Authol
JAN 2 6 1999
pg,
January 26, 1999
Item #16H1
PURCHASE OF SPECIALIZED COMMUNICATIONS EQUIPMENT FROM CONFISCATED
TRUST FUNDS IN ORDER TO PARTICIPATE IN A FLORIDA SHERIFFS' TASK FORCE
Item #16H2 - Deleted
Item #16H3
CARRYFORWARD FUNDING FOR THE SHERIFF'S OFFICE YEAR 2000 COMPLIANCE
CONVERSION CONTRACT IN THE AMOUNT OF $212,419.00
Item #16H4 - Moved to Item #11A1
Item #1611
NOTICE TO PROCEED TO THE TAX COLLECTOR FOR TAX DEED APPLICATIONS ON
THE 1996 COUNTY TAX CERTIFICATES
N0 DOCUMENTS RECEIVED AS 0[ MARCH 15, 1999
Page 145
January 26, 1999
Item #1612
LEGAL SERVICES AGREEMENT WITH FIXEL & MAGUIRE AS LEGAL COUNSEL TO
REPRESENT COUNTY RELATING TO COUNTY~S PROPERTY ACQUISITION INTERESTS
INCLUDING EMINENT DOMAIN PROCEEDINGS FOR THE NORTH NAPLES ROADWAY
MSTU (AKA LIVINGSTON ROAD, PROJECT NO. 65041)
Page 146
LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT made and entered into this d~x~:~ day of
(~bubsAc. g~, 1999, by and between the Board of County Commissioners, (hereinaf~er refeffed
to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 211 South Gadsden
Street, Tallahassee, Florida 32301, (hereinaf~er refeffed to as "Counsel").
..WITNESSETH;
The parties hereto, in consideration of the premises and the covenants contained herein,
mutually agree as follows:
1. Counsel is hereby retained by the Board to represent and assist the County relating to
County' s property ~cquisition interests including eminent domain proceedings for the North Naples
Roadway MSTU (AKA Livingston Road) (Project No. 65041) between Immokalee Road and the
LedCollier line and an east/west roadway running approximately 3 miles east of Old U.S. 41.
2. Counsel, upon authority of the County Attorney, is to prepare all legal documents,
correspondence, communications, etc. and to attend all negotiation meetings, settlement
conferences, court hearings and trial(s) necessary during any eminent domain proceedings for
Project No. 65041.
3. The Board, through its Public Works Division, hereby agrees to pay Counsel's attorneys
as compensation for legal services at Counsel' s discounted rate of $2:} 5.00 per hour for all trial
work and $200.00 per hour for non-trial work. Counsel shall be compensated at $60.00 per hour for
paralegals providing services hereunder.
4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs
of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal
Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by
appropriate documentation submitted with the invoice or statement for legal services to the County
Page I of 4
Attorney. Counse!'s travel expenses are expressly excluded from this Agreement unless approved
in advance by the County Attorney.
5. A statement or invoice for legal services and direct costs incurred by Counsel shall be
billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All
invoices shall contain, as a minimum, the following information; l) The'proper name of the payee
as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and
the time period in which billable services were rendered. All payments and the resolution of any
disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part
VII, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices
submitted in accordance with the provisions of Section 21 8.74, Florida Statutes. If the County fails
to pay any invoice for legal services within the time period specified in Section 218.'/4, Florida
Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one
percent (1%) per month compounded monthly commencing thirty (30) days after the due date.
6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreement and shall not subcontract its responsibilities to the Board under this
Agreement. Counsel shall carry Lawyer' s Professional Liability insurance in an mount not less
than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional
Liability insurance requirement shall be tendered to the Collier County Risk Management
Department within fourteen (14) days of the date of this Agreement.
Current, valid insurance policy(ies) meeting the requirement herein identified shall be
maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent
to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be
a thirty (30) day notification to the Board in the event of cancellation or modification of any
stipulated insurance coverage.
Page 2 of 4
7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees,
and agents harmless from and against any and all losses, penalties, damages, professional fees,
including attorney fees and all costs of litigation and judgments arising out of any willful or
intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants,
subcontractors, agents or employees, arising out of or incidental to the performance of this
Agreement or work performed thereunder, including any claim(s) brought against the County, its
officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or
anyone directly or indirectly employed by any of them. Counsel's obligation under this provision
shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or
the Counsei's limit of, or lack of, sufficient insurance protection. The parties agree that one percent
(1%) of the total compensation to Counsel for performance of services authorized by this
Agreement is specific consideration for Counsel's indemnification of the County.
8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of
its business and agrees to comply with all laws governing the responsibility of an employer with
respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of
any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter
adopted.
9. It is mutually agreed between the parties that all authorization for legal services shall
originate with the County Attorney.
10. Either party may terminate this Agreement for convenience with a minimum of thirty
(30) days written notice to the other party. The parties shall deal with each other in good faith
during the thirty (30) day period after any notice of intent to terminate for convenience has been
Page 3 of 4
given. The County reserves the right to terminate this Agreement immediately, for cause, upon
written notice to Counsel.
11. This Agreement shall be effective upon execution by the Board and Counsel.
IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
WITNESSES: FIXEL & MAGUIKE
d d' ~ ~ire
(Printe witness signa ure)
~proved ~ to fore and
legal su~ciency:
Coun~ A~omey
Page 4 of 4
January 26, 1999
Item #1613
LEGAL FEES AND COSTS OF FOUR FORMER ISLES OF CAPRI FIRE CONTROL
DISTRICT ADVISORY COMMITTEE MEMBERS RE NON-CRIMINAL INFRACTION
CHARGES FILED BY THE STATE ATTORNEY
Item #1614
RESOLUTION 99-76, APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY
THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY RE COMITY
HEALTH CARE, INC. AND MARCO ISLAND HOSPITAL, INC.~ AND RESOLUTION 99-
77, APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY RE THE COMMUNITY SCHOOL OF
NAPLES, INC.
Page 147
RESOLUTION NO. 99- 7 6
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND
SALE OF REVENUE BONDS BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY
SECTION 147(f) OF THE INTERNAL REVENUE CODE, AS AMENDED;
AND PROVIDING FOR OTHER RELATED MATTERS.
Whereas, the Collier County Industrial Development Authority (the "Authority") is a
body corporate and politic of Collier County, Florida ("Collier County") created by Collier
County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February
27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as mended, with the power to
issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter
159, Florida Statutes, as mended; and
Whereas, Community Health Care, Inc. (the "Corporation") and Marco Island Hospital,
Inc. (the "Hospital"), each a Florida not-for-profit corporation, and each owning or operating
certain facilities located within the boundaries of Collier County, Florida, have requested the
Authority to issue its Health Care Facilities Revenue Bonds (Community Health Care, Inc.
Obligated Group), Series 1999A in an amount not to exceed $17,000,000 (the "Bonds") for the
purpose of making a loan to the Corporation and the Hospital for the purpose of providing funds,
together with other available funds, to (a) retire all or a portion of certain interim indebtedness
incurred in connection with the refinancing of a commercial bank loan the proceeds of which
were used to construct and equip a two-story, approximately 39,000 square foot building which
houses a medical clinic operated by Collier Health Services, Inc., a Florida not-for-profit
corporation, a laboratory, various administrative offices and various social service agency offices
(the "Immokalee Health Park Project"), (b) retire all or a portion of certain interim indebtedness
incurred in connection with the acquisition of a two-story, approximately 162,000 square foot
building, a portion of which is used as a medical plaza which houses a wellness center, space for
outpatient rehabilitation services, laboratory facilities, physician offices and clinical space (the
"Grand Central Station Project"), (c) finance all or a portion of the construction and equipping of
a two-story, approximately 24,000 square foot building, a portion of which will be used as a
health care facility which will include a cardiac wellness center and space for outpatient
rehabilitation services (the "Marco Island Project") and (d) pay certain expenses incurred in
connection with the issuance of the Bonds, including certain fees and expenses incurred in
connection with credit enhancement for the Bonds; and
Whereas, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the elected legislative body of the governmental unit which has jurisdiction over
the area in which the facility financed with the proceeds of tax-exempt bonds is located is to
approve the issuance of such bonds after a public heating; and
Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is
the elected legislative body of the County; and
Whereas, the Authority caused a notice of a public hearing to consider approval of the
Bonds and the location and nature of each of the Immokalee Health Park Project, the Grand
Central Station Project and the Marco Island Project to be financed with the proceeds of the
Bonds to be published on or before December 30, 1998 in the Naples Daily News, a newspaper
of general circulation in Collier County, and a copy of said notice is attached as Exhibit A (the
"Notice"); and
Whereas, the Authority held a public hearing on January 15, 1999, pursuant to the Notice
and adopted a resolution ( the "Resolution") authorizing the issuance of the Bonds, a copy of
which is attached as Exhibit B, and has recommended to the Board that it approve the issuance
of the Bonds in accordance with Section 147(t) of the Code; and
Whereas, for the reasons set forth above, it appears to the Board that the approval of the
issuance and sale of such Bonds as required by Section 147(f) of the Code is in the best interests
of Collier County,
NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier
County, Florida, that:
Section 1. Approval of Issuance of the Bonds. This Board hereby approves the
issuance of the Bonds by the Authority for the purposes described in the Notice pursuant to
Section 147(0 of the Code. The Bonds shall be issued in such aggregate principal amount, bear
interest at such rate or rates, mature in such amount or amounts and be subject to redemption as
are approved by the Authority without the further approval of this Board.
The Bonds shall not constitute a debt, liability or obligation of Collier County, the Board,
any officer, agent or employee of Collier County, the State of Florida or any political subdivision
thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and
credit nor any taxing power of Collier County or the State of Florida or any political subdivision
thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds.
No member of the Board or any officer or employee thereof shall be liable personally on the
Bonds by reason of their issuance.
This approval shall in no way be deemed to abrogate any regulations of Collier County
for any portions of the project located within the regulatory jurisdiction of Collier County. Such
portions of the Marco Island Project shall be subject to all such regulations, including, but not
limited to, the Collier County Growth Management Plan and all concurrency requirements
contained therein and the Collier County Land Development Code.
Section 2. Severability. If any section, paragraph, clause or provision of this
Resolution shall be held to be invalid or ineffective for any reason, the remainder of this
Resolution shall continue in full force and effect, it being expressly hereby found and declared
thal 'She remainder of this Resolution would have been adopted despite the invalidity or
ineffectiveness of such section, paragraph, clause or provision.
2
Section 3. Effective Date. This Resolution shall take effect immediately upon its
adoption, and any provisions of any previous resolutions in conflict with the provisions hereof
are hereby superseded.
PASSED and Adopted this~_~ay of January, 1999.
ATTES~i"! COLLIER COUNTY, FLORIDA BY
Dwi~t E.: ~o~ck, Clerk ~ ITS BOARD OF COUNTY
· · :>3 '~ ' ' '~//'~' ' ' COMMISSIONERS
:' ',~:L.~ I .. ~ .,~. , ,' ~ /,
"' ' :f ~' ....7:' '.'
:.. '.,.,,/-,.:~:,..
'[SE'A~L]'-
Approved as to form and legal sufficiency:
15'~,id C. Weigel, ~unt~-tomey
J A N ? 199g
NapLes Pail News
I~pLes, FL ~4i02
Affidavit of PubLication NapLes DaiLy News
PZCIG/ORTH, DONALD P.A.
5150 TAHIAMI TRL N #602
NAPLES FL
' for
REFERENCE: 01078~ :
con-
57801964 .Notice of PubLic Hea
State of FLorida
County of CoLLier
Before the undersi ned authority, personaLLy
appeared Jehn-E, Tailor, uho-on oath says that he -
serves as Assistant ControLLer of the NapLes DaiLy
News, a daily newspaper published at NapLes, in
CoLLier County, FLorida: that the attached copy
of advertising was published in said newspaper on ecf',
dates Listed.
Affiant further says that the said NapLes Dai Ly a
News is a newspaper published at Na~Les, in said .space for,
CoLLier County, FLorida, and that t · said co Island
newspaper has heretofore been continuously curred in In-
Bends,
Including certain fees and expenses Incurred In con-
pubLie ed in said CoLLier County/FLorida, each nectlonwhchcredlfenl~ncementfortheBondS.
day and has been entered as second class mail '
The. Immokalee Healffi!Care Proled Is lacefed at 1454
matter at the post office in NapLes, in said J~adlson Ave ue';21mmoKalee, Fioridoandls owned by
CoLLier County, FLorida, for a period of i year CommunHy~ne~u*~h'~Ci3re.
next preceding the first publication of the- The GrandCentraiStatlon Proact is located
attached copy of advertisement; and affiant Goodlairs Road South, Naples, ~lorlda and Is at 308
owned
further says that she has neither paid nor !andoPeratedbVC0mmunltyHealthCare.
promised any person, firm Or coporation any i The Marco Island P~oect IS located at 40 Heathwood
discount, rebate, commission or refund for the Drive South. Marco island FIat]do and is owned and
purpose of securing this advertisement for /oP.eratedbYMarc(~l~land~)spltal. . .
publication in the said newspaper. All Interested persons;ore Invited fo submit wr~en
~ommer~s-.or 'hn~lthe hearing e~er Personally or
timugh fheir represenfatlve an~l will be Ivan on op-
PUBL)[SHED ON: 12/30 portunth/to expreSs t elf views concornP~ fhe proi-
ecis or the financing· ~ne one desiring 'to m~ke wrh~en
comments lh O~ance ~Ythe hear ng may send such
commenisto: : .
Collier Count)/Industrial Development Autllorh%/
c/oEcon~mlcDevelo mentCouncll
:50 North HorseshoeSrive Sulfe 120
-Naples, Florida 341
mment~ received In advance
AO SPACE: qBO.0QO INCH ~n;,tttae2d oral cam .is'made at the ...r°~ngt?,%rheera~
FILED ON: 12/ .~ ~ ~.~ the consldercdf0n 6rV'lheAufhorl and wll n~bind the
----.,-- -~ ........... ""-- - Author.y. Cop_le$ Of the appllc~tY~ns for financl_.ng ore
· · = · his n(o~e lsgNen PU~uant to ~ctlon 147(f) of the In-
sslstantSecretary;dnd General Counsel
acetuber 30 .No. 1331231
EXHIBIT A TO COUNTY RESOLUTION
(COMMUNITY HEALTH CARE)
j A ~ ~ ~ 19g~
RESOLUTION NO. 99-
AN INDUCEMENT RESOLUTION OF THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
REGARDING THE OFFICIAL ACTION OF THE
AUTHORITY WITH RESPECT TO THE PROPOSED
ISSUANCE BY THE AUTHORITY OF ITS HEALTH CARE
FACILITIES REVENUE BONDS (COMMUNITY HEALTH
CARE, INC. OBLIGATED GROUP) SERIES 1999A IN AN
INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $17,000,000 FOR THE PRINCIPAL PURPOSE OF
FINANCING AND REFINANCING CERTAIN COSTS
INCURRED OR TO BE INCURRED BY COMMUNITY
HEALTH CARE INC. ( THE "CORPORATION") AND
MARCO ISLAND HOSPITAL, INC. (THE "HOSPITAL") IN
CONNECTION WITH THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF CERTAIN
HEALTH CARE FACILITIES; AUTHORIZING THE
EXECUTION AND DELIVERY OF A PRELIMINARY
AGREEMENT BY AND AMONG THE AUTHORITY, THE
CORPORATION, AND THE HOSPITAL; AND PROVIDING
FOR RELATED MATTERS.
WHEREAS, Community Health Care Inc., a Florida not-for-profit corporation (the
"Corporation") and Marco Island Hospital, Inc. a Florida not-for-profit corporation (the
"Hospital") have applied to the Collier County Industrial Development Authority (the
"Authority") to issue a series of its private activity revenue bonds in the initial aggregate
principal amount of not to exceed $17,000,000 (the "Series 1999A Bonds") for the principal
purpose of (1) financing a portion of certain costs of acquisition, construction and equipping
of certain health care facilities (the "Project") to be owned and operated by the Hospital, (2)
refinancing a portion of certain outstanding indebtedness (the "Existing Indebtedness")ofthe
Corporation previously incurred for the purpose of financing the cost of acquisition and
construction of certain health care facilities, and (3) paying costs associated with the issuance
of the Series 1999A Bonds; and
WHEREAS, the Corporation and the Hospital have also applied to the Authority to
issue simultaneously with the issuance of the Series 1999A Bonds a series of its taxable
private activity revenue bonds in the initial aggregate amount of not to exceed $12,000,000
{the "Series 1999B Bonds" and, together with the Series 1999A Bonds, the "Bonds") for the
principal purpose of (1) financing a portion of certain costs of acquisition, construction and
EXHIBIT B TO COUNTY RESOLUTION
(COMMUNITY HEALTH CARE)
equipping of the Project, (2) re~nancing a portion of the Existing Indebtedness, and (3)
paying costs associated with the issuance of the Series 1999B Bonds; and
WHEREAS, the Corporation and the Hospital have requested that the Authority loan
the proceeds of the Bonds to the Corporation and the Hospital pursuant to Chapter 159, Parts
II and III, Florida Statutes, or such other provision or provisions of Florida law as the
Authority may determine advisable (the "Act") in order to accomplish the foregoing
purposes; and
WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the
Corporation and the Hospital to finance the costs of the Project and retinanee the Existing
Indebtedness under loan agreements or other financing agreements, and pursuant to the terms
thereof which will provide that payments thereunder be at least sufficient to pay the principal
of and interest and redemption premium, if any, on such Bonds and such other costs in
connection therewith as may be incurred by the Authority, will assist the Corporation and the
Hospital and promote the public purposes provided in the Act; and
WHEREAS, the Corporation and the Hospital have submitted the Preliminary
Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached
hereto as Exhibit A; and
WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date
hereof hold a public hearing on the proposed issuance of the Series 1999A Bonds for the
purposes herein stated, which date is more than 14 days following the first publication of
notice of such public hearing in a newspaper of general circulation in Collier County and
which public hearing was conducted in a manner that provided a reasonable opportunity for
persons with differing views to be heard, both orally and in writing, on the issuance of the
Series 1999A Bonds and the location and nature of the Project and the property financed by
the Existing Indebtedness, as more particularly described in the notice of public hearing
attached hereto as Exhibit B; and
WHEREAS, it is intended that this Resolution shall constitute official action toward
the issuance of the Series 1999A Bonds within the meaning of the applicable United States
Treasury Regulations in addition to any other action that may have heretofore been taken by
the Corporation and the Hospital;
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
INllUS'I'RIAL DEVELOPMENT AUTHORITY, THAT:
2
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution
is adopted pursuant to the provisions of the Act and other applicable provisions of law.
SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered
into to permit the Corporation and the Hospital to proceed with the financing of the costs of
the Project and the re~nancing of the Existing Indebtedness and to provide an expression of
intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and
make the proceeds thereof available for such purposes, all in accordance with and subject to
the provisions of the Act, the Constitution and other laws of the State of Florida and the laws
of the United States of America, including the Code, and this Resolution, but subject in all
respects to the terms of the Preliminary Agreement.
SECTION 3. APPROVAL OF THE FINANCING AND REFINANCING.
The financing of the costs of the Project and the re~nancing of the Existing Indebtedness by
the Authority through the issuance of the Bonds, pursuant to the Act, will promote the
economic development, prosperity, health and welfare of the citizens of Collier County, will
promote the general economic structure of Collier County, and will thereby serve the public
purposes of the Act and is hereby preliminarily approved, subject, however, in all respects
to the Corporation and the Hospital meeting the conditions set forth in the Preliminary
Agreement to the sole satisfaction of the Authority.
SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY
AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to
execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached
hereto as Exhibit "A", among the Authority, the Corporation and the Hospital providing
understandings relative to the proposed issuance of the Bonds by the Authority to finance the
costs of the Project and retinanee the Existing Indebtedness in an aggregate principal amount
not to exceed the lesser of (a) $29,000,000 or (b) the amount determined by the Authority,
the Corporation and the Hospital to be necessary to accomplish the foregoing purposes.
SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby
authorized to be issued and the Authority hereby determines to issue the Bonds, if so
requested by the Corporation and the Hospital and subject in all respects to the conditions
set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed
$29,000,000 for the principal purpose of financing the costs of the Project and re~nancing
the Existing Indebtedness as described in the Preliminary Agreement. The rate of interest
payable on the Bonds shall not exceed the maximum rate permitted by law.
3
SECTION 6. GENERAL AUTHORIZATION. The Chairman and the
Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary
Agreement, with the undertakings provided for therein on the part of the Authority and are
further authorized to take such steps and actions as may be required or necessary in order to
cause the Authority to issue the Bonds subject in all respects to the terms and conditions set
forth in the Preliminary Agreement authorized hereby.
SECTION 7. OFFICIAL ACTION. This resolution is an official action of
the Authority toward the issuance of the Series 1999A Bonds, as contemplated in the
Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida
and the applicable United States Treasury Regulations.
SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest
thereon shall not constitute an indebtedness or pledge of the general credit or taxing power
of Collier County, the State of Florida or any political subdivision or agency thereof but shall
be payable solely from the revenues pledged therefor pursuant to a loan agreement or other
financing agreement entered into by and among the Authority, the Corporation and the
Hospital prior to or contemporaneously with the issuance of the Bonds. The Authority has
no taxing power.
SECTION 9. LIMITED APPROVAL. The approval given herein shall not
be construed as an approval or endorsement of approval of any necessary rezoning
applications nor for any other regulatory permits relating to the Project and the Authority
shall not be construed by reason of its adoption of this resolution to have waived any right
of Collier County or estopping Collier County from asserting any rights or responsibilities
it may have in that regard.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately.
ADOPTED this 15th day of January, 1999.
COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
(SEAL)
J.R. Humphrey, Chairman
ATTEST:
4
Secretary
5
EXHIBIT A TO RESOLUTION
PRELIMINARY AGREEMENT FOR ISSUANCE OF
PRIVATE ACTIVITY REVENUE BONDS
This Agreement between the Collier County Industrial Development Authority, a
public body corporate and politic (the "Authority"), Community Health Care, Inc., a Florida
not-for-profit corporation (the "Corporation"), and Marco Island Hospital, Inc., a Florida not-
for-profit corporation.
WITNESSETH:
1. Preliminary_ Statement. Among the matters of mutual understanding and
inducement which have resulted in the execution of this Agreement are the following:
(a) The Act provides that the Authority may issue revenue bonds and loan the
proceeds thereof to one or more persons, firms or private corporations, or use such proceeds,
to defray the cost of acquiring, by purchase or construction, certain qualifying health care
facilities.
(b) The Corporation and the Hospital are considering (1)financing the costs of the
acquisition, construction and equipping of health care facilities to be owned and operated by
the Hospital and (2) refinancing certain outstanding indebtedness of the Corporation
previously incurred for the purpose of financing the cost of acquisition and construction of
certain health care facilities, all of which facilities are more fully described in Exhibit A
attached hereto.
(c) The Corporation and the Hospital have applied to the Authority to issue a series
of its private activity revenue bonds in the initial aggregate principal amount of not to exceed
$17,000,000 (the "Series 1999A Bonds") for the principal purpose of( 1 ) financing a portion
of certain costs of acquisition, construction and equipping of certain health care facilities (the
"Project") to be owned and operated by the Hospital, (2) re~nancing a portion of certain
outstanding indebtedness (the "Existing Indebtedness") of the Corporation previously
incurred for the purpose of financing the cost of acquisition and construction of certain health
care facilities, and (3) paying costs associated with the issuance of the Series 1999A Bonds.
The Corporation and the Hospital have applied to the Authority to issue simultaneously with
the issuance of the Series 1999A Bonds a series of its taxable private activity revenue bonds
A-1
in the initial aggregate mount of not to exceed $12,000,000 (the "Series 1999B Bonds" and,
together with the Series 1999A Bonds, the "Bonds") for the principal purpose of (1)
financing a portion of certain costs of acquisition, construction and equipping of the Project,
(2) re~nancing a portion of the Existing Indebtedness, and (3) paying costs associated with
the issuance of the Series 1999B Bonds.
(d) The Authority considers the issuance and sale of the Bonds, for the purposes
hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes
official action of the Authority toward the issuance of the Series 1999A Bonds in accordance
with the purposes of the Act and the applicable United States Treasury Regulations.
2. Undertakings on the Part of the Authofi.ty. Subject to the terms hereof, the
Authority agrees as follows:
(a) Subject to the Corporation and the Hospital providing the Authority with
sufficient evidence to enable the Authority to make the findings set forth in Section 159.29
of the Act, the Authority will, subject to Section 4(g) hereof, authorize the issuance of the
Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to
finance the cost of acquiring, constructing and equipping the Project and to re~nance the
Existing Indebtedness as the Authority, the Corporation and the Hospital shall agree in
writing (including costs of issuance of such Bonds), but in all events, the principal amount
of such Bonds shall not exceed the lesser of(i) the amount determined by the Authority, the
Corporation and the Hospital necessary to accomplish the foregoing, or (ii) $29,000,000.
(b) The Authority will cooperate with the Corporation and the Hospital and with
the underwriters, placement agents or purchasers of the Bonds and the Bond Counsel of the
Authority with respect to the issuance and sale of the Bonds and will take such further action
and authorize the execution of such documents as shall be mutually satisfactory to the
Authority, the Corporation and the Hospital for the authorization, issuance and sale of such
Bonds and the use of the proceeds thereof to finance the cost of constructing, acquiring and
equipping the Project, to retinanee the Existing Indebtedness and to pay costs related to the
issuance of the Bonds.
(c) Such actions and documents may permit the issuance from time to time in the
future of additional bonds on terms which shall be set forth therein, whether pari passu with
other series of bonds or otherwise, for the purpose of (1) defraying the cost of completion,
enlargements, improvements and expansions of the Project, or any segment thereof, or (2)
refunding all or a portion of the Bonds.
A-2
(d) The loan agreements, trust indentures, and other financing documents
(collectively, the "Financing Agreements") among the Authority, the Corporation and the
Hospital shall, under terms agreed upon by the parties, provide for payments to be made by
the Corporation and the Hospital in such sums as shall be necessary to pay the amounts
required under the Act, including the principal of and interest and redemption premium, if
any, on the Bonds, as and when the same shall become due and payable.
(e) In authorizing any issuance of the Bonds pursuant to this Agreement, the
Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds
will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that
those facilities encompassed by the Project will be suitable for the purposes or needs of the
Corporation.
(1) The Bonds shall specifically provide that they are payable solely from the
revenues derived from the Financing Agreements among the Authority, the Corporation and
the Hospital or other agreements approved by the Authority. The Bonds and the interest
thereon shall not constitute an indebtedness or pledge of the general credit of Collier County,
the State of Florida or any political subdivision or agency thereof, and such fact shall be
plainly stated on the face of each of the Bonds.
(g) Issuance of the Series 1999A Bonds by the Authority shall be contingent upon
(i) satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code
of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the
ability of and desirability by the Authority to issue obligations to finance the costs of the
Project and to re~nance the Existing Indebtedness and (ii) the approval by the Board of
County Commissioners of Collier County in accordance with the provisions of Section 147(t)
of the Code.
3. Undertakings on the Part of the Corporation and the Hospital. Subject to the
terms hereof, the Corporation and the Hospital agree as follows:
(a) The Corporation and the Hospital will use reasonable efforts to insure that the
Bonds in the aggregate principal amount as stated above are sold; provided, however, that
the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory
to the Authority, the Corporation and the Hospital.
(b) Prior to the issuance of the Bonds in the principal amount stated above in one
on mote series from time to time as the Authority, the Corporation and the Hospital shall
agree in writing, the Corporation and the Hospital will enter into the Financing Agreements
with the Authority, the terms of which shall be mutually agreeable to the Authority, the
A-3
Corporation and the Hospital, providing for the loan or use of the proceeds of the Bonds to
finance a portion of the costs of the Project and to retinanee the Existing Indebtedness. Such
Financing Agreements will provide that the Corporation and the Hospital will be obligated
to pay the Authority (or the trustee for holders of the Bonds on behalf of the Authority, as
the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal
of and interest and redemption premium, if any, on the Bonds, as and when the same shall
become due and payable, and all other expenses related to the issuance and delivery of the
Bonds.
(c) The Corporation and the Hospital shall, in addition to paying the amounts set
forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes,
governmental and other charges which may be assessed or levied against or with respect to
the Project or the property financed by the Existing Indebtedness and retinaneed with a
portion of the proceeds of the Bonds.
(d) To the extent not otherwise paid from Bond proceeds, the Corporation and the
Hospital hereby agree to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of-pocket
expenses of officials and representatives of the Authority incurred in connection with the
issuance of the Bonds and (iii) all fees and expenses of Donald A. Pickworth, P.A., Counsel
to the Authority, and of Brown & Wood, LLP, Bond Counsel.
(e) The Corporation and the Hospital will hold the Authority and Collier County
free and hamless from any loss or damage and from any taxes or other charges levied or
assessed by reason of any mortgaging or other disposition of the Project or the property
financed by the Existing Indebtedness and retinaneed with a portion of the proceeds of the
Bonds.
(f) The Corporation and the Hospital agree to indemnify and defend the Authority
and Collier County and hold the Authority and Collier County and any officer or employee
thereof harmless against any and all claims, losses, liabilities or damages to property or any
injury or death of any person or persons occurring in connection with the Project or the
property financed by the Existing Indebtedness and retinaneed with a portion of the proceeds
of the Bonds or the issuance of the Bonds and the Corporation's or the Hospital's undertaking
thereof, or in any way growing out of or resulting from this Agreement including, without
limitation, all costs and expenses of the Authority and reasonable attorneys' fees incurred in
the enforcement of any agreement of the Corporation contained herein, but excluding any
claims, losses, liabilities or damages resulting from the Authority's or Collier County's gross
negligence or willful misconduct. In the event that the Bonds are not issued and delivered,
this indemnity shall survive the termination of this Agreement.
A-4
.~ n~ ~ ? 6 ~997
(g) The Corporation and the Hospital will take such further action as may be
required to implement its aforesaid undertakings and as it may deem appropriate in
pursuance thereof.
4. General Provisions. All commitments of the Authority under Section 2 hereof
and of the Corporation and the Hospital under Section 3 hereof are subject to the conditions
that all of the following events shall have occurred not later than January 1, 2000, or such
other date as shall be mutually satisfactory to the Authority, the Corporation and the
Hospital.
(a) The Authority shall be lawfully entitled to issue the Bonds as herein
contemplated.
(b) The Authority, the Corporation and the Hospital shall have agreed on mutually
acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable
terms and conditions of any trust instruments or instruments in respect thereto and any
Financing Agreements or other agreements incidental to the financing or referred to in
Sections 2 and 3 hereof.
(c) Rulings satisfactory to the Corporation, the Hospital and the Authority as to
such matters with respect to the Series 1999A Bonds, the Project, the property financed by
the Existing Indebtedness, the Financing Agreements and any other trust instrument or
instruments, if specified by the Authority, the Corporation and the Hospital, shall have been
obtained from the Internal Revenue Service and/or the United States Treasury Department
and shall be in full force and effect at the time of issuance of the Series 1999A Bonds.
(d) Such other rulings, approvals, consents, certificates of compliance, opinions
of counsel and other instruments and proceedings satisfactory to the Corporation, the
Hospital and the Authority as to such matters with respect to the Bonds, the Project, the
property financed by the Existing Indebtedness, the Financing Agreements and any other
trust instrument or instruments, as shall be specified by the Corporation, the Hospital or the
Authority, shall have been obtained ~'om such governmental, as well as non-governmental,
agencies and entities as may have or assert competent jurisdiction over or interest in matters
pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds.
(e) Compliance with all applicable provisions of Chapters 159, 189,215 and218,
Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the
Bonds, tke interest rates thereon, the type of purchasers of the Bonds and the terms on which
the Bonds may otherwise be issued.
A-5
,i ~ ~ ? ~ i999
(f) Notwithstanding any other terms hereof, nothing contained herein shall be
construed to create a binding commitment by the Authority to issue the Bonds until such
time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and
the final terms and provisions of the Financing Agreements. By execution hereof, the
Corporation and the Hospital agree that the Authority may withhold its final approval of the
issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a
result of it not granting any such approval notwithstanding any other provision hereof.
(i) Receipt by the Corporation and the Hospital of all licenses and necessary
approvals from the Florida Department of Insurance and any other applicable governmental
authorities.
If the events set forth in this Section 4 do not take place within the time set forth or
any extension thereof, the Corporation and the Hospital agree that they will reimburse the
Authority for all the reasonable and necessary direct or indirect expenses which the Authority
may incur at the Corporation's or the Hospital's request arising from the execution of this
Agreement and the performance by the Authority of its obligations hereunder, including
reasonable legal fees and expenses for Counsel to the Authority and Bond Counsel.
5. Binding Effect. All covenants and agreements herein contained by or on behalf
of the Authority, the Corporation and the Hospital shall bind and inure to the benefit of the
respective successors and assigns of the Authority, the Corporation and the Hospital whether
so expressed or not.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by
their officers thereunder duly authorized as of the 15th day of January, 1999.
COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
(SEAL)
/s/
Chairman
ATTEST:
/s/
Secretary
COMMUNITY HEALTH CARE, INC.
A-6
(SEAL)
/s/
President
ATTEST:
/s/
Secretary
MARCO ISLAND HOSPITAL, INC.
(SEAL)
/s/
President
ATTEST:
/s/
Secretary
A-7
?999
EXHIBIT A TO PRELIMINARY AGREEMENT
DESCRIPTION OF EXISTING INDEBTEDNESS AND PROJECT
The Existing Indebtedness consists of two loan agreements with First Union National
Bank relating to (a) the acquisition, construction, installation and equipping of a two-story,
approximately 39,000 square foot building which houses a medical clinic operated by Collier
Health Services, Inc., a laboratory, various administrative offices and various social service
agency offices and (b) the acquisition of a two-story, approximately 162,000 square foot
building, a portion of which is used as a medical plaza which houses a wellness center, space
for outpatient rehabilitation services, laboratory facilities, physician offices and clinical
space. The Project will consist of the construction and equipping of a two-story,
approximately 24,000 square foot building, a portion of which will by used as a health care
facility which will include a cardiac wellness center and space for outpatient rehabilitation
services.
NapLes DaiLy Ne~s
NapLes, FL ~102
Affidavit of PubLIcation
NapLes DaiLy Ne~s ·
PICIGIORTH, DONALD P.A.
5150 TANZMII TRL N #602
NAPLES FL 3/d03
REFERENCE: 01078~
578019~ .Notice of PubLic Hea
State of FLorida
County of CoLLier
ubo~oBoath says,hat-he
serves as Assistant ControLLer of the NapLes DaiLy
Nays, a daily neepaper published at NapLes, in
CoLLier County, FLorida: that the attached copy
of advertising ,as published in said neuspaper on
dates Listed.
Afftant further says that the said NapLes DaiLy
News is a neuspapeP published at Na Lea, in said
· CoLttaP County FLorida, and that tResa d ~.:
neuspa r has ~eretofore been continuously
pubtis~.tn said CoLLier County/FLorida, each s. n con-
day and has bean ontered 8s second class mail The.lmmOkaleeHii31thCareprole~ is'iOcofed~t1454
matter at the post offtce in NapLes/in said d
A/~ leon-venuJmmokalee,~FlOd~.ondlsowned by
CoLLier County, FLorida, for a.per~ed of I year COmmun~He~l~Care.
next receding the first publication of the.
attac~ed copy of advertisement; and-aff~ant af308
further says that she has neither paid nor ond.,
p~omieed any person, firm or coporation any
discount, rebate/coma~ssto~l or refund for the
purpose of securing th~s advertisement for .:
publication in the said-newspaper.
PUBLZSHED ON: 12/30
/send SUch
AD SPACE: 188.000 ZNCH
": .___' __ _,~r___,,__ ore
. of, ont , ( "
Persmutty ~n ~ ~ ~~ ~/~
. . . .
]~ce g B~zi~
'~ .....~'~ MY COMMSSmON, CO0~ EXRES
~ril 1~ 2002
~ED THRU ~OY F~ I~ t~
EXHIBIT B
(INDUCEMENT RESOLUTION-COMMUNITY HEALTH
CARE, INC./MARCO ISLAND HOSPITAL)
JAN ? ~ ~99
RESOLUTION NO. 99- 77
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND
SALE OF REVENUE BONDS BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY
SECTION 147(f) OF THE INTERNAL REVENUE CODE, AS AMENDED;
PROVIDING FOR OTHER RELATED MATTERS.
Whereas, the Collier County Industrial Development Authority (the "Authority") is a
body corporate and politic of Collier County, Florida ("Collier County") created by Collier
County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February
27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to
issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter
159, Florida Statutes, as amended; and
Whereas, Community School of Naples, Inc., a Florida not for profit corporation, with
certain facilities located within the boundaries of Collier County, Florida, (the "Corporation")
has requested the Authority to issue its revenue bonds (the "Bonds") for the benefit of the
Corporation and to loan all or a portion of the proceeds thereof to the Corporation to, among
other things, (i) pay or reimburse the Corporation for the payment of, or to refinance certain prior
debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating,
rehabilitating and equipping certain educational facilities located in Collier County, Florida (the
"Project"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds,
and
Whereas, Section 147(f) of the Intemal Revenue Code of 1986, as amended (the "Code"),
provides that the elected legislative body of the govemmental unit which has jurisdiction over
the area in which the facility financed with the proceeds of tax exempt bonds is located is to
approve the issuance of such bonds after a public hearing; and
Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is
the elected legislative body of the County; and
Whereas, the Authority caused notice of a public hearing to consider approval of the
Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to
be published on or before December 30, 1998 in the Naples Daily News, a newspaper of general
circulation in the County, and a copy of said notice is attached as Exhibit A (the "Notice'); and
Whereas, the Authority held a public heating on January 15, 1999, pursuant to the Notice
and adopted a resolution ( the "Resolution") authorizing the issuance of the Bonds, a copy of
which is attached as Exhibit B, and has recommended to the Board that it approve the issuance
t~f ,.~ Bonds :~ -.accordance with Section 147(f) of the Code; and
Whereas, for the reasons set forth above, it appears to the Board that the approval of the
issuance and sale of such Bonds as required by Section 147(0 of the Code is in the best interests
of Collier County,
NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier
County, Florida, that:
Section 1. Approval of Issuance of the Bonds. This Board hereby approves the
issuance of the Bonds by the Authority for the purposes described in the Notice pursuant to
Section 147(f) of the Code. The Bonds shall be issued in such aggregate principal amount, bear
interest at such rates, mature in such amounts and be subject to such optional and mandatory
redemptions as are approved by the Authority without the further approval of this Board.
The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board
of County Commissioners, officers, agents or employees, or the State of Florida or any political
subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither
the faith and credit nor any taxing power of Collier County or the State of Florida or any political
subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on
the Bonds. No member of the Board of County Commissioners of Collier County or any officer
or employee thereof shall be liable personally on the Bonds by reason of their issuance.
This approval shall in no way be deemed to abrogate any regulations of Collier County
applicable to the project and the project shall be subject to all such regulations, including, but not
limited to, the Collier County Growth Management Plan, all concun'ency requirements contained
therein, and the Collier County Land Development Code.
Section 2. Severability. If any section, paragraph, clause or provision of this
Resolution shall be held to be invalid or ineffective for any reason, the remainder of this
Resolution shall continue in full force and effect, it being expressly hereby found and declared
that the remainder of this Resolution would have been adopted despite the invalidity or
ineffectiveness of such section, paragraph, clause or provision.
Section 3. Effective Date. This Resolution shall take effect immediately upon its
adoption, and any provisions of any previous resolutions in conflict with the provisions hereof
are hereby superseded.
PASSED and Adopted this~ ~ day of January, 1999.
[Remainder of this page intentionally lef~ blank, signatures on next page]
ATTEST: COLLIER COUNTY, FLORIDA BY
Dwight E. Brock, Clerk ITS BOARD OF COUNTY
/
' : , , '
.littest-as t~ 's
App~a~,ed as to form ana'-legal sufficiency:
b~id C. Wei~f, Cotu~ Attomey
Naples Dai L News
Naples, [L
Affidavit of Publication
Naples Da~ Ly News r NOTiCE~FA %EETING.AND PUBLIe'HEARING
IomlC z ,)~lOpl ne~! ~Ouncll ~ ~lller Cou~
5150 TANXANZ TRL N J6~ :eSol~le ~p~oi~n :fo~.~ffie ~ellmi~a~ ~prova of
g ~e ~r~ee~ meteor
~p es~ ;c. ,~::~FI orida c~rafion nd ~r prM~ (the
REFERENCE: ~078~ OSf.~l/C ' ~IflO, consku~on and equipping ~ cer-
57~193g NOTICE OF HEETING AN 'ln:~d~ ~nal~L:~ilttles ~esCdb~,belo~ and ~ re-
State of FLorida PTION:
County of Collier
appeaP~ ~ on ~th says that he
serves as Assistant C~troLLeP of the Naples Da~Ly
Ne~s~ a da~ty n~spaper published at Naples/~n rOwer's expansion; and
Collier County, Ftori~: t~t the attached copy ~he of parking Io~
Of ~verfising ~as pubHahed ~n said n~spaper on
dates ListS.
Affiant further says t~t the sa~d Naples Oa~ ly
b
News is a newspaper ~ Lish~ at Na Lea, ~n sa~d
Collier County, FLaMe, and that tKe sa~d ~Florl~ cor-
news~r has heretofore been continuously
published in sa~d CoLL~er County, Florida, each Authorl~ and the
day and has been enter~ as second class ~L . wlffi~e Issu-
Bonds
matter at the ~st office ~n Naples, ~n sa~d $1~cOns~Meanindebt-
Collier County, Florida, fops peMod of I year
next preceding the first pubHcat~on of the
attach~ copy of advertisement; and affiant conditions In-
further Bys that she has neither pa~d nor
promised any ~rson, firm or corral(on any
discount, re~te, c~ssi~ or refund for the
pur~se of securing th~a a~ertisem~t for heard
publication in the sa~d newsyper. (nvlted~subm~wrl~en
either personally or
PUBLISHED 0N: 12/30 will be Ivan on op-
oncernP~g the proF
c ng to make wrl~en
may send such
' W e~cO~me~ recelvedlnadvonceof~e h~rlng,
AD SPACE: ~8ZNCH ' rffia c
FZLED ON:
Signature of Affian
DECISIO~'~ D :B~THE AUTHORITY WITH RE-
U C ~ ~ SPECT T~ ~'~ATTER CONSIDERED AT SUCH
Personally known ~ me ,,. ~ Q ' ~_
HEARING SUCH PERSON WILL NEED A RECORD OF
THE PROCEEDINGS' AND ~OR THAT PURPOSE,
SUCH PERSON ~AY NEeD TO ENSURE THAT A
· VE BATI~ RECORD OF THE . ROCEEDINGS IS
~E WHICHRECORD INCLUDE~HE TESTIMONY
ANDi-~IDENCE~'UPONWHICHIHE APril IS TO BE
EXHIBIT A TO COUNTY RESOLUTION
(COMMUNITY SCHOOL)
-i A ~ ? 8 ~99~
RESOLUTION 99-
AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE
OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO
THE PROPOSED ISSUANCE BY THE AUTHORITY OF
PRIVATE ACTIVITY REVENUE BONDS IN AN INITIAL
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$9,000,000 FOR THE PRINCIPAL PURPOSE OF FINANCING
AND REFINANCING CERTAIN COSTS INCURRED OR TO BE
INCURRED BY THE COMMUNITY SCHOOL OF NAPLES (THE
"CORPORATION") IN CONNECTION WITH THE
ACQUISITION, CONSTRUCTION AND EXPANSION OF
CERTAIN EDUCATIONAL AND ANCILLARY FACILITIES;
AUTHORIZING THE EXECUTION AND DELIVERY OF A
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE
AUTHORITY AND THE CORPORATION; AND PROVIDING
FOR RELATED MATTERS.
WHEREAS, The Community School of Naples, a Florida not-for-profit corporation (the
"Corporation"), has applied to the Collier County Industrial Development Authority (the
"Authority"), to issue its private activity revenue bonds in the initial aggregate principal amount of
not to exceed $9,000,000 in one or more series (the "Bonds") for the principal purpose of (1)
financing or refinancing certain costs of acquisition, construction and equipping of certain
educational facilities (the "Project") to be owned and operated by the Corporation, (2) refinance
certain outstanding indebtedness of the Corporation previously incurred for the purpose of financing
the cost of acquisition and construction of certain educational facilities, and (3) paying costs
associated with the issuance of the Bonds.
WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds
to the Corporation pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision
or provisions of Florida law as the Authority may determine advisable (the "Act") in order to
accomplish the foregoing; and
WHEREAS, the bond resolution granting the final authority for the issuance of the Bonds
has not yet been adopted by the Authority; and
WHEREAS, the issuance of the Bonds under the Act in one or more issues or Series in such
amounts of tax-exempt and/or taxable bonds not exceeding an aggregate principal amount of
$9,000,000 and the loaning Of the proceeds thereof to the Corporation to finance and refinance a
portion of the costs of the Project under a loan agreement or loan agreements or other financing
agreements, and pursuant to the terms thereof which will provide that payments thereunder be at
Ieast sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds
and such other costs in connection therewith as may be incurred by the Authority, will assist the
Corporation and promote the public purposes provided in the Act; and
EXHIBIT B TO COUNTY RESOLUTION
(COMMUNITY SCHOOL)
WHEREAS, the Corporation has submitted the Memorandum of Agreement (the
"Memorandum of Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A;
and
WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal
Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public
hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more
than 14 days following the first publication of notice of such public hearing in a newspaper of
general circulation in Collier County and which public hearing was conducted in a manner that
provides a reasonable opportunity for persons with differing views to be heard, both orally and in
writing, on the issuance of such Bonds and the location and nature of the Project, as more
particularly described in the notice of public hearing attached hereto as Exhibit B; and
WHEREAS, it is intended that this Resolution shall constitute official action toward the
issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in
addition to any other action that may have heretofore been taken by the Corporation;
NOW, THEREFORE, IT IS DETERMINED AND RESOLVED BY THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution,
hereinafter called "Resolution" is adopted pursuant to the provisions of the Act and other applicable
provisions of law.
SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into
to permit the Corporation to proceed with the financing and re~nancing of a portion of the costs of
the Project and to provide an expression of intention by the Authority, prior to the issuance of the
Bonds, to issue and sell the Bonds and make the proceeds thereof available to finance and retinanee
a portion of the costs of the Project, all in accordance with and subject to the provisions of the Act,
the Constitution and other laws of the State of Florida, including the Internal Revenue Code of 1986,
as amended and this Resolution, but subject in all respects to the terms of the Memorandum of
Agreement hereinafter referred to.
SECTION 3. APPROVAL OF THE FINANCING AND REFINANCING. The
financing and re~nancing of a portion of the costs of the Project by the Authority through the
issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity,
health and welfare of the citizens of Collier County, will promote the general economic structure of
Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily
approved, subject, however, in all respects to the Corporation meeting the conditions set forth in the
Memorandum of Agreement to the sole satisfaction of the Authority.
SECTION 4. EXECUTION AND DELIVERY OF MEMORANDUM OF
AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute,
2
for and on behalf of the Authority, the Memorandum of Agreement attached hereto as Exhibit "A"
between the Authority, the Corporation providing understandings relative to the proposed issuance
of the Bonds by the Authority to finance a portion of the costs of the Project in an aggregate principal
amount not to exceed the lesser of(a) $9,000,000 or (b) the amount determined by the Authority, the
Corporation to be necessary to accomplish the foregoing.
SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized
to be issued and the Authority hereby determines to issue the Bonds, if so requested by the
Corporation and subject in all respects to the conditions set forth in the Memorandum of Agreement
attached hereto, in one or more issues or Series of such revenue bonds in an aggregate principal
amount not to exceed $9,000,000 for the principal purpose of financing a portion of the costs of the
Project as described in the Memorandum of Agreement. The rate of interest payable on the Bonds
shall not exceed the maximum rate permitted by law.
SECTION 6. GENERAL AUTHORIZATION. The Chairman and the
Vice-Chairman are hereby further authorized to proceed, upon execution of the Memorandum of
Agreement, with the undertakings provided for therein on the part of the Authority and are further
authorized to take such steps and actions as may be required or necessary in order to cause the
Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the
Memorandum of Agreement authorized hereby.
SECTION 7. OFFICIAL ACTION. This resolution is an Official Action of the
Authority toward the issuance of the Bonds, as contemplated in the Memorandum of Agreement, in
accordance with the purposes of the laws of the state of Florida and the applicable United States
Treasury Regulations.
SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County,
the state of Florida or any political subdivision or agency thereof but shall be payable solely from
the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into
by and between the Authority, the Corporation prior to or contemporaneously with the issuance of
the Bonds. The Authority has no taxing power.
SECTION 9. LIMITED APPROVAL. The approval given herein shall not be
construed as an approval of any necessary rezoning applications nor for any other regulatory permits
relating to the Project and the Authority shall not be construed by reason of its adoption of this
resolution to have waived any right of Collier County or estopping Collier County from asserting any
rights or responsibilities it may have in that regard.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately.
ADOPTED this 15th day of January, 1999.
COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY,
COLLIER COUNTY, FLORIDA
(SEAL)
/s/
Chairman
ATTEST:
/s/
Secretary
4
EXHIBIT A TO RESOLUTION
MEMORANDUM OF AGREEMENT FOR ISSUANCE OF
PRIVATE ACTIVITY REVENUE BONDS
This Agreement between the Collier County Industrial Development Authority, a public body
corporate and politic (the "Authority"), and The Community School of Naples, a Florida not-for-
profit corporation (the "Corporation").
WITNESSETH:
1. Preliminary_ Statement. Among the matters of mutual understanding and inducement
which have resulted in the execution of this Agreement are the following:
(a) Whereas Chapter 159, Parts II and III, Florida Statutes, and other applicable
provisions of law (the "Act") provides that the Authority may issue revenue bonds and loan the
proceeds thereof to one or more persons, firms or private corporations, or use such proceeds, to
defray the cost of acquiring, by purchase or construction, certain qualifying educational facilities.
(b) The Corporation is considering financing or refinancing a portion of the costs of
acquisition, construction and equipping of educational facilities, which facilities are more fully
described in Exhibit A attached hereto (the "Project").
(c) The Authority intends this Agreement to constitute its preliminary approval, subject
in all respects to the terms hereof, to issue its bonds (the "Bonds") in one or more Series or issues
pursuant to the Act in an amount to be agreed upon by the Authority and the Corporation and to loan
the proceeds thereof to the Corporation, or to use such proceeds, to finance and refinance a portion
of the costs of the Project and payment of all or a portion of the costs incurred in connection with
the issuance of the Bonds by the Authority and the Corporation, up to an amount not to exceed
$9,000,000.
(d) The Authority considers the issuance and sale of the Bonds, for the purposes
hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes the
official preliminary action of the Authority toward the issuance of the Bonds as herein contemplated
in accordance with the purposes of both the Act and the applicable United States Treasury
Regulations.
2. Undertakings on the Part of the Authority_. Subject to the terms hereof, the Authority
agrees as follows:
(a) Subject to the Corporation providing the Authority with sufficient evidence to enable
the Authorit}, to make the findings set forth in Section 159.29 of the Act, the Authority will, subject
A-1
to Section 4(g) hereof, authorize the issuance of the Bonds, in one or more Series or issues, in the
aggregate principal amount necessary and sufficient to finance and retinanee a portion of the cost
of acquiring, constructing and expanding the Project as the Authority and the Corporation shall agree
in writing (including costs of issuance of such Bonds), but in all events, the principal amount of such
Bonds shall not exceed the lesser of(i) the amount determined by the Authority and the Corporation
necessary to accomplish the foregoing, or (ii) $9,000,000.
(b) The Authority will cooperate with the Corporation and with the underwriters,
placement agents or purchasers of the Bonds and the bond counsel of the Authority with respect to
the issuance and sale of the Bonds and will take such further action and authorize the execution of
such documents as shall be mutually satisfactory to the Authority and the Corporation for the
authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance and
refinance a portion of the cost of constructing, acquiring and expanding the Project and pay costs
related to the issuance of the Bonds.
(c) Such actions and documents may permit the issuance from time to time in the future
of additional bonds on terms which shall be set forth therein, whether pari passu with other Series
of bonds or otherwise, for the purpose of defraying the cost of completion, enlargements,
improvements and expansions of the Project, or any segment thereof, or refunding of the Bonds.
(d) The loan agreement(s), trust indenture, mortgage(s) and other financing documents
(collectively, the "Financing Agreements") between the Authority and the Corporation shall, under
terms agreed upon by the parties, provide for payments to be made by the Corporation in such sums
as shall be necessary to pay the amounts required under the Act, including the principal of and
interest and redemption premium, if any, on the Bonds, as and when the same shall become due and
payable.
(e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority
will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient
to pay all cosls of acquiring, constructing and expanding the Project or that those facilities
encompassed by the Project will be suitable for the purposes or needs of the Corporation.
(f) The Bonds shall specifically provide that they are payable solely from the revenues
derived from the Financing Agreements between the Authority and the Corporation or other
agreements approved by the Authority, except to the extent payable out of amounts attributable to
Bond proceeds. The Bonds and the interest thereon shall not constitute an indebtedness or pledge
of the general credit of Collier County, the State of Florida or any political subdivision or agency
thereof. and such fact shall be plainly stated on the face of the Bonds.
(g) Issuance of the Bonds by the Authority shall be contingent upon satisfaction of(i) all
of the provisions hereof and (ii) all provisions of the Intemal Revenue Code of 1986, as amended
(the "Code"), and the regulations promulgated thereunder, including the ability of and desirability
by the Authority to issue obligations to finance a portion of the costs of the Project and the approval
A-2
thereof by the Board of County Commissioners of Collier County in accordance with the provisions
of Section 147(0 of the Code.
3. Undertakings on the Part of the Corporation. Subject to the terms hereof, the
Corporation agrees as follows:
(a) The Corporation will use reasonable efforts to insure that the Bonds in the aggregate
principal amount as stated above are sold; provided, however, that the terms of such Bonds and of
the sale and delivery thereof shall be mutually satisfactory to the Authority and the Corporation.
(b) Prior to the issuance of the Bonds in the principal amount stated above in one or more
Series or issues from time to time as the Authority and the Corporation shall agree in writing, the
Corporation will enter into the Financing Agreements with the Authority, the terms of which shall
be mutually agreeable to the Authority and the Corporation, providing for the loan or use of the
proceedsof the Bonds to finance a portion of the costs of the Project. Such Financing Agreements
will provide that the Corporation will be obligated to pay the Authority (or the trustee for holders
of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to
enable the Authority to pay the principal of and interest and redemption premium, if any, on the
Bonds, as and when the same shall become due and payable, and all other expenses related to the
issuance and delivery of the Bonds.
(c) The Corporation shall, in addition to paying the amounts set forth in the Financing
Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other
charges which may be assessed or levied against or with respect to the Project.
(d) To the extent not otherwise paid from Bond proceeds as part of the costs of the
Project, the Corporation hereby agrees to pay all of the out of pocket expenses of officials and
representatives of the Authority incurred in connection with the issuance of the Bonds and will pay
all fees and expenses of the Authority in accordance with its guidelines, of Donald A. Pickworth,
Esq., Counsel to the Authority, and ofNabors, Giblin & Nickerson, P.A., Bond Counsel.
(e) The Corporation will hold the Authority and Collier County free and harmless from
any loss or damage and from any taxes or other charges levied or assessed by reason of any
mortgaging or other disposition of the Project.
(f) The Corporation agrees to indemnify and defend the Authority and Collier County
and hold the Authority and Collier County harmless against any and all claims, losses, liabilities or
damages to property or any injury or death of any person or persons occurring in connection with the
Project or the issuance of the Bonds and the Corporation's undertaking thereof, or in any way
growing out of or resulting from this Agreement including, without limitation, all costs and expenses
of the Authority and reasonable attorneys' fees incurred in the enforcement of any agreement oft he
Corporation contained herein, but excluding any claims, losses, liabilities or damages resulting from
the Auttxority's or Collier County's gross negligence or willful misconduct. In the event that the
Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement.
A-3
(g) The Corporation will take such further action as may be required to implement its
aforesaid undertakings and as it may deem appropriate in pursuance thereof.
4. General Provisions. All commitments of the Authority under Section 2 hereof and
of the Corporation under Section 3 hereof are subject to the conditions that all of the following
events shall have occurred not later than January 1, 2000, or such other date as shall be mutually
satisfactory to the Authority and the Corporation.
(a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated.
(b) The Authority and the Corporation shall have agreed on mutually acceptable terms
for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any
trust instrument or instruments in respect thereto and any Financing Agreements or other agreements
incidental to the financing or referred to in Sections 2 and 3 hereof.
(c) Rulings satisfactory to the Corporation and to the Authority as to such matters with
respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or
instruments, if specified by the Authority and the Corporation, shall have been obtained from the
Internal Revenue Service and/or the United States Treasury Department and shall be in full force and
effect at the time of issuance of the Bonds.
(d) Such other rulings, approvals, consents, certificates of compliance, opinions of
counsel and other instruments and proceedings satisfactory to the Corporation and to the Authority
as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other
trust instrument or instruments, as shall be specified by the Corporation or the Authority, shall have
been obtained from such governmental, as well as non-governmental, agencies and entities as may
have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full
force and effect at the time of issuance of the Bonds.
(e) Compliance with all applicable provisions of Chapters 159, 189, 215 and 218, Florida
Statutes, and the Authority's guidelines and procedures relating to the issuance of the Bonds, the
interest rate thereon, the type of purchasers of the Bonds and the terms on which the Bonds may
otherwise be issued.
(f) Receipt of a favorable feasibility report demonstrating the financial feasibility of the
Project in form and substance satisfactory to the Authority.
(g) Notwithstanding any other terms hereof, nothing contained herein shall be construed
to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the
Authority shall grant its final approval for the issuance of the Bonds and the final terms and
provisions of the financing and refinancing. By execution hereof, the Corporation agrees that the
Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall
not incur any liability whatsoever as a result of it not granting any such approval notwithstanding
any other provision hereof.
(h) Receipt by the Corporation of all licenses and necessary approvals from the Florida
Department of Insurance and any other applicable govemmental authorities.
If the events set forth in this Section 4 do not take place within the time set forth or any
extension thereof, the Corporation agrees that it will reimburse the Authority for all the reasonable
and necessary direct or indirect expenses which the Authority may incur at the Corporation's request
arising from the execution of this Agreement and the performance by the Authority of its obligations
hereunder, including reasonable legal fees for counsel to the Authority and the expenses of bond
counsel.
5. Binding Effect. All covenants and agreements herein contained by or on behalf of
the Authority and the Corporation shall bind and inure to the benefit of the respective successors and
assigns of the Authority, the Corporation whether so expressed or not.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their
officers thereunder duly authorized as of the __day of ,1999.
COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY,
COLLIER COUNTY, FLORIDA
(SEAL)
/s/
Chairman
ATTEST:
/s/
Secretary
THE COMMUNITY SCHOOL OF NAPLES
(SEAL)
/s/
President
ATTEST:
/s/
Secretary
A-5
EXHIBIT A TO MEMORANDUM OF UNDERSTANDING
DESCRIPTION OF PROJECT
The Project will consist of, but not be limited to, the acquisition, construction, installation
and equipping of additional buildings to the Borrower's present campus, such buildings to include
but not be limited to 2 lower school buildings, 2 high school buildings and a
volunteer/administration center and a library; the acquisition of additional property contiguous to the
Borrower's existing schools for future expansion; and the reconstruction and reworking of parking
lots and athletic fields on the property.
'-
Naples I)atty News
Naptes, FL 34102
Affidavit of Publication
NapLes Dat Cy News r ~'Ne~12~" i~'MEETiuNeLA~DPUBLIC'HEARING
I m
NAPLES FL 3(I03 ;9,000:' 0~01 ~ :l~Us~ ~ Velopme~ Revenue
, ~'-~:o' ~ ~,0.s ;~f.~ ,'. Pro e~}. se-
57~1~9 ~TICE OF NEETING AN ,fi~on~; ~l~%~ ~n~ I~e~dness of the
State of Ftori~ .~r.~., : "'
Coun~ of Collier
appear~
serves as Assistant C~troLter of the ~ptes Da~ty
Ne~s~ ·deity ne~s~per pubHsh~ at ~pLes, ~n rower's expo~lon; end
CoLLier County, Florida: that the attached copy the tg of perking lots
of advertising Has ~bHsh~ in said n~spaper on
dates Hst~.
Affiant further says that the said ~ptes Da~ty
News ~s a n~s~per ~bHsh~ at Na tes, 4n ~td Florl~ cor-
CoLlier ~nty~ Florida, e~ that t~e said
neus~per ~ herelders b~ c~ttn~usLy
pubtish~ ~n said Co[Her C~nty, Ftortda, Mch A~r~ end
day and ~ be~ mter~ as searid class me~t . wlfhffie Issu-
1~9f Bonds
matter st the ~st office ~n Naptea, tn sa~d on Ind~t-
CotHer C~nty, FLorida, for a per~ of I
next racking the first ~bttcat~on of the
attac~ copy of advertisement; a~ affimt condffions In-
further says t~t she has neither ~td nor
promis~ any person, firm or cobralion any
discount~ rebate~ ~tss~on or refu~ for the
pur~se of securing this advertiseant for
pubHcati~ ~n the sa~d neepaper. to submlt~ffien'
either p~sonolly or
PUBLZSHED ~: 12/~ will be ivan on op-
0~ern~g ~e prol-
c ng ~o moke wrl~en
Comme~ ~ln ~ moy ~nd such
.... ~ ...... ;_ .
Pers~aLty ~o~n by me ~ o . .. ~. ~ _~ ~ SUCH PERSON MAY NEeD TO E URE THAT A
' ~ND' ~IDEN~E:UPON'WHICH TRE APPEAL IS TO BE
.p~e InffiiSEh~rl s~uld confed D ~ad'A~ Plck-
~: ~NDED~lffiY~tffi' "~',
EXHIBIT B
(INDUCEMENT RESOLUTION-THE COMMUNITY
SCHOOL OF NAPLES, INC.
NapLee Oa~ L News
NapLes, FL ~6102
Affidavit of PubLication NapLes DaiLy News
PZCKNORTH, DONALD P.A.
5150 TAMIAMZ TRL N #6(~
NAPLES FL 36103
REFERENCE: 010786
57801966 .Notice of PubLic Hea
State of FLorida
County of CoLLier
wh~-~-~th ~ys that he .-
ap~P~
serves as Assistant ~ntroLLer of the NapLes DaiLy
News, a daily newelper ~bHshd at N~tes,
CoLHer County, FLor~: tMt the attach~ copy
of advertising was pubHshed tn sa~d n~speper on
dates
'. Affient further says that the said NapLes Oai Ly
News is a ne,s~per ~bLtsh~ at Ne Lea, ~n sa~d
CoLlier County Ftor~, and that t~e ~d ~'
pubHs~. in ~d CoLHer Co~ty~ FLor~da~ each n~l In con-
day and has b~ ~tered as second class metL Thelmmokolee Hbaiffi ~re Prole~ls oc~ed~ 1454
attar at the ~et office in NapLes~ in said Modlson AvenUe Immkalee,.Florl~ond Is owned by
CoLHer C~nty~ Ftort~, for a period of I year Commun~Hebl~C6re.
next rec~ng the first publication of the "
attac~ The Gron~ Cen~ol Sffion Pro e~ is ~loc~ed
~ copy of ~vertisem~t; and effiant
~1~ R~ 'So~, Ngples, ~lorldo Qnd Is ~ 308
further says that she has neither ~id nor j andoper~edbyCemmun~;HNith~re.. own~
pr~is~ any ~rson~ ft PB or c~ration any
The M~co slond P~O e~ IS :1o~ ~ 40 He~wood
disc~nt~ rebate~ ~mm~ssion or refund for the ' D'rlVe SO~h~ ~ar~o iS~nd FI0~one IS Owned and
pur~se of securing th~s advert~s~nt for oPer~edbyMorC01sund~o~Ho . .. ·
pubHcat~ in the se~d newspaper. All lffieres~ ~ ~ ~l.~el;: ~d b submit ~lffen
comme~or~n~ffie h~g e~er ~onolly or
PUBLZSHED ON: 12/30 podun~ ~-expresS.ffielr v(e~concern~ 'fhe Prol-
eds or fhe ~no~lng, An one dealring '~ m~e ~i~en
n ~SONOr h H. ses~rlv~ $u~120
Sworn' to and Su this ~ day of~ 1~ ~CT YO ~.y MATER CONSDER~ AT SUCH
MADE '~ ;H ~RECORD INC UDES THE TESTIMO-
In. accordance, W h ~ erlCans ~. Dl~blllfles
A~, Pe o~:ne~ a~t ~1 accommo~lOn.~, r-
,, ..........~.. 3oyce E. Blazler Hclp~ffils: ,ear~g ,s~ld coma~ Donald A. ~-.
~ COMMISSION
rnalRevenueCO~ os omendad. . '
January 26, 1999
Item #17A Moved to Item #12B3
Item #17B
RESOLUTION 99-78, RE PETITION V-98-22, WALTER CHEVILLET REPRESENTING
ANCHORAGE CONDOMINIUM, REQUESTING A 10 FOOT VARIANCE FROM THE
REUQIRED 15 FOOT SIDE YARD TO 5 FEET ON THE SOUTH PROPERTY LINE FOR
CARPORTS FOR A CONDOMINIUM COMPLEX LOCATED ON VANDERBILT DRIVE,
APPROXIMATELY ONE HALF MILE SOUTH OF WIGGINS PASS ROAD
Page 148
·
RESOLUTION NO. 99- 78
RELATING TO PETITION NUMBER V-98-22,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes regulations for the zoning
of particular geographic divisions of the County, among which is the
granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
the advisability of a 10-foot variance from the required 15 foot side
yard setback to 5 feet as shown on the attached plot plan, Exhibit "A",
in a "RT" Zone for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in
accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-98-22 filed by Walt Chevillet of K.C. Construction of
Naples, Inc., representing Anchorage Condominium Association, with
respect to the property hereinafter described as:
EXHIBIT "B"
be and the same hereby is approved for a 10-foot variance from the
required 15 foot side yard setback to 5 feet as shown on the attached
plot plan, Exhibit "A", of the "RT" Zoning District wherein said property
is located.
-1-
. jAN ,? ~ ~g~
BE IT RESOLVED that this Resolution relating to Petition Number
V-98-22 be recorded in the minutes of this Board.
This Resol.ution adopted after motion, second and majority vote.
AT~'ES'T,~i;%iLI j'/' '- t... BOARD OF ZONING APPEALS
""";7~ ,~:-, '2 '.," ' .. COLLIER COUNTY, FLORIDA
arCoz,%' ~d'% Student
Assistant County Attorney
f/V-98-22 RESOLUTION
-2- I
t66~0~30 ~ "..-,:~..7"~:9~~
~ ,,~"":.~t~ ' ~ =- ~ ; ~-:~
'=~ .,,~ .~.~.:=... ....../
,: ~,. ". ~ '. .. .. .
I
~ .~.;~ '_./ ...,
i G.,.. :.,
't ' ....
~ I ,. i . ~:'~"~ ,...'·
~ 'X. .11'111 I,I1.[6 -it i ~ a " L = I I
co '..~L~
EXHIBIT "~"
./..._'; PROPERTY DESCRIPTION ,jAN ? ~ lg9g
· - THAT PORllON OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECllON 17. TOWNSHIP 48 SOUTH, RANGE 25 EAST. DESCRIBED AS
" FOLLOWS:
FROM THE NORTHEAST CORNER OF THE SOUTHEAST OUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF SA:D SECllON
RUN S.B!)SYlB'W. FOR 50 FEET TO THE PO)NT OF BEO JNN)NG
ON THE WESTERLY R:GHT-OF-WAY UNE OF STATE ROAD S-885A; THENCE
RUN N.OO'26'OO'W., ALONG SA~D R)GHT-OF-WAY UNE. FOR 21i.15
FEET TO A PO(NT ON BULKHEAD UNE NO. 3. AS SHOWN ON THE PLAT
THEREOF RECORDED )N BULKHEAD UNE PLAT BOOK 1. PAGE 7, OF THE
PUBUC RECORDS OF OOLUER OOUNTY. FLOR)DA; THENCE
S.41'11'03'W., ALONG SAID BULKHEAD UNE. FOR 414.13 FEET;
THENCE S.00~)6'42'E.. FOR ~20.00 FEET, THENCE N.B!)SYlB'E.
FOR 275.72 FEET TO A PO)NT ON SA)D R~GHT-OF-W AY UNE OF STATE
ROAD S-885A; THENCE N.OO'20'OO'~V. FOR 220.00 FEET TO THE
pO)NT OF 8EG)NN)NG. COLUER COUNTY, FLORIDA.
NOTES:
PROPERTY DESCRIPTION SUPPLIED BY CLIEN1.
THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVAllONS OR
RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST UNE OF THE SOUTHEAST
QUARTER OF SECTION 17. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLUER
COUNTY. FLORIDA. AS BEING S.00'26'00'E.
EXHIBIT' "B"
January 26, 1999
Item #17C
RESOLUTION 99-79, RE PETITION V-98-20, ROGER HILL, REPRESENTING
LOWELL AND CLAUDIA NEWTON, REQUESTING A 10.3 FOOT VARIANCE TO THE
REQUIRED 15 FOOT REAR YARD SETBACK TO 4.7 FEET FOR PROPERTY LOCATED
AT 520 BALD EAGLE DRIVE, IN THE NAPLES BATH AND TENNIS CLUB #B
Page 149
.iAN ? 199
RESOLUTION NO. 99- ~9
RELATING TO PETITION NUMBER V-98-20,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the LegislatUre of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which establishes regulations for the zoning
of particular geographic divisions of the County, among which is the
granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
the advisability of a 10.3-foot variance from the required 15-foot rear
yard accessory structure setback feet to 4.7 feet as shown on the
attached plot plan, Exhibit "A", in a ~PUD" Zone for the property
hereinafter described, and has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with
Section 2.7.5 of the Zoning Regulations of said Land Development Code for
the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-98-20 filed by Roger Hill, representing Lowell W. and
Claudia G. Newton, with respect to the property hereinafter described
Lot 18, Naples Bath & Tennis Club, Unit B, as recorded in Plat
Book 9, Page 64, of the Public Records of Collier County,
Florida.
-1-
,) A N .2 ~, 1999
be and the same hereby is approved for a 10.3-foot variance from the
required 15-foot rear yard accessory structure setback to 4.7 feet as
shown on the attached plot plan, Bxh~b~t "~", o~ the "gUD" ~on~ng
D~stz~ct wheze~n sa~d p~ope~ty ~s located, subject to the ~ollow~ng
conditions:
1. Hedges, bushes and/o~ t~ees shall be planted along
the northeast po~t~on o~ subject ~ot 18 ~n a manner
consistent w~th and s~m~la~ to the vegetation planted
along the northwest portion o~ ~ot 18.
BB I~ ~BSO~V~D that th~s ResoZut~on relating to Bet~t~on Numbez
V-98-20 be recorded ~n the m~nutes o~ th~s Board.
· h~s ResoZut~o~opted a~tez motion, second and majority vote.
Done this~~ ' day of ~7 , 1999.
$ i.~a'ture ;-~)~)'~ .~i~, ~z.,;~.L.
~p~q~ed-...a~'[~[f6.'?~m,';~'nd Legal Sufficiency:
Ma~ie M. Student
Assistant County Attorney
f/V-98-20 RESOLUTION
S 84'10'00" E 97.43'
'~ - 20' SETBACK
: ......... id.b
~ g SrO~
~S/~gnu
2O~ LOT
LOT t9
,DCK WALK
:.'-
· · -. V2' ,
SOUTH
POINT OF
CU~V~
TV~ N 84'10'00" W'-:: 56.1g' 's/a' CURVE l
TEL :: ': : :~ 0.3o' WEST
· 7., F ' . _ . .~X-".'~':: ': .~ ""
Exhibit "~''
. ~ od B" 2 O pLOT pLAN pREPARED VOR
~OGt~R HILL REALTY
DESCR ~ P T I ON ~
pREPARED BY:
CffY WATER h~ SE~ER LOT 18 ~GEORGE C. SPENCER JR
~ NAPLES BATH ~7oso ~N~ ~v~Nu'~
~8~ so. ~. ~ T E N N I S C L U Bt
p~TIO AREA gg6SO. FT. UNITB BONITA SPRINGS' EL 34~5S
10~AL AREA pHONE (9AI} 591-2239
DATE: 8/26/98 SCALE l" ' 3G
, JOB ~ 95~7P
January 26, 1999
Item #17D - Moved to Item #12B2
Item #17E
ORDINANCE 99-2, RE PETITION R-98-7, WILLIAM L. HOVER, AICP, OF HOOVER
PLANNING, REPRESENTING MARPET INVESTMENT, INC., REQUESTING A REZONE
FROM RSF-3 TO C-4 FOR PROPERTY LOCATED ON THE EAST SIDE OF S.R. 951,
APPROXIMATELY 700 FEET SOUTH OF U.S. 41, CONSISTING OF 1.43 +/- ACRES
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:50 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
These'~minutes ~pproved by the Board on /'Ufa~ ~-.5//9~? ,
As.presentedi~ '~or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC
Page 150
INTERLOCAL AGREEMENT RELATING TO
THE ACQUISITION OF
THE GOLDEN GATE UTILITY SYSTEM
Between
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
and
COLLIER COUNTY WATER-SEWER DISTRICT
INTERLOCAL AGREEMENT RELATING TO
THE ACQUISITION OF
THE GOLDEN GATE UTILITY SYSTEM
THIS INTERLOCAL AGREEMENT, dated as of March 1, 1999 (the "Interlocal
Agreement"), by and between the FLORIDA GOVERNMENTAL UTILITY
AUTHORITY, a legal entity and public body organized and existing under the laws of the
State of Florida (the "Authority") and the COLLIER COUNTY WATER-SEWER
DISTRICT (the "District"), each constituting a "public agency" under Poxt I of Chapter 163,
Florida Statutes (the "Interlocal Act").
WITNESSETH:
WHEREAS, the Authority was established pursuant to an Interlocal Agreement,
dated as of February 1, 1999 (the "Interlocal Agreement"), initially among Brevard County,
Florida; Lee County, Florida; Polk County, Florida; and Sarasota County, Florida for the
purpose of acquiring, owning, improving, operating and maintaining water and wastewater
utility facilities; and
WHEREAS, pursuant to the Interlocal Act, the Authority has entered into an
agreement to purchase certain water and wastewater utility facilities owned/or controlled by
Avatar Holdings, Inc. and its subsidiaries ("Avatar") and such utility facilities include a water
and wastewater utility system located in Collier County, Florida (the "County") more
commonly known as the "Golden Gate" utility system ( the "Golden Gate Utility System");
and
WHEREAS, the Authority will issue a series of obligations known as the "Florida
Governmental Utility Authority Utility Revenue Bonds (Golden Gate Utility System), Series
1999 (the "Bonds") for the principal purpose of acquiring the Golden Gate Utility System
pursuant to an Indenture of Trust, dated as of March 1, 1999 (the "Indenture"), by and
between the Authority and SunTrust, Central Florida, National Bank, a national banking
association; and
WHEREAS, the District has determined that it does not wish to become a member
of the Authority but would like to preserve certain options and abilities concerning the
Golden Gate Utility System pursuant to the terms and provisions hereina~er set forth;
O
NOW, THEREFORE, in consideration of the foregoing and the covenants contained
herein, it is mutually agreed and understood by and between the District and the Authority
as follows:
SECTION 1. ACQUISITION OF GOLDEN GATE UTILITY SYSTEM
BY THE DISTRICT.
(A) The Authority hereby grants the District the fight to acquire all, but not less
than all, of the assets, liabilities, obligations, and responsibilities relating to the Golden Gate
Utility System for so long as the Golden Gate Utility System is owned or controlled by the
Authority. The terms and provisions of such acquisition shall be established pursuant to a
utility acquisition agreement between the Authority and the District, subject to the terms and
conditions of the Interlocal Agreement and the Indenture. Notwithstanding the foregoing and
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unless otherwise agreed to by the Authority and the District, the purchase price for the
Golden Gate Utility System shall be the amount required to repay the Bonds and any
additional obligations of the Authority related with the Golden Gate Utility System. The
District further agrees to negotiate with the Authority for the payment of a pro-rata share of
any reasonable, verified Authority expenses at the time of acquisition by the District. The
, , District shall also pay all verifiable expenses associated with the transfer of the Golden Gate
e,,, Utility System by the Authority to the District.
sa.. (B) The Authority hereby also grants the District the right to assume the
,.n Authority's obligations under the Bonds and the Indenture, all pursuant to the terms and
o conditions set forth in Article VII of the Indenture. Any such assumption by the District
shall take place simultaneously with the transfer of the Golden Gate Utility System from the
Authority to the District.
SECTION 2. OVERSIGHT OF RATES, FEES AND CHARGES BY THE
COUNTY. The Authority hereby agrees with the District that the County, or the County's
designee, shall have the power to review and/or approve rates, fees and charges relating to
the Golden Gate Utility System in accordance with and to the extent allowed under Section
4.04 of the Interlocal Agreement. The County shall not have the power to approve any such
rates, fees and charges in the event such rates, fees and charges have been established by the
Authority in order to comply with the covenants contained in the Indenture. The County
shall apply its ordinances and rules and regulations which pertain to water and wastewater
franchise utilities in determining rates, fees and charges for the Golden Gate Utility System;
however, the County and Authority acknowledge that certain rate-making principles are
different for public entities such as the Authority than for private entities. The County and
the Authority shall enter into a separate interlocal agreement with respect to the process to
be followed in the review and approval of rates, fees and charges of the Golden Gate Utility
eq System. Collier County Water Wastewater Authority shall retain jurisdiction over customer
~ complaints and other related matters so that the County shall retain its regulatory assessment
~" fees.
¢-,, SECTION 3. AMENDMENTS. This Interlocal Agreement may be mended
c:~ in writing at any time by an interlocal agreement between the Authority and the District.
SECTION 4. GENERAL PROVISIONS.
(A) Except as specifically set forth herein, nothing herein shall be deemed to
authorize the delegation of any of the constitutional and statutory duties of the State of
Florida, the Authority, the County, the District or any officers thereof.
(B) A copy of this Interlocal Agreement shall be filed in accordance with the
provisions of the Interlocal Act.
(C) Neither the County nor the District shall in any manner be obligated to pay any
debts, obligations or liabilities arising as a result of any actions of the Authority, any
Director, or any other agents, employees, officers, or officials of the Authority, except to the
extent otherwise mutually agreed upon, and neither the Authority, the Directors, nor any
4
other agents, employees, officers or officials of the Authority have any authority or power
to otherwise obligate the County or the District in any manner.
(D) In the event that any provision of this Interlocal Agreement shall, for any
reason, be determined invalid, illegal or unenforceable in any respect by a court of competent
jurisdiction, the other provisions of this Interlocal Agreement shall remain in full force and
f~ effect.
e.., (E) This Interlocal Agreement shall be construed and governed by the laws of the
~x. State of Florida.
,.c, (F) This Interlocal Agreement shall be contingent upon delivery of the Bonds by
o the Authority.
SECTION 5. EFFECTIVE DATE. This Interlocal Agreement shall become
effective on the latter of (a) the dated date hereof or (b) the last date the last of the parties
hereto executes this Interlocal Agreement and the filing requirements of Section 4(B) hereof
are satisfied.
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' 8Ul
· IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on
behalf of the Authority and the District by their authorized officers or officials.
COLLIER COUNTY WATER-SEWER
-:' .,,,, DISTRICT
' ':-: ~:' ] ;r~iBoar~ ~f~n~ Commissioners Attest ,s to Chairman s
~,.,..,~,,.
Approved as to Fo~ ~d Legal Sufficiency:
David C, Weigel, Coun~ ~mey
FLORIDA GOVERNMENTAL
UTILITY AUTHORITY
..: ~_~~ ~,, ~/~
ATTEST: P'C'hairm/ / ' '
Secretary-Treasurer
6
Work Order
Agreement for Fixed Term Professional
Material Testing Services
Dated September 19, 1995 (Contract #95-2388)
4
TI'tis work order is Ibr professional engineering services for work known as
(Title) Removal and Replacement of Underground Storage Tank System Piping and Ground
Testing
(Reason f.r projcctl TO Meet Florida DEP Underground Fuel Tank Regulations.
The work is specified in thc proposal dated October 1, 1998 , which is attached hereto and made a
part of ibis work order. In accordance wifl~ the Terms and Conditions of the Agreement referenced above.
Work Order # LEI - FT 99-01 is assigned to LAW Engineering and Environmental Services. Inc.
(Firm Name)
Scope of Work:
(List all task: Task 1, Task 2, etc.)
Removal and replacement of underground storage tank /UST) piping and .orovide necessary_
sampling and testing of soil and liquids for Buildings J. K. H and the Immokalee Jail Center as
described in.Law Engineering'$ Proposal (it ENV-8-0339RA) under scope of service. LAW
Engineq~ring will Oq:t aS consultant .~roviding closure and sampling reports to the De~artment of
Environmental protection ,5tote of Florida for all .ohases of the project. _
Schedule of Work: Complete work within 100 days frorn receipt of the notice to proceed authorizing
start of work.
Compensation: In accordance with Article 5 and Schedule B and Attachments # I and t, 2 of thc
agreement, thc County will compensate the Finn in accordance with the negotiated lump sum amount of
$ 87.880 . as provided in tile attached proposal or in accordance with thc established hourly ratcls) as
enumerated in Schedule "B' of tile Agreement if specified by the work order.
(Lists all tasks)
Fuel 'Yank Piping Replacement S87,880 (Lump Sum)
$ (Time & Material)
Reimbursables $~
Total Fee $ 87.880
Any change within monetary authority of this v.'0,rk order made subsequent to final department approval
will be considered an additional serv(ce and cha~ed according ~o Schedule "B" of the Agreement.
Prepared By: ,.., f~,.-~-,<_,--'~.'-/'z"_,-%-~.'_.,. Date: .. ,~v2-' "/
(Name & Title)
Reviewed By: i .~ :/.:-'~-~" ~,/~ ' ;~' / Date: ..," -r ..,, .. ,- ·
(Department Director);
Page 2 of 2
Work Order ~ 99-n IA ('ont.
160
Attest as to Chairman's
signature o~ 1.~.
Attest:
Dwight E. Brock
By: .
Board of County Commissioners
Ch~~cla S Mac'ki¢
Approve as to fom~ anti
Legal Sufficiency
Assistam ('om~t~ Allome3
Date:
Cotll~l¢/or
Date:
Attest'
(Corporate Secretary)
By:
By:
(Type Name and Title)
(or)l. Wimcsscs~___~~:i~_ .' _/12) (,i-~.*-v
(Prinl Name)
(Signature)
.¢.,t.."iTZ ~.) ~'. I~L t'( L'
Print Name)