Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
BCC Minutes 09/14/1999 R
September 14, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 14, 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 September 14, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Harold Brown, Lely Presbyterian 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 A. August 3, 1999 - Regular Meeting 1 September 14, 1999 August 6, 1999 - Special Meeting August 9, 1999 - Special Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of September 20-24, 1999 as Industry Appreciation Week. To be accepted by Ms. Susan Pareigis, President, Economic Development Council B. SERVICE AWARDS 1) 2) 3) 4) s) 6) ?) Robert Lester, Parks & Recreation - 20 Years John Augustyn, Water- 15 Years Mike McNees, County Administrators Office - 15 Years James Maulden, Solid Waste- 10 Years Charles O'Bannon, Water - 5 Years Carol Mitchell, Library - 5 Years John Plummer, Jr. EMS - 5 Years C. PRESENTATIONS 1) Recommendation to recognize Barbara DeSmet, Library Assistant I, Library Department, as Employee of the Month for August 1999. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Appointment of members to the Rural Area Assessment Oversight Committees and discussion of the completion schedule for the Rural Area Assessment. 2 September 14, 1999 2) 3) 4) 5) 6) 7) Joan Nunno representing New Hope Ministries requesting a waiver of Temporary Use permit fee for semi-annual sales to be held through March 2002 at 7675 Davis Boulevard, Collier County, Florida. Request for reimbursement of administrative fees assessed for lot mowing services performed on Avalon Estates, Unit 1, Block 5, Lot 4. Request to forgive lien assessed for lot mowing services performed on Lot 3 of Naples Park Unit 1, Block 15. Request for reimbursement of administrative fees assessed for lot mowing services performed on Lot 56 of Marco Beach Unit 23, Block 591. Tourist Agreement for David Shealy for scientific and media expedition to study skunk apes. Refund of road impact fees to Naples Community Hospital. ao PUBLIC WORKS 1) Evaluation of current Immokalee Road Six Lane Improvement Project Drainage and Sidewalk Design; Project No. 69101; CIE No. 08. PUBLIC SERVICES 1) Seeking direction to halt progress on the design of the public golf course and off road motorized vehicle track, and direct staff to prepare a request for proposals for private development of a public golf course. 2) Review counter-offer submitted by Avatar Properties, Inc. for property located adjacent to the Golden Gate Community Center. 3) Approval to award Bid #99-2934, the new Domestic Animal Services Facility, to Professional Building Systems Inc. SUPPORT SERVICES 3 September 14, 1999 ge COUNTY ADMINISTRATOR. AIRPORT AUTHORITY EMERGENCY SERVICES COUNTY ATTORNEY'S REPORT Recommendation to adopt a Resolution declaring a Land Development Code related emergency to permit an additional emergency amendment cycle in order to adopt Land Development Regulations that implements the interim amendments to Collier County's Growth management Plan as ordered by the Administration Commission. Bo Retention of outside counsel for Collier County in lawsuit entitled Dwight E. Brock v. Robinson & Cole, L.L.P. and Collier County, Florida, Case No. 99-2910-CA. 10. BOARD OF COUNTY COMMISSIONERS A. Consideration to increase the membership of the Collier County Community Health Care Ad Hoc Committee and confirm the appointment of a member. B. Appointment of members to the Collier County Airport Authority. C. Confirmation of members to the Select Committee for Community Character and Appearance. D. Appointment of Commissioners to the Value Adjustment Board. E. Discussion of County Administrator's Evaluation Procedure. F. This item has been deleted. G. Appointment of members to the Collier County Planning Commission. H. Appointment of member to the Collier County School Readiness Coalition. I. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. J. Request for approval and payment for Commissioner to attend civic function. K. Appointment of Commissioner to the Naples Airport Authority Noise Compatibility Committee. L. Update from Army Corps of Engineers staff on the Environmental Impact Statement. M. Florida Coalition of Coastal Communities - presentation by Fred Dudley (Commissioner Constantine). N. Discussion of utilizing professional facilitating services for Comp Plan Amendments. 4 September 14, 1999 11. 12. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Request transfer of $848,900 from Reserves for Contingencies to the Sheriff's Office Operating Fund. B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Remedial Amendment CPR-99-1, an ordinance to rescind Comprehensive Plan Amendments found not "in compliance" by the Recommended Order issued by the Governor and the Cabinet on June 22, 1999; to vest certain properties rezoned in activity centers; to correct scrivener's errors in the Golden Gate Area Master Plan and to re-adopt all remaining Evaluation and Appraisal Report based amendments. 2) Remedial Amendment CPR-99-2, transmittal of a Resolution to the Department of Community Affairs for review of Comprehensive Plan Amendments that provide policies to conduct a Rural and Agricultural Assessment; provide for interim development standards; and identify Natural Resource Protection Areas. ZONING AMENDMENTS 1) Petition R-99-06, William L. Hoover of Hoover Planning representing Eugene K. and Krystyna A. Krygier, requesting to change the zoning classification of a property from "E" Estates to "C-l/T" Professional Commercial Transitional District. The subject property is located on the south side of Davis Boulevard approximately one quarter of a mile west of County Barn Road in Section 8, Township 50 South, Range 25 East, Collier County, Florida. This site consists of 3.183 acres. 5 September 14, 1999 Co OTHER 1) 2) 3) An ordinance amending Ordinance 77-51, relating to the condition of public swimming pools and the competence of pool service and maintenance personnel. An ordinance amending Ordinance No. 92-60, as amended, relating to the levy of a 2% Tourist Development Tax and an additional I% tax throughout Collier County pursuant to the Local Option Tourist Development Act, Section 125.0104, Florida Statutes: providing for amendment to Section Three concerning the use of tax revenues to extend the duration of the 1% tax and to change the percentages allocated to beaches and advertising and promotion; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Public Hearing to consider adoption of an ordinance establishing the Mediterra South Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition SV-99-03, Anita K. Brown of Fabulous Faucets, Inc. requesting a 50 foot variance from the required 150 foot road frontage for a pole sign to 100 feet for a property located at 12052 Tamiami Trail North. THIS ITEM WAS CONTINUED FROM THE AUGUST 3~ 1999 MEETING AND IS FURTHER CONTINUED TO THE SEPTEMBER 28~ 1999 MEETING. Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A. representing Gulf Coast Building Association, requesting approval of off-site parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serve the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier County, Florida. 14. B. OTHER STAFF'S COMMUNICATIONS 6 September 14, 1999 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. Ao 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Il) 12) COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Request to approve for recording the final plat of "Carson Lakes", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Addison Reserve" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Santa Rosa at Olde Cypress" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Mallards Landing" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of"Pebblebrooke Lakes Phase 2" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Pelican Lake RV Resort, Phase Two" Approval to assume some of the maintenance responsibility of the drainage easement of Majestic Pines of Willoughby. Assignment Agreement for easement for Pelican Marsh Unit 18 (Bay Laurel Drive) Recommendation to approve Excavation Permit No. 59.710 TTT Tract 119 Commercial Excavation located in Section 4, Township 48 South, Range 28 East: Bounded on the north by vacant lot, on the east by ag, on the west by 46th Street NE R/W and on the south by vacant lot. Recommendation to approve Excavation Permit No. 59.709 TTT Tract 118 Commercial Excavation located in Section 4, Township 48 South, Range 28 East: bounded on the north by vacant lot, on the east by ag, on the west by 46th Street NE R/W and on the south by vacant lot. Recommendation to approve Commercial Excavation Permit No. 59.697, "Cochran Excavation and Homesite" located in Section 31, Township 48 South, Range 28 East: bounded on the north, east, and south by vacant land zoned Estates, and on the west by the main Golden Gate Canal and agricultural land. Recommendation to approve Commercial Excavation Permi~ No. 59.711; "Jim Weeks Commercial Excavation TR 5, U 72" located in Section 28, Township 48 7 September 14, 1999 13) 14) is) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) South, Range 28 East: bounded on the north, east, south, and west by vacant land zoned Estates and on the west by the main Faka Union Canal. Recommendation to approve Commercial Excavation Permit No. 59.702, "56th Ave., NE/Jolly Trucking" located in Section 4, Township 48 South, Range 28 East: bounded on the north, west ,and south by vacant land zoned Estates, and on the east by vacant agricultural land. Memorandum of Agreement with the Southwest Florida Regional Planning Council for Public Transportation Operations Services. Memorandum of Agreement with the State of Florida Commission for the Transportation Disadvantaged. Request the Board set a public hearing date for December 14, 1999 for - consideration of a proposed Development Order and Ordinance for a Development of Regional Impact and PUD rezoning for Petitions DRI-99-1 and PUD-99-23. Approve Tourist Agreements for Naples Community Sailing Center Regatta $6,000; Gulf Coast Runners 20K Race $3,400; Collier County Airport Authority Advertising and Promotion expenses for FY99-00 $77,854.70\ Approve a resolution expanding the physical boundary of the lmmokalee Enterprise Zone pursuant to the Florida Empowerment Zone Act. Approve a resolution endorsing Harvest for Humanity, Inc. as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. Approve a resolution supporting Arthrex, Inc. as a qualified applicant pursuant to s.288.106, Florida Statutes; providing an appropriation of $6,000 as local participation in the Qualified Target Industry Tax Refund Program for Fiscal Year(s) 2000 through 2003; providing for an effective date. Authorization of a 100% waiver of impact fees for one house to be built by Andree R. Volcimus at 1090 Lake Trafford Road, Immokalee, Collier County, Florida. Authorization of a 100% waiver of impact fees for one house to be built by Aliedo Dorvilus and Velina Dorvilus at 5031 17th Place, S.W. Golden Gate City, Collier County, Florida. Approve transfer of the MediaOne group cable television franchise to AT&T Corporation. This item has been deleted. Request to approve for recording the final plat of"Terramar" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Approval of a Budget Amendment transferring funds from 113 Reserves for Fire Plan Review. THIS ITEM HAS BEEN WITHDRAWN. 8 September 14, 1999 28) 29) Request to approve for recording the final plat of"Silver Lakes Phase Two - F" and approval of the performance security. Request to approve for recording the final plat of"Sanctuary Pointe at Sterling Oaks" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. PUBLIC WORKS 1) Approve Change Order Related to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97-2690R, Project 70859/70828. 2) Award a Construction Contract to Bonness, Inc. to Construct the Proposed Intersection Improvements at C.R. 951 and White Boulevard, Project No. 69173, Bid No. 98-2886. 3) Petition TM 95-05 for Neighborhood Traffic Management for Lakewood Boulevard, Boca Ciega Drive and Beechwood Lake Drive. 4) Authorize the Chairwoman to accept the Recycling & Education, Waste Tire, and Litter Control and Prevention Grant Agreements and Authorize the Solid Waste Director to sign the Agreements. 5) Recommendation to Award Three Annual Bids Number 99-2936 - milling of existing asphalt roadway, 99-2940 - asphalt and related items, 99-2942- purchase and delivery of concrete and metal culvert pipe, for Fiscal Year 1999/2000. 6) Award Intersection Improvement Construction Contract under the County's Roadway Contracting Services Contract #98-2905, Immokalee Road-Oil Well Road Intersection Improvements, Project #66065, Work Order #RCS-99-HRB- 01. 7) Recommendation that the Board of Collier County Commissioners approve Lewis Environmental Services, Inc. for Environmental Consultant Services for Clam Bay lnterior Tidal Creeks Phases II & III and Approve the Necessary Budget Amendment. s) Recommendation that the Board of County Commissioners approve the Staff Selection of Firms and Award Agreements with firms for the Fixed Term Mechanical/Electrical Engineering Services (RFP #99-2929). 9) Approve Renewal of the Upland Sand Agreement with Bonita Grande Sand Company and Authorize Payment of the Annual Stockpiling Fee. lO) Approve Two Resolutions Authorizing the County Administrator to Execute a Highway Beautification Grant Application and Attendant Agreements with the Florida Department of Transportation for East U.S. 41 Landscape Improvements. 11) Award a Contract to Native Technologies, Inc. for Phase Ifil of the County- Wide Australian Pine Removal Project, Bid No. 99-2982. 9 September 14, 1999 12) 13) is) 16) ~7) 18) Approve Amendment 1 to a Professional Services Agreement for Engineering Services during Construction of County Utility Relocations in Conjunction with U.S. 41 Widening from Myrtle Road to Old U.S. 41, Projects 70047, 70048, and 73048. Authorize Water Director to Accept Department of Environmental Protection Settlement Offer. Approve Work Order PWED-DH-09 to D.N. Higgins, Inc. for Construction Services to Relocate a 30-1ach Raw Water Valve near White and Weber Boulevards. Consideration of a Budget Amendment for the Purchase of Furniture and Equipment for Expanded Office Space, and Hand-Held Radios for the Traffic Operations Section. Award Bid #99-2972 - "Immokalee MSTU/MSTD Roadway Grounds Maintenance." Approve Budget Amendment to Amend the South County Regional Wastewater Treatment Facility State Revolving Fund Loan Budget. Request Board Approval to Waive Landfill Tipping Fees for the Coastal Clean- Up Project. Co PUBLIC SERVICES l) Acceptance of Library Long Range Plan in order to qualify for FY 2000 Library Operating Grant (State Aid to Libraries), administered by the Florida Department of State, Division of Library Information Services, and permission for Chairwoman to sign application. 2) Approval of a budget amendment recognizing the $58,581 Grant from the Gates Learning Foundation. 3) Approval of agreement for the 1999-00 funding contribution to the David Lawrence Mental Health Center, Inc. 4) Approval of a contract between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District Twenty Medical Examiner. 5) Approve agreements for sale and purchase for additional property needed to complete the future North Naples Regional Park. 6) Approval of a Limited Use License Agreement with the Naples Italian American Club, lac. for use of County-owned land for parking. 10 September 14, 1999 7) s) 9) 1o) 11) 12) Award of Bid #99-2946 to re-sod and renovate a soccer/football field at Golden Gate Community Park. Approve budget amendment for Summer Food Service Program. Approve agreement with performers for Country Jamboree. Approve a Change Order for Eagle Lakes Community Park project. This item has been deleted. Approve a budget amendment to fund the previously approved Naples Beach Ends project. Do SUPPORT SERVICES l) Recommendation to Change the Invoice Provision in Contract No. 96-2488, On- Call Roofing and Inspections Services. 2) Approve a Budget Amendment to Appropriate the Maintenance Service Revenues for Reimbursement of Operating Expenses. 3) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 4) Authorization by the Board of County Commissioners as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Goodland Water District, and the Marco Water and Sewer District, Approving the Special Assessment Hardship Deferrals for Certain Sewer Special Assessments for the 1999 Tax Year. s) Acceptance of Proposal from Douglas N. Higgins, Inc., under Contract, to lnstall a Lift Station and Force Main at the Collier County Maintenance Facility on County Barn Road. 6) Adopt a Resolution Authorizing the Acquisition by Gift or Purchase of Certain Interests by Easement and/or Fee Simple Title for Livingston Road between Vanderbilt Beach Road and Pine Ridge Road CIE No. 58. 7) Approve and Execute a First Amendment to Agreement to Provide for a Six (6) Month Extension in Order to Utilize Funds from the GAC Land Trust to Construct Rural Safety Refuge Facilities within Golden Gate Estates. 8) Execute Affidavit of No Objection for the Florida Department of Environmental Protection Concerning the Barge at Goodland Bridge. 11 September 14, 1999 9) Recommendation to Award Two (2) Annual Bids, Number 99-2943 and 99- 2944. 10) 11) Renewal of the Contract Between Florida Employers Insurance Service Corporation ("FEISCO") and Collier County. Renewal of the Contract with Cramer, Johnson, Wiggins and Associates for Property and Casualty Insurance Adjusting Services. COUNTY ADMINISTRATOR Ratification by the Board of County Commissioners of consent/emergency items approved during the Board's absence. A. Award RFP 99-2952 for tennis and basketball court resurfacing. B. Budget amendment report - budget amendments #99-383, 099-394, #99-398 and #99-401. C. Approve Bid #99-2964 - Lely Golf Estates beautification MSTU roadway grounds maintenance. D. Award Bid #99-2956 - Airport-Pulling Road grounds maintenance service. E. Recommendation that the Board award Bid #99-2941 for the purchase and delivery of pine straw mulch to Custom Pine Straw, Inc. F. Approve a budget amendment for the Eagle Creek master pump station and force Main project No. 73057. G. Award Bid #99-2954 for emergency and scheduled sewage hauling. H. Approve a budget amendment for Pathways Project 69081. I. Approve budget amendment to recognize revenue (from tower lease at Vineyards Community Park). 12 September 14, 1999 2) 3) Jo Approve budget amendment to fund the previously approved Naples Landing Project from Fund 306-919010-99100 to Fund 306-156314- 881400. Ko Approve budget amendment to recognize revenue (insurance proceeds from claim of vandalism of trailer at South Park, lmmokalee). Approval of a sublease agreement with South Florida Water Management District and GTE Wireless of the South, Inc. Approval for sole source purchasing of 800 MHz radio equipment and services. N. Approve budget amendment to Fund 517, Group Health Insurance. Award Bid No. 99-2953 for the purchase of personal protective equipment. P. Budget amendment report - budget amendment #99-399 and #99-413. Q# Board approval for a modification to Work Order RCA-98-BR-01 with Better Roads, Inc. for the construction of Shadowlawn Dr. and Davis Blvd. intersection improvements - Project No. 69183. Re Budget Amendment Report - budget amendment 099-418, #99-423, #99- 395, #99-412 ) Approve request for County Administrator to attend Menninger Leadership Conference. Budget Amendment Report - Budget Amendment #99-431. BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES 1) Approve an interlocal agreement between the North Naples Fire Control and Rescue District and Collier County. 2) Agreement approval between Collier County and the State of Florida Department of Community Affairs for the review and update of hazard analysis at facilities possessing extremely hazardous substances at or above the threshold planning quantity within Collier County. 3) Modification of local mitigation strategy contractual agreements between Collier County and the Cities of Everglades City, Marco Island and Naples. 4) Approval of Work Order No. BSW-FT-99-4 for architectural and engineering services for the design of an Emergency Medical Services and future Sheriff's Office Facility to be located in Golden Gate Estates. 13 September 14, 1999 s) 6) ?) s) Approve Budget Amendment to purchase a 1991 S-10 Chevrolet Blazer, 1994 Ford Bronco and Improvements. This item has been deleted. Approve the resolution, County Grant Application and the Grant Distribution Form for EMS medical equipment. Execute contractual agreements with the East Naples and Golden Gate Fire Control and Rescue Districts for fire and rescue services within the Collier County Fire Control District. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing Chairwoman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 82-658- CFA and 92-484-CJA 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the use of confiscated trust funds to help support the cost of crime prevention materials. 2) Recommend that the Board of Commissioners endorse the U. S. Department of Justice COPS MORE '98 Grant 28 C.F.R. Part 23 certification form. Jo 1) COUNTY ATTORNEY A Resolution authorizing the proper officials of the county an.d state to cancel the tax lien certificates held by Collier County on properties owned by the United States Government and located within the Big Cypress Preserve pursuant to Section 196.28, Florida Statutes. 14 September 14, 1999 2) 3) 4) Recommendation that the Board approve a Continuing Retention Agreement for legal services on an "as needed" basis with the law firm ofNabors, Giblin & Nickerson, P.A., to meet County Purchasing Policy contract update requirements. Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to make a loan to Community Healthcare, Inc. (Naples Community Hospital) pursuant to a Master Financing Agreement approved by the Authority and the Board of County Commissioners in August, 1997 for the purpose of financing the purchase by the hospital of certain medical and other equipment used by the hospital in its health care operations. Recommendation to approve a Legal Services Agreement with Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. as legal counsel to represent County relating to County's interest in the Naples Beach Restoration Project. Ko l) AIRPORT AUTHORITY lmmokalee Regional Airport Conservation Easement. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Ao Approval of a Resolution Approving the Preliminary Assessment Roll as the Final Assessment Roll and Adopting Same as the Non-Ad Valorem Assessment Roll for Purposes of Utilizing the Uniform Method of Collection Pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. I Municipal Service Benefit Unit Special Assessment Levied Against Certain Residential Properties Within the Unincorporated Area of Collier County Pursuant to Collier County Ordinance 90- 30, As Amended. Bo Approval of a Resolution Approving the Preliminary Assessment Roll as the Final Assessment Roll and Adopting Same as the Non-Ad Valorem Assessment Roll for 15 September 14, 1999 Co / E. Purposes of Utilizing the Uniform Method of Collection Pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment Levied Against Certain Residential Properties Within the Unincorporated Area of Collier County Pursuant to Collier County Ordinance 90- 30, As Amended. Petition PUD-96-10(2) William L. Hoover, AICP, representing the Reverend David Mallory, requesting and amendment from "A' Rural Agriculture and "PUD" Planned Unit Development to "PUD", by increasing the acreage by 10.3 acres from 68.8 acres to 79.1 acres, for a mixed-use residential and religious development to be known as The First Assembly Ministries Education and Rehabilitation Campus PUD, on property located at the northeast corner of the intersection of CR-951 and The Lord's Way, in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 79.1 + acres. THIS ITEM WAS CONTINUED FROM THE AUGUST 3~ 1999 MEETING AND IS FURTHER CONTINUED TO THE SEPTEMBER 28~ 1999 MEETING. Petition PUD-98-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation requesting a rezone for lands zoned "A' Rural Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental facilities including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 11 lth Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 +acres. THIS ITEM WAS CONTINUED FROM THE AUGUST 3~ 1999 MEETING AND IS FURTHER CONTINUED TO THE OCTOBER 12, 1999 MEETING. Petition PUD-98-20, William L. Hoover, AICP, representing Gulf Sun Corporation, requesting a rezone form "A" to "PUD" to be known as Whippoorwill Lakes PUD, a residential development not to exceed 518 dwelling units, on property located approximately ¼ mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85 + acres. Petition R-99-5, Thad Kirkpatrick of Cummings & Lockwood, representing Quail Creek Country Club, Inc., requesting a rezone from "RSF-2" to "GC' Golf Course for a golf course maintenance facility for property located at 4400 Pond Apple Drive, further described as Outiot A, Quail Creek Unit Two, in Section 17, Township 48 South, Range 26 East, Collier County, Florida, consisting of 3.179 +/- acres. Petition CU-99-13, Terrance L. Kepple of Kepple Engineering, Inc., representing Edward Reddish requesting Conditional Use "14" of the Industrial Zoning District to allow for a refuse and recycling facility for property located on the north side of Progress Avenue and approximately 1,000 feet west of Industrial Boulevard within the Naples Production Park, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. THIS ITEM HAS BEEN DELETED. Petition SNR-99-01, Stephanie Yonge, requesting a street name change from Waterloo Road to Waterloo Court, located in Waterways of Naples Unit 2, in Section 14, Township 48 South, Range 27 East. Petition SNR-99-02, Jeffrey A. Nunner, representing the V Group of Florida, Incorporated, requesting a street name change from Napa Boulevard to Cleveland 16 September 14, 1999 ge Mo No Clinic Boulevard, located in Vineyards Subdivision in Section 8, Township 48 South, Range 26 east and in Golden gate Estates Subdivision. Petition SNR-99-03, Tom Masters, representing Vineyards Development Corporation, requesting a street name change from Terra Via Court to Terracina Court, located in Terracina in the Vineyards PUD, in Section 5, Township 49 South, Range 26 East. Petition SNR-99-4, Michael J. Landy, representing Butler Engineering, requesting a street name change from Waterways Boulevard to Grand Rapids Boulevard, located in Waterways of Naples Subdivision, in Section 14, Township 48 South, Range 27 East. Petition VAC 99-008 to vacate the 20' wide lake maintenance easement on Lots 106, 130, 131,133, 134, and 135 and to accept a 20' wide lake maintenance easement as a replacement easement and to vacate the 15' wide drainage easement on Lots 124, 125, 141, and 142 and to accept a 15' wide drainage easement as a replacement easement, all according to the Plat of "Glen Eden, Phase One", as recorded in Plat Book 29, Pages 86 and 87, Public Records of Collier County, Florida, located in Section 9, Township 48 South, Range 25 East. Petition CCSL-99-2, Coastal Engineering Consultants, representing the Collier County Board of Commissioners, requesting a Coastal Construction Setback Line variance to allow for construction of additional decking, located at Clam Pass County Park Beach Facility, Pelican Bay Planned Unit Development (see exhibit A for Legal Description), Section 5, Township 49 South, Range 25 East, Collier County, FL. Community Development and Environmental Services Division requesting approval of an Ordinance amending Ordinance Number 81-91 Summerwood PUD, to correct a scriveners error providing that existing exotic vegetation may not be removed from the required buffer for property located within the Summerwood PUD, location on the south side of Radio Road. Approval of an Ordinance amending Ordinance 99-46 Land Development Code Amendments to correct a scriveners error due to the omission of an amendment to facilitate off-site parking duly heard and approved at a Public Hearing on June 16, 1999. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 17 September 14, 1999 September 14, 1999 Item #3 REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We'll call to order the Board of County Commissioners' meeting for September 14th, 1999. We're happy this morning to have Reverend Harold Brown from Lely Presbyterian Church to lead us in the invocation. And if you'll stand for that, we'll have the pledge after. REVEREND BROWN: Our Father, we're so grateful that you create the winds and the rains, and sometimes we need that nourishment so badly. But we don't need quite as much wind and rain as you have forecast for our friends and relatives on the East Coast. We pray for everyone on the coastline of the United States and Canada and we pray that you would somehow or another, as you have in the past, protect all of your children from undo harm. We can't understand why things are allowed sometimes in your plan, but we sure do thank you that you bless us with a confidence and a hope and a security of knowing that our personal day is a gift from you, and we're going to make the best of it. So bless all of those in harm's way and may they be safe. And we pray that as we have many guests in our town this weekend, that you would allow your hospitality and love to shine forth through all that we are and all that we hope to be, through your grace. Amen. (Pledge of allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Thank you, Reverend Brown. A couple of changes to the agenda this morning. MR. FERNANDEZ: Yes, Madam Chairwoman. Before I mention any of the others, I'd like to ask that the board give consideration to Ken Pineau, to make a very brief presentation on where we stand with respect to the storm and some recommendations on the length of today's meeting. CHAIRWOMAN MAC'KIE: Wonderful. Looks sort of like Gary Arnold but -- ah, there's Ken, okay. Good morning. MR. PINEAU: Without Gary, there'd be no presentation. CHAIRWOMAN MAC'KIE: Well, we're used to it. We know his role. MR. PINEAU: Good morning, commissioners. For the record, my name is Ken Pineau, the emergency management director for the county. Things are starting to look a little bit better now. The storm between 5:00 and 8:00 this morning has started to move in a northwest-ward course. And at the present time it's located about 330 miles east-southeast of Naples. We're expecting the closest point of approach to occur about 2:00 this afternoon. At that time, it should be about 200 miles directly east of Naples. Then it should continue on a northwest-ward movement. The forecast has it making landfall up around the Buford, South Carolina area. This would be late on Thursday, actually. And as it will continue rapidly up along the Appalachians. It's a very large storm. The -- as you can -- it's not working. CHAIRWOMAN MAC'KIE: .As you'll soon be able to see. Katie, turn on the -- oh, they're trying. Page 2 September 14, 1999 MR. PINEAU: The wind field for the tropical storm force winds are 400 miles across. It's a tremendously large storm. The hurricane force winds are about 165 miles across. The sea level pressure went up a couple of millibars over the last six hours, so they've downgraded the maximum winds to 150 miles an hour right now. It looks like the storm should stay off the East Coast. The closest point, I believe, along the peninsula of Florida will occur late tonight up around the Palm Beach County area. And that should be 60 miles east of Palm Beach County if this track is on. In fact, the National Hurricane Center, I think, has done a great job of forecasting it. It's right on the money right now. It's forecasted to make that northwesterly turn and it looks like that's what's going to happen. Right now the only things that we're concerned with here in Collier County, there's no evacuations, no shelter opening for our residents. We are planning on opening up Barron Collier High School for the residents of the East Coast counties. We've had hundreds of people last night sleeping in cars on the side of the road, and this might occur again tonight. So we hope to open up Barron and the two gyms up there beginning somewhere between 10:00 and 11:00 this evening -- I'm sorry, 10:00 and 11:00 this morning. And we'll go from there. The onset of the tropical storm force winds looked like it's going to occur somewhere around 4:00 this afternoon. That was one of the reasons why we canceled school today. In the Everglades City/Immokalee area, it could occur a couple of hours prior to that. And we decided because of the high-profile vehicles that they had there, that it was a prudent thing to do to cancel schools, at least for the eastern part of the county. And Dr. White decided to do it for the whole county, and I have no problem with that. CHAIRWOMAN MAC'KIE: Neither did my kids this morning. MR. PINEAU: Yeah. I think we talked to every kid in the Collier County area. But as you can see from the wind field, it should hug the coast. As I said, right now it's about 330 miles almost due east of us right now. It's on a heading of about 100 degrees from Collier County. Still having a little problem, but -- COMMISSIONER BERRY: That's the eye. CHAIRWOMAN MAC'KIE: That's a good picture there. MR. PINEAU: We're looking for the onset of the tropical storm force winds beginning at about 4:00 this afternoon. But they could continue off and on throughout the evening and even during the early morning hours tomorrow. The official forecast is for about 16 hours of tropical storm force winds here. That's not enough to open up shelters for mobile home residents. I think that would be in the 40 to 45 mile an hour range as a maximum wind. So we're not anticipating any emergency protective action for our residents. It's just that we've got to shelter the folks that are over here from the East Coast. As Mr. Thurion can attest, virtually every hotel in Collier County is full. It's jam-packed right now. And I'm sure a lot of those -- we could have used another three or 4,000 rooms last night. CHAIRWOMAN MAC'KIE: Oh, great. MR. PINEAU: With that, are there any questions? Page 3 September 14, 1999 CHAIRWOMAN MAC'KIE: What I'm hearing is the bottom line is somewhere between 2:00 and 4:00, depending on where you are in the county, tropical force -- MR. PINEAU: Storm force winds. About 40 miles an hour or slightly greater than that. CHAIRWOMAN MAC'KIE: And that could last up to 16 hours. MR. PINEAU: Yes. One other thing. I talked to Judge Baker, and he has a fairly heavy court case residence of -- up in the Immokalee area, and they may be cancelling court early this afternoon. They haven't made that decision yet. CHAIRWOMAN MAC'KIE: You had a recommendation to us about how long this meeting should last, too, I think. MR. PINEAU: Yes. I think that because of the onset of the tropical storm force winds, looks like 4:00 should be the drop-dead date. CHAIRWOMAN MAC'KIE: So to speak. MR. PINEAU: So to speak. CHAIRWOMAN MAC'KIE: Is that -- MR. FERNANDEZ: Or sooner. CHAIRWOMAN MAC'KIE: Yeah, sooner would be fine. COMMISSIONER CARTER: Some sort of a message, I think. COMMISSIONER BERRY: That's not real funny, you know. CHAIRWOMAN MAC'KIE: Bob, is the courthouse shut down at 4:00 or we're just ending this meeting at 4:00? MR. FERNANDEZ: We're recommending that you end this meeting at 4:00. CHAIRWOMAN MAC'KIE: Okay. All right. Any other questions, board members? If not, thank you very much. MR. PINEAU: Okay, thank you very much. CHAIRWOMAN MAC'KIE: Looks like your prayers are working there, Reverend Brown. Changes to the agenda. MR. FERNANDEZ: Okay, Madam Chairwoman. The changes that we have for today's meeting, the first is to withdraw Item 8(B) (1). This is the evaluation of the current Immokalee Road six-lane improvement project drainage and sidewalk design. Project No. 69101, CIE No. 08. Commissioner Mac'Kie's request. CHAIRWOMAN MAC'KIE: Let me just tell you that that's one that there's some private movement to try to come up with a better design out there. Going to try to get staff more included in that process at this point is the reason for a little bit more delay, so I know that it's very time sensitive. MR. FERNANDEZ: The next item is to withdraw Item 10(L), the update from Army Corps of Engineers' staff on the Environmental Impact Statement. Commissioner Mac'Kie request. We understand that the Corps of Engineers' staff are not able to attend due to the storm and their requirements elsewhere. The next item is to move Item 17(J) to 12(C) (4) . That's moving from the summary agenda to the public hearing agenda. We've received on this one a request -- or a letter of objection which disqualifies it for consideration under the summary agenda. This is Petition SNR-99-02. Street name change from Napa Boulevard to Cleveland Clinic Boulevard. Page 4 September 14, 1999 We had advertised that certain items on today's agenda be held at a time certain. Items 12(A) (1) and 12(A) (2) will be heard at 9:30. Time certain. This is a remedial amendment CPR-99-1, an ordinance to rescind comprehensive plan amendments found not in compliance by the recommended order. CHAIRWOMAN MAC'KIE: Bob, is that -- it looked to me like if we do that, we have 12(A) (1), 12(A) (2) and 8(A) (1) . And that pretty much covers all of the comp. plan issues that are on the agenda. It looked like you'd just hear them all at once if we moved 12(A) (1) and (2). Is there anything else on there that ought to be heard together? I got it? Okay. My item. MR. CAUTERO: 10(N). COMMISSIONER CARTER: 10(N). And you've got 12(A) (1) and (2) that all fall in that. CHAIRWOMAN MAC'KIE: Yes, 12(A) (1) and (2) will be at 9:30. And then after that will be 8(A) (1), because it will normally come up there. And then the facilitator question ought to come in at the same time as the discussion about the committees. So we'll just do all of that right at the beginning. Okay? MR. WEIGEL: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. WEIGEL: There is one other time which we would request be handled today, I know with the shortened meeting time. And for the record, Marjorie Student will identify that item. It doesn't have to be heard when these are, but it should be heard today as a component. CHAIRWOMAN MAC'KIE: Okay. MS. STUDENT: For the record, Marjorie Student, Assistant County Attorney. It's Item 9(A) regarding a Land Development Code related emergency. And this would allow us to have an extra amendment cycle to our Land Code to do the ordinance that is implementing the plan amendments that you are going to hear today. CHAIRWOMAN MAC'KIE: Okay. MS. STUDENT: And set a schedule. CHAIRWOMAN MAC'KIE: If you'll help us, Bob, get all of that -- MR. FERNANDEZ: Okay. CHAIRWOMAN MAC'KIE: -- those issues at once, that would be great. MR. FERNANDEZ: Sure, we'll do that. Madam Chairwoman, the only other item you have is to clarify and correct Item 10(G). This will include appointments to the Collier County Planning Commission for Districts 1, 2, 3 and 4. I believe the original executive summary only included two, 1 and 2 of the districts. CHAIRWOMAN MAC'KIE: And that's basically at the discretion of the commissioners whose districts are here. It just so happened that the applications got in in time that we could include it all today. If not, we can do it in two weeks. So we'll look at that when we get there. MR. FERNANDEZ: That completes our list, Madam Chairwoman. CHAIRWOMAN MAC'KIE: I need to register an abstention on 16(A) (5). It's a plat for a client of mine. Any other changes? Mr. Weigel? Page 5 September 14, 1999 MR. WEIGEL: Just a note for the record. And that is on Item 17(O) under the summary agenda, that in your approval of that item, that takes into account scrivener reformatting, for scrivener error, which is not stated on the sheet itself. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: I have one quick item, take 30 seconds, in regard to giving staff direction to work with some individuals interested in a road name change. CHAIRWOMAN MAC'KIE: So that will go where? COMMISSIONER BERRY: I would I think under BCC. MR. FERNANDEZ: Add that to the end of our list there. CHAIRWOMAN MAC'KIE: 10(0)? MR. FERNANDEZ: It would be 10(O). COMMISSIONER CONSTANTINE: And what are we calling that item? CHAIRWOMAN MAC'KIE: Street name change, Commissioner Berry. Anything else, Commissioner? COMMISSIONER BERRY: No, that's all. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: I've had a request to remove 16(B) (3) from the consent agenda. CHAIRWOMAN MAC'KIE: Okay, that will become 16(B) (2) -- I mean 8(B) (2)? Well, (B) (1) is withdrawn. COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: of County Commissioners. What number, John, is this going to be? 16 (B) (3) . Is that the Lakeland -- Yeah. 16 (B) (3) . Anything else, John? No. Commissioner Carter? I have one item. It would be under Board I had a request to give staff direction to give us an estimate of a reconnect on Vanderbilt Beach Road between Pelican Bay waters and the Vanderbilt Beach waters. And all we're asking is we need an estimate of engineering costs. And that's all that I would need then under Board of County Commissioner direction. CHAIRWOMAN MAC'KIE: That will be 10(P), as in Pam. How about you, Commissioner Constantine? COMMISSIONER CONSTANTINE: Two items from the consent agenda. 16(A) (23), which was the Media One transfer, will become 8(A) (8). COMMISSIONER NORRIS: What was that number again? COMMISSIONER CONSTANTINE: 16(A) (23) . And 16(B) (15), furniture and equipment. 8(B) (3), I think that becomes. CHAIRWOMAN MAC'KIE: 16(B) (15) becomes 8(B) (3) . And it has to do with the furniture and equipment. Okay, I don't have any other changes. Could I get a motion on this agenda? COMMISSIONER BERRY: Go back, Tim, to 16(A) (23) is going to become what? COMMISSIONER CONSTANTINE: 8(A) (8) . COMMISSIONER BERRY: 8(A) (8). COMMISSIONER CONSTANTINE: Say that three times fast. COMMISSIONER BERRY: Gotcha. Page 6 September 14, 1999 CHAIRWOMAN MAC'KIE: Okay? COMMISSIONER NORRIS: I make a motion that we approve the regular agenda, the consent agenda and the summary agenda, with changes as noted. COMMISSIONER BERRY: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Second. Second. Ail in favor, say aye. Passes unanimously. Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING SEPTEMBER 14, 1999 WITHDRAW: ITEM 8(B)(1) - Evaluation of current Immokalee Road six lane improvement project drainage and sidewalk design; Project No. 69101; CIE No. 08 (Commissioner Mac'Kie). WITHDRAW: ITEM 10(L) - Update from Army Corps of Engineers staff on the Enviromnental Impact Statement (Commissioner Mac'Kie). MOVE: ITEM 17(J) TO 12(C)(4) - Petition SNR-99-02, street name change from Napa Blvd. to Cleveland Clinic Blvd. - Vineyards Subdivision. (Staff's request). NOTE: ITEMS 12(A)(1) AND 12(A)(2) WILL BE HEARD AT 9:30 AM TIME CERTAIN: 1) Remedial amendment CPR-99-1, an ordinance to rescind Comprehensive Plan Amendments found not in compliance by the recommended order; 2) Remedial amendment CPR-99-2 transmittal of a resolution to the DCA for review of Comprehensive Plan Amendments that provide policies to conduct a rural and agricultural assessment. CORRECT ITEM 10(G) TO INCLUDE: Appointment of members to the Collier County Planning Commission for districts 1, 2~ 3 & 4 {BCC Office}. September 14, 1999 Item #4 MINUTES OF AUGUST 3 REGULAR, AUGST 6 SPECIAL AND AUGUST 9 SPECIAL MEETINGS - APPROVED AS PRESENTED Got some minutes? COMMISSIONER BERRY: Approval of the minutes of August 3rd, August 6th, special meeting, '99, August 9th, special meeting. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Is there a second? Second. Ail in favor, say aye. Passes unanimously. Item #5A1 PROCLAMATION PROCLAMINING THE WEEK OF SEPTEMBER 20-24, 1999 AS INDUSTRY APPRECIATION WEEK - ADOPTED 1999, Commissioner Constantine has a proclamation. COMMISSIONER CONSTANTINE: Is Susan Pareigis with us this morning? Apparently not. Is anybody representing the EDC here? Mr. Mihalic, how are you? MR. MIHALIC: Good morning, commissioners. I guess I'll stand in for the EDC this morning. COMMISSIONER CONSTANTINE: Thanks. We have the following proclamation. WHEREAS, industry in Collier County is vital to the community's economic health, and Collier County's existing industries are the key to a prosperous future; and WHEREAS, the Economic Development Council of Collier County, through the public/private partnership for economic prosperity with the Collier County Board of Commissioners works to create additional economic opportunity in Collier County through the retention and expansion of high-wage jobs in targeted industries; and WHEREAS, 80 percent of new jobs created will come from existing industry in Collier County; and WHEREAS, Collier County's industries help sustain our quality of life and exemplify high standards of excellence and a positive, responsible approach to economic diversification and community enhancement; and WHEREAS, the EDC of Collier County and the Collier County Board of Commissioners salute local businesses for making Collier County a desirable place to live and work. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of September 20th through 24th, 1999 be designated as Industry Appreciation Week, and we urge all residents to salute our industries and their employees for their contributions to our community. DONE AND ORDERED THIS 14th day of September, 1999, Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. Page 8 September 14, 1999 Madam Chair, I'd like to move approval of this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. MR. MIHALIC: Thank you, commissioners. (Applause.) COMMISSIONER CONSTANTINE: Thanks, Greg. Page 9 P R O ¢" L ,4 ~ff ,4 T 2' O N $£p 'l ~ 1999 H/HERE4$, indust~/ in Colliee County is vital to the community's economic~ health and Colli~ County's existing industries ar~ the key to a l~ospomus future; and. the &onomJc D~velopment Council of CollJee County. through the publJc/pt.ivate pat.tnet.ship fat. economic p~osl~e~ity with the CollJet. County' Board of Commissionet.s. wot.ks to c~ate additional economic oppot.tunity Jn Collie~ County through the r~tentJon and ~7~nsiun of high wa~e jobs in ta~ted indusl~Jes; and. H/HET~EA$. eighty pe~ent of the new jobs c~eated will come fr~m existing industry//~ ~o~/Je~ ~;~ty; and, CollJe~ County's indus,/es help sustain ou~ 9uality of life and exemplify high standards of excellence and a positive, r~sponoible appr=och to economic d/vet.s/f/catiun and community enhancement; 14/HEREA$, the mak/ng County and the sa/ute local p/ace to live crud NOW of tot. sa/ute out' the/~ employees DONE AND COUNTY COLL. FER COUNTY, ELO~DA September 14, 1999 Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRWOMAN MAC'KIE: Okay, Commissioner Berry has our service awards for today. COMMISSIONER BERRY: Yes, I do. And we're going to start off with those with five years of service to Collier County. And our first individual is Charles O'Bannon with the water department. Charles? (Applause.) COMMISSIONER BERRY: Next fs Carol Mitchell with our library system, five years. Carol? (Applause.) COMMISSIONER BERRY: Next, celebrating five years of employment is John Plummer, Jr., with our EMS department. John? (Applause.) COMMISSIONER BERRY: Now we move up to the individuals who have been here most of their life. Our first individual is John Augustyn, who has been with us in the water department. John? (Applause.) COMMISSIONER BERRY: 15 years. Thank you so much. And our next 15-year employee, known to many of us on a very personal basis, is our own Mike McNees. (Applause.) COMMISSIONER BERRY: And last, but not least, Robert Lester, for 20 years with Parks and Recreation. (Applause.) COMMISSIONER BERRY: That concludes our list. CHAIRWOMAN MAC'KIE: Okay, thank you. Do you have something? Oh, thank you. Mr. Fernandez reminds me to announce that if you're here on any items that are on the consent agenda, which is anything that begins with the No. 16 -- COMMISSIONER BERRY: Unless they have been pulled off. CHAIRWOMAN MAC'KIE: Unless they were pulled here at the beginning. Or if you're here on anything that was on the summary agenda -- MR. FERNANDEZ: 17. CHAIRWOMAN MAC'KIE: -- which is anything that begins with the number 17, unless we discussed those at the beginning and pulled them off the consent agenda, your items have been approved and you don't need to spend any more of your valuable time here with us. Item #5C BARBARA DESMET, LIBRARY ASSISTANT I, LIBRARY DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR AUGUST 1999 We're going to now get to see our employee of the month, who is Barbara DeSmet, if she'll come forward. (Applause.) Page 10 September 14, 1999 CHAIRWOMAN MAC'KIE: If you come up here, we have something I just want to get to read about you. And face the camera. I know, but we appreciate you. Barbara has been with the library department since 1996. In that time, she has created and updated computerized forms in Excel for the Vanderbilt Beach branch library, including children's programming statistics and the monthly door count, to name a few. The forms she's created have saved countless hours of staff time and have been so effective, they are being used by other branch libraries. Barbara also maintains a database of all current library volunteers. Always the first to help out whenever she can, it is not uncommon to find Barbara in the library nearly every Sunday on her own time to empty the book drop. She excels in customer service and often receives words of praise from library patrons. Barbara is a self-starter who requires little supervision, and is truly deserving of being named Collier County's Employee of the Month for August. Barbara, we have a letter for your file, we have a plaque to show our appreciation, and a small check, and our thanks. (Applause.) Item #8A3 REIMBURSEMENT OF ADMINISTRATIVE FEES ASSESSED FOR LOT MOWING SERVICES PERFORMED ON AVALON ESTATES, UNIT 1, BLOCK 5, LOT 4 - DENIED CHAIRWOMAN MAC'KIE: Okay, actually, we've got five minutes before 9:30, and so I wonder if -- COMMISSIONER BERRY: Take a break. CHAIRWOMAN MAC'KIE: -- well, if we could hear Items 8(A) (3), (4) and (5). Because Ms. Arnold, who's going to present those, they should be brief items, and they -- she had a little accident at home and needs not to be here and is here. So maybe we could get those done before 9:30. So we'll do 8(A) (3) . MS. ARNOLD: Thank you. For the record, Michelle Arnold, code enforcement director. 8(A) (3) is a request for reimbursement of the administrative fees of a lot mowing assessment. And this is at the request of the property owner. And staff is recommending denial because we did provide good service. And there's no cause for the board wanting to waive those fees. COMMISSIONER CONSTANTINE: Frankly, on all three of these, while there were some tough circumstances with a couple of these folks, their responsibility still is to take care of the property they own, and they didn't, so the county had to go do it. So I'm going to make a motion that we deny the item. CHAIRWOMAN MAC'KIE: Are there any -- COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Thank you. Are there any registered speakers on 8(A) (3)? MR. FERNANDEZ: No. CHAIRWOMAN MAC'KIE: Any discussion? There's a motion and a second. All in favor, please say aye. Opposed? Page 11 September 14, 1999 (No response.) CHAIRWOMAN MAC'KIE: Item #8A4 That passes unanimously. FORGIVENESS OF LIEN ASSESSED FOR LOT MOWING SERVICES PERFORMED ON LOT 3 OF NAPLES PARK UNIT 1, BLOCK 15 - DENIED 8 (A) (4) ? MS. ARNOLD: 8(A) (4) was again a request to forgive the entire lot mowing assessment and -- CHAIRWOMAN MAC'KIE: Pretty much the same circumstances -- MS. ARNOLD: Yeah, for -- CHAIRWOMAN MAC'KIE: -- as 8(A) (3). MS. ARNOLD: -- all three of them. CHAIRWOMAN MAC'KIE: Are there speakers -- I'm so sorry, excuse me, ladies, just for one second. Do we have speakers on any of those three, 8(A) (4) and 8(A) (5)? MR. FERNANDEZ: No, I think they're here for 8(A) (2). CHAIRWOMAN MAC'KIE: 8(A) (3)? MS. ARNOLD: Oh, okay. That was the first one. CHAIRWOMAN MAC'KIE: Yes, ma'am, I'm -- MR. FERNANDEZ: She didn't know to send in a form is what she's explaining to me, and did want to speak on 8(A) (3). CHAIRWOMAN MAC'KIE: The board's already voted, though, ma'am, and I don't -- it was a unanimous vote. I don't think there's any possibility there's going to be a change there. David, would I be in any kind of due process trouble if we -- do you have a recommendation? MR. WEIGEL: No, due process, no. You could do reconsideration to bring it back up, but then that takes it into another meeting time as far as that's concerned. COMMISSIONER CONSTANTINE: Madam Chair, just a suggestion, as a courtesy to her, if she has the item and she's here, let's let her speak. I won't make a motion to reconsider until after I've heard it. And then if we're convinced, then we can deal with that issue. CHAIRWOMAN MAC'KIE: That's a nice way to deal with it. I appreciate that. So please, ma'am, come forward. We'll go back to 8(A) (3) and hear your comments and then go back to the others. Tell us who you are, please, ma'am, for the record. MS. TORRES: I'm Delores Torres. She's Florence Simbrano (phonetic). And she's the one that owns the lot. Now she never got that letter that you guys sent to her. If she would have gotten the letter saying her property needed to be cleaned off, she would have cleaned it off. But all the other lots around there are not cleaned off. Why was she the only one picked out of the whole lot there to clean off her property? And her property is mostly clean compared to the other ones that are around. COMMISSIONER CONSTANTINE: You know the question -- I used to sit on the Code Enforcement Board before I was on the Commission and the question we used to ask is, if a police officer pulls you over for going 75 in a 50 mile an hour zone and you say everybody else was going 75, you're still guilty of speeding. And so obviously if other Page 12 September 14, 1999 places in the community have the same violation, we need to follow up on those. But that doesn't excuse you from still -- MS. TORRES: But she never got -- COMMISSIONER CONSTANTINE: -- having the responsibility of keeping your lot clean and mowed and so on. MS. TORRES: But she never got a letter. Because her lot was mostly clean. That's why we couldn't understand why they kept -- you know, her lot, she cleaned and cleaned it. And why were they sending CHAIRWOMAN MAC'KIE: What's the status of the certified letter? Was it return receipt? How was it handled? MS. ARNOLD: The original one was returned undelivered. And then we did get one that was signed, and I believe it's in your packet, on 7-13. CHAIRWOMAN MAC'KIE: Okay. MS. TORRES: She did get the second one, and she did come right away to speak from that. But if she would have gotten the first one, she would have done something about it. But her lot was clean. That's why I can't understand why they were charging her, because she does keep that up. CHAIRWOMAN MAC'KIE: I'm sorry, ma'am, but it must not have been clean, because they sure don't have time to be mowing lots that don't need it. So it's just going to be a different definition of what a clean lot is, I would say. MS. TORRES: Well, I would like to know who cleaned it, because the neighbor next door is the one that was to supposed to have cleaned CHAIRWOMAN MAC'KIE: Michelle, I'll let you talk to her about that after the meeting. The question now for the board is, does anybody want to do a reconsideration here? Okay, I'm sorry, ma'am. We'll go to item 8(A) (4). Did we have any speakers registered for 8 (A) (4) ? MR. FERNANDEZ: No. CHAIRWOMAN MAC'KIE: And was there a motion and a second on the floor? COMMISSIONER CONSTANTINE: Motion to deny the request. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8A5 REIMBURSEMENT OF ADMINISTRATIVE FEES ASSESSED FOR LOW MOWING SERVICES PERFORMED ON LOT 56 OF MARCO BEACH UNIT 23, BLOCK 591 - DENIED 8 (A) (5) ? MS. ARNOLD: 8(A) (5) is similar, that the property owner is requesting reimbursement. They've already paid the administrative costs, but felt that because someone accepted the mail that wasn't Page 13 September 14, 1999 authorized to do so, there was an error on our part and feels that the administrative costs should have been -- COMMISSIONER CONSTANTINE: I just need to be clear. Does the code read that you only need to keep your lot mowed and clean if you get notice from the county, or does it -- MS. ARNOLD: No, it doesn't. COMMISSIONER CONSTANTINE: -- or does your responsibility go just because you own the property? MS. ARNOLD: It is your responsibility to clean the lot. COMMISSIONER CONSTANTINE: Thanks. COMMISSIONER CARTER: I move we accept staff's recommendation. COMMISSIONER CONSTANTINE: Denial? COMMISSIONER BERRY: Second. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: The recommendation is that the administrative fee would be assessed but that's it; am I right? MS. ARNOLD: The recommendation is at minimum the administrative fee could be assessed, and then that we would pay the cost for mowing. COMMISSIONER CARTER: Let me change that motion. I just deny the request. CHAIRWOMAN MAC'KIE: Yeah, so the motion would be -- MS. ARNOLD: To deny -- CHAIRWOMAN MAC'KIE: -- deny the request for recon -- for consideration of reimbursement. Okay. Is there a second? COMMISSIONER BERRY: Yeah -- yes. CHAIRWOMAN MAC'KIE: Yes. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. MS. ARNOLD: And I thank you very much for allowing me to take care of that. CHAIRWOMAN MAC'KIE: Go get it taken care of, please, ma'am. COMMISSIONER CARTER: I think Commissioner Constantine's remarks were apropos here. If you own a piece of property, it is your responsibility to keep it up, mowed, cleaned, whatever it is. We should not have to come around and tell you to do that. So I don't have much empathy for these kinds of things. Item #12Al ORDINANCE 99-63 RE REMEDIAL AMENDMENT CPR-99-1, AN ORDINANCE TO RESCIND COMPREHENSIVE PLAN AMENDMENTS FOUND NOT IN COMPLIANCE BY THE RECOMMENDED ORDER ISSUED BY THE GOVERNOR AND THE CABINET ON JUNE 22, 1999; TO VEST CERTAIN PROPERTIES REZONED IN ACTIVITY CENTERS; TO CORRECT SCRIVENER'S ERRORS IN THE GOLDEN GATE AREA MASTER PLAN AND TO READOPT ALL REMAINING EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS - ADOPTED 5/0 AS DESCRIBED CHAIRWOMAN MAC'KIE: Okay, so now we will go to our 9:30 item, which is 12(A) (1), 12(A) (2) . We'll go through them in order but generally the items related to the comp. plan amendments. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes, sir. Page 14 September 14, 1999 MR. FERNANDEZ: Before we start, I'd just like to let you know what I have planned for the order of these items, since you wanted to take a group of items up at the same time. CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: The order I propose is 12(A)(1), then 12(A)(2), then 8(A)(1), then 9(A), then 10(N). That's what I propose to -- CHAIRWOMAN MAC'KIE: Is it -- 8(A) (1) and 10(N) , aren't they related, or are they not? I don't know. COMMISSIONER CONSTANTINE: 8(A) (1), I thought -- MR. FERNANDEZ: They are related. Okay, then let's do 10(N) before 9(A), and 9(A) will be the last one. CHAIRWOMAN MAC'KIE: Okay. All right. Ms. Cacchione? MS. CACCHIONE: Good morning, commissioners. For the record, my name is Barbara Cacchione with your Collier County comprehensive planning staff. The first item is remedial amendment 99-1, and this is a result of the final order issued by the Governor and Cabinet on June 22nd. There are three components, and this is an ordinance for final adoption. The first component is to rescind those items that were found not in compliance, and those are listed on Page 1 of your executive summary. CHAIRWOMAN MAC'KIE: Ms. Cacchione, this first one just relates to rescinding the noncompliant amendments? MS. CACCHIONE: That's correct, in this ordinance. CHAIRWOMAN MAC'KIE: So maybe we could just stop and take that one, because that's a pretty simple question. We don't have any choice there. Does anybody have discussion on that particular part of it? Are there speakers -- I know you didn't register to speak that way, but is there anybody who objects to our rescinding those amendments that were found not in compliance? MS. CACCHIONE: There are a few other components to that. We are also readopting the provisions of the '97 amendments that were sent up to the DCA that were found in compliance, that they didn't have any objection to. CHAIRWOMAN MAC'KIE: And I've been in a meeting with Mr. Varnadoe, this morning heard that there are some glitches there. There are some -- so is it necessary, is it a good idea, is it essential that we adopt all of those, or could we pause and clear up these glitches? Otherwise, we may end up having to have an appeal. MS. STUDENT: For the record, Marjorie Student, assistant county attorney. It would be the recommendation of our office, after talking with representatives of the Department of Community Affairs about this, that we go forward in this process and readopt those EAR amendments as they existed when we adopted them on October 27th, because those are the EAR amendments. The purpose of the assessment and the study and so forth that's going to take place is to look at all of this. And it would be our recommendation, and I think in a letter I've seen from Mr. Anderson, he also -- that would be his first preference, to fix it now. But second preference would be to do it as part of the assessment. Since we have to have data and analysis to support any changes that we do to our comp. plan, I feel it's more appropriate to do it in Page 15 September 14, 1999 the assessment. And if there is any challenge to it, we could support it better, having data and analysis at that time. CHAIRWOMAN MAC'KIE: So Marjorie, what you're saying is you're recommending that we not roll it in at this point. MS. STUDENT: Just do this as part of the assessment and maybe do COMMISSIONER CONSTANTINE: Just to be clear, when you say roll it in, what is "it" in this instance? CHAIRWOMAN MAC'KIE: The compliant portions of the '97 EAR amendments. MS. STUDENT: That's my sug -- that's our suggestion, that we adopt those as they existed in 1997. Not to tinker with that language now but to do it in a subsequent amendment cycle, or as part of the assessment. And it could be the next amendment cycle to fix it. I know -- in talking with DCA, I think they may have a problem if we start tinkering with that now and it could lead to a case within a case and it could just get more complicated. COMMISSIONER CONSTANTINE: So you're suggesting that we can't -- or you wouldn't recommend that we make any of our other changes, the rural fringe stuff and so on? MS. STUDENT: Not now. We also have an advertising situation too, because it was advertised that we were readopting the EAR amendments as they existed on a certain date. COMMISSIONER CONSTANTINE: Would this be the first time that we didn't adopt exactly what was advertised? MS. STUDENT: I suppose not. COMMISSIONER CONSTANTINE: Or is the idea that it advertises that's what we're discussing and if you're interested in the general topic, you should be here to participate -- MS. STUDENT: That's true. COMMISSIONER CONSTANTINE: -- in case we tinker with it at all. CHAIRWOMAN MAC'KIE: Hopefully we will tinker. Okay, I thought that was going to be an easy one, but maybe it's not . COMMISSIONER CONSTANTINE: If there's some objection, hopefully CHAIRWOMAN MAC'KIE: Let's hear from -- COMMISSIONER CONSTANTINE: ~- that person has signed up because otherwise -- CHAIRWOMAN MAC'KIE: And I know that there is. So Mr. Varnadoe, come forward. If there's somebody else who wanted to speak on that item, if you'll come on forward and we'll identify you for the record. MS. CACCHIONE: While Mr. Varnadoe is coming forward, I also want to mention, there's two other exhibits to this ordinance. One is a vesting policy for commercial properties that have been rezoned in the interim, and the third are for scriveners errors in the Golden Gate area master plan. CHAIRWOMAN MAC'KIE: Okay. So Mr. Weigel, will you be thinking about how to give us advice here on what we should -- what we have to include in a motion to approve -- MR. WEIGEL: Yes. CHAIRWOMAN MAC'KIE: -- and what we may or may not have to? Mr. Varnadoe? For the record. Page 16 September 14, 1999 MR. WEIGEL: Yes. MR. VARNADOE: For the record, George Varnadoe, attorney, Young Van Assenderp, Varnadoe and Benton, representing Barton Collier Partnership and Collier Enterprises, Inc. Mr. Keesey of our office is going to give you the presentation on the glitches. But let me just try to make -- bring some clarification. The letter that our office sent to each of you had nothing to do with anything, I think, that we can do today. It had to do with the interim amendments, particularly establishing these NRPA's and the inconsistency of doing that with policies that are currently in the plan and effective and have been in the plan since, I believe, 1989. I agree with Ms. Student, we can't do a thing about that today, but I wanted to bring your attention to it. And I wanted to preserve standing and I wanted to get the commission to focus their staff on that so we can clean that up as soon as possible. What we're talking about now, though, are policies that we proposed in the '97 EAR amendments. The whole thing was challenged. None of it's effective. In looking through it with the heightened scrutiny that we're giving to things now, we have found some glitches. There is no requirement in the final order that we adopt those EAR amendments today. The final order said we have to do two things: One, do the interim amendments which include the NRPA's; two, rescind the noncompliant EAR amendments, period. So let me -- having clarified what we're already talking about, let me turn it over to Mr. Keesey to address the particular glitches that we -- CHAIRWOMAN MAC'KIE: I'm going to ask if maybe we could avoid this, because, Ms. Student, I think we're talking about two different things. It doesn't seem to me that it's necessary to readopt all of the noncompliant '97 amendments if in fact there have been some technical errors discovered in them. Why wouldn't we just do that -- listen to whatever you guys work it out with them and then bring it back to us in a couple of weeks and we'll adopt those previously noncompliant. MS. STUDENT: I have not been apprised exactly as what the glitches are. One of the concerns I would have is we have an ordinance in place that implements some of this, and maybe we don't, you know, if there be any conflict with that. And, you know, the order of the Governor and Cabinet said to rescind, and it listed every ordinance by number. And what we had worked out, staff had worked out, was this process. And again, I -- in talking with DCA about this yesterday on any changes, they had indicated there might be a problem with it. But we're certainly willing to listen to what the glitches are and take it from there. COMMISSIONER CONSTANTINE: Ms. Student, what would be the result if we rescinded these things as required by the Governor and Cabinet and did not adopt to readopt the old '97 standards? What would that leave us with? What would be -- MS. STUDENT: That would leave us with -- COMMISSIONER CONSTANTINE: -- in fact? MS. STUDENT: That would leave us with what we have now, the '89 plan as amended. Up -- excluding the EAR amendments. CHAIRWOMAN MAC'KIE: Which is what we've had since '97. Page 17 September 14, 1999 MS. STUDENT: That's right. That's what's legally effective now. The other is on the books but not legally effective. COMMISSIONER CONSTANTINE: What's the downside to doing exactly that? MS. STUDENT: If we do just that, we've got the old '89 plan. COMMISSIONER CONSTANTINE: Right. CHAIRWOMAN MAC'KIE: Which is what we have today anyway. COMMISSIONER CONSTANTINE: And what's the downside to doing that? MS. STUDENT: There would be no downside to doing that part of it, I don't think. We wouldn't have the EAR amendments. And we'd just be without that. The only thing I can think of is that we're supposed to do an EAR and amendments related to it, and we don't have those. That's the only thing I can think of that would be a downside. CHAIRWOMAN MAC'KIE: And since today we have so much on our plate, I wish that the staff could spend the next couple of weeks working out the glitches, and then on the 28th we will address the EAR amendments that need to be adopted. MS. CACCHIONE: I would like to address that issue, if I may. What this does is get the seven elements that have been not in effect for the last seven years in effect. There are certain provisions of the land use portion, particularly that people have been waiting to be adopted based on rezones and other actions that have taken place. There -- if we have the '89 plan, there's obviously nothing to rescind there. Those policies are not in there. The '89 plan that is currently effective, there's no way to rescind these offending policies, because they don't appear in there. And I'm aware of the specific inconsistencies that are brought up. They're minor in nature and they're also in the '89 plan. So in effect, it doesn't accomplish a whole lot of anything. CHAIRWOMAN MAC'KIE: It's not a good start for what I thought was going to be the easy piece of this. Is there interest in the board on hearing what these glitches are, or -- COMMISSIONER CONSTANTINE: Well, sure, if there are alleged glitches -- because Mr. Varnadoe thinks there are doesn't mean everybody thinks there will, or he may be right on target, but I have any way of knowing if I haven't heard them. CHAIRWOMAN MAC'KIE: So agreed, board members? COMMISSIONER BERRY: Let's hear them. CHAIRWOMAN MAC'KIE: Everybody agreed? Let's hear them. This was supposed to be the easy part. MR. KEESEY: Good morning. My name is Larry Keesey. I'm with Young, Van Assenderp, Varnadoe and Anderson, and I'm hear to speak on this agenda item on behalf of Collier Enterprises, Barron Collier Partnership and Collier Resources. As has been stated here today, agenda Item 12(A) (1) does include the rescission of those EAR amendments that were found objectionable. And we have no problem -- I'm not here to oppose that. They should be rescinded. The portion of the agenda item that I do wish to address more specifically, however, is the agenda item portion that includes the EAR amendments that supposedly DCA has found to be not objectionable. Page 18 September 14, 1999 We, however, have found several instances where there are problems that would be created by these. And I want to address a little bit later on two very specific points related to the amendments that we think create inconsistencies and conflicts in fact within the plan itself. Now, in terms of the staff recommendation, their position is that these amendments should be adopted without the changes, even though there are allegedly errors in them which we will point out. And that we should avoid triggering another administrative hearing that might be precipitated if these changes are made and it's found to be inconsistent. I just want to make three points initially regarding that position. The first is, as I think you've correctly deduced, there is absolutely no obligation on the part of this board to adopt those plan amendments, those EAR amendments that were not objected to today. That does not have to be today. There's nothing in the order of the Governor and Cabinet that requires you to act today. CHAIRWOMAN MAC'KIE: Okay, we're clear on that part. Tell us what the glitches are, please. MR. KEESEY: Okay, can I make my sec -- I just had two quick points before I get into two specific areas. CHAIRWOMAN MAC'KIE: Okay. MR. KEESEY: The second point is just that the very thing that -- CHAIRWOMAN MAC'KIE: You're aware of the five-minute limit. MR. KEESEY: -- the county attorney wants to avoid a hearing. Anyone has the right -- if these objections are valid and if there are in fact inconsistencies in the plan, our clients do have the right to initiate the hearing that the County Attorney's Office so much wants to avoid. And third, it just seems to be the right thing to do to not adopt a plan amendment knowing that there are errors in it. We ought to do the right thing here. We ought to adopt plan amendments that are carefully drafted, and that are what -- are consistent with the county's intent. Now, to turn specifically to the identified objectives. I want to first address Policy 3.1(B) of the FLUE; that is, the Future Land Use Element. And this Policy 3.1 has introductory language that states that there are land development regulations that have been adopted into the Land Development Code that include the following provisions. And the B is the one I want to focus on: That there are environmentally sensitive lands that shall be protected through the required dedication of usable open space and the preservation of 25 percent of the viable naturally occurring -- emphasize the word occurring -- native vegetation and removal of exotic species, et cetera. What this plan amendment states on its face is that there is a 25 percent preservation requirement. That is the wording. That is, I don't believe, inconsistent with either the county's intent or the land development regulations which the introductory language references. The introductory language states that land development regulations have already been adopted. CHAIRWOMAN MAC'KIE: What do they require for percentage of preservation? Page 19 September 14, 1999 MR. KEESEY: The land development regulations are contained in preservation sections in 3.9.5.5.3 of your code. And as you can see, this language is not at all restricted in terms of either geographic area within the county or by type of development. But if you go to the code, the code provision states, and I'll read it, All new residential or mixed use developments. So immediately we're talking about residential or mixed use only, greater than 2.56 acres -- here we have a specific acreage category -- in the coastal management area -- here we have a geographic area -- as defined, et cetera. And then it says, and greater than 20 acres in the coastal urban area -- again, another geographical representation -- are required and shall retain 25 percent of the viable naturally functioning -- emphasis on the word functioning -- native vegetation. So obviously the code that this plan amendment references is inconsistent with the plan amendment. CHAIRWOMAN MAC'KIE: But don't the code -- the implementing ordinances often give more detail than -- because we go back to that same thing that the plan is the constitution and the land development code is the statutory implementation. And so often the code has more detail, as long as it's not inconsistent with the constitution, which is the comp. plan. MR. KEESEY: I submit that this wording of this constitutional provision states 25 percent without any limitation. That's the point. CHAIRWOMAN MAC'KIE: But then the code gives the specific limitations. MR. KEESEY: There are specific limitations. But in terms of an inconsistency of 25 percent versus some of the percentages in the code, the plan will control. CHAIRWOMAN MAC'KIE: And one other question before we go to staff. Are these objections that you've raised in '97? MR. KEESEY: No, they're not. CHAIRWOMAN MAC'KIE: Because they slipped through or -- MR. KEESEY: Well, a lot of water has gone under the bridge since then, and this has become a very complicated and litigious process. And we've really had to fine-tooth comb this because everyone does. And that's the point of this 25 percent requirement, people will be looking at this and saying your plan states flat out it's going to require 25 percent preservation, without regard to limits by geography or type of development. And if that's the case, and if that's the wording in the plan, it controls over your land development code. CHAIRWOMAN MAC'KIE: I see. Ms. Cacchione? MS. CACCHIONE: There are several things. First of all, I think that the intent is that the language should be the same. There is no intent to provide a broader protection or broader interpretation of this language. I wrote it. The intent was that it is the same. It also appears in Policy 6.46 of the conservation element. It references the land development regulations that implement it, which are specific that have been in place since '91 and have been an applied since that. This language hasn't changed since '97. I understand that there is heightened scrutiny, and I think perhaps the best approach would be for us to include this in our remedial amendments that you'll be hearing next month. Page 20 Septenlber 14, 1999 Actually, November 23rd is your scheduled date for remedials. We can include this change in that language, and that is in fact our intent, that the language be the same. CHAIRWOMAN MAC'KIE: inconsistency. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: to hear it then. CHAIRWOMAN MAC'KIE: So we'd have a couple of months with an We shouldn't be adopting it. So we shouldn't be is your -- We shouldn't be adopting it if we're going So Barb's recommendation is that we do adopt the overall -- that we readopt today what we adopted in '97. And that in November, if there are items that need to be cleaned up, we clean them up in November. MS. CACCHIONE: This is all language that the board has adopted in 1997. The board has already -- CHAIRWOMAN MAC'KIE: We've already adopted it. MS. CACCHIONE: -- adopted this language as it appears here. MR. KEESEY: Might I address just a couple of points in response? CHAIRWOMAN MAC'KIE: Well, real quickly. MR. KEESEY: Okay. First, the reference to Policy 6.46, which is in the conservation coastal management element, does specify the preservation of retention of naturally functioning -- CHAIRWOMAN MAC'KIE: As supposed to occurring. MR. KEESEY: -- native vegetation, as opposed to occurring. Secondly, 6.4.6, that provision in the conservation element, does have an exemption for agricultural development. The provisions you're adopting in the FLUE policy that we're challenging does not have any provision for an exemption for agricultural uses -- CHAIRWOMAN MAC'KIE: Got a question. MR. KEESEY: -- and that creates another conflict. CHAIRWOMAN MAC'KIE: Do you have any other items that you object to, or is that the only one? MR. KEESEY: No, there's another specific one related to the district, the rural industrial district. CHAIRWOMAN MAC'KIE: Let me pause you for a second. Barb, what if we adopted all of the non -- let's see, the compliant '97 EAR amendments except for the two to which he objects and those we deal with in November? I'm just trying to move this process along, because we're talking about -- this is insignificant. This is really just what's going to happen over the next couple of months. MS. CACCHIONE: I think you probably could do that, or you could change the wording in here, if it isn't a tremendous -- CHAIRWOMAN MAC'KIE: I'd rather not change the wording today until you two have agreed or, you know, you all have looked at it together. MS. CACCHIONE: Again, it still is not readopting exactly what we sent up before. CHAIRWOMAN MAC'KIE: I understand. MS. CACCHIONE: And we just don't want to create any red flags. And one other point is you don't read plan provisions in a vacuum. You read the whole plan together. And as you read it together and the implementing regulations, there is no other interpretation you would get from that. Page 21 September 14, 1999 CHAIRWOMAN MAC'KIE: But since there is this concern, is there support on the board for adopting all of the compliant amendments from '97 EAR except for the two that will be identified for the record right this minute? MR. KEESEY: Yes. It's the Future Land Use Element, the Land Development Code -- or I'm sorry, the rural industrial district, which is located, I believe, at Page 48. But the rural industrial district description and the land use designation description section is what we object to, the rural industrial district, for the record. CHAIRWOMAN MAC'KIE: Is that clearly defined there, Mr. Weigel, so we could just have a motion on this issue? MR. WEIGEL: Yes. CHAIRWOMAN MAC'KIE: So does anybody want to move that? MS. CACCHIONE: I don't know how we'd do that. CHAIRWOMAN MAC'KIE: These are -- we're dividing it up. These are people who wanted to speak on that particular issue. MR. FERNANDEZ: No other speakers. CHAIRWOMAN MAC'KIE: No other speakers particularly on this issue? Is anybody here who wants to talk about this besides the people who have? Great. Is there a motion on that particular portion then of the MR. KEESEY: Thank you. CHAIRWOMAN MAC'KIE: -- transmittal plan? COMMISSIONER CARTER: What does that do to us, Madam Chair? CHAIRWOMAN MAC'KIE: Well, it will leave us with -- we'll have everything we adopted in '97 except as to these two points that apparently has something to do with ag. clearing. We will continue to have the laws that we had since 1989, except as they're affected by Land Development Code, which is more specific. MS. CACCHIONE: Well, actually the language they're going to end up with is probably broader, in fact, and would call for more land development regulations than this one does. But if that's what they'd like. Protect environmentally sensitive lands and provide for open space, and this shall be accomplished in part through the integration of the Big Cypress area of critical regulations into the Land Development Code. So that is what we'll be looking at for environmentally sensitive lands. CHAIRWOMAN MAC'KIE: So that was the pre-'97 language. And that's where we'll be. And again, we'll only be here until November 23rd, when we will do the right thing and get it all cleared up. So we'll -- we will be with the law that we've been operating under, because the '97 amendments never became effective because they were objected to. COMMISSIONER CARTER: And this will not disrupt our process in what we have to comply at the DCA at this point? CHAIRWOMAN MAC'KIE: DCA may not be crazy about it. Because they would like to see us just adopt blanket what we adopted in '97. MS. CACCHIONE: What we'll do is call attention to those provisions by shading those in the ordinance so they can see that we're putting that back to the 1989 plan, and hopefully they won't have any concerns with that. Page 22 September 14, 1999 COMMISSIONER CONSTANTINE: I assume we'll also put a narrative in that explains in the next six weeks, eight weeks, we're actually dealing with those in depth. MS. CACCHIONE: As part of the remedials, we can certainly do that. COMMISSIONER CARTER: And that they may be more restrictive than what our language currently states. CHAIRWOMAN MAC'KIE: Any -- COMMISSIONER CONSTANTINE: So moved. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: transmittal -- Okay. Is there a second? Second. Are we through with speakers? We are on this particular issue. Okay. Okay, motion and a second on this MS. CACCHIONE: This is an adoption. CHAIRWOMAN MAC'KIE: This adoption of the ordinance, as described. All in favor, please say aye. Opposed? (No response.) COMMISSIONER NORRIS: Procedurally, this was a public hearing. CHAIRWOMAN MAC'KIE: Yeah. I should have closed the public hearing. So I'll close the public hearing. We'll have the motion again. Have a second again. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: There you go. Thanks, John. Item #12A2 RESOLUTION 99-362 RE REMEDIAL AMENDMENT CPR-99'2, TRANSMITTAL OF A RESOLUTION TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW OF COMPREHENSIVE PLAN AMENDMENTS THAT PROVIDE POLICIES TO CONDUCT A RURAL AND AGRICULTURAL ASSESSMENT; PROVIDE FOR INTERIM DEVELOPMENT STANDARDS; AND IDENTIFY NATURAL RESOURCE PROTECTION AREAS - ADOPTED WITH CHANGES Okay, the second question now left on 12(A) (1) is the NRPA's. MS. CACCHIONE: These are the interim development standards. There are three things that this second item does: The first thing it does is it sets forth two policies, one that calls -- and these are policies located in your executive summary packet. The policies call for the ag. assessment. And these are on Page 9 of your agenda packet. The policies call for an assessment of the rural and agricultural area, and that says that that assessment may be phased. The second policy refers to broad public participation. Those are two new policies. The second thing it does is restrict uses in the agricultural area in the interim. CHAIRWOMAN MAC'KIE: Again, this is supposed to be the easy part, because this is the thing that everybody's agreed to, that this is Page 23 September 14, 1999 what we commonly refer to as the moratorium in the interim during the study period. MS. CACCHIONE: Yeah. And there's a couple points I want to make about that particular issue. In terms of the agricultural area, the restriction on uses are mainly conditional uses. They are not permitted uses as a matter of right in the agricultural district. For the most part, the restricted uses again are conditional uses. In addition to that, the other major restriction on uses is that you can't further subdivide your land. Whatever you had on June 22nd in terms of your parcel size is what you have today. CHAIRWOMAN MAC'KIE: But Barb, we don't have any choice on that, right? I mean, we're -- MS. CACCHIONE: No. CHAIRWOMAN MAC'KIE: -- ordered to adopt that. MS. CACCHIONE: These are in the final order. But I wanted to make that point, because very often you hear that there -- many uses, many permitted uses, have been taken away, and that is not the case in the agricultural area. In the NRPA's, again, it's only agricultural uses that are permitted, and related uses, and no conditional uses. And I just wanted to clarify that for the board. What I'd like to do now is turn it over to Bill Lorenz who will go over the planning commission's recommendation and the EAC recommendation in regard to the NRPA boundaries. And I'd also like to mention on that first item that the Planning Commission recommended unanimously for approval. COMMISSIONER CARTER: Barbara, let me ask you just one quick question for my clarification. On any existing land within a NRPA, whatever it's zoned, and I own that, if I own a five-acre lot and I want to build a home on there, I still can do that, correct? MS. CACCHIONE: That's correct. That's correct. COMMISSIONER CARTER: So I'm not really taking away the ability of a person to use a piece of land as is currently zoned today. They can still do that? MS. CACCHIONE: The only example would be is if you had a 20-acre piece in a NRPA. In the past, you could subdivide that into four lots. At this point in time, you have to wait until that assessment is completed. COMMISSIONER CARTER: Okay. But I could still build one unit on there -- MS. CACCHIONE: Yes. COMMISSIONER CARTER: -- if I wanted to? MS. CACCHIONE: And I have the list of uses from the zoning district which shows which ones are restricted, and I'll hand those out while Bob is -- I mean yeah, Bill. CHAIRWOMAN MAC'KIE: Bill. MS. CACCHIONE: Sorry. Bill is going over that. CHAIRWOMAN MAC'KIE: Before we go to the question of the NRPA boundaries, is there any question from board members about this, the interim moratorium, so to speak, and the adoption of the study? Just be nice if we could -- now we know that we're sort of limited at this Page 24 September 14, 1999 point to talking about the boundaries of the Natural Resource Protection Area. Just trying to make this make a little more sense. Okay, Mr. Lorenz, NRPA's. MR. LORENZ: Yes. For the record, Bill Lorenz, natural resources director. What I'd like to try to do is in the interest of time, I provided you with a memo last Thursday, I think we gave you an extra copy today, that would show the NRPA boundaries that staff is recommending and the rationale and a lot of the environmental data that we use to provide -- propose those boundaries. But unless you have specific questions on those colorized maps, in the interest of time, I'll simply go through the presentation in terms of discussing the boundaries as they relate to EAC and Planning Commission recommendations. CHAIRWOMAN MAC'KIE: And we'll take each NRPA one at a time. Let's do it that way so we can -- you know, this is complicated for us laypeople. MR. LORENZ: Right. The criteria for selecting the NRPA's, I just would want to state is, of course, based upon the final order and also the recommendations from Judge Meale, which was adopted within the final order. And it deals with not only wetlands but also listed species' concerns. So our NRPA boundaries, we looked at major wetland systems, areas of upland habitat that were contiguous to the wetland systems, listed species information that was contained in what's known as the Gaps Report published by the Game Commission, and also a look at the panther preservation plan. We also used CARL acquisition boundaries to help us set our NRPA boundaries. And also, we want to try to minimize any degree of fragmentation of NRPA's as a result of large subdivision or a large network of roads. So basically that would eliminate North Golden Gate Estates, but of course that was not listed in the final order anyway. Let's just go to the South Golden Gate Estates NRPA. This should be an easy one. The EAC held two regular meetings and a growth management sub-committee meeting, and the Planning Commission basically held two meetings in which case we went through presentations of the information and heard from public input. In this particular one for South Golden Gate Estates, there was unanimous agreement with the EAC and the Planning Commission. CHAIRWOMAN MAC'KIE: Can I pause you then and ask if there's anybody -- any questions specifically on Southern Golden Gate Estates. COMMISSIONER NORRIS: Not on Southern Golden Gate, but on what's shown here. What we can see. COMMISSIONER CONSTANTINE: You haven't gotten to the North Belle Meade -- CHAIRWOMAN MAC'KIE: No. COMMISSIONER CONSTANTINE: -- correct? COMMISSIONER CARTER: No. CHAIRWOMAN MAC'KIE: No, not yet. COMMISSIONER NORRIS: We're going to get specifically to that. COMMISSIONER BERRY: We will. CHAIRWOMAN MAC'KIE: Yeah, we will. Okay, on South Golden Gate, are there people who wanted to argue with the recommendations from the Planning Commission and the EAC? Page 25 September 14, 1999 Good. So we can move on. We're done with South Golden Gate. COMMISSIONER CARTER: Do we want to move on each one of these individually, Madam Chair? CHAIRWOMAN MAC'KIE: I like that idea. Does that work for you? COMMISSIONER CONSTANTINE: Will this get consensus, so we can -- COMMISSIONER NORRIS: Just take consensus. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: And for the most part, explain just a minute, we're talking about this, but what does this mean? To the average person, Bill, what does this mean in the Southern Golden Gate Estates? MR. LORENZ: The difference -- the recommended order lists a -- well, prohibits all land uses, with the exception of agriculture, agriculture related uses, and single-family residential uses on lots that were subdivided before June 22nd, 1999. So that's the only uses that it allows. The difference between a NRPA -- within a NRPA and outside of the NRPA with regard to the final order is there are certain land uses that would be prohibited. Earth mining is a major land use that would be prohibited within a NRPA boundary. And there are some essential service uses that also would be prohibited. COMMISSIONER CONSTANTINE: But your last point of what's allowed is somebody has a lot down there, single family, and they still want to go ahead within the restrictions that are already held down there, but within the allowances of the properties down there, this isn't going to change that at all. MR. LORENZ: That's correct. They can still put that single-family residence on that lot. COMMISSIONER CARTER: And they can still hunt and fish on their property -- MR. LORENZ: Yes. COMMISSIONER CARTER: -- according to whatever the Fish and Game rules are? MR. LORENZ: Yes. CHAIRWOMAN MAC'KIE: Okay. So is there consensus on the boundary of South Golden Gate Estates? COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: Consensus down here? COMMISSIONER CONSTANTINE: Yes. COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: Okay. Take us to the next one then, Mr. Lorenz. MR. LORENZ: Yes, the South Belle Meade -- what we're calling the South Belle Meade. This is basically the staff's recommendation, which is -- mirrors the Environmental Advisory Council unanimous recommendation is the CARL acquisition boundaries. With the exception that in this area here we do not square the acquisition boundary off, because a lot of this area is agricultural uses. And since it was on the boundary of the NRPA, we carved out those agricultural areas -- CHAIRWOMAN MAC'KIE: So basically you're -- MR. LORENZ: -- of South Belle Meade. CHAIRWOMAN MAC'KIE: -- being more respectful of the existing ag. uses by not including them in what we will adopt as the South Belle Meade NRPA. Page 26 September 14, 1999 MR. LORENZ: That's correct. Since they weren't internal to the total project, we cut it around those uses, looking at the land cover data that we use for our mapping. COMMISSIONER CONSTANTINE: Can we expect that respect to be consistent throughout the NRPA's -- the other NRPA's throughout the county? MR. LORENZ: Not if they're internal to the NRPA. And that's -- CHAIRWOMAN MAC'KIE: These were on the edge. COMMISSIONER CONSTANTINE: So no, we can't expect that respect -- MR. LORENZ: -- an example, Camp Keais and Okaloacoochee. Well, in the boundary, I think that they should be consistent. CHAIRWOMAN MAC'KIE: Good answer. Okay, what was the Planning Commission recommendation here? MR. LORENZ: The Planning Commission -- let me explain the Planning Commission's recommendation, because in your memo I may have mischaracterized it. The Planning Commission, what I understood it, was to reflect those properties located in what was called the willing seller program for the CARL acquisition project. Technically, from my understanding in discussing with the CARL -- CARL representatives and specifically Gary Litton, there really is not a willing seller program that is carved out in South Belle Meade. There is a CARL project boundary map that is used, a 1999 map that we used as the project boundary for which CARL will agree to acquire properties within that boundary. Now, the Planning Commission made a -- Mike Davis, in fact, called me -- made the motion to approve the project boundary, along with a willing seller program. But he understood that that was all of the properties within the CARL -- the South Belle Meade NRPA. And I think that some of it you may hear public comment to -- that would wish to exclude certain properties within our NRPA boundary that are unwilling sellers. So the Planning Commission recommendation was unanimous for the project boundary, along with what was termed a willing seller program. But I'm not sure they're -- well, staff could not determine there is actually a willing seller program for South Belle Meade. CHAIRWOMAN MAC'KIE: Okay. MR. LORENZ: And one other point, if I may. CHAIRWOMAN MAC'KIE: Please. MR. LORENZ: You'll also note right here there is a hole in the NRPA. That was because that's -- I'm not sure the name of the project, but that was a project that had its application complete prior to June 22nd, 1999. And what we have done is wherever we are aware of those projects that came in with a complete application, we have excluded them from the NRPA boundary, because then we'd have an inconsistency problem where we'd have to draft additional language noting that exception. CHAIRWOMAi~ MAC'KIE: So they should be excluded, because that's what the deal was at the Governor and Cabinet is if you were in before June 22nd, you're excluded. So that makes sense. Questions from the board about South Belle Meade? Public speakers on South Belle Meade? And identify on the map -- I mean, people know where they live or where they have comments. But there, thanks. South Belle Meade. Mr. Corkran, would you identify yourself for the record? Page 27 September 14, 1999 MR. CORKRAN: For the record, Sewell Corkran. I live in Naples. I attended the Planning Commission meeting to -- and during the discussion on South Belle Meade, a land use attorney who's present, Bruce Anderson, suggested the brilliant idea that those in South Belle Meade who were not willing to sell their land to governance should be excluded from future NRPA regulations. And that would leave the people in South Belle Meade who would sell to be subject to the regulations. To me, this is exactly like SAG. Gun control restrictions apply to the people who will turn in their guns to governance, and the people who insist on retaining their weapons for whatever purpose are not subject to gun restrictions. This is talking about Belle Meade. But if this principal concept is adopted, why isn't it fair in every other NRPA? And Mr. Anderson is here. If I'm misquoting him, I will stand corrected. But -- but I think I understand English, and there is a record on the Planning Commission. CHAIRWOMAN MAC'KIE: Thank you, Mr. Corkrano If you need to say something briefly. MR. ANDERSON: Yes, I -- for the record, my name is Bruce Anderson. I was misquoted. I did not address the issue of South Belle Meade in any way, shape or manner. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Other speakers on South Belle Meade? Dr. Guggenheim -- oh, I'm sorry. MR. AGOSTON: My name is Ty Agoston. CHAIRWOMAN MAC'KIE: Mr. Agoston, we have some guests you want to introduce to us this morning? MR. AGOSTON: Yes. These are my two grandsons. This is Christopher Borne and that's Nicholas Borne. CHAIRWOMAN MAC'KIE: We hear a lot about you guys, so it's nice to get to see you. MR. AGOSTON: And being that today is a storm day, they came as storm troopers. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: I couldn't help but notice, Ty, that you planted yourself very deliberately between your grandchildren and the local environmental representatives. MR. AGOSTON: They need all the protection they could get. Ladies and gentlemen, I've spent most of the summer in Hungary, and viewed the fruits of the central planning that was taking place there for the past 40 years or so. And I hate to say this, it's not a very enviable picture. The reason I wanted to respond to the Southern Belle Meade subject, I meant to say something about Southern Golden Gate Estates, but I want to make a point. Several months ago the City of Naples have conducted a survey on whether the people would want the right to build a guest house behind their home. Now the lots in the City of Naples probably run around 50 by 100, or thereabouts. And 85 percent of the people want to have a guest house behind their home. I want to say that these are the same people who come here and protest the building of an elegant community in TwinEagles where one dwelling per five acres. Is this hypocrisy, or this is just simply Page 28 September 14, 1999 selfishness? A beautiful name like environmental activist? But more than that, is this fair? Thank you very much. CHAIRWOMAN MAC'KIE: Thank you, Mr. Agoston. Dr. Guggenheim? MR. GUGGENHEIM: Good morning, commissioners. For the record, David Guggenheim, president and CEO of The Conservancy of Southwest Florida, speaking to you on behalf of our 5,500 member families and nearly 700 volunteers. Very briefly, I just want to say that we are strongly in support of county staff's recommendations on NRPA boundaries. I'll fill in some more details a little bit later. But I do want to suggest that we deal with the Swiss cheese effect in South Belle Meade; namely, the little hole in the boundaries. This process is about identifying what is important to this county, what are the natural resources that are important. This is not about private property boundaries at this stage. Using property owners' lines to draw NRPA's, we are really going to contravene the intent of the final order, NRPA's must be used to protect wildlife habitat. And for the most part, your staff has recommended lines based on solid data, the best data that we have. But we would seek to modify the South Belle Meade to include all of Belle Meade. And as we've heard discussion about earlier, there is nothing in the NRPA designation that would prevent property owners from going out, building their single-family home building or continuing with agricultural practices. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. Mr. Fernandez, do you want to speak on South Belle Meade? MR. FERNANDEZ: Good morning, commissioners. Michael Fernandez with Planning Development, Incorporated, talking to you about the South Belle Meade area. I represent a few landowners that have a few parcels in the Southern Belle Meade area, in very close proximity to that exclusion that has shown up now near the M on your map. I have a memo that I've prepared for the Planning Commissioners that I'd like to pass out, put a copy in the public record, that identifies the locations of the property that I'm representing. One item that I'd like to bring to your attention is -- and I think maybe we'll get a little clarification from staff -- is that the Planning Commissioners actually voted to exclude those areas that are outside the CARL project boundaries. Those areas that are the willing seller properties are -- is an area that is beyond the project boundaries that the state now considers -- can consider individually those parcels for the -- spending CARL funds. Those were excluded by the vote of the Planning Commissioners, not included, and I wanted to get that correct for the record. And that does effect two of the four parcels that I'm representing this morning. In that -- those parcels have good infrastructure from Sable Palm, and their abutting existing land uses. The other two larger parcels abut a large quarry that is an existing rock mining operation that segregates it from other portions of the CARL area. So I'd ask your consideration, being that the state owns the vast majority of the lands in this particular proposed NRPA boundary, that it be limited to those within the core project boundaries, not include the willing seller, and that you consider perhaps those areas within Page 29 September 14, 1999 the core project boundaries for continued conditional uses, as opposed to limiting it to just single-family residences. With the additional stipulation that they have to provide environmental backing or -- that show just cause when they come for that conditional use. CHAIRWOMAN MAC'KIE: Questions, board members? COMMISSIONER CONSTANTINE: Mr. Fernandez, on the handout you have Item No. 4, including these four parcels, will result in severe economic impact to the value of the parcels. Can you explain that? MR. FERNANDEZ: Yes, sir. For instance, the two parcels that abut the existing quarry, they will no longer be able to be utilized for that purpose. They've held discussions for that specific use. CHAIRWOMAN MAC'KIE: They're thinking about expanding the quarry onto those property and that would be prohibited if they're in the NRPA. But that's exactly why we're doing the NRPA, so that those kinds of intrusive uses won't be expanded in these areas that need protection. COMMISSIONER CONSTANTINE: Just so I understand, because maybe you two are more familiar with the property than I am. But that would be expanding an existing quarry? Not starting something new, that's existing? MR. FERNANDEZ: But it's not under common ownership at this time. CHAIRWOMAN MAC'KIE: It's a new quarry. MR. FERNANDEZ: So it would be called a new quarry. COMMISSIONER CONSTANTINE: Speaking in strictly physical terms, forget ownership for a minute, would that be expanding from the existing quarry, or again, you'd be starting completely new? MR. FERNANDEZ: That would be expansion if it occurred, yes. CHAIRWOMAN MAC'KIE: Not legally, but you're saying from an on-the-ground perspective, you think -- MR. FERNANDEZ: Yeah, my -- COMMISSIONER NORRIS: Physically. CHAIRWOMAN MAC'KIE: Your opinion. MR. FERNANDEZ: That's my understanding, too, that legally it would not. COMMISSIONER NORRIS: Mr. Fernandez, does this property currently have an earth mining permit on it? MR. FERNANDEZ: No, COMMISSIONER NORRIS: own that property? MR. FERNANDEZ: No, COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: it does not. And does the current earth mining operation it does not. Okay. Any other questions? COMMISSIONER CONSTANTINE: What parts -- no, I'm okay, never mind. CHAIRWOMAN MAC'KIE: Okay, thank you. MR. FERNANDEZ: Okay. If you could get that clarification on the record, I'd appreciate it from staff. CHAIRWOMAN MAC'KIE: Well, okay. If it's easy to clarify it, do it. Because it's just -- we're clarifying what's the recommendation from the Planning Commission, which is not the be-all end-all here, it's a recommendation from the Planning Commission. MR. MULHERE: For the record, Bob Mulhere, planning director. I didn't want to clarify that issue, I'll leave that to Bill. But I did want to make one statement, just as a reminder, that with Page 30 September 14, 1999 respect to the earth mining, I think Commissioner Norris' question is very germane because if they do not already have an approval, then they are not only restricted by the NRPA restrictions, they're also restricted by the interim assessment restrictions. CHAIRWOMAN MAC'KIE: Os even if they're -- MR. MULHERE: Both of those processes will require some review and may result in changes. CHAIRWOMAN MAC'KIE: And the clarification, Mr. Lorenz, if that's MR. LORENZ: Yes, the Planning Commission adopted their recommendation to include what they call the willing seller program, which would exclude unwilling sellers within the CARL boundary. As I said, Mike Davis gave me a call yesterday after reading the memo that I prepared for the commissioners, and said that was not his understanding when he made the motion. So I can -- basically I can't speak obviously for the vote for other Planning Commission members, but -- CHAIRWOMAN MAC'KIE: The motion maker -- MR. LORENZ: -- he indicated that to me. CHAIRWOMAN MAC'KIE: Okay. Other speakers on South Belle Meade? Ms. Payton. MS. PAYTON: Good morning. My name is Nancy Payton, representing the Florida Wildlife Federation and speaking as a member of A Thousand Friends of Florida. CHAIRWOMAN MAC'KIE: And if I may, if you'll forgive my interruption, just there's nobody else standing up, so I want anybody who wants to talk about South Belle Meade to please come on forward and come right after Nancy, please. MS. PAYTON: We generally support the proposal that's before you that staff is recommending, but we would modify the boundaries somewhat. And I'm going to pass out a copy of the boundaries that appear in the 1999 CARL book. Thank you very much. And we ask that the NRPA reflect those boundaries. CHAIRWOMAN MAC'KIE: And that's basically the squared off -- MS. PAYTON: Right. CHAIRWOMAN MAC'KIE: -- boundary that Mr. Lorenz talked about. MS. PAYTON: And the farm fields that Mr. Lorenz referenced in his presentation are owned by the State of Florida. Therefore, I think it is appropriate to put them in the NRPA. And also, they're Priority I Panther Habitat. And it's our position that if Priority I Panther Habitat or Priority II Panther Habitat abuts any of these proposed NRPA boundaries, that they should be incorporated. I did bring a map of the Priority I and II Panther Habitat. I should have given that to you, I apologize. I'll be more organized the next time around. And also, on the back of that map is the strategic habitat conservation areas. And you can see that the Belle Meade area south of 75 is indeed a strategic habitat conservation area for a variety of listed species, most importantly the Florida panther. Therefore, we urge that the boundaries, the NRPA interim boundaries, do reflect Priority I Panther Habitat, and include those farm fields. CHAIRWOMAN MAC'KIE: Are those -- any questions for Ms. Payton? Page 31 September 14, 1999 COMMISSIONER CARTER: Just one clarification. Does the State of Florida own those farmlands? Nothing would prohibit them from putting it in there, no matter how we draw the line. So wouldn't it be a time for the State of Florida to put their money where their mouth is? CHAIRWOMAN MAC'KIE: They can't draw our NRPA boundaries, though, on our comp. plan, except by objecting to the ones that we draw and then we can get into a fight over that. COMMISSIONER CARTER: But nothing would preclude them from putting it in there later if they wanted to. CHAIRWOMAN MAC'KIE: And that may be exactly what they do if we transmit it the way that staff has recommended. Just like on others, if we transmit a smaller, for example, NRPA than DCA wants to see, they may well object to it and we go through that process. But is there any way that the state can designate, say we're willing to put our farm fields in this NRPA? MS. PAYTON: I'm sure they'd be delighted to do that. I mean, it's no problem with doing that. I'm just making the point that there's no reason to exclude them because they're private farm fields, but they are in the property of us, the public. COMMISSIONER CONSTANTINE: Who in the state agriculture have you talked with about that? MS. PAYTON: It would be through DEP. They're responsible -- COMMISSIONER CONSTANTINE: No, who have you personally talked with? You just said you were sure they would have no objection. I assume you've spoken with someone about it. MS. PAYTON: Well, I have had some informal discussions, but I cannot officially say that they would have objections or they would support it being in the NRPA. There is a letter that I was going to pass out during the next section from the Florida Wildlife Commission which does address NRPA boundaries and says start with the CARL boundaries. So there is one agency that does agrees with that. CHAIRWOMAN MAC'KIE: Thank you. Commissioner Berry? COMMISSIONER BERRY: The question I have, if you were to include, say, some of the farm fields down here, what restrictions go with a NRPA? MR. LORENZ: The difference between the farm field -- or agricultural designation and NRPA designation is you could not do earth mining in the NRPA designation. There would be certain essential services, uses that you could not do as well under the -- CHAIRWOMAN MAC'KIE: But you can farm it even if it's in a NRPA. MR. LORENZ: You can still farm it and have agriculture related uses. CHAIRWOMAN MAC'KIE: You could still build houses. COMMISSIONER CARTER: It wouldn't preserve -- COMMISSIONER BERRY: One other question I'd like to ask, and I don't know if you're qualified to answer it or not, is a financial question. If you place this NRPA boundary on this land, what financial impact does it have on that land? MR. LORENZ: I'd have to turn that over to -- MS. PAYTON: It's state land. And they lease it out to cattle grazing. So it's public land at this point, it's not private property. COMMISSIONER BERRY: If it has the NRPA designation on it? Page 32 September 14, 1999 CHAIRWOMAN MAC'KIE: No, the piece that she's suggesting we add, the squared off boundary, as opposed -- you know, this squared off boundary as opposed to this wiggly boundary that staff is recommending. You could square it off by including land that's owned by the state. And then it would be all of the CARL property. COMMISSIONER BERRY: That's not what I'm saying. If there is ag. land that is in this NRPA -- COMMISSIONER NORRIS: Privately owned. COMMISSIONER BERRY: -- privately owned ag. land and you put a NRPA over this land, what is the financial impact on that land? CHAIRWOMAN MAC'KIE: And we don't have anybody to give that testimony at this point. MS. PAYTON: Well, at this point they can continue doing their farming. COMMISSIONER BERRY: That isn't the answer, Nancy. MR. MULHERE: Again, for the record, Bob Mulhere. We do not have that information. That is a question that we could attempt to develop an analysis during the assessment period. COMMISSIONER BERRY: We will be doing that. MR. MULHERE: Right. But we don't have that information at this point in time. CHAIRWOMAN MAC'KIE: I guess as to this particular piece, it's not relevant because the state already owns this farm field. COMMISSIONER NORRIS: Can you put up the other map? Take this one back off, please. CHAIRWOMAN MAC'KIE: It's basically the difference between those two. COMMISSIONER BERRY: But does the state -- if this one -- if the one that's on our screen were squared off, would it look like this other one? MR. LORENZ: The alternative would be we could just simply plot the CARL boundaries, such as the one that the Chairwoman is holding up. We chose -- the staff chose to try to reflect simply more of the natural areas, since those farm fields were on the boundary of the CARL project boundary. Now, one thing that Nancy said, we tried to get some clarification from the state as to which properties they own. The map that was in the CARL report wasn't detailed enough to do a mapping of state owned lands. But certainly from a staff's perspective, whatever state owned lands there are that would square off those boundaries, we would include those into a NRPA designation. Either right now or as those lands become acquired, we would recommend a policy that they go into a NRPA designation. COMMISSIONER CONSTANTINE: I think staff's initial lines are well founded. If the idea of a NRPA is to protect -- COMMISSIONER BERRY: Exactly. CHAIRWOMAi~ MAC'KIE: Right. COMMISSIONER CONSTANTINE: -- natural resources, then those are the areas we should focus on. CHAIRWOMAN MAC'KIE: And I agree. Why don't we do a consensus, if there are no other speakers on South Belle Meade. I would agree with the staff's recommendation. We can look into it later. COMMISSIONER NORRIS: Staff's recommendation -- Page 33 September 14, 1999 COMMISSIONER CONSTANTINE: Planning Commission? COMMISSIONER NORRIS: -- is what? CHAIRWOMAN MAC'KIE: Is what you're looking at on the visualizer. COMMISSIONER CONSTANTINE: If that includes Planning Commission's recommendation and the willing seller part, I agree with it. CHAIRWOMAN MAC'KIE: I don't think we know what that is. MR. LORENZ: Well, staff's recommendation is not to just include willing sellers. Because if you -- on the other side, if you exclude all unwilling sellers, then you would have basically a Swiss cheese pattern in the whole NRPA and in the NRPA, all the boundaries. So we would not recommend that that is the intent of the NRPA. COMMISSIONER CONSTANTINE: But that was the recommendation of the Planning Commission? MR. LORENZ: That was the recommendation of the Planning Commission as it was stated. As I noted, the caveat there that the motion maker did not consider that the intent of his motion. But that's -- CHAIRWOMAN MAC'KIE: So keep in mind that the motion maker said he didn't intend it to be willing sellers only. So my consensus is to support staff's recommendation. Not to extend it but staff's recommendation. COMMISSIONER CARTER: I go with staff's recommendation. COMMISSIONER CONSTANTINE: I go with the Planning Commission recommendation. COMMISSIONER BERRY: recommendation. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: I'd rather go with the Planning Commission's Okay, never mind. To make a Swiss cheese out of it? Yeah. COMMISSIONER CONSTANTINE: I don't think it really makes -- if you look at the map, it doesn't make a whole lot of Swiss cheese. It leaves a hole. CHAIRWOMAN MAC'KIE: No, no, no, that's an important distinction. Staff is recommending that we do have one hole in the Swiss cheese. We do have one -- staff recommends one hole, and I'm agreeing with that. COMMISSIONER CONSTANTINE: I can't wait to read this transcript. CHAIRWOMAN MAC'KIE: I know. But Planning Commission is recommending that it would just be dotted with holes, depending on whether or not a property owner is participating willingly in the CARL program. COMMISSIONER CARTER: And if I understand it, the motion maker for the Planning Commission, that was not really his intent, so -- CHAIRWOMAN MAC'KIE: Right. COMMISSIONER NORRIS: Well, I'll break the tie and go with the staff recommendation. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: Take a break? CHAIRWOMAN MAC'KIE: We could probably do CREW quickly, couldn't we? Isn't that a pretty easy one? COMMISSIONER NORRIS: No, let's do the North Belle Meade. CHAIRWOMAN MAC'KIE: Oh, no, that's going to take longer. We'll take a break before that. Page 34 September 14, 1999 COMMISSIONER NORRIS: It's not going to take very long, because I think we've got three that's going to say -- COMMISSIONER CONSTANTINE: We won't need consensus, it doesn't look like, on that. CHAIRWOMAN MAC'KIE: Yeah, but there's going to be speakers. Is CREW faster than North Belle Meade? MR. LORENZ: I think so. CHAIRWOMAN MAC'KIE: And then we'll take a break after CREW. COMMISSIONER BERRY: Don't use the word faster. CHAIRWOMAN MAC'KIE: Okay. MR. LORENZ: The CREW boundaries that you see were approved by the Planning Commission and the Environmental Advisory Council. There is one area we still have to take a look and -- COMMISSIONER CONSTANTINE: I'm sorry, Bill, what was the vote from the Planning Commission on that? MR. LORENZ: Planning Commission votes were unanimous and there were five members voting. CHAIRWOMAN MAC'KIE: In favor of staff's recommendation. MR. LORENZ: Correct. CHAIRWOMAN MAC'KIE: As the EAC voted in favor of staff's recommendation. MR. LORENZ: Correct. CHAIRWOMAN MAC'KIE: Are there speakers who want to argue for something different than staff's recommendation on the CREW lands? COMMISSIONER BERRY: I have one question, and this was from some individuals who happen to live out in that area. And their concern was that if they are put into this area, could the state come in and take their land? And I tried to assure them, but I want to hear it today that they're not going to have to worry about the state coming in to take their land. CHAIRWOMAN MAC'KIE: This doesn't put them on a list. This just says you can't do earth mining and some essential services. You can continue to live there, have a house, you can farm. COMMISSIONER BERRY: Okay, just wanted that stated. CHAIRWOMAN MAC'KIE: Ms. Payton? MS. PAYTON: Nancy Payton, representing the Florida Wildlife Federation and a member of A Thousand Friends of Florida. I'm passing out a letter that Bill Lorenz received from Jim Beever of the Florida Fish and Wildlife Conservation Commission. And he does make reference to the CREW boundaries here and recommends including the entire Bird Rookery Swamp system attached to CREW. And I want to clarify whether that is or isn't included in these CREW boundaries. And if they're not, we recommend that we follow the Wildlife Commission's recommendation and include that entire Bird Rookery Swamp system. CHAIRWOMAN MAC'KIE: Do you know, Bill, if it is included or not? MR. LORENZ: Includes -- let's put it this way: Includes most of it. We don't know exactly what Jim is talking about in terms of the map. I didn't have a map. But the way we mapped the CREW areas was we mapped the CREW areas, trying to be sensitive to the CREW CARL boundaries, except in certain areas where again there were some agricultural fields on the boundary. Page 35 September 14, 1999 And also, we did not dip down into the Estates. There are some places that you could look at the cover -- we could come down into the Estates. So we excluded those areas. We discussed that with the EAC, and they agreed with that. But Nancy, I can't give you an unconditional yes, that we followed the area that Jim is speaking of. MS. PAYTON: But there was an intent to include that rookery -- MR. LORENZ: Yes. MS. PAYTON: -- area? Thank you. CHAIRWOMAN MAC'KIE: Thank you. Yes, sir. Mr. Agoston. There's sort of a tag team developing here. MR. AGOSTON: No. I'll tell you, my comment is somewhat different. We, I believe, employ a very big sense of hypocrisy when we're talking about farming, because as far as I know, and I have never been in a development other than losing a bundle of money at one time. CHAIRWOMAN MAC'KIE: That makes you an expert. MR. AGOSTON: No, no, I will never touch it again. The stock market is a whole lot safer place than development. COMMISSIONER BERRY: Oh, yeah. MR. AGOSTON: But anyhow, the point I'm making is that isn't it a standard practice that landowners keep their land as agricultural, first to use it as an agricultural land; second, to gain the benefit of the taxing difference? And isn't it also true that as time goes by, when that land becomes ripe for development they will routinely change the zoning and the county routinely grants that change? CHAIRWOMAN MAC'KIE: I would hope there's an end to that as long as we want to keep eating tomatoes and peppers. I mean, I hope that's not absolutely routine for all farmland. MR. AGOSTON: I tell you, if the way we are doing now, we're going to be eating Mexican tomatoes and peppers, no matter what you do anyhow. So as far as I'm concerned, I don't know whether that's a valid argument or not. But be as it may, I have heard this line of argument from you a number of times. And if this is the routine system, why do we use it? I mean, why don't we just be honest and say look, we want your land, we want to take it, we want to beat down the price of it, we want to hold down to it, just like we did in Southern Golden Gate Estates, but we can buy it pennies on the dollar, and then we are going to be selling it to willing sellers because we wait longer now, so the current ordinance die and the inheritors will pretty much want to get out of it and will buy it for pretty much whatever you offer. Thanks very much. CHAIRWOMAN MAC'KIE: Other comments on the CREW NRPA? I'm going to support staff's recommendation. COMMISSIONER CARTER: I support staff's recommendation. CHAIRWOMAN MAC'KIE: Anybody else want to weigh in, because then we could take a break? COMMISSIONER NORRIS: Staff's recommendation. COMMISSIONER BERRY: Staff's and the Planning Commission. I believe those were synonymous. CHAIRWOMAN MAC'KIE: Right. Okay. Let's take a break and come back at 10 till 11:00. Page 36 September 14, 1999 (Recess.) CHAIRWOMAN MAC'KIE: If we'll come to order, please, we'd like to return the meeting to order. If you'd return to your seats, or if you have conversations you can go out in the hallway to continue them, but we'd appreciate you coming to order. We're going to go now to the North Belle Meade NRPA proposal. Mr. Lorenz? MR. LORENZ: Yes. The North Belle Meade NRPA is definitely the one that had one of the most contentious discussions that we had at the EAC and the Planning Commission. The EAC split on it 4-4. The Planning Commission voted unanimously to not include it as an NRPA. I do have to provide for the record, and it was a letter from James Beever from the Game Commission provided to me dated September 2nd. And he is the biological scientist who will be providing comments to DCA on the NRPA's. And his recommendation is quite pointed and explicit to include North Belle Meade as an NRPA. He referenced an initial proposal that they had worked on, I think it was for some of the initial CARL work, that those were the boundaries that he would like to have us see as the NRPA. I don't have that map. But staff feels comfortable that this is an important area, based upon large -- a large set of habitat and wetlands that are on-site in the North Belle Meade. CHAIRWOMAN MAC'KIE: Bill, before we go much further, what's the process here? And we probably should have talked about this at the beginning, but the process here is that we're transmitting these proposals to DCA. We will either -- we will either tell DCA that the board agrees that there should or shouldn't be an NRPA in North Belle Meade, and if so, where it should be. In response from DCA -- is that the final word? What happens after that? MR. LORENZ: No, the response would be then we would get an ORC Report, objections, recommendations, comments, to then provide that information to the board for an adoption hearing. That would be scheduled some time after we get the ORC Report. CHAIRWOMAN MAC'KIE: And if the board continued to disagree with DCA, for example, then we go through the process we've been in the last couple of years? MR. LORENZ: That's what I'd have to ask Marjorie to respond to that. COMMISSIONER CONSTANTINE: Can you zoom out, for the benefit of the people here and the people on television, just to put this in prospective? CHAIRWOMAN MAC'KIE: That's basically it, isn't it, Marge? MS. STUDENT: We'd be back before the Governor and Cabinet, I believe, on the order. I don't believe it would go through another administrative hearing. I think we'd be back before the Governor and Cabinet on the final order, the Administration Commission, as to whether or not we followed the order, and then they may choose to hear testimony or whatever from the Department of Community Affairs and other interested persons, and may direct us further before they decide to impose sanctions. CHAIRWOMAN MAC'KIE: Marjorie, does the final order say thou shalt adopt a North Belle Meade NRPA? What does it say about North Belle Meade? Page 37 September 14, 1999 MS. STUDENT: It just says Belle Meade. CHAIRWOMAN MAC'KIE: Okay. Comments? Questions for Mr. Lorenz? COMMISSIONER NORRIS: Well, maybe we could just -- COMMISSIONER CONSTANTINE: Go to speakers first and then we'll -- COMMISSIONER NORRIS: You want to go to speakers first? CHAIRWOMAN MAC'KIE: Speakers who want to talk to us about North Belle Meade. Would you identify yourself for the record? MR. SMITH: Yeah. Good morning. My name is J. Richard Smith. I live out in this area, and I've known it for quite a bit of years. The question that's before you is whether or not you want to include an area in a NRPA. That becomes significant in terms of what it means to the property owners in that area. It's not just a line, because what happens is the control of that property then is placed in Tallahassee, because the DCA ultimately will have the authority as to whether or not those boundaries could be changed once it's created. Since control of these properties is placed in Tallahassee and since the values of these properties would be diminished considerably by placing it in a NRPA, there was the need and there was public participation and meetings held to deem what would be appropriate conclusions. The area known as Belle Meade is mapped and identified for placement in a NRPA. It has been suggested that North Belle Meade be included also, not only the expansive South Belle Meade area, south of Alligator Alley. As you've heard, the Planning Commission voted unanimously to keep North Belle Meade out of the Belle Meade area, and the EAC voted 4-4 on the issue. Scientists who appeared at the public meetings made it abundantly clear, at least to me, that North Belle Meade has no interconnected wetlands; that is, isolated. I know this also from my own personal observation, it's isolated by human boundaries on all sides, and it's generally -- it generally fails to be qualified as a natural resource area. North Belle Meade would much better qualify as a growth area as described in -- on Page 11, paragraph number three of the Administrative Commission's final order of June 22nd, 1999. Located as it is in the center of a rapidly growing estates area, it could well serve to allow needed roads for access to and from the estates, thereby -- and this is a quote from the Commission itself, from the Governor and Cabinet, quote, encouraging development that utilizes creative land use, planning techniques, urban villages, new towns, satellite communities, and mixed use planning techniques. The Commission's final order also speaks -- and this is probably more appropriate today than on some other days -- speaks of the need to ensure hurricane evacuation times are maintained or reduced. This is on the final order on Page 6, paragraph E. Even now, ordinary traffic to and from the estates is bumper to bumper, morning and evenings. Realistic planning must anticipate the need for better access to higher sea level areas, such as Belle Meade, which is on the average 13 feet above sea level. Finally, since practically all growth east of 951 is currently limited to the platted estates area and Orangetree, much needed commercial services will have no place to locate, except in areas which are currently platted and zoned residential. The potential Page 38 September 14, 1999 long-range harmful result on the natural beauty of the current estates area should be obvious. People were clearly meant to be part of this equation, and the environment would benefit negligibly by including North Belle Meade in a NRPA, if at all, and people could suffer greatly if it was included. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you, sir. Any questions for Mr. Smith? COMMISSIONER CONSTANTINE: No. CHAIRWOMAN MAC'KIE: Thank you. Next speaker on North Belle Meade. Dr. Guggenheim. MR. GUGGENHEIM: Thank you. For the record, David Guggenheim, president, CEO of The Conservancy of Southwest Florida. CHAIRWOMAN MAC'KIE: Thanks. I just wanted them to fix the speaker. It was about to beep you. MR. GUGGENHEIM: Thank you. Again, the object of this exercise is to identify those natural areas, those natural resources that are important. In the discussions of Belle Meade, I assure you, in my discussions with DCA, the term Belle Meade has always referred to both North and South Belle Meade. Your staff will recall that North Belle Meade was always included in earlier settlement discussions with DCA, leading up to the March 19th workshop. Judge Meale's order references the 1993-94 effort at the county level to identify NRPA's, and North Belle Meade -- or I should say Belle Meade was clearly one of those NRPA areas. And the map that is referenced in that report clearly shows both North and South Belle Meade. And to the extent that the Administration Commission has adopted the final order and Judge Meale's reference to that, then by law you must consider North Belle Meade as a NRPA. North Belle Meade represents some of the most pristine land in the urban fringe. It is rich with life, it's home to the black bear and the panther. And as the letter that Nancy Payton referenced by Jim Beever suggests, the fact that it is divided by 1-75 from the southern part of the system does not mean that the system is not important, nor that those connections cannot be reestablished. And finally, again I want to stress that assigning this area, or any area, the NRPA designation does not prevent the landowners that are currently there from going out and building their home, one home per five acres, or continuing with agricultural practices. What this does allow us to do is provide additional scrutiny for TwinEagles type development that we're seeing more and more of in the rural parts of the county. Northern Belle Meade was included in '94 by your staff, and should be included now. I thank you. COMMISSIONER BERRY: I have a question. CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER BERRY: I'm not sure -- well, I know I wasn't here when they started the CARL program in the Southern Golden Gate Estates from -- at least with the County Commission. If this was all considered one with South Belle Meade, then why wasn't it part of the CARL program? CHAIRWOMAN MAC'KIE: You could probably answer that, Dr. Guggenheim. MR. GUGGENHEIM: Commissioner, actually it was initially, and -- Page 39 September 14, 1999 COMMISSIONER BERRY: Then they took it off. MR. GUGGENHEIM: -- it was taken off. And I would say the reasons that it was taken off were not biological reasons, they were political reasons, to make sure that at least the majority of that parcel remained in the CARL program. Apparently the landowners in the northern part were far more concerned than the -- I guess there were more willing sellers in the southern part than in the northern part. And it was a political decision at that time. But I assure you it wasn't -- it had nothing to do with the environment or the importance to that habitat. COMMISSIONER CONSTANTINE: You weren't here at the time, were you, David? MR. GUGGENHEIM: No, I wasn't. CHAIRWOMAN MAC'KIE: Any other questions? COMMISSIONER BERRY: My question, or my point is that if this is so vital, you know, like they've established with the CARL program, then again, put their money where their mouth is and buy it. MR. GUGGENHEIM: Well, Commissioner, I think that you make a valid point. And one of the reasons The Conservancy is now actively involved in sending questionnaires to landowners in Northern Belle Meade is to assess where we are and how difficult it might be to get this into a CARL willing seller program. That's one of the steps that's necessary. And we for one think that this area is so important that it merits being again part of the CARL acquisition project and expanding the boundaries from Southern Belle Meade to include Northern Belle Meade. COMMISSIONER BERRY: Of course, it would help if we would regulate this, because then it will help on the cost of that property. And I'm not willing to take part in that little scene. CHAIRWOMAN MAC'KIE: Well, what is the -- there's a -- well, I'll save it for later. Never mind. MR. GUGGENHEIM: Well, I understand Commissioner Berry's comment and concern that establishing a NRPA would somehow impact property values and make a buy-out program that much easier, but that -- that's again not the object of this exercise. The object here is for us as a county to transcend political issues and really get to the heart of the matter. Where are the natural resources in this county that we absolutely must protect? And then move forward into a community planning effort, which helps us build the tools necessary to protect them. CHAIRWOMAN MAC'KIE: Dr. Guggenheim, I'm going to have to ask you to wrap it up. Thank you. COMMISSIONER BERRY: Well, if it is that important, then it ought to be studied, you know, perhaps. But I can't see drawing a line around it. CHAIRWOMAN MAC'KIE: Yes, I'm questioning whether or not this state is going to -- you know, the Governor's going to decide ultimately whether or not the line gets drawn here, the Governor and the Cabinet. And I believe from my experience there that they intended that we would draw a line around some North Belle Meade boundary, but we will find that out when we transmit if they object or they don't. Page 40 September 14, 1999 COMMISSIONER CONSTANTINE: I respectfully disagree. We -- my recollection is a little bit different from when the discussions went on and the North Belle Meade was not taken in there. It wasn't strictly political or a number of other considerations as well, or factual and scientific. So I'm not sure if the Governor and Cabinet are going to require that. CHAIRWOMAN MAC'KIE: We'll see. I mean, that -- COMMISSIONER CARTER: Well, was Bill -- Bill Lorenz, were you here during that period that you can give us some additional insight? MR. LORENZ: Well, I was here, but I wasn't directly involved in those issues, so anything I'd say would be just gross impressions, and I don't think that would be appropriate to discuss. CHAIRWOMAN MAC'KIE: Thank you. Mr. Agoston? MR. AGOSTON: As a last shot, I want to mention -- my grandsons are getting impatient -- that it seems there is a continual flow of -- that's probably more than suggestion that we get from professional environmental advocates. This is a rich county. If we need expertise, we ought to buy it. We should not be depending on Ms. Payton or Mr. Cornell or any -- David Guggenheim. None of these people -- I'm not quite sure just exactly where they're going, and I am certainly sure that I disagree with the method they are using to get there. It's -- I listened to Ms. Payton talking about her conversations with the DCA. Well, I don't know who the hell they are, but to be honest with you, it bothers me that a private person -- because to me, she is not an elected official. She doesn't -- CHAIRWOMAN MAC'KIE: Ty, forgive me, but because we're dividing these up, I'm going to ask you to focus on North Belle Meade. MR. AGOSTON: This is on North Belle Meade. They sit here and give you a testimony of the need to have Belle Meade excluded and established in a protected environment which will essentially take advantage of every landowner there. And I am the president of the Taxpayer's Action Group. I like to feel that I want to be able to give a helping hand to the taxpayer, whom apparently nobody's talking for. I mean, we are sitting here talking about someone else's property, how it should be used for the public. If you want to use it, pay for it. If there was a need for us to have it, we should pay for it. To be honest with you, the public is not all that interested in spending money, because that sales tax initiative on green space kind of amply demonstrated that the public is not willing to pay for it. So now we are going around the circle, taking advantage of private property owners any way we can to beat the properties' values down so it's buyable by the government. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you, Mr. Agoston. Mr. Anderson, who didn't speak on South Belle Meade, but does have something to say on North Belle Meade. MR. ANDERSON: Thank you, Madam Chairwoman, members of the commission. My name is Bruce Anderson. I represent James Brown of East Naples Land Company, who owns approximately 3,000 acres inside and adjacent to the proposed North Belle Meade NRPA boundaries. More than half of his acreage would be included within the NRPA boundaries. Page 41 September 14, 1999 My client objects to the proposed NRPA designation on his lands and the severe land use restrictions that accompany such a designation. The NRPA designation would deny him the right to put his land to uses which were permitted as a matter of right and his conditional uses when he purchased the property; uses for which there is a market demand. To the extent that the NRPA designation denies substantially all economically beneficial use of property, it can constitute a taking. CHAIRWOMAN MAC'KIE: Excuse me, Bruce, but all we're talking about at this point is that you can't do excavation and certain essential services. That's the only difference being in and out of the boundary. COMMISSIONER NORRIS: I don't think so. CHAIRWOMAN MAC'KIE: At this point in time it is. COMMISSIONER NORRIS: I don't think that's true. MR. ANDERSON: No, I think that that -- COMMISSIONER CONSTANTINE: I don't -- CHAIRWOMAN MAC'KIE: Mr. Lorenz, help me, because I thought that's what you advised us just a second ago. Please correct me if I'm wrong. I thought that during the interim period the difference being in and out of a NRPA, if you're in the rural ag., if you're in the rural area, is excavation and essential services. Is that true or false? MR. LORENZ: Essentially Barb's got a ~- Barb Cacchione has a complete list for you, but those are the -- COMMISSIONER CONSTANTINE: I think there's two thoughts there. One is there are more restrictions than that. But two is once it has that designation, those definitions and restrictions change, but the designation doesn't. That's a very real worry. And that -- CHAIRWOMAN MAC'KIE: For the future. COMMISSIONER CONSTANTINE: And we don't necessarily control how that unfolds either. CHAIRWOMAN MAC'KIE: Barb, tell us, though, because I think it's an important point, in the interim ~- because your point is well taken -- on the future, after the assessment is done, we don't know yet what the restrictions will be inside the NRPA's, but for now, the difference of being in and out is what? MS. CACCHIONE: The current zoning on this property I believe is agriculture. And if you look at the list of uses that I handed out earlier, all the permitted uses are still permitted, and the accessory uses are permitted as well. What occurs is if you have a single-family dwelling on acreage more than five acres, then you can't subdivide it at this point in time until the assessment is completed, although much of these properties are of smaller acreage already and have been subdivided. CHAIRWOMAN MAC'KIE: Okay. Did that clear that up? COMMISSIONER CARTER: I don't want to interrupt Mr. Anderson's time, but I think -- CHAIRWOMAN MAC'KIE: But I did. COMMISSIONER CARTER: Well, that's all right. And I have to say this, we're not just looking at a very short-term decision here. We're looking at what the community is telling us, they want planned controlled growth. And even if this is a NRPA and there are designations put on this, it will not stop development. It will say Page 42 September 14, 1999 that there will be another series of questions and criteria which you might meet -- have to meet in the future that's more restrictive than what's there today. But I got the message, and I'll listen to the environmentalists, and I've listened to the land use lawyers, and I'm going to tell you, I'm going to support North Belle Meade as staff recommends it, because that's the message I hear. And no matter where this goes this morning, that's a position I'm going to take. So you can talk all as long as you want to, but that's where I am. CHAIRWOMAN MAC'KIE: Mr. Anderson, you'll complete your presentation. MR. ANDERSON: Thank you, Madam Chairman. CHAIRWOMAN MAC'KIE: We'll give you the time. MR. ANDERSON: To believe that these are interim and that you can suddenly change them at your whim is to engage in wishful thinking that is contrary to what the law provides. Once these lines are drawn, you are approving today as part of the boundary line drawing, placing land use restrictions that limit them to two out of a list of more than 20 that were permitted before the moratorium went into effect. Yes, that's right, more than 20 that were permitted. And now you're cutting it down to two. You are taking away uses for which there is a market value. And let me tell you, because you are only leaving two land uses, you are going to be especially vulnerable to attack under the Burt J. Harris Private Property Rights Protection Act for devaluation of this property. I'd like to point out that unlike some of the other NRPA's today, North Belle Meade was not proposed to have a NRPA designation under the compliance settlement agreement that was the subject of discussion at your March 19th hearing. North Belle Meade should be carefully considered as part of the overall rural fringe assessment, not rushed through as an add-on NRPA. I mean, just since July your staff has looked at four different boundary lines for this NRPA, including one that stopped on the south side of Interstate 75. And as you've already been told, North Belle Meade is not on a state acquisition list. At one time it was and it was dropped. Now, perhaps if the NRPA designation is placed back on there, magically the property will once again appear on the state's CARL acquisition list, because the property has been devalued. But that would be wrong and you should not be a party to that. If these NRPA restrictions are imposed for the public benefit, then the burdens ought to be borne by the public at large and not placed solely upon the property owner. Your decision of where to draw the NRPA boundaries must be supported by data and analysis. Now, some of the spokespersons for the environmental organizations may tell you that DCA or the Governor and Cabinet have ordered you to draw specific NRPA boundaries and include specific lands. But that is not the case. If DCA knew where the NRPA lines were to be drawn, they'd have done it for you and held a gun to your head and told you to do it. What do the data and analysis show with regard to North Belle Meade? Well, I'd like to show you up here this map. It's the 1997 map of regionally significant natural resources, prepared by our own Page 43 September 14, 1999 Southwest Florida Regional Planning Council. And it does not identify North Belle Meade as a regionally significant natural resource. The data and analysis show that North Belle Meade is not designated by the old Florida Game and Fresh Water Fish Commission as priority panther habitat, nor is North Belle Meade identified as a panther habitat preservation area in the 1999 U.S. Fish and Wildlife Multi-Species Recovery Plan. The data and analysis show that the hydrology of these lands, including and surrounding North Belle Meade, was permanently altered many years ago by the drainage canal system that Gulf America constructed in there. CHAIRWOMAN MAC'KIE: Mr. Anderson, you said permanently you can't fill back in those drainage ditches like we're going to do in the Southern Estates? MR. ANDERSON: Well, if you want to flood those folks in the estates that have homes there out, yeah. The data and analysis show that the State of Florida drew the boundary line for Belle Meade many years ago when they constructed Alligator Alley. Fences exist along both sides of the alley to discourage wildlife and humans from unauthorized and dangerous crossings across the interstate highway. The data and analysis show North Belle Meade north of the Alley does not have a panther crossing under the Alley, which would enable wildlife to safely cross from South Belle Meade to North Belle Meade or vice versa. The data and analysis show that North Belle Meade and surrounding lands are not connected to any contiguous wildlife corridor preserves to the areas north, east or west. Instead it's surrounded on the north, east and west by vested and platted estates lands. As development is completed on these vested estates land, the North Belle Meade will be isolated and surrounded on three sides by more densely populated development. The data and analysis show that North Belle Meade has already been split into hundreds of individual parcels. Mr. Lorenz, could you show that property ownership map? CHAIRWOMAN MAC'KIE: Bruce, I know we interrupted you, but you're about done, aren't you? MR. ANDERSON: Yes, I am. MR. LORENZ: We need -- CHAIRWOMAN MAC'KIE: Put the visualizer on, Katie. MR. LORENZ: -- Channel 54 to put on the visualizer. MR. ANDERSON: When the visualizer works, it will reflect -- and this information was included in your agenda packet that the North Belle Meade area is split into hundreds of ownership parcels that are grandfathered under the Governor and Cabinet's order for single-family homesites, making it extremely difficult to preserve a meaningful, contiguous conservation area within North Belle Meade without an organized and well-funded conservation acquisition program, like CARL. And unless and until North Belle Meade area is placed on the CARL acquisition list and designated by the Florida Wildlife Commission and the U.S. Fish and Wildlife Service as a priority area, placing a NRPA designation on these lands is premature at best and a taking at worst. Thank you. CHAIRWOMAN MAC'KIE: Next speaker. Page 44 September 14, 1999 COMMISSIONER CONSTANTINE: Is there anybody else wanting to speak? CHAIRWOMAN MAC'KIE: We have Mr. Griffin and we have -- oh, yeah, looks like we have maybe three more speakers here on the North Belle Meade. MR. HILL: This will be very brief, Madam Chairwoman. CHAIRWOMAN MAC'KIE: Mr. Hill. MR. HILL: A point of clarification. I'm William Hill, Environmental Advisory Council. In your preliminary discussions today, before you introduced North Belle Meade, I received the impression that you felt that these NRPA boundaries, when drawn and accepted by the state, after transmittal, are cast in stone. This to me is not the case. That indeed the three-year assessment period not only will examine data concerning wildlife and wetlands, concerning restricted and permitted uses, but also will address the boundary lines themselves. If it doesn't, then I think this has placed a terribly undo burden on you folks to do this in a period of two or three months. CHAIRWOMAN MAC'KIE: But your impression is clearly correct, these are interim NRPA boundaries. MR. HILL: Very definitely. And I think as important as the uses within NRPA, the boundaries themselves have to be analyzed during this three-year assessment. COMMISSIONER CONSTANTINE: Mr. Hill, what do you think the likelihood of those boundaries getting smaller after that three-year period is -- MR. HILL: In my deliberation, or my ideas on the EAC, I felt it would be much more germane to start with a slightly extended boundary which included in particular the panther habitat, because that's the one where at least we have significant data, outdated as it may be. But we'll have three years to establish the validity of that, that it will be much more prudent to enlarge it at this point, and then based on the analysis of data in the assessment period, to draw back, pull back those boundaries, than to give the impression now that we've got limited boundaries and try to enlarge that. COMMISSIONER CONSTANTINE: My only disagreement there is that my experience with the state has been that it's pretty difficult to draw back. And I appreciate the concept, but once these are drawn, trying to shrink those down if we find that something doesn't fit and the data doesn't support it is much more difficult than drawing the lines and expanding those when we find data to support it. MR. HILL: Well, I disagree with that, Commissioner. But hopefully our three-year accumulation of data and analysis is going to come up with a boundary definition that's going to be a lot more meaningful than all three groups. You folks, the EAC and the CCPC have been able to arrive at this point. So I misunderstood your conversation earlier, and I just wanted a point of clarification. Thank you for your time. CHAIRWOMAN MAC'KIE: Thank you. Mr. Cornell. MR. CORNELL: Brad Cornell, president of Collier County Audubon Society. I'll just briefly comment on North Belle Meade. I concur with some other folks who have already spoke that Belle Meade is one Belle Page 45 September 14, 1999 Meade, north and south. And I've sat through meetings with Gary Litton a number of years ago where the whole subject of the Belle Meade CARL project was under scrutiny with the landowners and a whole lot of folks over at Edison Community College. And I will say that that was a political decision to remove that northern part. That was not a resource decision. So there was definitely a fear that we were going to lose the entire Belle Meade, and this was an extremely significant resource for Rookery Bay and for all sorts of listed species. COMMISSIONER CONSTANTINE: I think the fear that we would lose the entire Belle Meade was based in great part on the fact that there wasn't the scientific data to back up in the northern part. I mean, the fear wouldn't be there if both north and south were equally valuable. That argument just doesn't make sense. MR. CORNELL: I disagree. It's certainly true that 1-75 does bisect the two portions. But as Mr. Jim Beever, biologist for the Fish Commission, has already stated in the letter which you have from September 2nd, a road should not be considered a permanent division, nor a barrier to a wildlife corridor, that certainly it could be reestablished. So I think that we've seen that in other portions along 1-75 and other roads in the county. There are ways -- and I want to -- that's the other point I want to make is that the assessment process that we're about to enter into, once we draw these lines, will give us a great opportunity as a county and as a community to find innovative and creative ways to deal with protection of important public natural resources on private property, and to be sure wetlands and wildlife habitat are public resources that the public needs to find ways of protecting. It's not just an acquisition program. Local government needs to lead the way to find ways for the community to protect these public resources. And North Belle Meade is certainly one of those. Thank you. CHAIRWOMAN MAC'KIE: Commissioner Berry had a question. COMMISSIONER BERRY: I have a question. If we don't draw a line around this, is this still going to be in the study area? COMMISSIONER NORRIS: Sure. CHAIRWOMAN MAC'KIE: Well, it will be in the study area, and then the question will be does the Governor and Cabinet make us draw a line around it. But absolutely, it's going to be in the -- COMMISSIONER BERRY: Well, that's my point, that then after we do the study, we'll certainly have more data. And if there's supporting evidence there that this needs to be included, can't we include it at that point in time? COMMISSIONER CONSTANTINE: Absolutely. CHAIRWOMAN MAC'KIE: If the Governor and Cabinet agree, we can certainly do it later. COMMISSIONER BERRY: But I'd rather -- okay, that's fine. MR. CORNELL: Thank you. CHAIRWOMAN MAC'KIE: Mr. Payton, Mr. Corkran. If there's anybody else wants to talk about North Belle Meade, you get to speak now or forever hold your peace. MS. PAYTON: Good morning. Nancy Payton representing the Florida Wildlife Federation and speaking as a member of A Thousand Friends of Florida. Page 46 September 14, 1999 I have two more handouts. The first one is from our Growth Management Plan, the conservation element. And I thought I would just refresh everyone's memory what the purpose of an NRPA is. And I read from Objective 1.3. The purpose of Natural Resources Protection Areas will be to protect endangered or potentially endangered species and their habitat. So we're dealing with wildlife and their habitat, not just wetlands. I passed out earlier a copy of the strategic habitat conservation areas which came out of the Gaps Report which identifies North Belle Meade as such an area. Also, I passed out a map that -- panther -- a telemetry map of panthers from 1994 to 1999. And I've circled in yellow the North Belle Meade area, which shows that even though it is not this time identified as Priority I or II Panther Habitat by the Florida Panther Interagency Committee, it is dispersal habitat. And the Florida Wildlife Commission does have a map of Florida potential habitat, and North Belle Meade gets the highest score, which is an 8, as dispersal habitat or new habitat for Florida panthers. There's a female that's been in that area and has given birth to two kittens. So it is an area that, if you turn to the other side, in 1994 there were no panthers using that area. And prior to '94 there isn't evidence of panthers using that area. But there is now. And there's a growing use each year. And I didn't put on the visualizer each one of those years. But anyone who wants to see them, I brought them with me. And I remind you once again that the Florida Wildlife Conservation Commission, in the letter from Jim Beever, did stress that North Belle Meade should be considered as a NRPA. Therefore, we do support North Belle Meade -- North Belle Meade as a NRPA, based upon its wildlife values, particularly Florida panther. The present population of the Florida panther is at a minimum of 50 adults. And that's what is needed to ensure demographic and/or genetic health. North Belle Meade supports a segment of that panther population and, therefore, is important to the maintenance of population viability. North Belle Meade supports and sustains a viable population of panthers, and it's an opportunity for dispersal. And we must remember during this process that we're not just looking at CARL designated lands, we're looking at lands in Collier County that have wildlife value and wildlife habitat value. And CARL designated lands are one measure for us to look at, but we also must look at the science. Thank you. COMMISSIONER BERRY: Ms. Payton, if we go by this map and the same -- if you can use I think the one still on the visualizer, on your map just to the east of the Belle Meade area, isn't that platted Golden Gate Estates? MS. PAYTON: Yes. COMMISSIONER BERRY: And that's heavier than the Belle Meade area in terms of panther sighting, right? MS. PAYTON: Uh-huh. COMMISSIONER BERRY: Amazing. Page 47 September 14, 1999 MS. PAYTON: Well, it's not particularly well populated at this time, but -- COMMISSIONER BERRY: Well, neither is this other area. MS. PAYTON: Well, maybe in another assessment we ought to be looking at -- COMMISSIONER BERRY: Go farther up. MS. PAYTON: -- Northern Golden Gate Estates and the environmental values areas there and creative ways that we can protect habitat and flow ways. CHAIRWOMAN MAC'KIE: Any other questions for Ms. Payton? Mr. Corkran? MR. CORKRAN: For the record, Sewell Corkran, Naples. I've got three points to make. There are some people here that don't understand, there is a public interest in property, as well as a private interest in property. And sometimes government has to make a balance between the private and public interests. And that is a consideration here. I believe that North Belle Meade ought to be included. I say this in danger, because I know how much you guys love the U.S. Corps of Engineers. But to be honest, I read the paper either yesterday or the day before, a report on the Corps study. North Belle Meade was specifically cited as part of that study. My final point is, it's much better to err on the side of reducing. And Mr. Constantine, I think the chances are equally good of going in one direction versus another. But there is going to be a three-year assessment, and this is interim and it can change, and it's better to err on the side of protection, in my opinion. Thank you. COMMISSIONER NORRIS: Spoken as a true Socialist. COMMISSIONER CONSTANTINE: That's unnecessary. CHAIRWOMAN MAC'KIE: My goodness. COMMISSIONER CONSTANTINE: I wish Mr. Smith's comments hadn't happened 45 minutes ago, because I thought they were very succinct and crisp and clear, and they addressed the issues I think very, very well. The -- as far as Mr. Corkran's comments or Brad's comments, I don't -- I don't know this, I haven't researched it, but I bet we couldn't find one example in the State of Florida ever shrinking the size of an NRPA. I'm willing to go out on a limb and make that bet. And I bet there are dozens of examples where with additional scientific data, they have expanded NRPA's. And so I think the intentions are very good, I don't question anybody's intention there, but I think it's naive for anyone who has been through the process to suggest that we're going to draw some lines and if we can't support those lines later, we'll come back and shrink them. Because I don't believe it has ever happened in the State of Florida. I'm not going to just -- as long as we're going to go ahead and poll, I'm not going to support North Belle Meade. I think our Planning Commission was unanimous in not supporting Belle Meade, and there's probably some pretty good reason there. Even the EAC was split 4-4. There are virtually -- I think Bruce Anderson went through it in some detail. There is virtually no scientific evidence. And I think Page 48 September 14, 1999 the most compelling thing is the fact that it's cut off. And a couple of folks said well, you could -- quote, it could be reconnected. Well, yeah, you know, you could destroy all the buildings in Collier County and plant trees everywhere, too, but it's not going to happen. There is -- the closest 12 million dollar tunnel under 1-75, which was the approximate cost per tunnel under 1-75, is nine miles away. So if a panther wants to get from North Belle Meade to South Belle Meade or vise versa, he or she has an 18-mile jaunt down under the tunnel, across and back. You don't have interconnectivity there. There is nothing planned, there's nothing budgeted, there isn't any long-term plan to connect those back. And so I -- the idea of NRPA's, and the reason you've gotten support on the others that have already gone through is because they are valid areas that are connected and do need to be preserved and so on. But this is an area that's isolated and there's no scientific data to back up the need. CHAIRWOMAN MAC'KIE: I'm not going to make a long speech, but I'll just say that I support the staff's recommendation on North Belle Meade, and somehow those panthers are getting there. So if they're willing to make the 18-mile trek, then so be it, but '94 to -- COMMISSIONER CARTER: Well, that's because the Skunk Ape's giving them directions. COMMISSIONER CONSTANTINE: That's right. COMMISSIONER CARTER: My comment, I take a little bit different position on North Belle Meade. I came from an area in the northwest part of Chicago that was pretty similar to this, where you did have restrictions. And if that visualizer was back there, the individual properties, if one in five acres is what you can build on, what precludes -- I mean, I take the other side of this. That may go up in value if it's a natural environmental protection area. It does restrict development if you're going to go in and build large projects. But the individuals in there can still build their homes, they can still enjoy the environment. And who is to say that in time that may not become more valuable on that process. So I support staff on this, because I am not convinced that this is a bad thing to do. I'm looking at a bigger picture. I think I agree we need more study to finally know what the data is. But even when the bottom line comes in, if all these individuals in here wanted to build and enjoy this as a natural resource area and to live in it, you may be surprised. It may be worth more than what people might think. CHAIRWOMAN MAC'KIE: That's two to one so far. COMMISSIONER NORRIS: That's two to two, because if the state felt it was worthwhile keeping this a NRPA, they should have bought it when they had the chance and they didn't do that, they took it off their list; therefore, I'm taking it off of mine. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: I'll be glad to draw the line after we do the study, and if the study indicates we need to draw the line, then we'll draw them. Not until that time. CHAIRWOMAN MAC'KIE: Okay. So that's three to two to exclude a NRPA for North Belle Meade. Page 49 RESOLUTION NO. 99-362 A RESOLUTION APPROVING INTERIM AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP, GOLDEN GATE MASTER PLAN ELEMENT AND RELATED MAPS AS APPROPRIATE OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO: MAP NATURAL RESOURCE PROTECTION AREAS AND ESTABLISH PERMITTED LAND USES FOR THESE AREAS; PROVIDE FOR AN ASSESSMENT OF ALL RURAL/AGRICULTURAL AND CONSERVATION AREAS OUTSIDE OF THE URBAN DESIGNATED AREA, SOUTH GOLDEN GATE ESTATES AND THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN AND TO ESTABLISH INTERIM DEVELOPMENT REGULATIONS FOR THESE AREAS UNTIL THE ASSESSMENT IS COMPLETED AND THE GROWTH MANAGEMENT PLAN IS AMENDED ACCORDINGLY. SEP I 1999 WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find the County's EAR-based amendments not in compliance as defined by Section 163.3184(1 )(b), Florida Statutes; and WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to fined certain of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance; and WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned for a formal administrative hearing to review the EAR-based amendments found in non- compliance; and WHEREAS, the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing took place in May 1998; and WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and WHEREAS, the matter was considered by the Governor and Cabinet sitting as the Administration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administration Commission is authorized to take final agency action regarding whether or not comprehensive plan amendments are in compliance; and S EP 1 1999 WHEREAS, the Administration Commission, upon review of the Record of the administrative hearing, the Recommended Order including the Findings of Fact and Conclusions of Law contained therein also found the EAR-based objections and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to adopt Interim Amendments to the Growth Management Plan by September 14, 1999; and WHEREAS, Collier County has prepared and the Collier County Planning Commission has considered the proposed Interim Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 1§3.3174, Florida Statutes, and has recommended approval of said Interim Amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Interim Amendments, the DCA has thirty (30) days to review the proposed Interim Amendments and DCA must then transmit, in writing to Collier County, its comments along with any objections and any recommendations for modification, within said thirty (30) days pursuant to the Final Order of the Administration Commission; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed changes to the Interim Amendments, within thirty (30) days of such receipt pursuant to the Final Order of the Administration Commission. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that The Board of County Commissioners hereby approves the proposed Interim Amendments and any maps related thereto attached hereto and incorporated by reference herein as composite Exhibit A for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Interim Amendments prior to final adoption and State determination of compliance with the Final Order of the Administration Commission, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS Resolution adopted after motion, second and majority vote. Done this ~ day of~, 1999. ATTEST:. ,DWIGHT E. BROCK, Clerk · Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairwoman Marjori~M. Student Assistant County Attorney 1999 Resolution/June 22, 1999 Administration Commission's Final Order S£P 1 1999 Exhibit A-1 FUTURE LAND USE ELEMENT Policy 3.2: As,.,..,"""'. '-"..., +~',, ,.. ........ ~., ........... *~... ',.., .....,, ,.~,.....'"*" +~'"., ,.. The Land Development Regulations have been codified into a sinqle unified Land Development Code (Ordinance 91-102). Tthe development review process cheil bc has been evaluated and improved by +hc +'' ..... ""*"'" ~"- +hc ""'-'-'"'-" --' ' '--'" n .... , .....+ D .... ,..+:.-....- ......................... ~, .................. ~. .......... ~ ......... p~r,s'--'cnt to ~,1......,,,-... d~o o,')n,') c o , ;.-,..,,,.~; .......... .,-.-,..,-,,.. ,~CrC+C t .......... +.. ,.h-,U to fOCUS on efficiency and VI lU~VI I ~ViViVlI I i~1 II IVI~III~ Ul I~ ~1 IlVl I~1 IIVI I~V ~1 I i RIII I~IV~VlII~I I~V VI lull effectiveness through unification of all review staff in a single organizational unit and through -a streamlining ef procedures Aisc ........... , ..r...,, r..............~ ...., .... ,.'......,, ....... ;..,.., .,.,.~ n .... , ..... , = .... ,..,........ OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed ~ Master Plan for Golden Gate Estates chcI~ has been developed and was incorporated into this Growth Management Plan by ^ ...... * ............ , .,~=..,.. in February, 1991. The ~""*--- Master Plan """'~ addresse..~s Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Policy 4.2: A detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housing, Urban Design, Land Development Regulations and other considerations. Major purposes of the Master Plan shall be coordination of land use and transportation planninq, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the community's character 17 Shaded and underlined portion is added; shaded and struck-through portion is deleted 1 1999 Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January, 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4.,2- 4: Corridor Management Plans `cbc!! have been developed by Collier County in conjunction with the City of Naples. and,,,...., ~.v,_.~.." ........ *'-"~ ,,;"*",. .. *~'""., ,,~ ...,.. ~ ..... .. ...,, ,-,.~,,...~--,.~A ........ , .. , ,.4. Pbn ..j~"'. ^,. ~ ,. ., ,,4. ~.,...nn~,. The Plans ..,"k"",...,, ~dentity appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans `chc!l have been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridqe Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard ^ '"'"; ........... ' *~' ..... ;'""' '" .... ~'"" ~'" "'""""""4.; ...... '~' '"4.;"" "' ..... " ..... ""4.""4. "';'~'.. ,.,, *~'., ,.. ........ ....,, ,,, ,.., ,,..;*'""....,"",..., .... ,.......,4."'. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The .qoals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridqe Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. ,,v~..., Policy 4-,3_5: An Industrial Land Use Study `chcll has been developed and a summary incorporated into the support document of this Growth Management Plan. ~-" thc r. ...... ..~., n .... , ..... 4. ~............. r-,:.,;........ ~... o....4......~.... -1-98&~. The study `cbc!! includes a detailed inventory of industrial uses, projections of demand for industrial land. and recommendations for future land use allocations and Iocational criteria. ^'''' "'~';'--'4." ..... · ,,.j v.j..,v,.,..., v, , v,,vj, ,..,.; H.-,,-, ('3_ .... ,d.l-, kA ........ 4. r~l,.,.,. ,4. ..-;.,N,-. +t~,,-, 4~C~"~ .... ,-4,-,-,,-,,.,4. .... I,~ Thc ~..i.,,·.4,, ,.,k,-,ll ~-, ..... A".q,N4.,N,-4 ,,,;+iN 4.k,N c ..... :.. n .... , ..... 4. r. ..... . ..~ r,......, r- .... ,., Upon completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. mn ,wn ;v,n Policy 4.4 6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map :h:l! have been developed and incorporated into the Collier County Land Development Code. by The intent of the.cc Access Management Plans racy bc is defined by........, ......, ,,-,,-.,';"~'"'4,---.....,,' ...;....,~ the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions which are created shall be encouraged to dedicate cros s-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are complied with. 18 Shaded and underlined portion is added; shaded and struck-through portion is deleted Policy 4.7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Proqram, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.6_8: Maintain and update, on an annual basis, the following demographic and land use information: E-e_xisting permanent population, existing seasonal population, projected population, existing dwelling units ,..and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. Policy 4.9 Prepare a Rural and Aqricultural Area Assessment, or any phase thereof, and adoptplan:~3mendments necessary to implement the findings and results of the Assessment, or any phase thereof, Pursuant tothe Final Order (AC-99-002) issued by the Administration Commission on June 22, 1999; The geographicscope of the assessment area, public partiCipation procedures, interim development provisions, and the designatiOn of Natural Resource Protection Areas on the Future Land Use Map are described in detail in the Agricultural/Rural Desiqnation Description Section. Policy 4.10 Public oarticipation and input shall be a orimary feature and qoal of the planning' and::assessment effort Representatives of state and reqional agencies shall be invited to partiCipate and assist ill the assessrnent. The County shall ensure community input throuqh each phase of the Assessmentwhich may includR workshops, public meetinqs, appointed committees, technical working groups, and established advisory board- including the Environmental Advisory Committee and the Collier County Planning Commission in each phase of the Assessment. OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. 19 Shaded and underlined portion is added; shaded and struck-through portion is deleted S£P 1 1999 Policy 5.1: All rezonings must be consistent with this Growth Management Plan. ~'. ............'~ ,.......,...., .-------.--,-...--..---"' .... , ..... ,.. t,-,,~. --.--,'r'~ Property zoned...,~...~.~.'~ prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted tc ...... ~,.~.. to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5 11 PUD t~,.,.,,,.~...... ....*" * .... '~ ..... * ........ · '~'"~ ...... "'~ ..... *" ""'~ """'"~ are · · v .v, , ,~.~:~,, ~.~,.~,,~.~ ..~ · ,.4, ~.~ I""" not increased r-~, ..... , .....',~-...*-'-., -.-..-'....- ,,;.-*-:.-* .... ~,;.-~ .... *.'~,,* .... .~,,,-,~..,. ~.. ,~,....-.',. .... .',, .,,.... h,-, Policy 5.2: All proposed development shall be reviewed for consistency ccmpllc.qcc with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners !nccmpctlb~c shall not be permitted. 19.1 Shaded and underlined portion is added; shaded and struck-through portion is deleted SEP ! a 1999 Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accesso~ to Industrial or Business Park uses. The C-5, C~ and PUD Commercial Zoning Districts alon~ the perimeter of the designated Urban - Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrial y designated areas shall have access to a road classified as an aderial or collector in the Tra~c Circulation Element, or ac~ss may be provided via a Io~1 road that does not se~ice a predominately residential area. Intensities of use shall be those related to: a. Manu[acturing; ~ro~ssin~; c. Storaqe and warehousin~i d. Wholosalin~ Distribution; High technology; Laboratories; Assembly; Computer and data processing; Business services; Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial usesI such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with Iow structural density where buildinq coverage ranges between 25% to 45% and landscaped areas provide for bufferinq and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. Vi)Il. AGRICULTURAL/RURAL DESIGNATION Rural & Aqricultural Area Assessment The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999~ issued the, FinaF Order (AC-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Divlsi0r~ of Administrative Hearing .Cas~ No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Aqdcultural Assessment (Assessment). This Assessment may be phased. 46. Shaded and underlined portion is added; shaded and struck-through portion is deleted SEPt 1999 The Geographic Scope of the Assessment Area shall be as follows: Includes: All land designated Agricultural/Rural Big Cypress Area of Critical State Concern Conservation lands outside the Urban Boundary Excludes: South Golden Gate Estates All Urban desiqnated areas Northern Golden Gate Estates The Settlement District The Assessment, or any phase thereof, shall be a collaborative, commun ify-based effort with full and broad- based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: 1. Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of aqricultural lands to other uses, 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water reqime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessinq the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraqin9 development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villaqes, new towns, satellite communities, area-based allocations, cjustering and open space provisions anr~ mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantaqes of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic viability of a.gricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. Interim Development Provisions for the A,clriculturallRural Assessment Area Amendments based on the Assessment shall be completed by June 22, 2002. Residential andother uses in the Area for which completed applications for development approval, rezonin.q, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier CoUnty prior to Jun® 22, 1999, shall be processed and considered under the ComprehenSive Plan as it existed on June 22, :1999. If the County elects to address a specific geoqraphic portion of the Area as a Phase of the ASsesSmenti' the interim land us,~ controlS Shall be lifted from the ~pecific geographic area upon cOmpletion of the aPPlicable'; Phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becomirl.q effective. Until phase thereof, are in effect, the only land uses and develoPment allowable in the area Shall be thoseisf~t forth 22, 1999 for the Agricultural/Rural District, except the following uses are prohibited and shall not' be allowed' 1. New golf courses or drivinq ranges. 2, Extension or new provision of central water and sewer service into the Area 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housing directly related to support farming operations, or staff housinq (12 du/ac) and other uses directly related to the management of publicly-owned land, or one single family dwellinq unit per lot or parcel created prior to June 22, 1999 46.1 Shaded and underlined portion is added; shaded and struck-through portion is deleted SEP 1 J999 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emer_clency power structures, fire and police stations, emergency medial stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and pdvate schools. 9. Collection and transfer sites for resource recovery. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. 15. Recreational Vehicle Parks These intedm development standards shall not affect or limit the continuation of existinq uses. Existinq uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existinq uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary 'to the existing use and do not require a rezoning or comprehensive plan amendment; Natural Resource Protection Areas (NRPAs) The following areas shall be qenerally mapped and identified as Natural Resource= protectiori Areas {NRPA~); Camp Keais Strand, CREW Lands, Okaloacoochee Slough, Belle Meade and South Golden Gate Estates. Natural Resource Protection Areas (NRPAs} are desiclnated on the Future Land Use Map: 1. Within these areas, only aqriculture and directly-related uses and one single family.dwelling unit per oarcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not affect or limit the continuation of existing uses. Existinq uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999,,. The c0ntinuatiort of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoninq or comprehensive plan amendment; 3. The general location shall be identified on a map as the interim NRPAs and Shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. 4. The Camp Keais Stand and Okaloacoochee Slouqh NRPAs include aC~ricultural reservoirs (stormwater treatment systems) that function as significant wildlife habitat and: arean integr~l~ part ~f current ERP;permitting program, The Agricultural/Rural Land Use Designation is for those areas that are remote from the eXisting development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore .most allowable land uses are of 46.2 Shaded and underlined portion is added; shaded and struck-through portion is deleted SEP1 6 1999 Iow intensity in an effort to maintain and promote the rural character of these lands. A e~.m. ltcd =clc-',?,~cn cf Icnd and .......... · The following uses are permitted in this District, subiect to the Interim Development Pro~sions: a. Agricultural uses such as farming, ranching, forestry1 bee-keeping; b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non- conforming lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses1 qolf courses; e. Essential services as defined in the Land Development Code; f. Safety service facilities; g. Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subiect to all applicable State or Federal regulations. Communication and utility facilities, except for central water and sewer facilities as noted above; Mi.qrant labor housing as provided in the Land Development Code; Earth mining, oil extraction and related processing; Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal iurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Flodda State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and1 is not located within 11000 feet of a natural reservation; i; Commercial uses accessory to other permitted uses, such as restaurant accessory tb golf course or retail sales of produce accessory to farmin.q, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use; Commercial uses, within the Rural Commercial Subdistrict, based upon criteria; Industrial uses within the Rural - Industrial District; Travel trailer recreational vehicle parks, provided the following criteria are met: 47 Shaded and underlined portion is added; shaded and struck-through portion is deleted S£P ! a 999 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or roadway connection to the artedal road, with no access points from intervening properties; and, 3. The use will be compatible with surroundinq land uses. A. Agricultural/Rural - Mixed Use District gtco= =c:'c:. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. ~AI;~k;~ fk~ A~.;~, ,1~, ,~ll~, ,~1 RA;v~ I I~ ~;~;~ ~mM~f~;~l ~..~1~ ~.. ~ ~11~..,~ ~f~;~;~fl ~ The purpose of this District is to protect and encourage agricultural activities, conse~e and prese~e onvironmontallg sonsitivo aroas, provido [or Iow donsi~ residential d~volopm~nt, and othor uses idontifiod undor tho ~qricultural/Rural Bosiqnation. lhoso aroas ~enorall~ lack public facilitios and so,ices. Hrbanization is not promotod, therelore most allowab~o land usos are of Iow intonsi~ in an offod to maintain and promoto tho rural character of thoso lands. Residontial usos are allowod as follows ~UB[~Ct to th~ interim dovOlo~montorovisions: a. kow donsi~ residontial dwollin~ units, at a maximum donsi~ of OhO dwollin~ unit por~.fivo ~ross acres, except for leflal non-conforminq lots of record., ,: b. Dormitories, duplexes and other staff housinq, as may be provided in conlunction with conse~ation uses, at a densi~ in accordance with the Land Development Code; : c. Group housin~ uses at a densi~ in accordance with that permi~ed in the Land Development Code; d. Staff housing in con[unction with safe~ se~ice facilities and essential se~ices, at a densi~ in accordance with the Land Development Code; e. Farm labor housinq in accordance with the Farm Labor Housinq provision in the Land Development Code; f. Recreation romps as defined in, and at the densi~ allowed by, the Land Development Code. 48 Shaded and underlined portion is added; shaded and struck-through portion is deleted S£P 1 1999 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met and subject to the interim development provisions: a. The proiect, or that portion of a larger project which is devoted to commercial development, is 2.5 acres or less in size; b. The proiect, or that portion of a larger proiect which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. The proiect is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The proiect is buffered from adiacent properties. Rural - Industrial District ........................................................... ~, ....... C," :R t- ............................... r.k.NII k.-. ,Nr..*.-~;4-F~NA ;n ~i~dN Ar.N~ .'N~c ~,':('Gf.'NI C:~("N4'r~ (N*'~n~..-.,-,'. E~*,* ~tl~..N n, ,r,.~..N.'. r. 4: :nf*Nrnp~N~:rNr, )~iq;~. ,Nr.l;~..~ ,'N;I ~nrl The Rural - Industrial District, which encompasses approximately 600 acres of existinq industrial areas outside of Urban desiqnated areas, is intended, and shall be reserved, for industrial type uses, subiefit to the ihte~iffi deVelopment Provisions, Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accesso~ to Industrial uses. The C-5 Commercial Zoninq District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service ~ predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this District, oil and gas exploration, drilling, and production shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: 49 Shaded and underlined portion is added; shaded and struck-through portion is deleted S£P 1 1999 Manufacturing; Processing; Storage and warehousinq; Wholesaling; Distribution; Other basic industrial uses as described in the Industrial Zoninq District in the Land Development Code; Support commercial uses, such as child care centers and restaurants. C. Rural - Settlement Area District This Distdct consists of Sections 13, 14,231 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the use-~ sDecified in that certain "pUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area in commonly known as Oranqetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards. 50 Shaded and underlined portion is added; shaded and struck-through portion is deleted SEP 1 1999 III. ESTATES DESIGNATION The Estates Land Use Designation c;c encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from support ive services and facilities. Expansion of the area ';:!!! shall be discouraged. (V!)Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. IV. CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays and wetlands deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County owned, primarily, by the public, although private in-holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Ba.y National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Auduboln Corkscrew Swamp Sanctuary (privately owned) o ,.. .. '" .. ..~ .. ~,.. '" .... , .....* "~ thccc ..... ' .... '" Society's ................... ~. .............. crc .... .., in *~'" '"'"""""'"*""" an'" r,...,,.,.., ,,...........-...,., =,...-.....,, ....'" ,~... ,'-..,,,.,,,,,., ....., r,...,..,..........., o....,,,..,.'...... -r~,.. ..... ;-"'" The boundaries of the Conservation Designation ........ ,~,,cy ,., ......... j ...... ~.. ,.... ~., .-.~. may periodically change as properties are acquired. Standards for development in the Con,s. ervation Designation are found in the Conservation and Coastal uanaqement Element and the COunty s Land Devel°Pment Regulati°nsi The c°nse~ati°n Designati°n Will: accommodate limited residential development and fUture nOn,residential uses! Th:e f0110winp: uses are permitted in this Designation, subieCt to the interim development provisi0ns !=d~tifle~ In~.the AdtiCUltUtaltRUml Designation DeScription section: ~ ~ ~ Single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in-holdings within the Big Cypress National Preserve - each dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre pamel for private in-holdings within the Big Cypress National Preserve. Dormitories, duplexes and other staff housinq, as may be provided in coniunction with conservation uses, at a density in accordance with that permitted in the Land Development Code; 51 Shaded and underlined portion is added; shaded and struck-through portion is deleted SEP 1 1999 Group housing uses at a density in accordance with that permitted in the Land Development Code; Staff housing in coniunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; Farm labor housing in accordance with the Farm Labor Housinq provision in the Land Development Code; Recreation camps as defined in, and at the density allowed by, the Land Development Code. Essential services as defined in the Land Development Code; Parks, open space and recreational uses; Community facilities such as churches, group housinq uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subiect to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subiect to all applicable State or Federal regulations. Commercial uses accessory to other permitted uses, such as restaurant accessory to operation of a Park or Preserve; Safety service facilities; Utility and communication facilities; Earth mining; Agriculture; and, Oil extraction and related processing. V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern {ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Biq Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 2-7-;-3 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern .... *~'" '~'" .... ;'~" .,..,.~..,; ...... ~.;..~., ............... .. ,.;,.,;,,,.. -r~,., Those regulations include the following: 52 Shaded and underlined portion is added; shaded and struck-through portion is deleted S£P ~ ~ ~999 [ 91;' I SL~ I I S6t~ I J o:f SOSl lvf¢~c° ~ ~ Exhibit A-2 Golden Gate Area Master Plan · b-Site shall be no closer than ½ road mile from the intersection of a Neighborhood Center; · o~-. Site shall be 2.5 acres or more in size and shall not exceed 5 acres; · d=. ~ Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; · e=. Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and · Site shall not be adiacent to parks or open space and recreational uses; · Site shall not be adiacent to Essential Services, except for libraries and museums. · Project shall provide adequate buffering from adjacent properties allowing residential crccc uses. ~ ~ ..... U .... : ..... k;,,k .~.~..~¥ .',-.,.h ,,4,-. +h.., .~....11 .... :,.,,-,. ~'.-.,-..,;I,. ~'" .-, ..,., r'.-.....;I;h, ~ ..... f'~ .-.. ,-.., I~..~llh, /'~.-,r~ I Inlf~. ,.-,,,.~.1 I I,-k,.,,,..~ P,,.~...~,.~,.,~,,.-..,.~.,;~I r~;,..,.I.,,.;,.,.I.~. ,,....k;,..~,,,,l. ,1.,.., ,l.k,.,~ ,,,I,,~,fi,-,,;H,..~,-,.,., ,.,,.,.~,,..I ..,-,,.-,, .I,.,,.H,,.~.,~,.., ~. ,,., .,H;,,.~,...,,,4 ;.,~ .FI,~ I'~ll;~r /"~.~ ,,i,,~ I ,,.~,,.~4 · = :the Gotder) Gate Area Future Land Use Map. Natural ReSource Protection Areas (NRPAs) are designated .on: the Golden Gate Area:Eand Use Map: 1. Within these areas, only agriculture and directly-related uses :and 'One single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be alloWed; 2. These interim development standards shall not be interpreted to affect or limitthe;continuatiQri:~of existing uses. Existing uses shall include those uses for which all required permits: have beerl issued, or uses for which completed applications have been received by the County prior to Jurle 22, 1999, The continuation of existing uses shall include expansions of those uses if such exPansions are consistent with or clearly ancillaw to the existinq use and do not require a rezonin.q or comprehensive plan amendment; 3. These areas shall be refined as actual data and analysis is made available dUriR.q the Collier County Rural and Agricultural Area Assessment. 3. AGRICULTURAL/RURAL DESIGNATION - SETTLEMENT AREA DISTRICT Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This area is now known as the Orange Tree PUD and the types of uses permitted are described in the PUD Document. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the property as an area which is outside of the Urban Designation and which is currently far removed from supportive services and facilities. Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justifying similar uses on surrounding or adjacent property. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. 35 Shaded and underlined portion is added; shaded and struck-through portion is deleted MAP 2 SEP~ ~ 1999 GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND INFiLL COt~MERCIAL LJ ~TTLEMENT AREA URBAN RESIDENTIAL ~1~ ~ C~RCIAL OlS~CT ~ ~ NAPLF-~ IMMOKALEE ROAD GOLDEN OATS WHITE BLVD. {I GOLDEN GATE PARKWAY I~OFEglIONAL COIIJEIIClAL DIgTRICT DAVIS BLVD. EXT. S.R.-84 GOLDEN GATE AREA FUTURE LAND USE MAP R AHDALL BOULEVARD COIIBERCIkL DISTRICT I~mlBouLEVARD NAPLES IMMOKALEE ROAD $.R.-84 I OIL WELL ROAD BOULEVARD I FUTURE LAND US~ MA~ ADOPTED - F[BF~U/,RY, 1991 AMENDED - MAY 19. 1992 AMENDED - MAY 25. 199.], AMENDED - APRIL 12, 1994 AMENDED - MARCH 14. 1995 AMENDED - OCTOBER 27. 1997 R28E September 14, 1999 Item #10M PRESENTATION BY FRED DUDLEY REGARDING FLORIDA COALITION OF COASTAL COMMUNITIES - APPROVED COMMISSIONER CONSTANTINE: Madam Chair, I know we've got a couple of these left. Senator Dudley is here with us. He's got to leave shortly after noon, and he had an item he's come all the way down from Tallahassee for, and I wondered if we might take that. I don't think it's more than a five-minute item. But just as a courtesy to him if we might take that out of order. CHAIRWOMAN MAC'KIE: I guess -- COMMISSIONER CONSTANTINE: Otherwise, the point is moot, because he's got to leave. CHAIRWOMAN MAC'KIE: Is it something that's time sensitive, has to be this week? Because a lot of people are waiting. I mean, I'm a little nervous about saying everybody wait while we do that. What's the rest of the board think? COMMISSIONER BERRY: I'd just as soon hear it, because I don't think it's going to take long. CHAIRWOMAN MAC'KIE: Is that all right, let's just -- COMMISSIONER CARTER: Fine, let's hear it. CHAIRWOMAN MAC'KIE: -- pause. We'll change court reporters. COMMISSIONER BERRY: It might give everybody a little break. CHAIRWOMAN MAC'KIE: Okay. We'll change court reporters, we'll take a two-minute break and then we'll hear from Senator Dudley. (Recess.) CHAIRWOMAN MAC'KIE: Okay. We're going to call the meeting back to order. We do appreciate you being here. It's been suggested, Senator Dudley, that the record should reflect you're here from Tallahassee to help us. SENATOR DUDLEY: Madam Chairperson and members, thank you for this opportunity, as my law partner refers to me now as the formerly honorable, but I am honored to be back in my birth place for a couple of days this week. We have formed the Florida Coalition of Coastal Communities. As you know from your work through the Florida Association of Counties, which has grown into a good viable organization, they developed two caucuses. They have a rural caucus made up of counties of less than 75,000 in population. A lot of people in this room came from cities bigger than that. But, in fact, there are several dozen counties in Florida that are that small. They also house an urban caucus made up of the larger counties such as Dade, Broward, Palm Beach, essentially the top five or six. They speak very well for all of the counties when it comes to the relationship between state government and local government, in my view. They speak very well for the urban counties through their urban caucus and extremely well for the rural counties through the rural caucus. The counties that are left out of that process are the mid-size counties, and in this case, those that are coastal in nature, who are bearing 80 percent of the impact of population growth in this state, which means from tourism and from residents moving in, the impact on Page 50 September 14, 1999 transportation, the impact on emergency services, none of which I hope we have to fully activate this week on this coast, and that is the reason that we have, on behalf of Bay County, formed this coalition. Currently the coalition, which has just been founded and has been in existence now for two months, consists of Bay County, Escambia, Santa Rosa and Okaloosa Counties. You might recognize those as lower Alabama. Those are the four counties in the extreme panhandle of Florida, joined by now Charlotte County, and last Thursday, by Monroe County. Monroe, at 85,000, is just over that rural line. We're here today to invite Collier County to join that coalition. I will be leaving in a few moments to go to Sarasota at their request to be there for their meeting at 1:30 to do likewise. And unless Martin has cancelled today, and I wouldn't be surprised, they have it on their agenda as well. So with that, I'll be happy to answer any questions. CHAIRWOMAN MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: Some of you -- in fact, all of you should have received a memo from me, and I stated my concerns about spending the money that was indicated to join this particular group. After I thought about it, and I spoke with Fred yesterday, and in the meantime, my memory came back, and I remembered that when I was on -- in my former job of being on the school board, we formed -- I was part of -- or Collier County is part of the Florida consortium of school boards. This was a group of counties who were property rich, pupil poor counties that frankly received very little concern from the state when it came to issues that we thought really impacted us. Fred and I had a good laugh over this, because it actually started in Dade County. Well, there was no comparison at the time that it started to -- when it -- it still is -- is operating; however, there is something to be said about the coastal group, and that, to me, is the most compelling reasons, because of the tourism aspect of this and the impact on our county from this particular part of it. And when I spoke with Fred and we kind of talked more about the emphasis, which is something we would develop as a coastal county, it became clear to me that, in addition to FAC -- and the same thing was true with the Florida School Board Association. The smaller counties interior do not have any clue as to what coastal counties in many cases experience in terms of growth and that kind of thing. From that standpoint, I wanted to speak first and tell you, since I had sent that memo out to you, that I am going to retract what I said in thinking this through a little more thoroughly. But my first thought was, I didn't think I wanted to spend the money, but I do see some benefit when they're talking the counties that they're talking, because the panhandle counties are also experiencing the tourist impact as much as we would be down here, so I think there's -- COMMISSIONER NORRIS: COMMISSIONER BERRY: considered here. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Motion to approve. -- I think there's something to really be A motion -- Second. Motion and a second. motion? Ail in favor, please say aye. Opposed? Discussion on the Page 51 September 14, 1999 (No response.) Passes unanimously. Thank you, Formerly Honorable. SENATOR DUDLEY: Thank you, and thanks to everyone for their patience. I would ask you, sometime between now and two weeks from today when we have our first board of directors' meeting, that you designate one of your own to serve on the board so that we will -- and we'll work through your county manager as we've been doing. Thank you. CHAIRWOMAN MAC'KIE: All righty. COMMISSIONER CARTER: Madam Chair, what I really like about this is that each county has a representative, one board member, equal vote, and they're the ones that are going to control this process. You know, we went through this dues process with FAC, and we were kind of left out. But in this one, we would have a much bigger vote in our destiny, and Senator Dudley has assured me that they have scoped this out, that we're not looking at a huge investment, but we're looking at a big return. COMMISSIONER BERRY: Well, and don't forget too, we are still part of the Florida Association of Counties. COMMISSIONER CARTER: Right. COMMISSIONER BERRY: We're not -- we're not abandoning that, but we're getting a little more specific in our focus, and I think that is where we need to be. COMMISSIONER CARTER: And they said they would work in concert with FAC. COMMISSIONER BERRY: Right. COMMISSIONER CARTER: So I'm comfortable with it, and I think it's a good move on the commission's part. CHAIRWOMAN MAC'KIE: Great. Okay. Just for the benefit of the people who are waiting on items other than those comp. plan related items that we're taking out of order, we have two natural resource protection areas to consider, we have committees to appoint, and then we have a short discussion with information from Commissioner Carter about potential mediation or other facilitation of the process. Is there -- are you awake enough? Are you too starving to get all that done before lunch? COMMISSIONER BERRY: It depends. COMMISSIONER CONSTANTINE: What we might do, considering we have to try to wrap up by four today, is let's go another half hour, 45 minutes, and then just take a shorter lunch than usual. CHAIRWOMAN MAC'KIE: Yeah, I was -- COMMISSIONER CONSTANTINE: Take 20 minutes or 30 minutes and get right back to work. CHAIRWOMAN MAC'KIE: I was hoping we'd just do a drive through lunch, sorry. And then what I want to tell is, I think there are people here on completely different items. There's no chance we're going to be hearing those before the lunch break, so you would certainly be safe to leave and come back, 12:30 or 1:00. More like 1:00 or later, probably. But I just wanted you to know that so you could -- you could get a whole lunch hour instead of the little one we're going to take. Okay. Natural resource protection area. Which one first, Camp Keais or -- Page 52 September 14, 1999 MR. LORENZ: The Camp Keais and Okaloacoochee, these were the two years that the Planning Commission and the AC took up and that basically -- CHAIRWOMAN MAC'KIE: If I could ask you to leave quietly though, because we're -- we've got a really important item here. These two we could look at together -- MR. LORENZ: Basically took together, and the eastern property owners have a map, so you may want to consider just reviewing these together. CHAIRWOMAN MAC'KIE: We will. MR. LORENZ: -- as a possibility. The proposed boundaries are what, staff's boundaries are what you see on the visualizer. The Environmental Advisory Council for the Camp Keais area, the vote was four to two with one abstention. That requires an affirmative vote of five votes for the AC to take -- COMMISSIONER CONSTANTINE: Four to two, which way? MR. LORENZ: -- to take official action. CHAIRWOMAN MAC'KIE: Four to two in favor of? COMMISSIONER CARTER: In favor of what they needed. MR. LORENZ: In favor of Camp Keais, and the Okaloacoochee was five to two with one abstention. CHAIRWOMAN MAC'KIE: As defined by staff. MR. LORENZ: Yes, that's correct. CHAIRWOMAN MAC'KIE: Okay. MR. LORENZ: What you see -- what you see here. The Planning Commission recommended that the, for the Camp Keais and Okaloacoochee, that the board accept the property owners' proposal. And there's the comparison between what staff is recommending and the diversion that we have from the property owners, the digitized version that we received from them, in green. So this would be the -- this would be the, if you will, a side by side comparison of the two maps. COMMISSIONER CONSTANTINE: What was the vote on the Planning Commission? MR. LORENZ: It was unanimous, except the property owners' -- COMMISSIONER NORRIS: Property owners. MR. LORENZ: -- proposal. I also -- also must note, too, that in my discussion with Jim Beaver about the letter of September 2nd, his comments to me were that he would provide comments to DCA to accept the prop -- the county's proposal and would provide adverse comments, or he would not recommend the property owners' proposal again. Those would be comments that he would forward to DCA. This is not in writing at the moment, but this is the basis -- I think you just need to have that information. COMMISSIONER CONSTANTINE: And just to be clear, his role in this is? MR. LORENZ: A commenter, an agency commenter to the Department of Community Affairs staff, and DCA would then make the recommendation or make the determination through the -- through the ORC report and then, of course, the final adoption. COMMISSIONER CONSTANTINE: And I understand he's not, but I want to make sure everyone in the public under -- he's not a DCA staff member? MR. LORENZ: That's correct. Page 53 September 14, 1999 CHAIRWOMAN MAC'KIE: Do you have -- have you had any discussions with any DCA staff people who could -- do you have an opinion about whether or not the governor and cabinet would agree to the narrower property owner drawn lines? MR. LORENZ: My judgment is, talking with DCA staff, is that they would not go with the narrower property lines. CHAIRWOMAN MAC'KIE: And that recommendation then -- assuming that's correct and assuming we adopted a narrower line, then they would recommend to the governor and cabinet that we be found not in compliance with the order? MR. LORENZ: Well, we would -- this is the transmittal hearing that we're having today. We would get the ORC report from them where we would know exactly -- they would have to put down in writing what their objections and recommendations would be at that point. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: May I ask a question? CHAIRWOMAN MAC'KIE: Yeah, of course. COMMISSIONER CONSTANTINE: To whom on DCA did you speak and get that opinion from? MR. LORENZ: Well, our discussion mostly revolves with past discussions from -- with Charles Stiller, Charlie Gauthier that we had as we were going through the March 9 -- March 19th Settlement Agreement. COMMISSIONER CONSTANTINE: So this is -- MR. LORENZ: Where we -- COMMISSIONER CONSTANTINE: These are not something that, in the last week or two weeks? MR. LORENZ: That's correct. COMMISSIONER CONSTANTINE: This is just what you -- MR. LORENZ: The DCA staff has not seen this, or I haven't had those discussions with them on these specific proposals that you have on your visualizer. Simply the basis of conversation that we had leading up to the settlement agreement would lead me to believe that they would not go with -- COMMISSIONER CONSTANTINE: Thank you. CHAIRWOMAN MAC'KIE: And Bill, one other question of mine, and that is, I have no doubt that the lines proposed by the property owners show the wetland habitat thoroughly. In the -- in the final order, is that the only characteristic, or are there others that are to be included in determining the boundaries of NRPAs? MR. LORENZ: Well, the final order is also based upon or accepts the findings of Judge Meale's recommendations. And Judge Meale's recommendations uses extensively the information contained in the Gaps report, which not only looks at wetland systems, but also other types of habitats and it also references the panther Priority I and Priority II habitats. CHAIRWOMAN MAC'KIE: So in the property owners' lines that they've drawn, do they include anything other than wetlands? MR. LORENZ: Yeah, they do include some upland habitat in their lines as well, so it would not be correct to say that their proposal is strictly wetland. CHAIRWOMAN MAC'KIE: Thank you. Page 54 September 14, 1999 MR. LORENZ: I believe they have a table, they probably can share with you the exact percentages. I've got a table as well, and if you need that for comparison, we can put that on the visualizer. CHAIRWOMAN MAC'KIE: Okay. So is -- Commissioner Constantine just suggested, and I think it's a good suggestion, that we have basically a presentation from each of those two sides. Maybe we could hear, first of all, from the representatives of the property owners, the Eastern Collier Property Owners, having heard a presentation from staff, to kind of paint the picture, assuming we're choosing between A and B. COMMISSIONER CONSTANTINE: Compare and contrast. CHAIRWOMAN MAC'KIE: There you go. COMMISSIONER CARTER: Before we do that, am I remembering correctly, there actually were three proposals, there's property owners', there's staff, and the Conservancy had one in here, or is that not correct? CHAIRWOMAN MAC'KIE: Dr. Guggenheim, is that -- yeah. It would be nice if we could see all three choices at this juncture. Maybe you could put that on the visualizer. And Bill, could you help us put that on the visualizer. DR. GUGGENHEIM: Madam Chairwoman, for the record, David Guggenheim with the Conservancy. I just wanted to say that the Conservancy, Florida Wildlife and Collier County Audubon did, indeed, come up with their own NRPA boundaries. That's on the map that you're receiving there. They are somewhat wider than the county staff's boundaries, but we followed very similar scientific processes as county staff and, therefore, we support the county's -- county staff's recommendation for the far east portion of the county in terms of NRPA boundaries for both Camp Keais and the Okaloacoochee Slough. CHAIRWOMAN MAC'KIE: So initially you had proposed something larger, but you're compromising with the staff's recommendation? DR. GUGGENHEIM: That's correct. CHAIRWOMAN MAC'KIE: Okay. DR. GUGGENHEIM: For the Conservancy. CHAIRWOMAN MAC'KIE: And he speaks for the Conservancy, the record's been corrected. Okay. If we could hear from the Eastern Collier Property Owners. MR. JONES: Good morning. For the record, my name is Tom Jones, and I'm representing the Eastern Collier Property Owners. That's a group of agricultural landowners in eastern Collier County. It's comprised of Barron Collier, Collier Enterprise, Consolidated Citrus, Pacific Tomato Growers, Alico and Jack Price. Collectively, our group owns approximately 165,000 acres out of the 185,000 acres in eastern Collier County. If you could refer to the aerial map, what we're calling eastern Collier County is generally the private area east of Golden Gate Estates. The final order says to draw general boundaries around Camp Keais and the Okaloa Slough and define them as natural resource protection areas. In the Camp Keais NRPA area with the approximate headwaters around Lake Trafford, coming down through Camp Keais Strand into the Katherine Island area, we have identified approximately 30 square miles of area to be included within the NRPA boundary. Page 55 September 14, 1999 In the Okaloacoochee Slough area starting near the Hendry County line and moving south down through the slough into the Big Cypress National Preserve we have included approximately 24 square miles. All told, the two NRPA boundaries proposed by the landowners are approximately 54 square miles of private property, approximately 35 to 36,000 acres. Our private property is going to be used to help solve Collier County's growth management issues. There is no compensation on the table being discussed. What is being discussed today here is how much of our property is going to be necessary to satisfy the final order for a general NRPA boundary, a NRPA boundary that I believe should be drawn through the assessment period as data is analyzed. We've put 54 square miles, 35,000 acres, of private property into a general natural resource protection area in the Camp Keais and the Okaloa Slough area. Fifty-four square miles is not an insignificant area of private property to be voluntarily put into this NRPA designation to meet the requirement of the final order. The ag. owner -- the ag. landowners proposed a study for the area. The ag. landowners proposed a moratorium for the area. These concepts were both adopted by the governor and cabinet. Today we are proposing 54 square miles to be included in the general NRPA boundary for Camp Keais and the Okaloa Slough. The lines that the -- the green line that we've drawn down the Camp Keais area does not include our farmland, it does not include our water retention areas. What it does include is a line around readily described natural features. The county line, which is pink on this aerial photo, and you can see it on the other map as well, does include significant agricultural farmlands and does include surface water management systems. The blue cross-hatched areas on your map and on these two maps are the surface water -- or storm water management systems associated with these farming operations. In the Camp Keais area, the county staff has proposed a NRPA that includes almost 15,000 acres of farm fields and storm water management systems. Also in the Camp Keais area, we have identified 2,200 acres of uplands, opposed to the county's 5,400 acres of uplands. Our NRPA line in Camp Keais does include upland -- potential upland habitat. If I could address these storm water management areas in a little bit more detail, and again, those are the blue cross-hatched areas, these storm water management areas encompass both upland and wetland vegetation. They may provide habitat for listed species, but they are undoubtedly an integral part of our farming infrastructure. They are permitted by the South Florida Water Management District, and they are protected by those permits. If we wanted to change the use of these areas from storm water management to some other use, it would require a permit modification from the South Florida Water Management District which would be -- which would be reviewed by the Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the Florida Game and Fish. I would ask your indulgence, since we are taking both these areas together. CHAIRWOMAN MAC'KIE: Sure. MR. JONES: Thank you. Page 56 September 14, 1999 It is not practical to expect these storm water management areas to be changed from their -- it would not be practical to expect these storm water management areas to be changed to a more intensive use from their existing permitted use while under a moratorium during the assessment period. I don't believe it's practical to expect that in these surface water management areas, that we could slip in a mining operation during the moratorium. CHAIRWOMAN MAC'KIE: That's pretty safe to say that. MR. JONES: In addition to the permitting issue related to the storm water management areas, you need to consider a second issue, and that issue is related specifically to the Okaloa Slough. You'll notice on the map that I've given you that we've outlined the area of critical state concern designation in red. The area of critical state designation -- the area of critical state concern designation allows us to continue to farm in this area. It also allows to develop 10 percent of the property. Under the existing moratorium, that 10 percent development potential is gone, and what we are left with is an agricultural exemption. The same type of exemption that would be existing under a NRPA boundary; therefore, if it is protected under the area of critical state concern designation, we would submit that it is not necessary to have an extensively drawn NRPA within the area of critical state concern. Again, in the area of critical state concern, we have identified 24 square miles, 16,000 acres, of private property. To summarize, we have identified 54 square miles of private property to include in the general NRPA in Camp Keais and the Okaloa Slough. We believe the permits issued by the state governing our storm water management systems in Camp Keais, we believe that the area of critical state concerned designation in the Okaloa, and the state imposed moratorium adequately protect the farmlands and our storm water management systems beyond the natural resource protection area boundary. NRPA -- the first word in NRPA is natural, the last word in NRPA is areas. I don't believe that at this stage of the assessment process that our farmlands and our intensively managed storm water management systems can be defined as natural areas. And I'd ask you to support the property owners' line that's been submitted to you this morning. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Questions? Commissioner Berry, Commissioner Constantine. COMMISSIONER BERRY: Mr. Jones, can you tell me according -- you have indicated 54 square miles. What's the difference between the mileage on yours and our staff recommendation? MR. JONES: The staff recommendation is approximately 81,000 acres. Our recommendation is a little over 35,000 acres. Our area encompasses approximately 20 percent of the assessment area, and the staff's recommendation, I believe, approaches somewhere around 47 to 48 percent of the assessment area. CHAIRWOMAN MAC'KIE: Commissioner Constantine, you had a question. COMMISSIONER CONSTANTINE: On the maps, and maybe if you could get the handheld microphone over there and just point and show me. But north of Immokalee Road by numbers 23 and 24 there on the left-hand side, it's fairly narrow, what you've proposed in the green. Page 57 September 14, 1999 Can you tell me in the pink what the county has proposed, county staff has proposed, out beyond that, what all is there? What is in that area that goes out to the east, I guess, of where the -- your lines are? MR. JONES: What we have in this area is the crossing for the primary flow-way of the Camp Keais Strand under Immokalee Road. This area here is an intensively farmed area. As a matter of fact, we are coming in with tomatoes in the near future here. This area here has CHAIRWOMAN MAC'KIE: Katie, could you tighten up on that? MR. JONES: Pardon me? CHAIRWOMAN MAC'KIE: I was just asking if the camerawoman could tighten up so we could see what you're pointing to a little better. MR. JONES: This is farmland, all this in here. This area here is in pine uplands, and we do have a permit to develop that for farmland. We've chosen not to develop that area for farmland. These two large blue areas are bisected by Immokalee Road and they are both parts of the storm water management systems under different ownership patterns. This one is owned by Barron Collier. This is owned by the Saranoa (phonetic) Group in that area. This is all farmed land in here as well. This is all part of the Manatee Fruit Gladiola operation in these two areas here. COMMISSIONER CONSTANTINE: I'm going to have a similar question in just a minute. But Mr. Lorenz, why then, if that is heavily farmed and so on, why in that particular area do we have the jog out? Why such a difference between the green line and the pink line there? CHAIRWOMAN MAC'KIE: Katie, we need go back to the visualizer now. Thanks. MR. LORENZ: This is the map of the land cover. I believe the area that you're speaking of is right in here. The green is wetlands. CHAIRWOMAN MAC'KIE: You move over a little bit on the visual -- back it up somehow, because we can't see. Nope, the other way. Thank you. COMMISSIONER CONSTANTINE: Kind of looks likes an amoeba. MR. LORENZ: So what we attempted to do is drawing that NRPA boundary out to the east, was to pick up those wetlands and put it all into one connected area. CHAIRWOMAN MAC'KIE: Tell us the wetlands you're trying to pick up. COMMISSIONER CONSTANTINE: Can we work off the same map? Can you come over here where Tom was and show us where the wetlands are on the aerial? CHAIRWOMAN MAC'KIE: So Katie, switch back. There you COMMISSIONER CONSTANTINE: Okay. Can you show me that on the aerial map? CHAIRWOMAN MAC'KIE: On the aerial map. It's basically the water management lakes for the farming operations. The staff's trying to include them, and the property owners are trying to exclude them. MR. LORENZ: That's correct. And the agricul -- those agricultural reservoirs do have habitat value, do you recognize that? CHAIRWOMAN MAC'KIE: Of course. COMMISSIONER CONSTANTINE: And Tom, if you go down to Oil Well Road, same question, just north and south of Oil Well Road to the west Page 58 September 14, 1999 CHAIRWOMAN MAC'KIE: Same. COMMISSIONER CONSTANTINE: -- I'm just curious if you can point out to me what is there. MR. JONES: Again, the blue cross-hatched areas west of the flow-way are a part of our storm water management system, and the cross-hatched red areas are farm fields. And this area has been heavily farmed for a long period of time in this area. CHAIRWOMAN MAC'KIE: And again, the distinction, Mr. Lorenz, would be that you were trying to include those permitted farm irrigation? You say. MR. LORENZ: Yes, trying to include those agricultural reservoirs that have habitat value. The wildlife and citrus study that South Florida Water Management District performed recognized that they do have value for listed species habitat. Some of this area, if you start looking at the panther plan, it looks at a habitat that's made up of a mosaic, and the mosaic is not only natural features, but also farm fields and range land. And so as a mosaic, as a connected set of land areas, this is important for wide ranging species. COMMISSIONER CONSTANTINE: And what's the impact if it's active ag. right now and Mr. Panther wants to run across there and we give it the NRPA designation, what is the impact of that? MR. LORENZ: Well, the impact of the NRPA designation would be that -- that can only be used for agricultural and agricultural-related activities and single-family residences. COMMISSIONER CONSTANTINE: The objection to that is? MR. JONES: We believe that the habitat boundaries, especially for listed species such as panthers, should be identified through the assessment. Right now what we're tying to -- what the staff is trying to do is define vegetable fields as habitat for panthers. A panther may run across there, but I don't know that we would classify that as habitat as it transgresses across that area. And I believe the bigger issues related to habitat should be addressed through the assessment. We've never denied that there is wildlife habitat on these properties, but what our concern is now, and I think two questions that would be fair to have answered from DCA or whatever staff in Tallahassee would be appropriate, if we're talking about what's prohibited in these areas, whether it's a NRPA or not a NRPA, how are those prohibitions in danger if we do not define these farm fields as NRPAs in light of the fact that we do have permits on these properties to manage these areas as storm water management treatment areas? The second point, I believe, is also relevant to the area of critical state concern designation. That's a designation that the state adopted over 25 years ago. It's only allowed to designate five percent of the State of Florida as an area of critical state concern designation. To my knowledge, most of the Okaloa area does not appear on any state acquisition maps, and I interpret that the State of Florida has deemed that this property is protected. If our so-called narrow boundaries are too narrow, then I think it would be fair for the State of Florida to tell us who owns that property, why the area of critical state concern does not protect this property and why these permits issued for these storm water management Page 59 September 14, 1999 systems also do not protect this potential habitat. And I think that's what we're dealing with is potential habitat. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: This is -- I get the distinct feeling in listening to this that the state can't come to an agreement and yet they're coming to the Board of County Commissioners -- this sounds like another issue that we've had before us and we're going to have before us again, that they can't make up their mind up there on what these should be, so we'll leave it to the Board of County Commissioners, and then we can always say, gee, our hands are clean. You know, your board in Collier County is the one that made the decision on this. Again, I'm going to go back to, in terms of what we're going to do here, and I will come right out and tell you, I will support what -- the narrower lines. And if the study shows that we have to change those lines, then I would go along with -- you know, if that's what's indicated, that's what we'll do. But I do not see what these water retention areas and all those -- those are all permitted uses with the area of critical concern. It's the same kind of thing. It's another regulatory agency. We're placing another regulation on this. And I know, Commissioner Constantine, you've spoke many times about government regulation, and here we're we come again. We're going to add another layer on top of this. So this is a concern that I have about it. COMMISSIONER CARTER: Nobody's been able to answer for me with this permit. I'm assuming these permits are in perpetuity. MR. JONES: The permits are in perpetuity unless we were to seek a modification, and I did attempt to address that in my earlier comments. There is a modification process, but it is a public review process as well. COMMISSIONER CARTER: So you have a whole regulatory group no matter where you draw the boundary that really controls what happens to this water. CHAIRWOMAN MAC'KIE: Uh-huh. COMMISSIONER CARTER: So who has jurisdiction? This is the thing that just drives me crazy. Who has jurisdiction? What if we do this? What if we broaden it? COMMISSIONER CONSTANTINE: You think it drives you crazy, imagine being the owner of the property. MR. JONES: I think what you've stated is true, Commissioner Berry. It's another layer of regulation, and is that layer of regulation necessary at the scale that the staff is proposing in light of the fact that we proposed the study, we proposed the moratorium, and we are proposing this private acreage to be included in this. COMMISSIONER CARTER: But in the assessment process, that regulatory body has to be a part of this, so whatever conclusions we finally come up with, they're on the same page with us as far as I'm concerned. MR. JONES: I think whatever conclusions are drawn through the assessment, obviously South Florida Water Management District is going to have something to say about it if we start getting into areas where we're going to regulate water on permitted systems. CHAIRWOMAN MAC'KIE: Other questions? Page 60 September 14, 1999 COMMISSIONER CARTER: I think water management in general has got to fold into all of this. MR. JONES: Yes. CHAIRWOMAN MAC'KIE: Okay. MR. JONES: Thank you. CHAIRWOMAN MAC'KIE: Thank you. I was hoping you'd be next, because I have some science kinds of questions. If you could let them put the pins in the paper and you go ahead and start talking to us. We're hungry for lunch, so -- MR. DURHAM: For the record, my name is Tim Durham, Wilson, Miller. I'm here on behalf of those property owners that Tom Jones previously identified. I wanted to speak to you on a couple of items, one being the closing the Gaps document which you heard referred to often this morning in reference to the NRPAs. That document was generated in 1995. It was an excellent effort by then Florida Game and Fresh Water Fish Commission to identify on a gross basis strategic habitat that we should take a look at for protection. Again, the document done in 1995 was the first of its type, and there has not really been a replacement study similar to it done since, so we find ourselves often looking at that document for guidance. But the document does have severe limitations we need to bear in mind, particularly as it relates to this property. The land use mapping that went into the Gaps analysis is based on 1985 to 1989 land satellite imagery, basically took those images, scanned them in, tried to read the colors, and from that, determined what existing land uses were occurring, which has basically ended up being a snapshot frozen in time of what they thought was out there. Just to give you an idea of the accuracy they were capable of, one pixel in the picture was equal to 30 meters. So again, at the time, 10 years ago, it was good effort, but some of that is clearly dated. The strategic habitat conservation plan overlay, which you hear referred to, is sometimes treated as though it's a mapping of species and species habitat. That's not entirely accurate. What it is is a result of a computer model which looks at land cover incidences of species being sighted, certain assumptions related to wildlife movement across certain areas, and from that you get a computer-generated overlay. That overlay is very problematic, particularly in the area we're talking about. As Tom Jones alluded, there are multiple sections of tomato fields which show up as habitat. That's partially based on some assumptions that went into the computer model that need to be refined. Florida Game -- Fish and Wildlife Commission, the name change has really bothered me after saying it the other way for 15 years. CHAIRWOMAN MAC'KIE: Me too. MR. DURHAM: Yeah, I think it's thrown everybody. To make up a name and just go with it. They have initiated a reassessment of closing the Gaps for the State of Florida, and one of the first areas they're going to address is Southwest Florida. They do recognize it's dated and has some limitations. We've had some contact with them. Clearly the effort we're trying to -- the property owners are putting forward to reassess the area, I think, is timely and important to this. Page 61 September 14, 1999 What we -- let me give you a quick handout too. What I'd like to show you on the map on the right -- CHAIRWOMAN MAC'KIE: That's your cue, Katie, up on the right. Okay. There you go. Eighty-five copies, I believe. There you go. MR. DURHAM: This exhibit that, what I'll hand out in a second, bear out a fairly key point. What you're seeing here for Camp Keais Strand is an overlay of the CREW, Save Our Rivers line. That is public record, the Save Our Rivers Program where they talk about needing to protect the Camp Keais Strand system. The gray line is the state line. The green is the property owners' line. And I think what you readily see is, the green line was intended to be a refinement. The state's line clearly takes basically straight angles on things. CHAIRWOMAN MAC'KIE: The state's line is the Save Our Rivers line? MR. DURHAM: Yes, the CREW boundary. THE COURT: But does it address other habitat issues or just rivers? MR. DURHAM: Prima -- well, if you look at the mission for the Save Our Rivers, it primarily talks about water-related flow-ways, but it also talks about corridors. It does have wording in there about habitat issues. CHAIRWOMAN MAC'KIE: Upland kinds of habitat species? MR. DURHAM: Interconnection, interconnectivity of corridors is what they talk about, which is clearly meant to pick up more than that. The other exhibit I'd like to hand out to you is from the Southwest Florida Regional Planning Council, 1995 mapping. That's since been updated. CHAIRWOMAN MAC'KIE: Is that the map on the left? MR. DURHAM: That is the map you see on the left. And Mr. Varnadoe will be handing out a copy. And the reason I put this up here is that the Regional Planning Council in 1995 established as part of some of their work, significantly -- regionally significant natural resources. This is formally adopted and in place right now. And again, the Camp Keais Strand area is primarily defined as the CREW and Safe Our Rivers Program. When you look at the Okaloacoochee Slough area, it takes a second. What they have defined as the outer boundary of what they call the Okaloacoochee Slough complex -- if I could ask for the same consideration Tom had. The Okaloacoochee Slough complex they have an outline for it, but what they have cross-hatched as regionally significant resource is primarily in Hendry County. And what has happened, the Okaloacoochee Slough is an extremely large system. There are some beautiful pristine portions of it, primarily in the Hendry County area, and I think the romance with the Okaloacoochee Slough really starts there. As you move south through the Okaloacoochee Slough, you pick up much more agricultural and pasture lands that are mixed with wetlands. But the Regional Planning Council has identified what you've seen on the map as regionally significant resources. My concern is fairly simple here. You have state level documents which look at natural resources, you have Save Our Rivers and CREW programs which identify natural resources. I've heard the property Page 62 September 14, 1999 owners' line referred to frequently as narrow. I'd defy you-all to go out there and walk across the narrowest point quickly. CHAIRWOMAN MAC'KIE: Narrower. MR. DURHAM: Narrower. That would be a more accurate representation. It's a significant area we're talking about out there, with a mixture of upland and wetland habitats. We do acknowledge there are some habitat areas near it, around it, but those assessments need to be done, in light of the moratorium, those areas are under no pressure with the correct assessment based on current existing land uses and in full recognition of agricultural practices, recognizing some appeals go through rotations, we can generate a current map of habitat value based on good science. Thank you. CHAIRWOMAN MAC'KIE: Question. Did you help prepare this? I don't know how to describe it. It's just a handout that we've gotten. It says, Okaloacoochee land composition of proposed NRPAs, and it compares the county's versus the Eastern Collier Property Owners', the percentages of land make-up within them? MR. DURHAM: That was prepared by my staff. CHAIRWOMAN MAC'KIE: Could I ask you a question or two about it? MR. DURHAM: Sure. I may need to elicit Mr. Jones' help interpreting some of that. CHAIRWOMAN MAC'KIE: Yeah. My -- I really have a simple question, but it's an interpretation question too, and that is, in the county's -- and this is not a question I know the answer to, okay? This is a real question. In the county's proposed NRPAs, what percentage is water and what percentage is land, is uplands; and property owners, same question. COMMISSIONER CONSTANTINE: What's the question? CHAIRWOMAN MAC'KIE: What percentage of the land within the boundary drawn by the county is uplands versus wetlands, and the same question in the -- because here's what I'm driving at. I want to know if -- I know that we have to protect, not just wetlands, we also have to protect habitat -- upland habitat, and I just want to know what percentage -- COMMISSIONER CONSTANTINE: For the nonswimming panther? CHAIRWOMAN MAC'KIE: -- for the nonswimming panther, that's fine. So can you help me with that Tom or Tim? MR. JONES: Yes. In the county's latest draft, which I believe was the third one on this area, in the Camp Keais natural resource protection area, 12 percent of the county's designated area is uplands. Of course, now they have a much larger area than we do. They're dealing with 44,000 acres. CHAIRWOMAN MAC'KIE: Understood. MR. JONES: In our 20,000 acre NRPA, we have 11 percent of that area designated as uplands. CHAIRWOMAN MAC'KIE: So you're pretty much the same -- MR. JONES: Percentage-wise, yes. CHAIRWOMAN MAC'KIE: -- in Camp Keais? MR. JONES: Percentage-wise, yes. The big difference in Camp Keais, the county has 25 percent of their area located in agricultural storm water management areas and agricultural land uses. CHAIRWOMAN MAC'KIE: Yeah. I'm clear that -- it sounds like on Camp Keais, the real question is, do we or don't we include the reservoirs that are permitted for agricultural water. I mean, that's Page 63 September 14, 1999 sort of the bottom line question in Camp Keais, based on what you just told me. And Okaloacoochee, is it likewise, the percentages of uplands versus wetlands? MR. JONES: No, in Camp Keais, the county's NRPA is -- CHAIRWOMAN MAC'KIE: You mean Okaloacoochee? MR. JONES: I'm sorry. In the Okaloacoochee, the county's number is 21 percent uplands. Our number is nine percent uplands. CHAIRWOMAN MAC'KIE: Okay. MR. JONES: And again, they have 8,000 acres of ag. uses. We have 1,000 acres of agricultural uses. CHAIRWOMAN MAC'KIE: And those -- does that include water? When you describe ag. uses, does that include water? MR. JONES: Yeah, the ag. uses includes the water retention. There are not as many water reten -- storm water systems in the Okaloa. There's 1,400 acres in the Okaloa and 6,900 acres of agricultural land. CHAIRWOMAN MAC'KIE: So the question is a little different in Okaloa. It's whether or not -- well, let me ask you this -- MR. JONES: I think -- if I might, I think you're right. I think -- the Camp Keais is a much more intensively developed agricultural area, and that's the reason we've made such a big issue about the inclusion of so much agricultural land in this. These are not natural areas. They do provide habitat, but they are not natural areas. When you move to the Okaloa, I think the point that I try to emphasize, it's not as intensively developed from an agricultural standpoint; however, we do have the area of critical state concern designation and a moratorium. CHAIRWOMAN MAC'KIE: Understood. My question was, for Mr. Lorenz, what's the justification for the difference, if you've got 21 percent uplands and they've got nine percent uplands in the Okaloa, what's the reason for that? MR. LORENZ: I think that a large reason is up on the north -- I believe on the northwest corner. Let me get the map. CHAIRWOMAN MAC'KIE: Yeah. Northwest is where you've got a big chunk of land that they don't have. If you could back up a little bit. Okay. Katie, can you -- MR. LORENZ: Yeah, the light -- CHAIRWOMAN MAC'KIE: That just doesn't give us much perspective. Yeah, go back a little more. Okay. MR. LORENZ: The light blue is forest, so that's basically would map out as an upland forested area. So the northern section is -- the northwestern section would be, I think, where a lot of that difference comes up. CHAIRWOMAN MAC'KIE: And why do you include so much uplands that they exclude in that northwestern section? That's my real question. MR. LORENZ: This is a map here of the Priority I habitat area for panthers. CHAIRWOMAN MAC'KIE: Can you back up again, Katie? Oh, okay. I get it now. MR. LORENZ: That's me. CHAIRWOMAN MAC'KIE: Thank you. Page 64 September 14, 1999 MR. LORENZ: The pink is Priority I habitat, the gray is Priority II. So we pulled in a large part of that upland and wetland systems because of the priority habitat considerations for Florida panther. CHAIRWOMAN MAC'KIE: Bottom line then, in Okaloa, it's -- panther habitat Priority I is why you have more uplands than they do? MR. LORENZ: I think that's probably a fair assessment. COMMISSIONER CONSTANTINE: This is going to sound really sarcastic, and it's not intended to. But how -- if the NRPA designation goes on there and they continue to farm exactly as they are, how does that positively impact the life of your average panther? MR. LORENZ: That would be fine. I think the answer really is is, if more intensive uses, such as earth mining or other kinds of uses that the NRPA designation does not allow -- and of course, in the moratorium -- COMMISSIONER CONSTANTINE: Moratorium area. MR. LORENZ: -- and ag. rural area doesn't allow either, and that's why we need to have the assessment. It's those more intensive uses that we're really trying to protect against. CHAIRWOMAN MAC'KIE: Because it's future land use planning. MR. LORENZ: Correct. COMMISSIONER CARTER: I guess what it says, if it was always going to remain agricultural and be farmed or used for citrus, we wouldn't have this discussion. CHAIRWOMAN MAC'KIE: Yeah. We don't have the same ag. issues. COMMISSIONER CARTER: We would be talking about the future out here. What happens 50, 100 years from now in a vision that says, if you don't protect it, what happens to it? COMMISSIONER CONSTANTINE: Oh, I concur completely. But if we do this now without the data to back it up, what's the purpose of doing our three-year study? CHAIRWOMAN MAC'KIE: What's the data that you have to back up this panther habitat? MR. LORENZ: Well, I think the data that we have is the information that's the '94/'95 land cover satellite imagery that I was showing in terms of where the agricultural wetlands, uplands are, the panther habitat plan and the Gaps report. And it's staff's contention that, yes, the Gaps report would suffer from many of those -- those concerns that Tim Durham mentioned. But I think in the final analysis, the areas that you're still looking at that's going to be valuable for the listed species concerns I think are still going to be fairly close to where we've mapped out. COMMISSIONER CONSTANTINE: I think you-all missed the point of my question, and that is, what's the purpose of the study of this area over the next three years then if you've already determined that? MR. LORENZ: Well, that's -- the purpose of the study is proposed by the eastern property owners. So from staff's persp -- COMMISSIONER CONSTANTINE: Well, I need to -- and agreed to by everyone virtually at this point. I mean, we've said, yes, we're going to go ahead with the three-year study, and what is the purpose of that? MR. LORENZ: It would be to refine this analysis to determine what the exact boundaries ought to be. I think another important part of the study is, we can also, instead of having a cookie cutter for each NRPA, there could be certain areas within the NRPA designation Page 65 September 14, 1999 that we could have a variety of different types of uses permitted with the adoption of other additional regulatory standards, and then look at a host of other protection mechanisms. So I think as the whole study unfolds, you can have -- you can have, perhaps, a better -- instead of, this may be a shotgun approach of NRPAs with one designation fits all, the assessment will be able to fine tune the areas that we're setting aside and the protection mechanisms. COMMISSIONER CONSTANTINE: And that's exactly my point is, Dr. Guggenheim and I were talking yesterday, and essentially what you were saying, we're looking long-term and trying to make sure we protect the areas long-term. And, you know, I don't want to see urban sprawl out in this area or anywhere else in the county any more than anyone else, but those decisions ought to be made, not in a shotgun approach, as you've just said, but with more refined facts and more refined ideas, and if the prohibition is going to be in place anyway for the next three years, isn't it better to make that decision based on more information and more refined ideas and data than that shotgun? I think we're all trying to get to the same place, but I don't understand the argument why we would want to do that with less information as long as those restrictions are going to be in place anyway in the meantime. CHAIRWOMAN MAC'KIE: Mr. Varnadoe? MR. VARNADOE: Thank you. For the record, George Varnadoe, law firm of Young, van Assenderp, Varnadoe and Anderson. CHAIRWOMAN MAC'KIE: I was hoping you'd correct that. MR. VARNADOE: Well, I'm here today representing Barron Collier Partnership, Collier Enterprises, Pacific Tomato Growers, Consolidated Limited Partnership, Jack Price and Russell Priddy and Alico, Inc., individually and collectively, collectively known as the Eastern Collier Property Owners. And for the record, Tim Durham was also speaking on behalf of those clients individually and collectively. Each of the named clients owns property in Collier County and/or operates a business within the boundaries of Collier County. I'm going to cut mine short because I think that you've discussed a lot of the concepts we talked about, particularly Mr. Constantine. We object to county staff's proposed NRPA boundaries in this area and ask that you follow the unanimous recommendation of the Planning Commission which adopted and followed the boundaries proposed by the Eastern Collier Property Owners. And I think as Mr. Constantine was getting into, it's important to address these proposed interim boundaries in conjunction with the proposed rural assessment. If you remember, we proposed in conjunction, or in response to, I guess, a down-zoning that we do a moratorium and do an assessment really kind of separate and apart from the problems that we are now experiencing with DCA. Because of the self-imposed moratorium or self agreed to moratorium, if you would, on development, during the assessment period, you know, we really don't have a need to draw these NRPA boundaries, and if the final order -- at this time. If the final order hadn't demanded that we do so, I'd be here saying, let's don't Page 66 September 14, 1999 do it -- draw anything until we do the assessment and find out where the boundaries should be. However, we do have to do it, and I think it's prudent for us to draw these in a very conservative and narrow way, and for several reasons; one, I think it's obvious that inclusion of property in NRPA in the long term is going to have a negative impact on the value of land within that NRPA as we adopt more regulations on what can and can't be done and how you're going to have to do it in these NRPAs. I think, therefore, the county should be very conservative until and unless the assessment during permits (sic) and demonstrates it is essential that we increase the boundary of these NRPAs to include more land. Second, I think that obviously a narrow conservative boundary reduces the potential for a challenge to the boundaries, whether it be through a growth management plan challenge or a Burt Harris claim as an impermissible infringement on private property rights. As a practical matter, I think, which Commissioner Constantine recognized and Bill Lorenz also recognized in the Planning Commission, and I'm sure is obvious to everyone here, except, perhaps, Mr. Hill, it's going to be far easier to expand these boundaries in the future than to contract or shrink them. We've all dealt with the state long enough to know that once you put a line on a map and say, this is sacrosanct, to draw back from that line is going to be very, very difficult -- it's just human nature -- and because these NRPAs are going in our growth management plan and we're going to have to go through this review process with the state and commenting agencies on the NRPAs. So it seems to me we ought to start narrowly, and when we expand them, we're heroes. We try to draw them back, we're going to be goats from somebody's point of view. To put it a legal way, I guess, it's going to take more -- substantially more data and analysis to remove property from a NRPA than it's going to take to add it to a NRPA. So I'd urge you to be physically conservative and accept the boundaries of the NRPAs as proposed by the Eastern Collier Property Owners. As Mr. Jones noted on several occasions, this is not an insubstantial amount of land. This is a big chunk of land. We're talking about 54 square miles. I don't know what the City of Naples is, but I'd say it's, you know, probably 10 square miles at best. So we're talking about a big -- a big area. And as Mr. Constantine noted, the whole purpose of this assessment is to find out what's out there and what should be protected, and I would submit to you there's very, very little risk during this three-year period. So let's let the assessment prove itself and go with that. The -- and I think that Mr. Durham pointed out that our line on Camp Keais Strand pretty much approximates the CREW line. And looking at all the data and analysis -- we had up to date data and analysis, we could draw the lines now, and as Charles Stiller related to Bruce Anderson in a conversation recently, yeah, it's up to the county to draw them, because if we'd known where those boundaries should have been, it would have been the final order. We wouldn't be here talking about this. Page 67 September 14, 1999 Let me read you though -- we keep referring to this Gap report, and I picked it up and looked at page one, the executive summary, which I figured was probably as far as I wanted to go with this. But I think it's -- I do want to take a minute and read you one paragraph out of this. The maps appearing in this report are intended to provide guidance to decision makers involved in public land acquisition, land use planning, development regulation and other land conservation efforts. The maps represent our best estimate of those Florida lands that require some form of conservation to ensure that biodiversity is maintained for future generations. However, these maps represent only a snapshot of Florida's conservation needs at one time. For example, the vegetation map used to create species distribution maps was based on satellite imagery dated 1985 to 1989. The species -- the current information is current through 1991 are -- up to 1993 depending on the species, and the data base of public land boundaries extends only through '92. As a consequence, some areas identified for protection may already be in public ownership or may no longer support the habitat features or species predicted to occur there. And the map should not be incorporated into law or rule as inviolate zones in which no development may occur. I mean, just the very beginning of this, it shows, I think, why we are doing this assessment and why we need accurate data, and to -- in which to support these boundaries, but in the interim, do we really want to go out and draw around half the world out there, or do you want to have them narrow and them expand then as the need shows -- as the data shows that we need to. And I would suggest to you that based on what this commission has done in the past, we want to take a very conservative approach until the data and analysis of this assessment shows we need to expand these boundaries. CHAIRWOMAN MAC'KIE: I've got a question for you, and maybe one that you can't answer well because you're an advocate for a position here, but the concern that I have is, if we adopt these narrower lines, are we going to be in compliance with the final order, specifically if we adopt these narrower lines in Okaloacoochee Slough, then we haven't addressed the Gaps report, which is what -- I mean, although it says what you say it says, Judge Meale adopted it, and the governor and cabinet adopted it and said, go forth and adopt NRPAs consistent with it. Legally -- MR. VARNADOE: Not quite. CHAIRWOMAN MAC'KIE: -- can you make your best legal argument for MR. VARNADOE: Not quite, Ms. Mac'Kie, no. Number one, we are not adopting anything today. CHAIRWOMAN MAC'KIE: We're transmitting. MR. VARNADOE: We're transmitting. We're going to get an ORC report back, we'll find out where DCA really stands, not based on conversations somebody had four our five months ago. CHAIRWOMAN MAC'KIE: I'm talking about Judge Meale's order. MR. VARNADOE: Let me -- if I could finish. Number two, if the data and analysis in Judge Meale's order had been sufficient for the governor and cabinet, I assume they would have told us where to draw these lines. They told us to generally define these areas and then go Page 68 September 14, 1999 out and refine those boundaries as we did the assessment. That's what he told us to do. So I don't know how, frankly, we're going to -- anybody is going to appeal this based on narrow lines when there's nothing happening in the three-year period, and the final order says, go and assess and see what really needs to be protected. I mean, it's going to be hard for me to find a good legal challenge. Now, of course, we've had legal challenges in this county on several things that I've found hard to believe. COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, I think we may have disagreement among the board or among the public with whatever lines we end up with, but I think we are meeting what's been requested of us. We've got to draw some lines in five specific areas -- CHAIRWOMAN MAC'KIE: And they've got -- COMMISSIONER CONSTANTINE: -- and turn those in. Yeah, they have to have some value, but then the real key is that three-year span where we go back and put some meet behind it and then -- CHAIRWOMAN MAC'KIE: Agreed. COMMISSIONER CONSTANTINE: -- so I think is there going to be disagreement no matter what we come up with? Absolutely. But are we meeting what the governor and cabinet have asked us to do? Yeah, equally absolute. COMMISSIONER CARTER: Another point for me, Commissioner is, if we go the narrow lines -- and I understand the landowners are going to want to put the water retention in this process, but if -- if the DCA says, yes, it's got to be in there, then that becomes another issue. But that question has to be answered for me. How does that get in there and what is the process to do that? Landowners want it out. Does it go in? I don't know. But I hope this process will answer that. MR. VARNADOE: Just a couple more things for the record. I'd like to put copies of all these maps that we've referred to and referred you to in the record so they are part of the record. CHAIRWOMAN MAC'KIE: Thank you. MR. VARNADOE: Thank you. CHAIRWOMAN MAC'KIE: Looks like Mr. Scofield. If we have any -- COMMISSIONER CONSTANTINE: Anybody else want to speak? CHAIRWOMAN MAC'KIE: If we have any other speakers on these two, please line up. MR. SCOFIELD: Good afternoon. CHAIRWOMAN MAC'KIE: Thank you. MR. SCOFIELD: Excuse me. Miles Scofield, for the record, representing Half Circle L Ranch Partnership, which is the Scofield family. We are property owners in the northeast Collier County. We have approximately eight sections of land in Collier County, and there is currently, under the maps drawn, there's about four sections of our land included in the eastern Collier property's line. In the county's line, there's about five, maybe five and a quarter sections. We are strongly in support of the Eastern Collier Property Owners' line. Just because of the -- we've drawn out several lines. We actually put our own line in, but it was too restrictive, so we went along with their line. There's several reasons for this, and I don't want to belabor it again. It's been brought up time and time again about it's easier to Page 69 September 14, 1999 grow lines than it is to shrink them, and we're in total agreement of that. And Commissioner Constantine made a comment and -- about language of these. And to me, language is the crux of this whole -- this whole thing on NRPAs, and that is, we know in the interim what the language is. We don't know what the outcome of the language is going to be, and therefore, it's extremely important, if you place restrictions on there, it's going to be awfully hard to shrink those lines. We can grow them -- you know, the lines can grow depending on the language if it's not, you know, restrictive. And the case in that is what we're doing right now. On our land -- excuse me. On our land, we are currently engaged in a conservation easement agreement with a development company in Lee County. They are purchasing land in the form of a deed restriction. And that is, they're offsetting mitigation on their construction site by purchasing development rights on our property, and so we're setting aside X amount of acres that can never be developed in the future and -- in the form of a deed restriction. Now, we are being compensated for that. We still own the land, we still pay taxes on the land, and we still have to pay to manage the land. And I think it's a great situation. We're very concerned in the future. We don't want language to preclude any of these deals that we've been working on for quite some time, and we have, you know, quite a bit of land out there that we can do these deals on. Now, all of our property is in the state area of critical concern in Collier County. And we have restrictions on that land. We can't go out there and build high-rises and supermarkets and all these things, but it does allow us the ability to do deals such as I just explained to you, and that's very important. Commissioner Berry said a while ago, can anybody stand up here and tell me -- attest to the evaluation of the property. Nobody could. That's very important. That's all -- that will all come out in the language also. So if the lines start out small and grow depending on the language agreed upon, that's a much easier scenario than reversing that, because that's where it lies, in the evaluation and language of what you can and cannot do with that property. So we are strongly in favor of keeping it small now, going through the assessment period. In closing, the -- I don't know if you're familiar with the Florida Stewardship Program. They made an extensive study on panthers and private lands. It's a great thing. You ought to read it. It's been updated many times. But the future of the Florida panther -- and I know we're talking about a lot of other habitat too, but that mainly was the panther, and that's the big thing. The future of it resides with private ownership. Most of the panthers are on private lands. They travel through these areas. That's where they feed. And that's the reason, because a lot of these landowners, such as our family, keeps these lands. They manage them well. We have plenty of habitat, we have plenty of wildlife, and it's managed properly. And we don't want to be punished in the future for doing that and keeping the lands pristine and nice and so forth. So if you have any -- excuse me -- questions, I'll be glad to answer them. CHAIRWOMAN MAC'KIE: Any questions for Mr. Scofield? Page 70 September 14, 1999 MR. SCOFIELD: No? Thank you. CHAIRWOMAN MAC'KIE: Thank you. Mr. Carlson. MR. CARLSON: I'll be very brief. CHAIRWOMAN MAC'KIE: You'll be our favorite speaker then. MR. CARLSON: My name is Ed Carlson, for the record. I'm here first and foremost as a land manager. I'm a professional land manager. It's what I do every day. I think about managing land and water and wildlife. It's my job. I would -- I think the ultimate human existence is to live -- human beings to live on and with the land, and I would love to have the resources of Mr. Scofield and the east county landowners. I would be in seventh heaven to have a sustainably working ranch and hunting area and agricultural, and I think it's just the best. But unless -- even if I won the Lotto, I probably wouldn't be able to put together a piece of land to do that with my family, so what I do for a living is I manage other people's land. And I happen to work for the National Audubon Society, because they've got the best piece of land I could possibly find to manage, so I'm here as a land manager. That's my first and foremost consideration, is what's best for the natural resources in Collier County, in and around the land I manage. Now, I'm also on the Environmental Advisory Council. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. MR. CARLSON: And I've done my homework. I've read the definition of a NRPA. I have read the judge's ruling, and it's very clear the direction that we are to go in to develop these NRPA boundaries. And in my opinion as a professional land manager and the requirements of listed species and their habitats and their life histories and what it takes, the east county landowner map, in my opinion, is not a NRPA map. It doesn't qualify. The map proposed by the county is a NRPA map in my opinion. And I would recommend that you-all recommend the county's version of these maps. You can sit up here and you can shoot holes in research and say it's old or it wasn't refined enough, but the fact is that Collier County has tremendous data on its natural resources, especially panthers. When you take the judge's ruling and you base your NRPAs on the data that's available -- which is not terrible. It's good. Probably better than you'd find in another county -- you will come up with the broader NRPA boundaries as proposed by the county. My opinion. I'm done. CHAIRWOMAN MAC'KIE: Questions for Mr. Carlson? Thank you very much. Payton, for the record. MS. PAYTON: Nancy Payton, representing the Florida Wildlife Federation and a member of A Thousand Friends of Florida. First item, I draw you to this map that was referenced in previous presenters. CHAIRWOMAN MAC'KIE: On the left? MS. PAYTON: The one on the left from the Regional Planning Commission. My recollection of how that map came to be, it was an outgrowth of the Governor's Commission, Southwest Florida Issues Group. First Page 71 September 14, 1999 time we met, one of the items put forth for our task was, we need a map of all the lands that are targeted in Southwest Florida, either owned or targeted to be owned. That was the first step. And the second step, which has not been completed yet, is that, then we need to look at connectors. What is missing from that map? And I point to you that the -- the headwaters of the Okaloacoochee Slough, which is in a land acquisition program, the Okaloacoochee Slough NRPA that we're talking about now, is the private hands that connects with the panther refuge, and the Big Cypress National Preserve. So it's a connector which would be in phase two of that -- that particular map. And also we would look more closely at Camp Keais Strand and some other areas So that's true, that is a map, but it's a map of lands that are targeted for land acquisition, and step two hasn't been done, which is dealing with connectors. Florida Wildlife Federation in cooperation with the Conservancy and Collier Audubon did put forward our map for NRPAs in Camp Keais Strand and the Okaloacoochee Slough. We did abandon that to a certain extent or put it on the back burner. We feel strongly that Priority I and II panther habitat need to be in NRPAs, but we were willing to look at the county's map that was proposed on August 24th. Speaking for the Florida Wildlife Federation, the map that's now before you now has fewer -- it has less habitat. It has eliminated some Priority I panther habitat, so we would be more comfortable with the county's NRPA map if it did reinsert those priority panther habitats. I remind you that the best available information data that we have is closing the Gaps, and I did hand out some pages from that. It is the best available data, and also the habitat preservation plan is the best available data. And I remind you that in our hearing in May of 1998 when a representative from the then game commission spoke, there was an opportunity for the county to challenge the Gaps report, as it's commonly referred to, and there was another opportunity when the preferred recommended order was written after the hearing that was held in May of '98, and then there was another opportunity to challenge the Gaps report and the conclusions drawn from it when Judge Meale issued his recommended order. The county didn't do that, so the county has, by default, on our position, accepted the Gaps report and the habitat preservation plan as being the best available data and acceptable data to use during this planning process. Now, possibly during the assessment that's going to take up to three years, there will be new information that's brought forward that will show there's new habitat such as North Belle Meade or other habitat that now isn't of the quality that it should be. But for the purposes of drawing the NRPA map -- maps today, those two documents are valid. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Questions? Dr. Guggenheim, I'm going to ask you to be short since you got to speak a little bit at the beginning when you introduced the maps. DR. GUGGENHEIM: This is the good part. CHAIRWOMAN MAC'KIE: Oh, good. For the record -- Page 72 September 14, 1999 DR. GUGGENHEIM: For the record, David Guggenheim, president, CEO of the Conservancy. The Conservancy has taken a long-term view of this issue, not five years, not 20 years, but as Commissioner Carter said, 50 years, 100 years. This issue is about sprawl as much as it's about anything else. As we look to the easternmost part of the county, local landowners will tell you that there is no imminent threat of that kind of development, of residential development, and that's probably a true statement today. But a decade or so ago, we were having -- there might have been such a discussion about the Immokalee Road corridor, and today Twin Eagles reminds us that the unimaginable in such a rapidly growing area often becomes reality. Zoning at one on five is not enough to prevent the tide of urban sprawl. It's not enough to protect the natural areas that sustain life. Already we are hearing talk from eastern landowners about a network of interconnected cities and villages covering those very important rural lands. The purpose of NRPAs is to protect endangered or potentially endangered species. And to protect them, you must protect their habitat. The maps that you have, the maps that represent our NRPA boundaries follow very similar methodologies to your staff overlaying the best data we have available today. Panther one -- or Priority I and II panther habitat, strategic habitat conservation areas, that's the best data. That's the data that you have a responsibility to pay attention to and to base your decisions upon. The eastern landowners have suggested that there is though no data or that the data is seriously flawed to support these NRPAs, and I believe that's nonsense, and I ask you, where is the data to support their narrow definition of those boundaries? They've also suggested that you consider their property boundaries in this process. And again, as I mentioned in my earlier comments, that is irrelevant. The NRPAs are to protect wildlife. The staff -- your staff is recommending lines based on data, not property owners' lines or economic interests. Again, the objective of the exercise is to protect the natural resources. The community-based planning effort will help us deal with the ramifications of where those boundaries are. The eastern landowners have also suggested that actively farmed fields and water retention areas should be excluded from NRPAs, but we've seen a myriad of species, including the panther, which despite the presence of agricultural, thrive around these actively farmed areas. And with all due respect to Ed Carlson, I've heard that water retention areas in the drawdown condition rival even Corkscrew Swamp Sanctuary for areas to observe wading birds, including wood storks. These areas must be included, because that's where the wildlife is. That's the habitat that they depend on, disturbed or not. I had a chance to tour the eastern lands by helicopter last week, and I'm grateful to the eastern landowners for that experience, and I learned quite a bit. But I want to -- I want to stress, there is nothing about the NRPA designation that would prevent the eastern Page 73 September 14, 1999 landowners from continuing their farming activities. The Conservancy recognizes the important role agriculture plays both economically and environmentally. Part of the solution in protecting our environment is protecting agricultural. Nor would a NRPA designation prevent an individual from building a home on five acres. What the designation helps us deal with are things like Twin Eagles, the unimaginable for that part of the county. That's what this is about. And I would say, in addition, we support a thriving town of Immokalee. Within its urban boundary, the possibilities seem limitless. But what we don't support is interconnected network of cities and villages covering those important ag. lands. That is sprawl. That is dangerous to our environment. It is dangerous to our economy. And NRPAs, defined appropriately with the best science we have available today, will help us protect those areas. I believe this is the biggest challenge we have ever faced as a community. We look to your leadership today. I thank you. CHAIRWOMAN MAC'KIE: Thank you. Questions for Dr. Guggenheim? Okay. Is Mr. Cornell our last speaker? Anybody who wants to speak, stand up. Go ahead. MR. CORNELL: Hi. Brad Cornell again, on behalf of Collier County Audubon Society. I will make some very brief comments, one is that we do support the county staff's August 24th map, which is similar to the one that's in front of you, however, it includes also some water retention areas and panther Priority I habitat that's been excluded. I also want to point out that the ag. -- area of critical state concern does not provide blanket protection for those areas of habitat, but rather because of the ag. exemption, much more that were 10 percent can be cleared and converted from habitat use and land use. And most importantly, I want to point out that the NRPA designation really is a very significant opportunity for us as a community and for you as our government -- local government leaders, to find incentives and rewards for private landowners who wisely manage their land for both their private goals and for important public wetlands and habitat values. And Miles Scofield had a very important point about that. We should not be penalizing our private landowners for doing the right thing. We should find ways to reward them. And I would offer to you that an NRPA boundary is an excellent opportunity in this three-year assessment to find ways of doing that. An NRPA is not an onerous regulation. It is a whole spectrum of ways of protecting both private and public interests. And I think that we should be drawing those lines liberally, because it's a great opportunity in an area -- and the reason for this is that we live in an area that is unique in the world. That's why half the world, to use Mr. Varnadoe's words, half the world seems to be coming under this sort of scrutiny. Well, we live in an incredibly wonderful part of that world, and that's why these NRPA boundaries are important and should be liberal. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. Mr. Hill, am I correct that you already spoke on this topic? Page 74 September 14, 1999 MR. HILL: Yes. CHAIRWOMAN MAC'KIE: I want to be careful, and just one bite at the apple unless, you know, some just critical information. I appreciate that. Thank you. MR. HILL: That's fine, Madam Chair. From the minority of one, I wanted to comment. CHAIRWOMAN MAC'KIE: I appreciate that. I've been in that position. Are there any other speakers? If not -- COMMISSIONER NORRIS: We will close the public hearing. CHAIRWOMAN MAC'KIE: And we will close the public hearing and to consensus on these two NRPAs. COMMISSIONER NORRIS: Well, I don't know if I'm -- maybe I'm the only one that finds this onerous that the State of Florida, first of all, is forcing Collier County into the environmental regulation business, and second, by doing so, they're forcing us to remove some portion of people's private property rights. I don't know if I'm the only one bothered by that, but it certainly bothers me. I support the narrower COMMISSIONER CONSTANTINE: Planning Commission's recommendation? COMMISSIONER NORRIS: -- Planning Commission's recommendation on this, only grudgingly, because I'd like to not do it at all. CHAIRWOMAN MAC'KIE: Is the Planning Commission the same as the Eastern Collier Property Owners, Mr. Lorenz? MR. LORENZ: Yes. CHAIRWOMAN MAC'KIE: Thank you. I'm not going to call on you, so speak up as you wish to. COMMISSIONER CARTER: I share the concerns that Commissioner Norris has stated here, but I have listened to all of these debates, and I'm going to support staff's recommendation on this issue, because I do think we have an opportunity, long range, and I also think that the property owners should not be penalized. And in this process, we need to find incentives to compensate if they go out of the ag. business. Because if it was a question of agricultural, I don't think we would have this discussion. I think we're talking about future land use. And in that framework, I am very concerned that we don't do something to those lands to then destroy what is so important to all of us in this community. And again, I have listened to this community, and they keep telling me, I want planned, controlled growth. And if I violate that, then I have violated the reason I sit here as a county commissioner. So I am going to support staff and hope that we can find the other avenues to accomplish our goals. CHAIRWOMAN MAC'KIE: Well, I'll weigh in since there's quiet. I -- it is extremely -- this is the hardest choice certainly for me today, and one of the hardest ever, frankly, because I would like so much to show an olive branch, as it were, to the property owners in the eastern Collier area that I am open-minded, I'm willing to work with them, I respect your stewardship of the land. Despite my personal desire to do that, I can't say that science supports that the best data and analysis supports those narrower lines. I have to agree that the best information we have supports the staff's position, and that's the one I'm going to support. Two to one. Somebody weigh in. Page 75 September 14, 1999 COMMISSIONER BERRY: I'm weighing in on the Planning Commission lines. You knew that's where I'd be in, so I won't disappoint you. CHAIRWOMAN MAC'KIE: Two to two. Let's see. Commissioner Constantine, I have to call on you at this point. COMMISSIONER CONSTANTINE: I've got to go to the rest room. COMMISSIONER CARTER: He's going to weigh in. COMMISSIONER CONSTANTINE: I'm just going to disagree with you, Commissioner Mac'Kie. The moratorium restricts what can happen in the next three years anyway. And so basing it on incomplete scientific data that we're going to fill in that three-year period anyway, seems like we're being irresponsible there. We ought to base that on the best information we can get, and we're taking an extended period of time to get that information. And there can't be any changes, any sprawl, anything else out there in the meantime anyway. So to step forward without having the best information we possibly can or without having complete information, I think, is a mistake. I think there were a couple of points that were made. Brad, I think, made an excellent point there. We need to find some incentives there. We need to find some ways to actually reward the landowners for doing this. Fifty-four square miles -- to put it in perspective, Washington, DC is about 67 square miles. So if you took the entire District of Columbia, that is almost the amount of land they are voluntarily putting into this program. I agree with what David Guggenheim said and what Commissioner Carter said, in that we need to look at the long-term picture here. We don't want to see urban sprawl. I don't have any interest in seeing little cities pop up out there any more. And frankly, if you-all had agreed with my plan that I've been spouting since October of 1995, we'd have density reduction out there and we wouldn't have that worry. We wouldn't even be looking at whether that might be an instance or not. That wouldn't even be a consideration if I was able to convince a majority of the board that. So I agree completely with that, but I think we can achieve that by gathering complete information and up-to-date information over the next three years, so I'm going to go with the Planning Commission's recommendation. CHAIRWOMAN MAC'KIE: So the question then, Mr. Weigel, will be, we need a motion to transmit the amendments in accordance with the consensus that we've just discussed. That's -- I don't know how to do that because I'd like to vote in support of pieces and in opposition to pieces. Is there a way to do that? I mean, I support the boundary that the entire board agreed on, Southern Golden Gate Estates, I support South Belle Meade, support CREW, don't agree on North Belle Meade, don't agree on these two. So how do I cast my vote to -- COMMISSIONER CONSTANTINE: Madam Chair, respectfully, it's kind of like the budget process in that there are certain things in the budget that all of us disliked, but when it comes to the end, we defer to the consensus of the entire board. And there are obviously parts of this that I would do different, and I bet all five of us would do differently, but I think if we get into that, we're going to get into an awful lot of trouble, and we ought to respect the consensus position. Page 76 September 14, 1999 CHAIRWOMAN MAC'KIE: I appreciate that. What I'm asking the county attorney to tell me is, what is the mechanism by which I can communicate to DCA that there is a split in this board on these boundaries. COMMISSIONER CONSTANTINE: I think the record -- COMMISSIONER NORRIS: Isn't that why we take the consensus. I mean, doesn't that do that? COMMISSIONER CONSTANTINE: The last three hours. CHAIRWOMAN MAC'KIE: I bet you're right, and I'm just asking him to tell me that. MR. WEIGEL: Yeah, Marjorie and I agree that you've created a record right now, and the individual commissioners have stated their thoughts on each of the elements that have come before you, so if you make a motion that reflects the votes taken on the record for each individual element, the record reflects where you already are and also reflects what position has been taken, and I think that will handle it. So you can be rather general in your motion to reflect the decisions that you've already indicated on the record. CHAIRWOMAN MAC'KIE: Would someone make that motion? COMMISSIONER CONSTANTINE: I'll make a motion that we transmit the collective consensus opinion from the various items. We've gone through it for the past several hours. COMMISSIONER CARTER: Second. COMMISSIONER NORRIS: Now, does that include the other elements of the -- of the agenda item itself? There were some other items. CHAIRWOMAN MAC'KIE: The first two. Well, there was 12(a) (1) that we already handled in a vote, and then in 12(a) (2) we have -- COMMISSIONER CONSTANTINE: This is strictly the NRPA issue is my -- the intention of my motion. COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: Okay. Then we're going to need a separate motion, are we, Marjorie, on the business about the moratorium and the interim development standards, or have we handled that? MS. STUDENT: I think that you could maybe make like a two-part motion and have it be -- COMMISSIONER CONSTANTINE: I don't have any interest in making that part of my motion. CHAIRWOMAN MAC'KIE: Okay. So there's a motion and a second on the floor with regard to the Natural Resource Protection Area boundaries in accordance with our discussions. We could transmit that portion via this motion. Any discussion on that? All in favor, please say aye. Opposed? (No response.) Passes unanimously. Does anyone want to make a motion for transmittal with regard to the interim regulations, the, quote, moratorium? Is there something else? Marjorie, advise us on what else we need to transmit. MS. STUDENT: Okay. I think with the NRPA boundaries, I think it might be well to go ahead and make that other part of the motion, and I think we're covered. CHAIRWOMAN MAC'KIE: That is the interim development standards? MS. STUDENT: Yes. Page 77 September 14, 1999 CHAIRWOMAN MAC'KIE: Okay. Anybody want to move that? I'll move it, get it on the floor. This is the, quote-unquote, moratorium during the study period, and understanding that we can proceed in phases, all of the staff's recommendations in that regard. Anybody want to second it? COMMISSIONER CARTER: COMMISSIONER NORRIS: what -- CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: I'll second that. Where do you see that -- I mean, where, It's a part of 12(a)(2). 12 (a) (2) . Yes, sir. Basically transmittal of a resolution to provide policies to conduct a rural and ag. assessment, provide for interim development standards and identify NRPAs, so we've done one piece and now -- COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: -- I've made a motion as to -- regards to the other two. COMMISSIONER CONSTANTINE: I don't support the motion in the for-what-it's-worth category. CHAIRWOMAN MAC'KIE: You don't want to transmit the -- I don't understand. Could you tell us what your position is? COMMISSIONER CONSTANTINE: If it comes down to a three-two split, I'll be happy to. COMMISSIONER NORRIS: We only need three, don't we, on this? COMMISSIONER CONSTANTINE: Yeah. CHAIRWOMAN MAC'KIE: To transmit? Okay. So we have a motion -- COMMISSIONER BERRY: Wait a minute, wait a minute, wait a minute. What is the motion? CHAIRWOMAN MAC'KIE: My motion is that we transmit to the state -- I'll read it to you -- a resolution to the Department of Community Affairs for review of comprehensive plan amendments that provide policies to conduct a rural and agricultural assessment and that provide for interim development standards in accordance with the staff report for 12(a) (2). MS. CACCHIONE: For the record, Barbara Cacchione. Those are the items including in the final order that we are to adopt by September 14. CHAIRWOMAN MAC'KIE: Right. We're ordered to do by today. So I'm just making a motion to that effect. COMMISSIONER CARTER: And I second that motion. CHAIRWOMAN MAC'KIE: Further discussion? COMMISSIONER BERRY: Yeah. I'd really -- Commissioner Constantine, I'd like to know what your objection -- where we're at here. What are you hearing that I'm not hearing? COMMISSIONER CONSTANTINE: I'd like us to take more immediate action than a three-year study. COMMISSIONER NORRIS: Just -- COMMISSIONER BERRY: Oh, well, that's easy. COMMISSIONER CONSTANTINE: I'm just remaining consistent with what my prior position has been, and I would love it if you'd join me. COMMISSIONER BERRY: Yeah, well, don't go out to lunch on it. CHAIRWOMAN MAC'KIE: Any further discussion on the motion? If not, all in favor, please say aye. Aye. Page 78 September 14, 1999 COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Passes four to one. COMMISSIONER CONSTANTINE: I would have given a more passionate argument if it weren't so late in the day. CHAIRWOMAN MAC'KIE: Okay. All that business about deferring to the consensus of the majority and all that doesn't apply here. We'll be back at 1:30 from our lunch break. (A luncheon recess was taken at 1:08 p.m.) CHAIRWOMAN MAC'KIE: Let's call the meeting back to order, please, for the Board of County Commissioners for September 14th, 1999. COMMISSIONER CONSTANTINE: Are we going to go to that? CHAIRWOMAN MAC'KIE: We -- we are going to hear first of all from Ken Pineau for another update on Hurricane Floyd. MR. PINEAU: Well, good afternoon, commissioners. Ken Pineau, Emergency Management Director. Things are starting to look pretty good for us. It's -- the eleven o'clock report, Hurricane Floyd has weakened a little bit. The pressure's starting to rise. The maximum winds were 145 miles an hour. It's moving toward the northwest, looks like at about 14 miles per hour. It doesn't look good, however, for the folks living north of Palm Beach tomorrow. In fact, the track is going to be probably 15 to 20 miles off the coast all the way up into the Brunswick, Georgia area. So it will be category four hurricane force winds. The good thing is that the -- they'll be on the good side, but they could have hurricane force winds all the way up. We have opened up Barron Collier High School for the residents of the East Coast. We have about 50 people in there right now, but I think that that will increase during the afternoon. There's about 10,000 folks in shelter over in Dade County and about 4,000 in Broward, and likewise, up in the Palm Beach County area. So things are looking better for us. I think that the, you know, four o'clock time for the onset of the tropical storm force winds. Here, it might be a little later than that. We've had gusts to 29 already in the last hour. This is going to be primarily at four o'clock, generally the eastern part of the county and things will be a lot better tomorrow, I think. CHAIRWOMAN MAC'KIE: Okay. Commissioner Constantine? COMMISSIONER CONSTANTINE: One of the great things -- one of the only good things about Hurricane Andrew was the way different communities in the state helped out Homestead and those areas when they had trouble. Do we have any plan for assistance if Palm Beach or north of there gets hit hard? MR. PINEAU: Absolutely. Yeah, we're a signatory to the catastrophic mutual aid agreement, and in fact, our fire services are forming up a task force right now to possibly send folks up and whatever it takes, whatever the requests are, I'm sure that we'll be able to honor them from Collier. COMMISSIONER CONSTANTINE: Great. Page 79 September 14, 1999 CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CARTER: Does that also mean that we can keep going beyond four o'clock? CHAIRWOMAN MAC'KIE: Well, maybe a little beyond, but I asked him that on the break and he said he'd rather us get moving by four, but if we're close, we'll finish up. COMMISSIONER CONSTANTINE: But with your chair skills, you'll ship us through and we'll be done. CHAIRWOMAN MAC'KIE: We're going, absolutely. Thank you. MR. PINEAU: Okay. Thanks. Item #8A1 Resolution 99-364 APPOINTING VARIOUS MEMBERS TO THE RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE - ADOPTED. RESOLUTION 99-364A APPOINTING VARIOUS MEMBERS TO THE RURAL LANDS ASSESSMENT AREA OVERSIGHT COMMITTEE - ADOPTED CHAIRWOMAN MAC'KIE: So we're going to go to item 8(A) (1) and 10 (N) . 8 (A)(1), which has to do with the appointment of committee members, and we're just trying to get through the whole agenda before four o'clock, so stay with us. MR. MULHERE: Good afternoon. For the record, Bob Mulhere, Planning Services Director. The first order of business on this agenda item will be appointments to the oversight committees, and I think it's necessary for Ramiro Manalich to come up and give you an overview, I guess, of a memorandum that he's already distributed, and there is some additional information that he would like to share with the board. And while he's doing that, I have, just for ease of facilitation, clean copies of the spreadsheet with all the names to pass out to you. CHAIRWOMAN MAC'KIE: And while he's coming up too, let me ask, have you -- do you have a list of committee potential appointees who remain eligible subsequent to Mr. Manalich's opinion? MR. MULHERE: The easy answer is yes. Some of those probably are debatable and I guess that's something you'll have to discuss as we go through, but I think there are some that clearly have no conflicts, regardless of the opinions that will be expressed by the county attorney's office. CHAIRWOMAN MAC'KIE: Okay. Ramiro, there are a couple of categories of -- of excluded participants. One had to do with agency employees. Are they excluded or not? MR. MANALICH: Yeah. Good afternoon, Madam Chairwoman, members of the board. For the record, Ramiro Manalich, Chief Assistant County Attorney. Basically what we recommended was that any paid staff members, employees or advocates for any entity or organization should not be appointed if the committee reasonably found that such person is being paid privately for the same subject matter over which they will be working on the committee; land owners with in excess of i percent ownership in the affected area; if an applicant is a compensated member of an entity which has litigation with the county on the same Page 80 September 14, 1999 subjects; and with regard to the state agencies, we actually recommend that they probably not be appointed either because they would either have significant land ownership or would have interest in the subject matter of the committee's work. Now -- CHAIRWOMAN MAC'KIE: So for example, on this rural fringe committee, let me just ask you, do you -- your opinion would eliminate Jim Beever? He's the Florida Fish and Wildlife Commission. MR. MANALICH: At this point, yes. My initial answer is all the state agency people, although remember, they can fully participate and be used as expert witnesses. CHAIRWOMAN MAC'KIE: I just want to go down the list to be practical here. Bruce Boler who's DEP, he's off. Brad Cornell, is he off the list because he's a plaintiff in a lawsuit? COMMISSIONER BERRY: Yes. COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: Wayne Daltry is off the list because he's a paid -- MR. MANALICH: Which list are we talking about? CHAIRWOMAN MAC'KIE: We're doing fringe. MR. MANALICH: Fringe? Okay. Excuse me, which one are we on? CHAIRWOMAN MAC'KIE: We've eliminated Beever. We've left on Biles, Boggs, Boggs. We've eliminated Boler. We've left on Conrecode for now. Do you agree with that one? MR. MANALICH: As far as what I know. I talked to Mr. Mulhere about it. I did not believe initially that there was a problem. CHAIRWOMAN MAC'KIE: Brad Cornell is off? MR. MANALICH: Not necessarily. COMMISSIONER CONSTANTINE: Suing the county. CHAIRWOMAN MAC'KIE: Suing the county over Twin Eagles. COMMISSIONER BERRY: Suing the county. MR. MANALICH: Well, but -- okay. Let me comment on that. He is a paid member of the organization -~ CHAIRWOMAN MAC'KIE: He's not paid, no. He's merely the -- the volunteer officer, volunteer president. MR. MANALICH: Okay. As a volunteer, he would not, because the statute does not prohibit philosophical conflicts. It's only where you have an employment or contractual relationship. CHAIRWOMAN MAC'KIE: Okay. So he remains eligible. Is Wayne Daltry eligible? COMMISSIONER BERRY: No. MR. MANALICH: He's a government agency person. CHAIRWOMAN MAC'KIE: That's what I thought. Roger Dykstra, eligible or not? MR. MANALICH: I think he's okay at this point, from what I know. CHAIRWOMAN MAC'KIE: Isn't he involved in lawsuit somewhere? Does that make a difference? COMMISSIONER BERRY: Yes, he is. MR. MANALICH: Again, I thought this was a public interest lawsuit. He was an individual named plaintiff, but I don't believe he would have special private gain or loss and that he was not compensated by that entity for which -- CHAIRWOMAN MAC'KIE: Okay. MR. MANALICH: -- is bringing the lawsuit. Page 81 September 14, 1999 CHAIRWOMAN MAC'KIE: He stays on. David Ellis, CBIA executive director? MR. MANALICH: Interesting question there. My inclination initially was of concern, but the question there to me becomes, does this organization have positions -- he's obviously being compensated by the organization. CHAIRWOMAN MAC'KIE: Right. MR. MANALICH: Do they have positions that they have taken in regard to the subject matter about which the committees will be operating? CHAIRWOMAN MAC'KIE: You mean, the advocate for the building industry, there's some question about whether or not they have a position on these comp. plan issues? COMMISSIONER CONSTANTINE: Before you even answer that. I mean, if somebody on AARP has -- has a position, then we would disqualify them? I mean, we're getting to the point of absurdity here. If someone is suing the county, I understand. If somebody stands to gain, fine, but if someone from the Chamber of Commerce, I mean, is generally representing the business community at large, that just doesn't seem like any reason to exclude that person. MR. MANALICH: Well, I would say if they're -- if they're at large, if their organization is not taking specific positions about the subject work of the committees. Now, the basic notion here, as I understood it from talking to the Commission on Ethics attorneys is, we're dealing with two sections of the statute. One is a voting conflict prohibition that looks at mechanically, do you have a special private gain or loss from your involvement on those votes or your -- CHAIRWOMAN MAC'KIE: And that's taken care of in this chart. MR. MANALICH: But the second part of it that's giving us a struggle here is the one that says you can't be paid privately by an entity to be an advocate for a position that they take for duties you will perform publicly. COMMISSIONER CONSTANTINE: And how I would hear that though is that, is this your primary purpose, and there are a couple of agencies or groups on here that their primary purpose, virtually their only purpose is to influence local ordinances in this -- on these type issues. CBIA, I would say, is not. Do they have a position? Maybe. But is that all they do? No. Chamber of Commerce, might they have a position? Maybe. But is that their sole purpose? No. And I mean, if somebody -- if AARP said, we think it's in the best interest of Collier County to slow down building but wanted to participate, we'd say, well, because AARP took a stand, we're not going to allow a representative of AARP to be on here? CHAIRWOMAN MAC'KIE: Let's deal with the ones we have. MR. MANALICH: That was the -- although we may not -- you and I may not totally agree with that, I mean, that was the exchange that I had with Ethics Commission attorneys informally, and they basically said that, yes, that was a disqualifying situation. CHAIRWOMAN MAC'KIE: So you're going to have to give us your best advice on whether or not, for example, David Guggenheim as president of the Conservancy and David Ellis as executive director of CBIA are eligible to serve. Page 82 September 14, 1999 MR. MANALICH: Well, on those, I mean, I spoke to Mr. Ellis briefly on the break and he's, I think, somewhat new. He replaced Mr. Ward -- CHAIRWOMAN MAC'KIE: Right. MR. MANALICH: -- and frankly, I think in talking with him, he wasn't sure whether they had taken specific positions on the subjects about which this committee will be operating. Now, Mr. Guggenheim, although obviously well regarded professionally, I think -- my rationale would be, yes, there would be a problem there, because my understanding is his entity is very much involved, just from watching today, in the subject matter of the work of these committees. CHAIRWOMAN MAC'KIE: How are they very much involved, and CBIA, who's likewise here, how would there be a distinction between those two organizations? MR. MANALICH: There may not be. I mean, I just know, factually, that with Mr. Guggenheim, from what I observed, I think it's much more problematic. It may be the same case with Mr. Ellis, but I don't know enough about -- COMMISSIONER CONSTANTINE: I'll tell you what. For me, I'd like to see them both on. CHAIRWOMAN MAC'KIE: Me too. MR. MANALICH: Let me tell you something. There is an option that you have here, which is, under the law, and I mentioned this in the memo, there is an exemption provision, which says if you believe that it's important enough to get this input from the community and these people they're representing, you can exempt them so that they can serve. That would include Mr. Guggenheim, include Mr. Ellis. However, that does not necessarily remove any voting conflict matter that they may have, but -- CHAIRWOMAN MAC'KIE: They have to determine that on their own. MR. MANALICH: -- they can participate and maybe not vote if they have a voting conflict and we can deal with it as it comes up in the work of the committees. That is another option. CHAIRWOMAN MAC'KIE: So on both David Ellis and David Guggenheim, you're telling us we can -- MR. MANALICH: I have concerns there. COMMISSIONER BERRY: But wait a minute, isn't there still the opportunity for, say, both Mr. Ellis and Mr. Guggenheim to come as experts and -- and present their positions to the committee? MR. MANALICH: Yes. Essentially the levels you would have of options would be, first, for any of these people, you could choose to exempt them. They would have to make a disclosure on the record here today to you about what their potential conflict may be. You would by two-thirds vote, and I have to figure that out mathematically with five, but I assume that's four, you would by two-thirds vote then have to approve them. They would then go in and be able to function, but if we determine on any particular vote they have that there's special private gain or loss, then on that, they would have to not vote, but they would have been able to participate if they filed a disclosure. Now, the second level is what you referred to, Commissioner Berry, which would be to appoint people that we don't have any questions about and then have everyone else participate as either Page 83 September 14, 1999 expert witnesses or just regular witnesses from the public. So we're trying to give you several options here. COMMISSIONER BERRY: Which still allows the public participation part of it, which we want. MR. MANALICH: Right, but I'm just saying in response to Commissioners Mac'Kie and Constantine, there is a way that some of these people could actually be on there with an exemption in the process I mentioned. CHAIRWOMAN MAC'KIE: Well, that's the -~ that's the avenue I'm going to be the most interested in and let them make a determination for themselves whether or not they have a conflict and can vote. But let's continue down the list and see if there's any more. Cindy Hackney is the same, I guess, as Brad Cornell. She's suing us, but it's public interest. It's the Twin Eagles suit. COMMISSIONER CARTER: What about Gary Hayes? COMMISSIONER CONSTANTINE: I -- I just -- CHAIRWOMAN MAC'KIE: And you may not support her because of that, but that's -- I'm just trying to find out who's eligible and who's not. Gary Hayes, no problems, right? MR. MANALICH: Not that I can tell and -- CHAIRWOMAN MAC'KIE: Same thing with Dawn Jantsch who's the president of the Chamber, same question as we had with David Ellis and David Guggenheim. MR. MANALICH: A concern. COMMISSIONER CONSTANTINE: I thought the Chamber hasn't taken a position though. Then again, that's for her to determine, but I don't think the Chamber's taken any position. MR. MANALICH: I mean, eventually it does fall back on these people who do run the risk of individual complaints, you know, if they put themselves in this position too. CHAIRWOMAN MAC'KIE: Okay. Michael Lehn is Sun Bank. I don't see a problem there. Pat Miller, Gulf Coast Bank, no problem. MR. MANALICH: The only question I had there was, if they are primarily involved in construction lending and have some -- COMMISSIONER CONSTANTINE: Oh, come on. CHAIRWOMAN MAC'KIE: Pat Miller clearly is. I mean, I -- COMMISSIONER CARTER: Every bank in this area is involved in construction lending. MR. MANALICH: I don't know if that's -- I mean, I'm just saying, that's potential. COMMISSIONER CONSTANTINE: We want to find someone who has absolutely no knowledge whatsoever on the topic. COMMISSIONER CARTER: The Skunk Ape. CHAIRWOMAN MAC'KIE: Put him on the committee. I'm for that. COMMISSIONER CONSTANTINE: I mean, the -- you look at CBIA, I don't know how many members they've got, 1,000, 1,500, the Chamber's got 2,000 members, Conservancy has 5,500 members. You're telling me none of those are representative of the community at large because they might have staked out some sort of position? MR. MANALICH: Well, remember, it's not the philosophical, it's if they're compensated. A rank and file number who's not a compensated representative would not be prohibited from any -- Page 84 September 14, 1999 CHAIRWOMAN MAC'KIE: So here is one option for us, guys, if we wanted to do this totally clean, and I'm not proposing it, I'm just putting it out here, is that we could create the committees today and appoint them in two weeks so that, for example, instead of Dawn Jantsch from the Chamber being the paid professional applying, the volunteer president, as in the case of Brad Cornell for Audubon, the president or some other designee for the Chamber applies on their behalf. Likewise on the Conservancy, likewise for CBIA. I mean, they all can get there, they just have chosen at this point to send their paid staffs to get there, which I -- COMMISSIONER CONSTANTINE: Because they actually have jobs and lives to live. CHAIRWOMAN MAC'KIE: Yeah, so, I mean, that's an option. They can be represented, it's just not by their paid staff unless we make an exception. MR. MANALICH: Unless they're -- even if they're paid staff, if their entity hasn't taken positions on these issues about which the committees would work, then that would be okay too. CHAIRWOMAN MAC'KIE: Chuck Mohlke, Ray Pelletier, Tony Pires, questions on any of those? MR. MANALICH: Pires, I thought was a concern and actually has withdrawn, is my understanding. COMMISSIONER NORRIS: I have some concern about that. COMMISSIONER BERRY: Oh, Tony has withdrawn? CHAIRWOMAN MAC'KIE: Tony withdrew? MR. FERNANDEZ: Yes. CHAIRWOMAN MAC'KIE: Ronnie Poplock, Louis Dehnz -- COMMISSIONER CONSTANTINE: Stirns. CHAIRWOMAN MAC'KIE: Thank you. Stirns. Clarence Tears, I guess he's not eligible? MR. MANALICH: Right, under the state concept. CHAIRWOMAN MAC'KIE: Wes Wilkins, and Mr. Zichella is a construction manager for WCI. Sure seems to be paid -- MR. MANALICH: There's a concern there. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: questionable because -- COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Yeah. On who, Clarence? Clarence is out, but Zichella is He's a construction manager? Well, he's paid in the industry. I mean, that's how absurd this position is. COMMISSIONER CONSTANTINE: I just don't agree with the position. I don't know if a majority of the board does. I don't agree with the position. CHAIRWOMAN MAC'KIE: Well, we can make exceptions with a two-thirds vote. COMMISSIONER CONSTANTINE: I think what -- and let me ask just if the board agrees with this. We ought to, as a group, set a policy one way or the other rather than picking and choosing, okay, we will accept this person, we won't that. Do we have a general acceptance of the policy that Ramiro was suggesting or do we not agree with that? CHAIRWOMAN MAC'KIE: The problem then would -- if we were to agree, the problem would then be for Miss Jantsch, for example, does she want to take the risk that somebody's going to file an ethics Page 85 September 14, 1999 complaint against her for violation of this particular statutory section. COMMISSIONER CONSTANTINE: Which somebody could do. In her case, the Chamber's taken no -- I saw her shaking her head before -- taken no stance. So I don't know that there would be any merit to it, but I understand the -- CHAIRWOMAN MAC'KIE: Yeah, but those aren't fun, merit or not, you know. COMMISSIONER CONSTANTINE: Oh, don't I know it. MR. MANALICH: Now, if you had the exemption, they won't be able to complain against her -- if you exempt her by the proper vote, they won't be able to complain that she's on the committee. The complaint would be that she voted on something where she or her principal had a special private gain or loss, so it does eliminate some of the complaint concern. COMMISSIONER BERRY: Okay. Go back to number 20, Ronnie Poplock. You have certified public. Certified public what? MR. FERNANDEZ: Accountant. COMMISSIONER BERRY: That's what I thought. It's just kind of -- COMMISSIONER CARTER: You're telling me Clarence Tears is out and I think he would have been a critical person in this process. MR. MANALICH: Mr. Tears -- well, again, what we made was a comment -- and again, the state people could be exempted too, but the initial thought was the state has substantial land ownership out there and/or positions that their paid employees have taken, their entities have taken. It cuts both ways. COMMISSIONER CONSTANTINE: I think we should invite the different government agencies to participate, but I don't think the government agencies should have people taking up slots that if this is supposed to be, as everyone has stressed over and over, open to the public, public participation, a representative of local government or the state government is not the public. They are government, and so we ought to fill these in -- invite them to participate, but let's open every slot we can up to members of the public. CHAIRWOMAN MAC'KIE: Here's what I'm going to say, and then John -- I wish that we would create the committees today, reopen the advertising so people can submit a clean application. The Chamber might have chosen to submit somebody else, for example, if Ramiro's memo had come out before closing of the deadline, but the deadline for application had closed before the memo came out, so people didn't have a chance to submit a clean applicant, as it were. COMMISSIONER NORRIS: Well, when are we -- don't we have a deadline to get some of this work done, especially on the fringe? Let me ask a question. How many people on this list are board members of the Audubon Society? CHAIRWOMAN MAC'KIE: What about Audubon? COMMISSIONER NORRIS: About the Boggses, Boler, Cornell, Dykstra. COMMISSIONER BERRY: The two Boggses are. CHAIRWOMAN MAC'KIE: See, they're -- they're not paid members. They're regular old volunteers. COMMISSIONER NORRIS: But they're board members, and therefore, you know -- MR. MANALICH: Yeah, if they're not compensated members, then -- because the law doesn't prohibit philosophical -- Page 86 September 14, 1999 COMMISSIONER NORRIS: But they're not just run of the mill members. They're board members. MR. MANALICH: I don't think -- as long as they're not compensated, that's the line that's drawn. It's a contractual or employment relationship. COMMISSIONER CONSTANTINE: Is a construction manager compensated specifically for taking a side of an issue? MR. MANALICH: I think that one -- you know, all I said is there's a question. I mean, if they're -- do they have major projects out in the rural fringe or the rural assessment? If they don't, then I think it's greatly diminished and Mr. -- COMMISSIONER BERRY: I don't think Watermark's got anything going east of 951. COMMISSIONER CONSTANTINE: I'd like to try to -- I think even with the question marks we have here, we have enough people that we can pick ten good people. COMMISSIONER NORRIS: COMMISSIONER BERRY: this committee? CHAIRWOMAN MAC'KIE: How many do we need? I was gonna say, how many do you want on They've recommended ten. It's up to us to COMMISSIONER CONSTANTINE: Let's just see what we can do. COMMISSIONER NORRIS: Okay. I'll start on the first page. I'll nominate Fay Biles, then go to Tom Conrecode. CHAIRWOMAN MAC'KIE: Two each, how about that? Let's do two each. Does somebody else want to jump in? COMMISSIONER NORRIS: Well, we may have some conversation depending on who's picked. CHAIRWOMAN MAC'KIE: Yeah, this is just for conversation. COMMISSIONER NORRIS: I picked Fay Biles and Tom Conrecode off the first page. Anybody got any objection to any of those? COMMISSIONER BERRY: No. COMMISSIONER NORRIS: Anybody have any objection to Fay Biles or Tom Conrecode? COMMISSIONER CONSTANTINE: No, I don't have an objection to either one of them. COMMISSIONER CARTER: No. COMMISSIONER NORRIS: Okay. Then those are in. CHAIRWOMAN MAC'KIE: Well, let's get everybody's nominations and then we'll vote on them as a package. COMMISSIONER CARTER: I will recommend David Ellis and David Guggenheim. CHAIRWOMAN MAC'KIE: Okay. I know that I'd like to see Chuck Mohlke on there, so I'll put him in there. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: than Chuck Mohlke? CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: Pat Miller and Michael Lehn. Those are yours? Who do you want, Madam Chairwoman, other I'm still thinking. You could appoint Louis Stirns and we would certainly get down to the bare facts. CHAIRWOMAN MAC'KIE: I don't know who -- why do you all keep -- is it -- never mind. I probably don't need to know. COMMISSIONER CONSTANTINE: Nude recreation center. Page 87 September 14, 1999 CHAIRWOMAN MAC'KIE: Is that him? Thus the bare facts. See, I don't get these jokes. I'm out of the loop. COMMISSIONER CONSTANTINE: I would like Gary Hayes and Dawn Jantsch. CHAIRWOMAN MAC'KIE: So there's one spot left. I think either Alan or Susan Boggs. COMMISSIONER CONSTANTINE: If they're on the Audubon board, I do have a problem with that because they're suing the county over land use issues right now. COMMISSIONER CARTER: COMMISSIONER BERRY: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Boggs, Miss Berry? COMMISSIONER BERRY: Alan isn't. How about -- I put him down because he's a retired Exxon So who would you suggest instead of Mr. I would suggest -- we're supposed to be looking to the general public. How about Ray Pelletier? COMMISSIONER NORRIS: He's as general as you can get. CHAIRWOMAN MAC'KIE: I'm gonna stick with Alan Boggs because I'm afraid that's the part of the public that's kind of left out of here, unless somebody wants to go with Brad Cornell instead. COMMISSIONER CONSTANTINE: I don't know what part you mean. CHAIRWOMAN MAC'KIE: The environmental part. COMMISSIONER CONSTANTINE: Are you suggesting none of the other people are interested in -- CHAIRWOMAN MAC'KIE: I'm not suggesting that. I was suggesting that -- I'll tell you what. Instead of Alan Boggs, let's make it Brad Cornell. COMMISSIONER CONSTANTINE: No. I like Brad a lot, but -- CHAIRWOMAN MAC'KIE: Okay. Can you live with Alan Boggs? Can three people live with Alan Boggs? COMMISSIONER CARTER: I can live with Alan Boggs. CHAIRWOMAN MAC'KIE: There's two. COMMISSIONER CONSTANTINE: I like Ray Pelletier. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER NORRIS: COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: I like the Ray Pelletier idea. That's two. I suggested it. What, Ray Pelletier? Yeah. Well, that's three for -- Well, there you go. Okay. That committee's done then. COMMISSIONER CONSTANTINE: Can I just read these and make sure we all have the same thing? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER BERRY: So who do we have on there? COMMISSIONER CONSTANTINE: Fay Biles, Tom Conrecode, David Ellis, David Guggenheim, Gary Hayes, Dawn Jantsch, Michael Lehn, Patrick Miller, Chuck Mohlke and Ray Pelletier. COMMISSIONER NORRIS: That's one of them. CHAIRWOMAN MAC'KIE: Somebody make a motion, I guess to that effect. COMMISSIONER NORRIS: I'll make a motion that we accept those nominations. Page 88 September 14, 1999 COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: And are we actually adopting an ordinance or something on this? MR. MANALICH: No. What I would recommend is that you make -- add to that motion or make a separate motion that you've had, I guess, as close as we're going to have to a full disclosure through the application process and the discussion and analysis we went through of these potential conflicts and that you exempt probably -- and I guess we can go down individually -- but just, David, do they need to cite individuals or just as a whole exempt these people on the basis that they've been informed of the potential conflicts and they believe it's necessary to appoint them. MR. WEIGEL: Let's go with a whole and you're giving us direction from the board to create an ordinance to advertise and bring back before you to implement these appointments. COMMISSIONER CONSTANTINE: Can I make a suggestion that if anyone we appointed doesn't feel they can vote, that they let us know that and we probably ought to replace them because it's kind of essential to the process that they be able to vote. And if they can't vote, they can still participate, but I happen to think all ten people there can vote legally without a problem, but if someone feels that they cannot, they might want to either withdraw now or -- MR. MANALICH: I mean, they might have just a one issue type voting thing as opposed to, you know, all of the votes they do. COMMISSIONER CONSTANTINE: Yeah, and I'm sorry. I need to clarify. That's what I'm speaking of. If somebody thinks they can't vote at all on these, clearly they probably shouldn't be -- CHAIRWOMAN MAC'KIE: And they wouldn't have known that at the time they applied, so -- COMMISSIONER NORRIS: So let's call this first question on -- CHAIRWOMAN MAC'KIE: Did you -- you were going to say something, Ramiro, about an ordinance or you just want that finding -- MR. MANALICH: Well, we have two options. One is an ordinance route. The other one is simply an exemption by two-thirds vote as to the people that are in question. Obviously, the easier mechanism is through the exemption. We don't have to come back with an ordinance. We would do it based -- if we have a two-thirds vote for that exemption as to -- actually, not everyone on here was necessarily concerned, but David, if you think it's safer to extend that to everyone and see if we have two-thirds for everyone on that exemption. MR. WEIGEL: I think that would be fine. CHAIRWOMAN MAC'KIE: who made it. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: So is that included in the motion? I forgot I made it. Is that included in the motion? Yes, I'll incorporate that into the motion. Exemption finding takes two-thirds. MR. MANALICH: I assume that's four. My calculus background is failing me. COMMISSIONER NORRIS: Three would be 60 percent. CHAIRWOMAN MAC'KIE: Okay. Any further discussion on the motion? We have Fay Biles, Conrecode, the CBIA representative, the Conservancy, Naples Chamber, the -- COMMISSIONER CONSTANTINE: Gary Hayes. Page 89 September 14, 1999 CHAIRWOMAN MAC'KIE: -- two bankers -- COMMISSIONER BERRY: Gary Hayes. CHAIRWOMAN MAC'KIE: -- Lehn and Miller, Chuck Mohlke, Ray Pelletier, and to the extent necessary as indicated in our earlier discussions, we're finding an exemption from the potential conflict that Mr. Manalich described. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Okay. Now, rural lands. COMMISSIONER CONSTANTINE: How many members are we looking for on this one? COMMISSIONER CARTER: Fifteen. CHAIRWOMAN MAC'KIE: We're looking for 15 and we had 31 applicants, but how many of those shall we eliminate? Can you do that for us without me taking you through them one by one? COMMISSIONER CONSTANTINE: Beever, Boler. COMMISSIONER CARTER: Beever's out. CHAIRWOMAN MAC'KIE: We know Beever's out, Boler's out. COMMISSIONER NORRIS: Can't we just do the same thing here and each of us -- we want 15, each nominate three? CHAIRWOMAN MAC'KIE: And I guess if any of us nominate somebody, Ramiro, that you clearly feel is not available to serve, you'll tell us? MR. MANALICH: You've chosen -- are you choosing for this committee to also not have the state agency reps. on these committees? COMMISSIONER NORRIS: Right. CHAIRWOMAN MAC'KIE: Is that -- a majority of the board agrees, the state agencies are out? COMMISSIONER CONSTANTINE: Almost half of these are government agencies. You've got Beever, Boler, Daltry, Hanlon, Hibbard, Kirk -- I'm sorry, Johnson, Kirk, Krakoski, Polizos, Santee and Clarence Tears, and also individual to be named by Department of Ag., so you've got maybe ten or -- CHAIRWOMAN MAC'KIE: So we have one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty potential committee members. COMMISSIONER NORRIS: Let me start off with Bothoff and Crews. Oh, we need to do three. CHAIRWOMAN MAC'KIE: We need to do three. COMMISSIONER NORRIS: We need to do three. Ron Hamel is with the Citrus Growers. Now, is he -- does he have a conflict? CHAIRWOMAN MAC'KIE: He's a paid member of -- MR. MANALICH: That was a concern. I mean, I thought -- COMMISSIONER NORRIS: I think that one might be a concern. Hanlon -- then I'll skip down to Hanlon. CHAIRWOMAN MAC'KIE: But he's definitely off because he's an agency. COMMISSIONER NORRIS: Because he's University of Florida? COMMISSIONER CONSTANTINE: Let me just say on Hamel, I think he's not unlike when we just did CBIA or the Chamber or other things, they may have interest here, but citrus deals with multiple counties, multiple issues, this isn't what he's focused on solely. Page 90 September 14, 1999 COMMISSIONER NORRIS: Okay. Well, I'll leave Hamel in and he can decide whether he thinks he's got a conflict. CHAIRWOMAN MAC'KIE: Okay. There's three. Somebody want to suggest three more? COMMISSIONER CONSTANTINE: Which three did you pick? CHAIRWOM3YN MAC'KIE: He did Bothoff, Crews and Hamel. COMMISSIONER BERRY: Then I'll do Rodney Harvey, Ann Olesky and Jim Rideoutte. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CARTER: I'll do David Guggenheim. MR. MANALICH: He, again, same concern as before. CHAIRWOMAN MAC'KIE: Right, we'll do it. COMMISSIONER CARTER: Fred Thomas and David Santee. COMMISSIONER NORRIS: David who? COMMISSIONER CARTER: I think it's Santee. CHAIRWOMAN MAC'KIE: I think he was eliminated as an agency. COMMISSIONER CONSTANTINE: He's with a government agency. CHAIRWOMAN MAC'KIE: Farm Bureau, is that the Farm Bureau Insurance or is that some kind of government agency? COMMISSIONER CARTER: No, the Farm Bureau is -~ CHAIRWOMAN MAC'KIE: Tell us. COMMISSIONER CARTER: -- a co-op. COMMISSIONER CONSTANTINE: He needs to come up here if he's going to -- CHAIRWOMAN MAC'KIE: Did you hear him, Ramiro? Could you repeat what he said? MR. MULHERE: He said he was an insurance agent with the Farm Bureau. CHAIRWOMAN MAC'KIE: That's what I thought. Okay. So he's still o~. COMMISSIONER NORRIS: We'll put him in. CHAIRWOMAN MAC'KIE: Okay. I'd like to -- no, go ahead, Tim. COMMISSIONER CONSTANTINE: I'm still working. COMMISSIONER NORRIS: There's this MacKie guy. CHAIRWOMAN MAC'KIE: Okay. I'd like to see that MacKie guy on there. COMMISSIONER BERRY: How about Sonia Tuten? CHAIRWOMAN MAC'KIE: Sonia? COMMISSIONER BERRY: Tuten. She's president of the Chamber now over in Immokalee. She's not paid. She's their -- CHAIRWOMAN MAC'KIE: Okay. MR. MANALICH: Does the MacKie gentleman with Corkscrew swamp, do we have knowledge to whether they have taken positions on the work for which -- CHAIRWOMAN MAC'KIE: If necessary, we'll roll him into the exemption vote. COMMISSIONER CONSTANTINE: I'm going to say Richard Smith and Nino Spagna. CHAIRWOMAN MAC'KIE: And I'd like to see Nancy Payton and I don't have Dawn -- COMMISSIONER CONSTANTINE: I'm not going to support Nancy. She's -- couple reasons. One, pending legal issues, but also had chosen not to participate in this process as we went along before and has been somewhat obstructive with both us and the private entities, so -- Page 91 September 14, 1999 COMMISSIONER CARTER: She's a paid lobbyist too. COMMISSIONER CONSTANTINE: Yeah. COMMISSIONER NORRIS: Yeah. MR. MANALICH: I just would mention in fairness, there have been others that have been paid that have been exempted. CHAIRWOMAN MAC'KIE: As is Ron Hamel and -- he does it for a living. COMMISSIONER CONSTANTINE: All they do is environmental issues? CHAIRWOMAN MAC'KIE: No, he's a lobbyist for citrus. I mean, he's a great guy. I think he belongs on there, but he is -- COMMISSIONER CONSTANTINE: We just disagree. CHAIRWOMAN MAC'KIE: It is his job to be a lobbyist. What about Brad Cornell? COMMISSIONER CONSTANTINE: Same objection. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER BERRY: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: on, right, Tim? Are there three objections to him? There's one here. There's two. Three. Okay. What was the official on Nancy Payton? I suggested her. There's one rejection. Two. Three. Three. Four. How many are we short now? Well, we've got Nino Spagna. You put him COMMISSIONER CONSTANTINE: We've got one, two, three on the back Fred Thomas, Nino Spagna, Richard Smith, David Santee, Jim page. Rideoutte, Ann Olesky. COMMISSIONER NORRIS: We've got four on the back page. COMMISSIONER BERRY: We've got four on the back page. We've got Sonia Tuten. COMMISSIONER CONSTANTINE: Oh, Sonia Tuten, I'm sorry. I have one more which I will again suggest, Dawn Jantsch. COMMISSIONER BERRY: Are we gonna put her on two committees, Tim? COMMISSIONER NORRIS: Guggenheim's on two. COMMISSIONER BERRY: Well, okay. Let me just bring something up maybe you all aren't aware of. The Immokalee Chamber did not have -- or does not have -- or they now do have a paid executive. Their paid executive left that position and came to Naples. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER BERRY: They now have another executive that has taken over that role. I don't know if they should be included. My tendency would be that they should be asked if they would like to participate in this. I don't know that they want to, but they may be asked to do so unless you think that Sonia Tuten, in her role, is representing the Chamber. COMMISSIONER CONSTANTINE: I would assume so if she's the president -- COMMISSIONER BERRY: Okay. COMMISSIONER NORRIS: What is the -- has there been an objection to Michael Kirk? Page 92 September 14, 1999 CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: in this though. COMMISSIONER CARTER: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Manalich? Who is he? He's with the school system. Oh, yeah, agency, state agency. Well, it's not an agency that has any stake I really thought he was a good candidate. I did too. Can we make an exception for him, Mr. MR. MANALICH: Well, what we talked about there was that I think the public schools probably have significant land ownership in the affected area. COMMISSIONER CONSTANTINE: Significant land? I think they have 1 percent of the land out there. MR. MANALICH: I don't know. Mr. Mulhere? MR. MULHERE: I do not know how much land they own. There is an issue of school siting. Whether that is germane or constitutes a conflict or a potential conflict, I can't answer that question, but school siting is an issue. I do not know how much land the school board owns in the rural -- COMMISSIONER CARTER: Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER BERRY: I don't know of any land that is owned in the area that we're talking about here. Now, if you're talking about the rural fringe, that might be a different situation, but as far as the eastern Collier properties -- MR. MULHERE: I think, Commissioner Berry, you would know the answer to that question better than I~ MR. FERNANDEZ: I don't think in this case though that the ownership of land and the interest of siting a school goes to financial benefit. I just don't think it does. MR. MANALICH: But again, we're looking at whether this person would be paid by the school system to advocate positions that will be coming to the committee. CHAIRWOMAN MAC'KIE: Right. MR. MANALICH: So it isn't just private gain or loss, but again, you have the exemption route on some of these people too. CHAIRWOMAN MAC'KIE: Let me -- because I've only suggested one person that you guys have accepted so far, so let me try this. Either of the Boggs, I would be happy with. Is there any objection? COMMISSIONER CONSTANTINE: Yeah. CHAIRWOMAN MAC'KIE: There's one objection. COMMISSIONER BERRY: Two objections. COMMISSIONER NORRIS: Three objections. CHAIRWOMAN MAC'KIE: Okay. Roger Dykstra, I'd be happy with. COMMISSIONER NORRIS: One. COMMISSIONER CONSTANTINE: Two. COMMISSIONER BERRY: Three. CHAIRWOMAN MAC'KIE: I don't know any of the others well enough to make a recommendation. COMMISSIONER NORRIS: What's Wes Wilkins down there, number 29? COMMISSIONER BERRY: Wes Wilkins lives in southern Golden Gate Estates. He is an architect. Page 93 September 14, 1999 CHAIRWOMAN MAC'KIE: Are you guys sure you don't want to leave this open for two weeks and let people without -- without conflicts apply? COMMISSIONER NORRIS: We're almost finished. Let's finish. COMMISSIONER CONSTANTINE: We only have one spot open. COMMISSIONER CARTER: We decided Kirk had too much of a conflict or are we willing -- COMMISSIONER CONSTANTINE: I'm okay with him. I don't know that he -- maybe somebody knows this different than I do, but I don't know that he applied as a representative of the school board. MR. MULHERE: He did. COMMISSIONER CONSTANTINE: Did he? MR. MULHERE: Yes. COMMISSIONER NORRIS: Did you pick Wes Wilkins then? CHAIRWOMAN MAC'KIE: No, I didn't pick anybody. I don't know any of the other well enough to -- COMMISSIONER NORRIS: So we're just going to leave it with what we've got? CHAIRWOMAN MAC'KIE: Unless -- COMMISSIONER BERRY: How many do we have? CHAIRWOMAN MAC'KIE: We've got 14. There's one more slot if somebody wants to suggest somebody. COMMISSIONER CONSTANTINE: Do you know Wes? Are you comfortable with him? COMMISSIONER BERRY: I know him, yes. I've met with him, not on this issue, but I've met with him. COMMISSIONER CONSTANTINE: Are you comfortable with him filling that spot? COMMISSIONER BERRY: That's fine with me. COMMISSIONER CONSTANTINE: I'm okay with that. COMMISSIONER CARTER: I'm okay with that. I'm willing to go -- CHAIRWOMAN MAC'KIE: Okay. Somebody make a motion. COMMISSIONER CONSTANTINE: Madam Chair, I'll make a motion that we approve for the Rural Lands Assessment Area Oversight Committee the following 15 names: Bothoff, Crews, Guggenheim, Hamel, Harvey, Jantsch, MacKie, Olesky, Rideoutte, Santee, Smith, Spagna, Thomas, Tuten and Wilkins. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: wrong. He says it MacKie. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Second. With the pronunciation -- he says his name Obviously, Mac'Kie is correct. On the last page, who did you have? I only suggested one that was acceptable to a majority, and that was Mr. MacKie. COMMISSIONER CONSTANTINE: On the final page, Commissioner Berry, I had Smith, Spagna, Thomas, Tuten and Wilkins. MR. MANALICH: Madam Chairwoman, in line with previous action, what I would ask is that the motion be amended factoring in the material of record, which is the application, as well as the discussion about conflicts that we've had to extend, again, the exemption to these people to the extent that they may have a conflict in terms -- COMMISSIONER CONSTANTINE: Please consider the motion amended. COMMISSIONER NORRIS: Second. Page 94 SEP ! 1999 RESOLUTION NO. 99-364 A RESOLUTION APPOINTING MEMBERS TO THE RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE WHEREAS, the County is required by the State of Florida Administration Commission, pursuant to the Final Order of Case No. AC-99-02, to conduct an assessment of the rural and agricultural area of Collier County, including: all lands designated Agricultural/Rural; the Big Cypress Area of Critical State Concern; all conservation lands outside the County's urban boundary; and Southern Golden Gate Estates; and WHEREAS, the Final Order states that the Assessment shall be a collaborative, community- based effort with full and broad public participation; and WHEREAS, the Final Order encourages the County to consider the appropriateness of undertaking the assessment in phases designed to address short-term as well as long-term community needs and geographical differences; and WHEREAS, on August 3, 1999 and September 14, 1999, the Board of County Commissioners agreed to conduct a bifurcated analysis of the assessment area, with one process focusing on the "Rural Fringe" area depicted on the map attached hereto and labeled Exhibit "A;" and WHEREAS, on August 3, 1999 the Board elected to create a citizens committee to oversee the assessment and development of comprehensive plan amendments for the Rural Fringe area; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby appointed to the Rural Fringe Assessment Area Oversight Committee: Fay Biles, Ph.D. Tom Conrecode, P.E. David Ellis David E. Guggenheim, Ph.D. Gary Hayes Dawn D. Jantsch, C.A.E Michael D. Lehn Patrick K. Miller Chuck Mohlke Ray Pelletier The terms of office of said members shall expire on the date that the Committee submits its report to the Board of County Commissioners. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the Board hereby waives the provisions of Sections 112.313(3) and (7), Florida Statutes, as an exception permitted under Section 112.313(12), Florida Statutes, for certain appointees whose employment or agency status may fall within said provisions which might otherwise create a conflict of interest. SEP! 1999 This Resolution adopted after motion, second and majority vote. DATED: September 14, 1999 .,.ATTEST: ,,' , DWIGHT E,. BROCK, Clerk '~ tt~;~""~'~t~n s Approved as to fo~ and legal su~cicncy: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chair~voman David C. Weigel /-) County Attorney DeW/kn 2 RESOLUTION NO. 99-364-A A RESOLUTION APPOINTING MEMBERS TO THE RURAL LANDS ASSESSMENT AREA OVERSIGHT COMMITTEE WHEREAS, Collier County is required by the State of Florida Administration Commission, pursuant to the Final Order of Case No. AC-99-02, to conduct an assessment of the rural and agricultural area of the County, including all lands designated Agricultural/Rural, the Big Cypress Area of Critical State Concern, all conservation lands outside the County's Urban Boundary, and Southern Golden Gate Estates; and WHEREAS, the Final Order states that the assessment shall be a collaborative, community based effort with full and broad public participation; and WHEREAS, the Final Order encourages the County to consider the appropriateness of undertaking the assessment in phases designed to address short-term as well as long-term community needs and geographical differences; and WHEREAS, on August 3, 1999, the Board concluded that it would create a citizens committee to conduct an analysis of the Rural Assessment area and to oversee the assessment and development of comprehensive plan amendments for the Rural Assessment area in a separate process from that of the rural fringe area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby appointed to the Rural Lands Assessment Area Oversight Committee: Richard Bothoff Floyd Crews David E. Guggenheim, Ph.D. Ron Hamel Rodney D. Harvey Dawn Jantsch, C.A.E. Andrew J. Mackie Ann Olesky Jim Rideoutte David Santee Richard J. Smith Nino J. Spagna, Ph.D. Fred Thomas Sonia Tuten Wes R. Wilkens The terms of office of said members shall expire on the date that the Committee submits its report to the Board of County Commissioners. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the Board waives the provisions of Sections 112.313(3) and (7), Florida Statutes, as an exception permitted under Section 112.313(12), Florida Statutes, for certain appointees whose employment or agency status may fall within said provisions which might otherwise create a conflict of interest. This Resolution adopted after motion, second and majority vote. SEP 1 ~ 1999 DATED: September 14, 1999 ATTEST:, .,, DWIGHT.. E2..BROCK, Clerk : '. ~ ':~:: ~...', ~ · · · ~,~., ;.', , ..- ,., . - Attest...': a~:.' t~.,Chl t m~n' s sloiiature','~l$. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman David C. Weigel ~) County Attorney DeW/kn 2 September 14, 1999 Item #10N DISCUSSION OF UTILIZING PROFESSIONAL FACILITATING SERVICES FOR COMP PAN AMENDMENTS - STAFF TO COME BACK IN TWO WEEKS WITH A LIST OF APPLICANTS Commissioner Carter, I think the next one is an item that you asked to give us some information on about a facilitator or some help with the process. Excuse me, Mr. Mulhere has to say something. MR. MULHERE: Yes, I'm sorry to interrupt. I know it's a long day already, but there was one other issue on that item that I think needs to be dealt with either now or possibly even after your discussion relative to the facilitator, and that is, I included in the packet some projected schedules which are somewhere in this pile of papers here that I just dropped on the floor. One of the tasks that needs to be accomplished, I think, is for the eastern -- and you'll recall that the board supported this -- the proposal of the eastern Collier property owners to come back with a presentation on the data collection and data analysis methodology sometime in either late October or early November. Now, that was agreed to on the record by Ernie Cox, and I think that that needs to be confirmed because before the eastern Collier property owners bring that proposal to the board, I believe that we need to bring that to the Planning Commission and the EAC in a public forum so that we ensure that there are at least two public hearings at which the public has an opportunity to comment, and so that timing is going to be critical for the staff. We also need to do that for the rural fringe. We can do it at the same meeting, but my proposal would be that no later than, I believe it's August -- or excuse me, October 24th for the planning -- COMMISSIONER CONSTANTINE: Bob, can you boil that down into about ten seconds of what you're looking for? MR. MULHERE: Well, we need to confirm some dates for when the board will hear a recommendation by the eastern Collier property owners. COMMISSIONER CONSTANTINE: Your suggestion for that would be? MR. MULHERE: Second -- first board meeting in November. CHAIRWOMAN MAC'KIE: Any objection to that? COMMISSIONER CONSTANTINE: None. CHAIRWOMAN MAC'KIE: Okay. MR. MULHERE: And we will schedule a meeting prior to that with EAC and the CCPC. CHAIRWOMAN MAC'KIE: Good. Okay. Commissioner Carter, give us whatever information --COMMISSIONER CARTER: Yes, quickly, and I apologize to the board for bringing this back, but this is the only forum I know to do this in, and I believe that we'd like to retain a facilitator for the rural -- or for the fringe area, not for the rural oversight, but for the fringe area, and my reasoning behind that is that as I've reread this executive order, what we're trying to do is to make sure that we are not contaminating this process in any way. A facilitator's job, and I want somebody who does not care what the outcome is, they know what the time line is, they know what the Page 96 September 14, 1999 specifications are and they guide that process to get us there, and if you use someone who has any association with whatever we're doing, it is suspect, and I think we're building a case here that as we go along that we're doing a first class job, and I think a facilitator would give us that opportunity, who has no axe to grind, to accomplish that, and I would suggest that someone like -- let us choose a focus group for this community be retained for that process. I don't want anybody who is leaning one way or the other. I think our county administrator could quickly retain somebody to help us do that. COMMISSIONER NORRIS: Commissioner Carter, do you have any new information that we haven't heard in the last two times we've denied to do this -- declined to do this? COMMISSIONER CARTER: Well, I just think, Commissioner Norris, my reflection is that if you want broad based public participation, that if we -- we want to make sure that whoever's leading this process cannot be associated with an idea that they're trying to direct it one way or another, that we're better to remove staff from the situation where they are inputters versus people who are trying to facilitate. My concern is that downstream when this is all said and done and somebody challenges this, they come back and they say, yeah, well, we think if you would have had a facilitator, you might have been able to get more objective conclusions. I don't want to go at that risk. That's why I'm coming back -- COMMISSIONER NORRIS: I think you're selling yourself short. I think you made it clear, your position, the last two times we declined to do this. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: I think I understand what Jim is trying to get at, but I would like to approach this from another angle. What if we were to, knowing that the County Attorney's Office has got a lot on their plate at this point in time with a lot of other issues, what if we proposed the idea of retaining outside counsel that would advise us through -- and that their primary focus is strictly to advise us how to get through this whole process, would advise both the rural fringe committee and also the committee that I'm going to chair. CHAIRWOMAN MAC'KIE: I think that's an excellent idea. COMMISSIONER BERRY: And have them just -- I mean, that's their focus, and some knowledge of DCA and how that whole thing works up there, but that is their main focus, that's the only thing that they will have to do and we'd do that on a retainer basis or whatever's the legal jargon that you do to -- COMMISSIONER CARTER: We could also -- COMMISSIONER CONSTANTINE: I can support that with two caveats. One, that they're licensed as required by the State of Florida. COMMISSIONER BERRY: Yes. COMMISSIONER CONSTANTINE: And two -- small in-house joke there. And two, that that attorney doesn't bring back the idea of a facilitator again to this board. COMMISSIONER BERRY: Okay. COMMISSIONER CARTER: So that attorney may -- that attorney may operate in that process as facilitating those discussions is what I'm hearing Commissioner Berry say. CHAIRWOMAN MAC'KIE: That's right. Page 97 September 14, 1999 COMMISSIONER BERRY: Well, they tell you whether you're doing the right thing here. In other words, following the order and all those kinds of things, and I would assume that when we have our meetings, that that person would sit with us to advise us -- I mean, that's what I'm looking for. CHAIRWOMAN MAC'KIE: Are we complying with the final order's requirements that we have full public broad based participation. We need that legal advice at every turn to tell us -- to protect us and prepare for our defense in the inevitable objections that will be filed. COMMISSIONER BERRY: But then I want that person, having had that experience of working with both committees, when it comes time to go to the DCA, they know what the process was and they can represent us there and say, look, you know, I've been there, I've seen, I know what they did. COMMISSIONER CONSTANTINE: How would you suggest we select the individual to play that role? CHAIRWOMAN MAC'KIE: I had mentioned this to Mr. Weigel briefly in the hallway the other day. I wonder if you have any ideas? MR. WEIGEL: I do. Just a few, however, and that is, one thing to keep in mind with hiring an attorney to be the facilitator or assister in the process, is that the question may be in the -- in the context of conducting the process, the procedure with the board, that attorney may, in fact, yes, provide you advice as to where you should go and you may not want to go there. CHAIRWOMAN MAC'KIE: Right. MR. WEIGEL: And if you don't go there, arguably you're not following legal advice of counsel, but you still may not want to go there in the process. So I think that's one thing to keep in mind is that there can be a benefit. I think that an attorney can provide much of what you're looking for, but he or she will be having that additional role that a facilitator clearly would not have, and that is to advise you legally. CHAIRWOMAN MAC'KIE: But I think what they're interested in is that legal advice. COMMISSIONER CONSTANTINE: Right, and perhaps I misunderstood what Commissioner Berry said, but the first words out of your mouth is if you'd like to hire an attorney to play in the role of facilitator, which wasn't what I thought she said. COMMISSIONER BERRY: That's not what I said. COMMISSIONER CONSTANTINE: We're looking for someone to guide us very specifically through the legal hurdles in this process. I'm not looking to have someone who happens to have a J.D. play the role of facilitator. MR. WEIGEL: Okay. Well, I was responding to Commissioner Mac'Kie who had spoken with me this past week in regard to this in fulfilling the facilitator role, but again, you can have the parameters -- COMMISSIONER CARTER: I think there's two issues here. One, the legal counsel to guide us through the process, I would totally agree with Commissioner Berry on this. I would like to see us have outside counsel to help us formulate and take us through this process to build the plan. Page 98 September 14, 1999 The second part of it, I would still come back to you, and it probably will not fly on this board, but that you have a facilitator to run the committee that's dealing with the rural fringe. Those are two different issues. I can go where they want to go with the outside legal counsel. I have no trouble with that. COMMISSIONER CONSTANTINE: Just, if you're polling the board, I, for one, haven't changed my mind at all. There's no new information, so I still don't have any interest in a facilitator. CHAIRWOMAN MAC'KIE: With regard to legal counsel for compliance with the order? COMMISSIONER CONSTANTINE: Great. CHAIRWOMAN MAC'KIE: Commissioner Berry, have you changed at all on the facilitator? COMMISSIONER BERRY: I'm not interested in a facilitator. I don't think for my particular -- the committee that I'm going to be working with, I think at this point in time, we'd benefit more with the legal counsel than we would with a facilitator. CHAIRWOMAN MAC'KIE: But Commissioner Carter's proposal for a facilitator has to do with the fringe only. COMMISSIONER CARTER: Fringe only. I'm not talking about the rural oversight. I'm only talking about the fringe area because this is a technical committee that was to be guided by staff, and my point was that I think staff should be taken out of that role and we should have an outside facilitator take that group through it. COMMISSIONER NORRIS: I can support outside counsel for legal opinion, legal advice, but not as a facilitator. CHAIRWOMAN MAC'KIE: So the two of you agree on that. Commissioner Carter and I agree on the other -- on both, and the question comes to you. COMMISSIONER BERRY: I don't know if there's an advantage or a disadvantage of sitting at the end of the table. COMMISSIONER CONSTANTINE: I'm just frustrated that there is zero, there was no new information, and while I appreciate your strong COMMISSIONER CARTER: Well, let me say this, Commissioner. I have revisited the situation, and in reflection on it, I just think that we are setting ourselves up for difficulty -- potential difficulty by not using an outside facilitator on a committee that's called technical, driven by staff, which is inputting information with people later on looking at this and saying, wait a minute, were they trying to direct this and not allowing for maximum participation by someone who guides it who has no axe to grind, could care less. You want to paint the streets green, he doesn't care. COMMISSIONER CONSTANTINE: I appreciate your opinion, it's just that we have no new information and it does the process no good to continually bring it back, bring it back, bring it back because you've been on the losing side of the issue. COMMISSIONER CARTER: It's not on the losing side of the issue. I'm just bringing it back to the board for consideration. If the board decides not to do this, that's the prerogative of the board. COMMISSIONER BERRY: The answer from my side is no. CHAIRWOMAN MAC'KIE: Okay. Mr. Weigel, there is, however, direction for an attorney to guide us through for compliance with the Page 99 September 14, 1999 order. Do you have advice on how we would go about that process or could you have some advice for us in two weeks at our next meeting? MR. WEIGEL: I certainly can in two weeks and -- but do you have that time to allow me? CHAIRWOMAN MAC'KIE: I'd rather you give us what you got. MR. WEIGEL: Okay. I'm going to give you what I've got in any event, and that is, that there is some flexibility under the purchasing policy that specifically talks about counsel and the use of the county attorney. I think if you, as a board, go on record today providing whatever authorization that you wish to solicit and bring before you an attorney or attorney's choice to be made, we can provide that solicitation quickly. If it is your pleasure to have, in fact, a choice -- a list to choose from, that's what we would attempt to do quickly for the next two weeks. Otherwise, you know, we'd go out and use our own best measurements and bring back a singular attorney for you, but -- CHAIRWOMAN MAC'KIE: I'd like to have a list. What do the rest of you think? COMMISSIONER CARTER: They need to be Florida Bar certified, I would -- CHAIRWOMAN MAC'KIE: Or admitted, not certified. MR. WEIGEL: Exactly. CHAIRWOMAN MAC'KIE: Do you guys want Weigel to choose the attorney or do you want us to choose the attorney? That's basically the question. COMMISSIONER CONSTANTINE: If the time allows us to choose it, great. I don't know what time constraints we're under to meet Mr. Mulhere's goal of the first Tuesday in November. CHAIRWOMAN MAC'KIE: At the next meeting on the 28th, we could have a list of attorneys and appoint one? MR. WEIGEL: Yes. CHAIRWOMAN MAC'KIE: That's what I suggest. COMMISSIONER BERRY: I'll agree with that. MR. MULHERE: I don't think that presents any conflict for us. CHAIRWOMAN MAC'KIE: Okay. And we're going to move on to our morning agenda. Item #8A2 NEW HOPE MINISTRIES REQUESTING A WAIVER OF TEMPORARY USE PERMIT FEE FOR SEMI-ANNUAL SALES TO BE HELD THROUGH MARCH 2002 AT 7675 DAVID BOULEVARD - APPROVED Okay. We have New Hope Ministries. COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: There's a motion. Is there a second to approve? COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: Any discussion? Any registered speakers? MR. FERNANDEZ: Yes, you have one -- CHAIRWOMAN MAC'KIE: Want to talk us out of it? MR. FERNANDEZ: -- Joan Nunno. CHAIRWOMAN MAC'KIE: Would you mind waiving, because we're going to have -- we have a motion and a second in favor. Page 100 September 14, 1999 Okay. Motion and a second. Ail in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: It passes unanimously. Item #8A6 TOURIST AGREEMENT FOR DAVID SHEALY FOR SCIENTIFIC AND MEDIA EXPEDITION TO STUDY SKUNK APES - DENIED Next item has to do with the Skunk Ape. COMMISSIONER CARTER: What an introduction. CHAIRWOMAN MAC'KIE: That's as far as I can go. MR. MIHALIC: Good afternoon, commissioners. For the record, I'm Greg Mihalic, Director of Housing and Urban Improvement. I come before you this afternoon to discuss with you a tourism agreement with Mr. David Shealy who wants to use tourist development funds, $44,000 of tourist development funds to have two expeditions to search for the Skunk Ape in rural Collier County. This proposal was presented on August 30th to the Tourist Development Council, and by a 4-1 vote, they -- they agreed to recommend it to the Board of County Commissioners -- excuse me, that was a 5-1 vote, they recommended to refer it to the Board of County Commissioners for your consideration. I'm before you today to answer any questions you might have for this special event, special project. COMMISSIONER CONSTANTINE: It was earlier noted that Mr. Davis had changed his opinion or had a different interpretation of the motion he had made on one of our land planning items. Bill Barnett had sent -- I think all of the board has seen the letter, but he was the one who actually made the motion in favor of this, had sent a letter saying that he had made an error in his opinion in that, so that's probably worth noting. COMMISSIONER CARTER: My comment on this is that this is a management axiom. Its employee expectations long nourished and management decisions long delayed cause morale problems. What I think we did here is raise a false expectation and delay the decision that should have been made back by the T.D.C. that I don't believe this is the purpose for T.D.C. funds, so I -- I am going to be on the side of denying this request because I don't think it's appropriate. CHAIRWOMAN MAC'KIE: And I was already there. I'm the one of the 4-1. COMMISSIONER CONSTANTINE: Do we want to hear from Mr. Shealy? CHAIRWOMAN MAC'KIE: Of course we do. Are there any other registered speakers besides Mr. Shealy? MR. COILE: Yes, ma'am. CHAIRWOMAN MAC'KIE: Have you registered? MR. COILE: Yes, ma'am. CHAIRWOMAN MAC'KIE: What's your name? MR. COILE: My name's Rocky Coile. CHAIRWOMAN MAC'KIE: Let's hear from Mr. Shealy and then we'll hear from you. MR. COILE: Certainly. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: He listed the wrong item. Page 101 September 14, 1999 CHAIRWOMAN MAC'KIE: Gotcha. MR. SHEALY: So I take it from Mr. Carter that I've been led on, that I've been led to believe something that's not gonna happen? I've been led to believe that when Mr. -- CHAIRWOMAN MAC'KIE: Excuse me -- excuse me, sir, for the record, would you please -- would you identify yourself for the record? That's all I needed to ask you to do. MR. SHEALY: Sure. I'm David Shealy. I was in a train of thought. COMMISSIONER CONSTANTINE: David, let me just make a suggestion. This is your opportunity to try to convince the board. Nobody's led you on. There's a process that you go through. You make an application. It goes before the TDC. They make their recommendation. That doesn't guarantee any result. Whatever happens today is the end result, so you have about a five minute window to make your case. MR. SHEALY: I was just under the impression by what Mr. Carter said that I had been led on and I should have been shot down a long time ago. Now, I gave that opportunity to this board of commissioners over six months ago that if you wanted to drop this, we would drop it, but nobody wanted to drop it, and so as a matter of speaking, I've put in a lot of work and I've worked hard and I feel I deserve this, and as far as this expedition thing goes, you can just change that to an event -- I mean, an expedition and event. You can call it what you want to call it, but the fact is, it's good for tourism, it's good for Collier County. I've worked for two years, 25 years in all, very hard for this and I have never once come into this meeting where I wasn't disappointed, and I was really hoping that today, because I followed the path step by step all the way. I've taken you all's directions. This was done with the help of the county attorney, Greg Mihalic, Susan Pareigis of the Economic Development Council. If there's somebody here to argue this today with me and wants to get up here and put me down, then so be it. I've done a good job and I've gotten no respect. COMMISSIONER CONSTANTINE: David, I have some specific questions about your application. MR. SHEALY: Yes, sir. COMMISSIONER CONSTANTINE: You have four line items on here, 10,000, 10,000, 15,000 and 9,000. The scientific expedition scheduled for October of this year, how have you -- MR. SHEALY: That's part of a promotions package. COMMISSIONER CONSTANTINE: -- how have you distributed word for that or how do you intend to? Is that magazine advertisements or -- MR. SHEALY: Let me tell you, my phone rings off the hook every day, phone calls from around the world. I need to be in Canada on the 25th for a week. There's a big gathering of Big Foot hunters there. That's where I need to be. I don't have any money right now. I've spent all my money today. I don't have any money to go and do the things I need to do. Now, I've paid and paid and paid and I've brought millions and millions of dollars worth of promotions to Collier County and I've sat and watched millions and millions of dollars being thrown away on what I believe is just pure garbage trash. Page 102 September 14, 1999 Now, this is a good thing and I wish I'd get some support because I love Collier County and I want to see it here for my son, for his kids. I don't want to see it torn up by bureaucracy. COMMISSIONER CONSTANTINE: Great. I'm asking you a very specific question. What do you intend to spend that $10,000 on? MR. SHEALY: Well, right now, I'm not sure, and if that's the real issue in this, we can -- I'd like to do it in December because that's when the weather's good, and if that's a real issue, we can work on it, we can work together, and if it turns out that I can't do the expeditions and that's not what you want to do, then that's -- it's not fine, but I can live with that, but as far as my personal appearances go, I'm already scheduled to speak at several schools in the county, AARP's asked me speak. I spoke at the Rotary Club, the Yacht Club and I always do that with the highest regard for Collier County, and I don't know anybody else around here that does that kind of work for nothing. COMMISSIONER CONSTANTINE: I appreciate the work you do for Collier County, but my questions are specific to this application, and that is, I can run through each of them or we can just do it as a whole. MR. SHEALY: Whatever you'd like. COMMISSIONER CONSTANTINE: Of the $44,000, do you have specific expenditures in mind? Do you know -- are you going to buy some ads in a particular magazine, are you going to do a particular mailer or how are you going to spend that money? MR. SHEALY: Well, that money's going to be spent in a lot of ways. I believe I can turn the $10,000 into ten million dollars worth of promotions, but -- COMMISSIONER CONSTANTINE: And I need you to tell me how. MR. SHEALY: -- it needs to be handled very carefully and there's a lot of intricate parts. One of the things I'm going to need is transportation to carry gear into the Everglades, so you're looking at about $1,200 there just for buggies and equipment to get the camp set up. And you can't expect 10 or 15 people to pack their own lunch for a week. I mean, you have to bring some food, and I look at the money that's being spent on beach renourishment and on the tee growings (phonetic) and on this golf tournament. I mean, nobody in my family has ever played a game of golf. God bless people that do, but I -- I actually have a business that collects a tourist tax. It's -- it's a partnership that's failing, but I do have a business that collects this tax and I don't understand what a golf game is doing to help my business. That's partially the reason my business is failing because the people who are being attracted to this area don't come out to the Everglades to spend the night and that's what a bed tax -- and that's what I pay the bed tax for, to help my business and the businesses in Everglades City, and right now, a lot of the restaurants have closed down and people are starving down there. We need help. I can do that, please. Please, God. CHAIRWOMAN MAC'KIE: Other questions for Mr. Shealy? If not, our next speaker. MR. FERNANDEZ: Mr. Coile, Rocky Coile. MR. COILE: Yes, sir. It was going to be good morning, but it's good afternoon. Page 103 September 14, 1999 CHAIRWOMAN MAC'KIE: And I need you to identify yourself for the record, please. MR. COILE: Madam Chairman, commissioners, my name's Rocky Coile. I'm a native of South Florida. I think everybody's getting off on the wrong foot. The issue's not Big Foot or David Shealy. The issue's advertisement for Collier County. Advertising, what is it? Funk and Wagnalls defines advertising as a system or method for attracting public notice to an event or -- to be attended or desirability of commercial products for sale and promotion. He did it. He got me here today, he got you all on the -- he got it on the agenda today. That much has already been done. It's also a fact he's had two half hour television shows, not to count radio, the internet and your own paper and other papers throughout the county -- or throughout the United States. This one happens to have three pages, and this type of advertising is priceless. Didn't cost anybody anything. It was just the interest that's been generated. It's not what David Shealy will do for Collier County, but what he's already accomplished for Collier County and accomplished without your assistance. This should not be a proposal before the commission, it should be a bill for services already rendered. As we know in advertising as well as politics, it's not what people are saying about you, but that you've accomplished something for them to talk about at all. This is exactly what David Shealy's accomplished here today and I urge you to vote for the proposal. Thank you and have a good day. CHAIRWOMAN MAC'KIE: Questions for the speaker? Okay. MR. FERNANDEZ: No other speakers, Madam Chairman. CHAIRWOMAN MAC'KIE: No other speakers. Obviously, my position is the same as it was at the time of the TDC meeting. Sorry, David, one shot. MR. SHEALY: I thought you were gonna put in a good word for me. CHAIRWOMAN MAC'KIE: speak. Is there a motion? COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: One shot, David, please. One opportunity to I make a motion to deny. Motion. Is there a second? I'll second it. Motion and a second. Any discussion? COMMISSIONER CONSTANTINE: I'm going to support the motion because there isn't a specific plan. It's not that you haven't done a lot of good for the community and worked hard, David, but for $44,000, we have to know -- and this is the same thing we ask every single group that comes here, where are you going to buy advertising, how are you going to reach out to them? MR. SHEALY: I am advertising. COMMISSIONER CONSTANTINE: The one thing that was mentioned was a capital expenditure, which is prohibited by the TDC law. CHAIRWOMAN MAC'KIE: There's a motion and a second. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 104 September 14, 1999 Item #8A7 REFUND OF ROAD IMPACT FEES TO NAPLES COMMUNITY HOSPITAL - APPROVED MR. MIHALIC: Thank you, commissioners. CHAIRWOMAN MAC'KIE: I hate to take a break. Let's try to keep going since we're going to try to stop at four. Maybe we could go to the Naples Community Hospital item. Are you okay, our court reporter? Okay. Naples Community Hospital Impact fees. While they're coming up, Mr. Fernandez, you were gonna give us your opinion in writing about the treatment of these fees. It's probably in my in-box or mail or something somewhere. I haven't seen it. MR. FERNANDEZ: It's in your in-box. I have a copy of it here. Would you like me to read it or just distribute it to you? CHAIRWOMAN MAC'KIE: Distributing it would be fine at this point. Do you have a staff report? MR. CAUTERO: Good afternoon, commissioners. Vince Cautero, for the record, from the Community Development and Environmental Services Division. As a brief introduction, I would like to just state that with support from Mr. Fernandez, several changes in impact fee administration have been made in the Community Development and Environmental Services Division, one of which has been the hiring of a full time impact fee coordinator, that is Mr. Phil Tindall, and he's going to make the presentation today, but I just wanted you to note that we had hired somebody on a permanent basis who you'll be hearing from on a regular basis. Thank you. CHAIRWOMAN MAC'KIE: In the interest of trying to complete our agenda and knowing that we've all heard a lot about this, I wonder, is there any question about whether or not we should make a refund to the hospital? It seems to me the question is just how much the refund should be. Is there a question -- is that the issue before us today, board members? COMMISSIONER CONSTANTINE: I've got a couple points. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: One -- and I know the ordinance deals specifically with hospitals and so on. From a pure sense and governmental sense and Republican sense, it seems as though it was the responsibility of the hospital to do this at the time. If this was anybody other than our community hospital, I would not be interested because that somebody else discovered they could get it later and to come back in some of these cases seven years later, I think is just not good practice. We're not required to do this, but I think because it is Naples Community Hospital, we should do this, and I don't understand the logic. I think if we're going to do this, let's go ahead and refund the whole amount. I've talked with Mr. Weigel about it. I have yet to fully comprehend the logic of why we wouldn't pay the entire amount back and I guess we could probably short-circuit, and I think that's what you were trying to do, is short-circuit the whole discussion and go to that one point because that seems like the only point we need to deal with. Page 105 September 14, 1999 CHAIRWOMAN MAC'KIE: Because likewise, I agree that we should refund it and we should refund the whole amount and we should apologize for having kept their money this long. COMMISSIONER CONSTANTINE: I would take out the apology, because again, it's their responsibility to ask for it along the way as they did this. It's not our responsibility to find -- COMMISSIONER CARTER: Commissioner Constantine, I'm not so sure I agree, because on page two it says there is no procedural practice currently in place in the building and permitting department to make applicants aware of this exemption, and I just want to make sure that we do make people aware that our job is to serve the public and I just think it's a moral obligation here to make this refund. So I just want to make sure we don't get ourselves in the same position in the future, and perhaps you can address that, sir. CHAIRWOMAN MAC'KIE: It sounds like at this point there are three members leaning toward the full refund, so if you'll focus on on the question of whether or not the refund should be full or partial, I'd appreciate it. MR. TINDALL: Sure. For the record, Phil Tindall from Community Development and Environmental Services. The position of the county administrator's staff is that we should refund the whole amount, and that specifically would be the 33,000 figure that would be less item one on the list on the first page of the executive summary, which was CHAIRWOMAN MAC'KIE: Thirty-three thousand? MR. TINDALL: I'm sorry, three -- my mistake. CHAIRWOMAN MAC'KIE: An extra zero? COMMISSIONER CARTER: Three hundred and thirty-seven thousand, I think. MR. TINDALL: In fact, let me put the summary on the visualizer for you. $337,181.18. CHAIRWOMAN MAC'KIE: Okay. So why don't we hear from Mr. Weigel about whether or not -- I mean, that seems to be the crux of the issue. County administrator recommends that. County attorney is recommending to the contrary. MR. WEIGEL: I -- thank you. I just wanted to bring to the attention of the board and for the record that the impact fee is an impact fee that's been around for a long time. It was in 1992, in December of '92 that the ordinance was amended to specifically state that the hospital facilities are exempt. Also though within that same ordinance, and I have flagged copies of the ordinance that I have passed out to you, is first -- the first flag on page 113 mentions that -- and these, I think, are rules of the law of the ordinance, which at least should be recognized. Your vote will ultimately be your vote, and that is that it states in subparagraph F that the road impact fees collected pursuant to this article, meaning the ordinance, may be returned to the then current owner of the property on behalf of which such fee was paid, if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary -- CHAIRWOMAN MAC'KIE: David, if I could ask you though, to give us the bottom line. MR. WEIGEL: Okay. The bottom line is, the hospital does create a road impact. That's not the question. The question is, the fees Page 106 September 14, 1999 have been paid, the time has passed, the fees have been expended. By law, I don't see the authority to make the return of those funds. CHAIRWOMAN MAC'KIE: And I guess I don't -- I don't see the moral authority not to, but that's my opinion. Are there registered speakers? MR. FERNANDEZ: No, Madam Chairman. CHAIRWOMAN MAC'KIE: I know that there's representation here from NCH. Do you want to -- COMMISSIONER CONSTANTINE: I'd like to hear the converse legal argument, which I'm sure somebody from NCH has. MR. MORGAN: I'm prepared to make a presentation, but if it is the consensus of the board, there's no need to do that. CHAIRWOMAN MAC'KIE: Well, we'd like to hear, I think, from Mr. Saunders about the -- we need a legal rebuttal to Mr. Weigel's position in order to have the authority to do what we think we are morally obligated to do -- or what I think we're morally obligated to do. MR. SAUNDERS: Thank you, Madam Chairman and members of the commission. My name is Burt Saunders with the Woodward, Pires, Lombardo Law Firm. I provided to the county attorney a case that I think is certainly on point and very compelling. It's Cardillo versus Florida Keys Aqueduct Authority, and that is the John Cardillo that we're all familiar with. He was a trustee on a case in which impact fees were paid, and I'd like to read just a couple little paragraphs because I think it basically tells the whole story. It involved Bayside Pub in Islamorada. They purchased an eight unit motel with the intent of expanding the motel to 30 units. Although the property was zoned for single family, the Monroe County Commission granted the building permit. After the building permit was issued, Bayside paid $33,000 in impact fees. Now, clearly, they were paying impact fees for a project that was approved by the commission and they paid it pursuant to a valid ordinance. The Court ultimately decided on a challenge that that building permit was not valid and the permit was revoked. Bayside then asked for their money back. Now, Bayside had a worse case than we have. In our case, the fees weren't owed in the first place. In this case, the fees were owed, and in this particular case, the Keys Aqueduct Authority had a state rule, it's a state agency, had a state rule that said no refunds. You pay a fee to the Keys Aqueduct Authority, you get no refund no matter what the circumstances are. So the Keys Aqueduct Authority refused to return the fee. They appealed that denial of the return of the fee. The Court said -- the District Court of Appeals said, the no refund rule as applied in the instant case leads to a result that defies logic, and of course, in this case, we would say a no refund defies logic, and is clearly unfair and inequitable. Bayside paid a $33,000 impact fee based on the granting of the building permit which allowed Bayside to expand the existing eight unit motel. Under the circumstances, the application of the no refund rule is clearly unfair and inequitable and has led to a result that defies logic. Nothing in this opinion should be construed as holding that the no refund rule is invalid, per Page 107 September 14, 1999 se, just that when you apply it in these circumstances, it makes no sense at all. I think that that's a compelling legal argument. I would also argue that the fees that were paid by NCH were not paid pursuant to this ordinance that deals with the impact fees in Collier County because there was no impact fee that was owed in the first place. I would also suggest to you that NCH, in 1995, specifically asked Collier County government for a clarification on road impact fees, and the county's response was that road impact fees were due and payable. I have a letter from George Archibald dated March 13th, 1995. COMMISSIONER CONSTANTINE: May I see that? MR. SAUNDERS: Yes, I'll provide it to you in just one second. In which -- it's a letter to George Archibald in which NCH asked for some clarification on the payment of impact fees. The county responded with a bill showing that the impact fees were due and payable. You add that to the executive summary that was prepared by the county staff and approved by the county attorney, and I want to read just one real quick paragraph from that. It deals with the fact that impact fee ordinances are a little bit difficult to interpret. For the builder to have asserted an exemption of impact fees at the time of permit application would have required detailed knowledge of ordinance 92-99, which is not typical in the building industry community. There is no procedure or practice currently in place in the building and permitting department to make applicants aware of this exemption. Staff is taking steps to improve procedures to avoid this type of occurrence in the future. I think staff recognizes that there was a problem. Let me provide a copy of the letter. There is an attachment to that letter. CHAIRWOMAN MAC'KIE: Are there questions on the legal argument, board members? COMMISSIONER CONSTANTINE: I've got a question for Mr. Weigel. Maybe this is what he was gonna read before. I don't know if Burt's done or not. If he's not done, I'll let him finish. CHAIRWOMAN MAC'KIE: Are you finished, Mr. Saunders? MR. SAUNDERS: In terms of the legal argument, yes, and I would just simply also say that in terms of the partnership that NCH has with Collier County, Mr. Morgan is prepared and anxious to discuss that if the board needs any further information concerning this. COMMISSIONER CONSTANTINE: I had a question for Mr. Weigel, and you may have started to read this before, but the executive summary on page two references section 2.04F or ordinance 92-22 and is fairly specific and it says, may be returned to the then current owner of the property on behalf if such were paid -- if such fees have not been expended or encumbered. I would like to find a way to return their money. I want to make sure we're not breaking the law in doing that and I need you to read me the specific part of the ordinance that prohibits that. MR. WEIGEL: Okay. Well, that -- that you can't make the payment back? Okay. Now, that's subsection F, which appears, I think, on page 113 of the first flag of the ordinance that I provided there, and again, looking at that specific language itself, it's may be returned, which is not shall, if certain requisite occurrences are in place, and that is that the fees have not been expended or encumbered prior to Page 108 September 14, 1999 the sixth fiscal year. Those conditions didn't exist for two or three of the latter impact fees that were paid. On that same page, 113 there on the right side of the page, subparagraph G mentions any owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and it goes on to say the county is entitled to retain and apply the impact fees. In this case, it's not a question of applying the impact fees. They're long gone. Now, secondly, an exemption as a legal term and application, whether it's on an IRS tax return or a public records exemption consideration, if not claimed, it is lost and I just bring that to your attention. We have provided for exemption here. We've also provided for payment, and on the last page that I'll cite you to, and I am answering your question somewhat roundabout, the last page 122 that I flagged on review hearings specifically does provide that where someone is required to pay a road impact fee pursuant to a section of the ordinance has a right to request a review hearing, and it further states there that failure to request a hearing within the time provided shall be deemed a waiver of such right. I have found nothing in the ordinance that provides the ability for the board to authorize the payment of funds that have been expended and/or which the time period has gone over. I looked and did not find it. CHAIRWOMAN MAC'KIE: David, what would we do if -- I'm sorry, what would we do though in the face of this court case where they had a law that was even clearer than ours? Theirs said no refunds no matter what. Ours says you may refund under certain conditions, and the Court said, you have to refund because it defies logic not to. MR. WEIGEL: And Mr. Saunders provided me the case and I respectfully disagree with some of his comment on it because I think the case is significantly distinguishable. In that case, this Cardillo, Keys Aqueduct Authority case, there was a payment for a fee and then the building permit never issued and so they said, well, we've got a no refund policy in our fee ordinance, that means it's ours if it was a mistake and we paid and we don't give you a permit or not. In this case, the permit issued, the road impacts were, in fact, incurred, and there is the nexus, and this is what the Court did say in its last page of opinion, there is no nexus between the impact fee paid by Bayside and retained by the such and such authority, and the actual or possible increased impact on the water system. That was a water system impact fee. There is an actual impact on our road systems, so I think there's significant distinctions between that case and this one. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes? MR. FERNANDEZ: If I could rephrase Mr. Constantine's question to Mr. Weigel. If, in fact, the majority of the board is interested in making this payment to the hospital, is there a finding of public purpose or other declaration that the board could make in order to make that finding legitimate? CHAIRWOMAN MAC'KIE: To legalize that refund. That's a perfect way to pose the question. Page 109 September 14, 1999 MR. WEIGEL: I can't say that that legalizes it. I think it creates a fine record and the check will be written or not written by the clerk upon the board's determination. COMMISSIONER CONSTANTINE: I will say, and I'm looking for a way to make this happen, but the letter that was provided talks about adjusting the impact fees, not waiving them. I'm not sure it completely makes the argument. I still think we need to go back and give them back, but I don't know if that's -- CHAIRWOMAN MAC'KIE: Just one second, Ed. I am gonna ask, because on the question here, Mr. Weigel says that he can -- if we make a finding in the record, the question is whether or not the clerk will cut the check. Is that a question you can answer for us, Mr. Mitchell? MR. MITCHELL: I'm sorry, commissioners, I was talking -- CHAIRWOMAN MAC'KIE: If the board makes a finding that there is a public purpose in refunding the full amount of the impact fees to NCH, is that a check that the clerk would cut? Can you answer that question today? MR. MITCHELL: For the record, Jim Mitchell, the Director of Finance and Accounting. If this board does validate the public purpose on the surface, I'd say that would be a check that we could cut. However, I would have to refer to our legal counsel to review it. COMMISSIONER CONSTANTINE: With that in mind -- COMMISSIONER BERRY: It's all in the same office. That's interesting. COMMISSIONER CONSTANTINE: With that in mind, I don't mind if Mr. Morgan wants to go on. However, with that in mind, I'd like to declare, I see this, and I hope the board does, as a public purpose. Make a motion we refund it in full. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CARTER: I'll second that. CHAIRWOMAN MAC'KIE: Discussion on the motion? Any other public speakers? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That motion passes unanimously. Thank you. COMMISSIONER CARTER: Do good things with that money. CHAIRWOMAN MAC'KIE: As they usually do. Item #8A8 RESOLUTION 99-365A TRANSFERRING THE MEDIAONE GROUP CABLE TELEVISION FRANCHISE TO AT&T CORPORATION - ADOPTED Commissioner Constantine pulled the MediaOne item off the consent agenda. Could you tell us why? COMMISSIONER CONSTANTINE: Yeah. MR. FERNANDEZ: Madam Chairwoman, before we move on, could we have a clarification on that motion? There was a portion of the impact fee that we all agreed that was not appropriate for refund. COMMISSIONER CONSTANTINE: That's correct, it did not include the 1992 one because that was pre-exemption. Page 110 September 14, 1999 MR. FERNANDEZ: Thank you very much. COMMISSIONER CONSTANTINE: I had pulled off this MediaOne thing because I was pleased to see -- we were talking about the third government access channel available after January 1 of '01, according to Commissioner Norris, the beginning of the millennium, and it says so long -- the wording here says, so long as its minimum requirement of original non-commercial, non-duplicative programming are met. It should read is met, but the non-duplicative part was part of our discussion before. It's a public service for us to run -- most people aren't home to watch this on a Tuesday, but they might watch it Wednesday night when it reruns, or there are certain other meetings that rerun. I don't want to get tripped up on having that third access -- third channel access available a year and a half from now if we're filled up with legitimate things, even if there are some reruns as part of that, and I just -- I wanted to make sure and get your assurance that you're comfortable that that is covered here because we had a big debate here one other day on duplicative programming. MR. FERNANDEZ: I'd like to ask Mr. Reynolds to speak to that if he would, please. CHAIRWOMAN MAC'KIE: And a representative from MediaOne is here, if you'd come on up and clarify that. Do you have the answer to that or should we get it from the MediaOne rep.? MR. WALLACE: For the record, Bleu Wallace (phonetic), Director of Utility and Franchise Regulation. Mr. Moncivaiz is the corporate affairs manager for MediaOne. I think I'd rather have him address that. That was included in his letter of his offer of the third channel that went to both the county and the city. COMMISSIONER CONSTANTINE: And you understand the point? There are certain things where there's a legitimate need to rerun. If we're just running things to fill space, I understand your concern. MR. MONCIVAIZ: Absolutely. My name's Gilbert Moncivaiz. I am the corporate affairs manager for MediaOne. That was in no way intended to be a point of contention. There is some flexibility with that. That was merely part of the proposal. In order to make that part of our asset, which is that spectrum, that channel available, we felt a little bit more comfortable saying that there was a minimum requirement associated with it. If that is the concern of the county and the only concern, I think that there is a way, since this was the proposal, to have that requirement removed. COMMISSIONER CONSTANTINE: Great. If we can do that, I'll move the item. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MACKIE: Passes unanimously. Just while we're on MediaOne, Commissioner Berry and Norris, don't you think it would be good use of our Channel 54 time if we taped and replayed some Marco City Council meetings and some Everglades City Council meetings? I think that would be darn good information for our coastal residents. COMMISSIONER NORRIS: Make us look better. CHAIRWOMAN MAC'KIE: Yeah. Seriously. Page 111 September 14, 1999 COMMISSIONER BERRY: It would be a little difficult for Everglades City. They don't broadcast. They have no taping equipment for -- CHAIRWOMAN MAC'KIE: We could tape it. We could send a videotape and do it. Page 112 RESOLUTION NO. 99-365-A A RESOLU~ON OF COLUER COUNTY, FLORIDA, APPROVING THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE FROM MediaOne Group, Inc., TO AT&T CORP. WH~AS, MediaOne Group, Inc., ("Franchisee") is as of the date of this Resolutien duly authorized by the Collier County Board of County Co .mmissioners (the "Franchise Authority") to operate and maintain a cable communications system (the "System") within its franchised areas pursuant to a franchise agreement (The "Franchise") granted by the Franchise Authority; and WHEREAS, pursuant to an Agreement and Plan or Merger among AT&T Corp., a newly formed subsidiary of AT&T ("Merger Sub"), and MediaOne Group, Inc., the parent of Franchisee ("MediaOne"), dated May 6, 1999, (the "Merger Agreement"), MediaOne will merge with and into Merger Sub and Merger Sub as the surviving corporation in the merger, and as a result of the transactions (the "Transactions") contemplated by the Merger Agreement, MediaOne will become a wholly owned subsidiary of AT&T; and WHEREAS, Franchisee will continue to hold the Franchise after consurnrnation of the Transactions; and WHEREAS, FCC Form 394 with respect to the Transactions has been filed with the Franchise Authority; and WHEREAS, the parties have requested consent by the Franchise Authority to the Transactions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Franchise Authority hereby consents to and approves the Transactions to the extent that such consent is required by the terms.of the Franchise Agreement and applicable laws. Section 2. This Resolution shall be deemed effective in accordance with applicable laws. This Resolution adopted this /~ay of~, 1999, after motion, second and maiori.ty vot. e favoring adoption. /, ;~":~'c.:!~'~c'' '''''~ .. D~GHT~:B~OCK, Clerk BO~ OF CO~Y CO~SSlO~RS, ~om~ C. Palmer, Assistant County Attomey September 14, 1999 Item #8B2 PETITION TM-95-05 FOR NEIGHBORHOOD TRAFFIC MANAGEMENT FOR LAKEWOOD BOULEVARD, BOCA CIEGA DRIVE AND BEECHWOOD LAKE DRIVE - APPROVED Okay. We are finally to Lakewood, 16(B) (3). I think you pulled that off, Commissioner Norris. COMMISSIONER NORRIS: Somebody did. There was a request to do some speaking on it. I'll -- CHAIRWOMAN MAC'KIE: Mr. Marlin, come on up. MR. MARLIN: If I can make it up. At my age, as I say, I'm suffering from a terminal illness that's called old age. My name is Earl Marlin. I live at -- in Lakewood on the corner of Lakewood Boulevard and Dent Drive. I -- I have agreed today to speak for several people who could not be here for one reason or another. On October the 24th, 1995, the Board of County Commissioners adopted the Collier County Neighborhood Traffic Program. At that time, concern was expressed that the plan might be imposed on a neighborhood against the wishes of the residents. The commissioners were assured that this would not happen because of the requirement that signatures must be obtained from 50 percent or more of the 50 -- for more than 50 percent of the residents and/or businesses. An insufficient number of signatures has been submitted. Item A on page 6 of the Collier County Neighborhood Traffic Management Program is quite explicit in requiring that the submission of the signatures -- of the signatures of more than 50 percent of the residents of the households and/or businesses on the affected street. No other accepted procedure is mentioned. The present proposal calls for speed humps to be placed on Lakewood Boulevard, Boca Ciega Drive and part of Beechwood Lake Drive. There are 637 residences and three businesses on the streets specified, and the submission of at least -- requiring the submission of at least 321 signatures. The last list I have seen had a little over 200 signatures. I have -- Russ Mueller later gave me another additional list, but it did not amount to another 120, and some were probably duplicates. I have not checked it. This is a grossly inadequate number. Many of the signatures were collected before speed humps were proposed so that the people had no idea of the consequence of what they were signing. That was -- all or some of them were dated in 1996. For some time, a small but determined minority has been working to have humps installed on Lakewood Boulevard. A majority of the residents do not want them. There is no -- there is no speed problem or only a very minor one. The accident rate has been low and none -- and a two and a half year study was attributed to excessive speed. The volume of traffic, while it is marginal, for the installation of any traffic impediments and the legality of speed humps is in question before this court. Now, I understand that that case has been settled, that -- it was settled really on the basis of the -- whether or not the people had standing to bring the case. It was not on the -- there was no decision on that, but the case has been settled, I understand. Page 113 September 14, 1999 I would recommend that it be rejected on the grounds that the number of signatures to be submitted has not been met, or a rejection on the grounds that need has not been demonstrated, or that it be tabled until such time as can be determined what percentage of the people of Lakewood really want it. Now, in my own case, I live on the corner of Lakewood and Dent. My house, however, faces Dent. I have been told that I have no voice in this, despite the fact that I own more footage on Lakewood than most of the people who are advocating it. According to the guidelines on page six of the ordinance, traffic volume must be greater than 4,000 a day or greater than $400 an hour during peak hours, a peak hour -- CHAIRWOMAN MAC'KIE: Mr. Marlin, can you get us close to the end there? MR. MARLIN: Yes, I think so. I'll finish as rapidly as I can. Seven studies have been done on it, two -- only two indicated any problem with speed. Five did not. In four cases, the volume was not large enough to be a problem and in the -- and on those days, there was -- there was no problem with the speed, it was slow. The -- CHAIRWOMAN MAC'KIE: Final comment, please, sir, because you've used your time up. MR. MARLIN: What's that? CHAIRWOMAN MAC'KIE: If you'd give us a final wrap-up comment, please. MR. MARLIN: Yeah, okay. I would like to have it rejected on one of these reasons or that -- or that -- or tabled until such time as we could determine whether or not the people over there really want them. I have -- it's a fairly small group that is pushing for them and my survey shows that it's about two and a half to one against them. CHAIRWOMAN MAC'KIE: Thank you. Questions for Mr. Marlin? Other speakers? MR. FERNANDEZ: The two next speakers are Jeanne Brooker and Charles Cortright. CHAIRWOMAN MAC'KIE: Come on up if you would and -- Miss Brooker, come forward, please, ma'am, and if the second speaker would kind of be on deck, we'd appreciate it. Are there other speakers after -- MR. FERNANDEZ: Yes, then Delores Fleiss, I think she may have left, and Patricia Marsh. CHAIRWOMAN MAC'KIE: Okay. Miss Brooker? MS. BROOKER: Yes, my name is Jeanne Brooker and I'm a resident of Lakewood. I want to make a disclaimer, I am here representing myself. CHAIRWOMAN MAC'KIE: Not the Mosquito District? MS. BROOKER: I'm currently on the Lakewood Community Services Board, but I was not on the board last year when this matter was before them. I have two parenthetical comments regarding the plan itself. One, the three-way stop sign that is proposed by the county for Glades and Lakewood Boulevard should be revisited. I believe that this would cause a traffic manager's nightmare and also a neighborhood nightmare. My second point is, if the county would develop a plan to stop county employees from using Lakewood and Glades Boulevard at opening and closing times -- Page 114 September 14, 1999 CHAIRWOMAN MAC'KIE: Oh, Miss Brooker. MS. BROOKER: -- a great deal of the traffic problem in Lakewood would be eliminated. It is -- think about that. Now, regarding the speed humps, in order to support speed humps in Lakewood, I had two criteria that I felt should be met. One, that each residential unit in Lakewood would have an opportunity to express an opinion and that the result of that opinion would be that the majority of the residents in Lakewood would be in favor of speed humps. That was my first criteria. And the second criteria was that the plan would not negatively impact any segment of our community by diverting traffic to non-speed bump streets. Now, my second criteria has been met, but not by the county, by Lakewood Community Services agreeing to pay for the costs of putting the speed humps on Beechwood Lake Drive and Boca Ciega, so as far as I'm concerned, we'll deal with that problem regarding the speed humps, but I still have very grave doubts regarding the first. My concern is that the process to determine the wishes of the residents of Lakewood on this issue was flawed. The constituent bodies of Lakewood Community Services are the 14 homeowner associations, and Lakewood Community Services asked each association to cast a vote for its members, but Lakewood Community Services had no control over how each association would determine what its vote would be. I was the representative for our condo association and we sent out ballots to our 78 owners, and the result of that vote was, 23 said no response, 24 said yes and 31 said no, and so I cast my vote as a no vote at the Lakewood Community Services meeting. I have no confidence in the totals reported to Lakewood Community Services. I know in some cases they were not the result of a valid tally. I know that. I would not want this commission to base its vote on the misperception that all Lakewood residents had an opportunity to vote on this issue. I'm sure you all have a vivid recollection of having been misled in the recent past regarding another neighborhood issue in our area. CHAIRWOMAN MAC'KIE: Thank you for not saying the F word. MS. BROOKER: In my opinion, we do not know how most of the residents of Lakewood feel about speed humps. Thank you very much. MR. FERNANDEZ: Next speaker is Charles Cortright and then Patricia Marsh? MR. CORTRIGHT: Good afternoon, commissioners. My name is Charles Cortright and -- CHAIRWOMAN MAC'KIE: If I can just pause you. Is Miss Marsh here? Okay. Go right ahead. MR. CORTRIGHT: My name is Charles Cortright and I have been a resident of Lakewood for 18 years. Five years ago, the residents became aware of increased speeding and traffic on our Lakewood and Glades Boulevard. The growth of the county staff, plus the building of a Super X and a Wal-Mart and the opening of Harrison Road brought the county -- she already mentioned the county exit on Harrison Road, brought extreme traffic and caused our little street and Lakewood Boulevard to become a major highway. We were never intended to be a connector road. On February 25th of this year, the transportation department took a traffic count at the corner of Glades and Lakewood Boulevard. There were 11,612 cars Page 115 September 14, 1999 in one 24 hours, and that included many trucks, which are prohibited on that street. Both roads have been a major cut-through for Foxfire, Countryside, King's Lake and all the new developments east and west on the Davis corridor. We have a very unique situation on Lakewood Boulevard. We have two golf courses. Lakewood Country Club starts early in the morning at 7:30 and every seven minutes, a foursome goes out. Each foursome has to cut across Lakewood Boulevard twice. That's eight people every seven minutes in a golf cart. At Ironwood, it's more extreme because they have to cut across Lakewood Boulevard four times, and when they get -- that's 16 people every seven minutes. When they get to the corner of Glades Boulevard and Lakewood, it is a general mess because most of the people playing Ironwood cannot see the next tee, they cannot see the next green and they get in the middle of Lakewood in a cart and they don't know where to go. It is complete confusion and it's a time bomb ready to explode. We started the process five years ago. We had neighborhood meetings to address the problem. We sought help from the Sheriff's Department and transportation. We asked for a three-way stop at the corner of Glades and Lakewood Boulevard and also at Glades and Lakewood and we were denied the request. We were then introduced to the 42 page Collier County Neighborhood Traffic Management Program. That's what Earl suggested, and we had several meetings with the county. We had meetings with the traffic engineers. They presented us a plan for speed reduction. We accepted the plan without change. We continued our meetings with staff. We petitioned residents on Lakewood Boulevard and those streets on the affected streets. We had more than the majority. We reached consensus at a neighborhood meeting with staff. We agreed on their suggestions of a gradual three inch speed hump, not the six inch K-Mart hump. We followed the county's rule to a T. It wasn't easy to put this plan and come to this point today. Lakewood Community Services, which represents each homeowner of Lakewood, has funded their portion of the cost and the county has had a check for $16,250 since May 4th of this year. All 14 homeowners' associations in Lakewood were invited, representing 977 units to vote. The results were 423 voted for the plan and 253 against. Regardless of how they said the vote was taken, it was done by our property management company. These results are quite different than some of the results that our opposition to the plan has mentioned in letters to the editor. You might ask if speed was a problem, why didn't you go to the Sheriff's Department? We have. For several years, the Sheriff's Department has had radar on Lakewood Boulevard. One lieutenant once mentioned we could tag 30 to 40 cars every hour if we had the staff. Madam Chairwoman Mac'Kie made the statement at the commissioner's meeting recently that many of our roads are way over designed capacity, so we must do something for the safety of the residents to control speed. Commissioner Constantine recently said in the Foxfire debate and on the Jeff Lytle program that the most important thing we can do is to protect our existing neighborhoods. We whole-heartedly agree. Page 116 September 14, 1999 Since the Glades and Lely have introduced speed bumps, we are completely satisfied that the bumps had slowed traffic, but not -- okay. I'll say in closing -- may I say in closing that the residents of Lakewood aren't requesting a gated community, but merely some remedial action be taken, recommended by your traffic engineers, to protect the children and the homeowners of our community as to speed and public safety. I represent the resident citizens who want the road safety. Those in opposition want to sacrifice safety for their personal convenience. Thank you. CHAIRWOMAN MAC'KIE: Thank you. It sounds to me like there's an internal question about how their association works and whether or not you like the way the representative voting is done within this master association, but that's not something the county has any authority over. If you guys have complied with your bylaws and you've brought it in and it meets all of the regulations, then it seems to me that's the end of the discussion. Is there -- do you have a different opinion? COMMISSIONER CONSTANTINE: Quick question. How many speakers do we have on this item? MR. FERNANDEZ: We have two more. MR. WALKER: There's three more. CHAIRWOMAN MAC'KIE: Well, you need to have registered. MR. WALKER: I did. MR. MULLER: I've got a map up here too if you want to -- CHAIRWOMAN MAC'KIE: No, that's okay. We've got a map. MR. FERNANDEZ: Patricia Marsh and then Michael Walker are the two speakers. MS. MARSH: I'm Patricia Marsh and I live on Lakewood Boulevard. I am in favor of the speed humps to slow down the traffic and make our community a little bit safer. I'm also here to read a letter written by a Clarence Perry who was unable to be here today. He says, dear commissioners, the majority of residents living in Lakewood in a straw vote voted to have speed humps installed in the area. Many of these residents use Palm Drive in the Glades subdivision and fully appreciate how effective they are in controlling the traffic in that area. My son, Jeff Perry, a former military police officer for the county, when asked how he felt about speed bumps in Lakewood, answered with an enthusiastic yes and why has it taken so long. We are not asking you to block off Lakewood Boulevard, only to provide speed humps to slow the traffic to a safe pace for bikers, people walking their dogs and for residents who want to back their cars out of their garages onto Lakewood Boulevard. Sincerely, Clarence L. Perry. CHAIRWOMAN MAC'KIE: Thank you, ma'am. MS. MARSH: And that's -- I vote yes. CHAIRWOMAN MAC'KIE: Thanks. MR. FERNANDEZ: Our final speaker, Michael Walker. MR. WALKER: Good afternoon. My name is Mike Walker. I am a father of four young children and I'm residing in Lakewood. I am a very active participant with numerous youth organizations within Collier County. This afternoon, I would like to speak on behalf of Page 117 September 14, 1999 those who are not here and those that need to be heard, the children of Lakewood. Mr. Marlin, just as an aside, if you have any grandchildren or great grandchildren -- MR. MARLIN: I do. MR. WALKER: -- do you want them to become one of those statistics that -- MR. MARLIN: I want an ambulance to be able to get to them -- MR. WALKER: Okay. MR. MARLIN: -- without being held up. MR. WALKER: This is my nickel. MR. MARLIN: Yeah, okay. You asked the question. MR. WALKER: The families here in Lakewood are concerned with the increased number of speeders traveling through Lakewood Boulevard. While standing at the bus stop in the morning or afternoon, which there are at least six stops in Lakewood, we have been able to observe that over 75 percent of the cars, and again, this is a visual observation, that pass through Lakewood are exceeding the speed limit of 25 miles an hour. Half of those are doing well over 40. Daily, we view motorists traveling at speeds in excess of 50 or 60 miles an hour while children play, skate and bike on sidewalks three feet from the street. Many of these speeding motorists are trucks. Those trucks are pulling trailers with lawn equipment. There is no way that any of those trucks with trailers are going to be able to stop if a ball or a child or anyone inadvertently makes an access or goes towards the street. It just isn't gonna happen. Since the closure of the F word, we've experienced an increase in traffic flow already. Besides the bus stops for Shadowlawn Elementary, Lake Park Elementary, Gulfview Middle and Lely High, there are many children that travel by foot and bicycle to East Naples Middle School on this street every day. We have, in the past, experienced mailboxes being knocked down, what, three times for you, Trish? Signs being knocked over, pets struck and accidents. All from out of control motorists on the boulevard. Our community recognized years ago that we had a problem with speeding motorists in the Lakewood area. We've explored many options, stop signs, islands, but speed bumps is what we, as a community, have decided will best serve our needs. Now the decision to protect our children is in your hands. I personally experienced a terrible bicycle accident after being run off of Lakewood Boulevard by a speeding motorist illegally passing in the opposite lane. I escaped serious injury, but I ask you, if they can't see me riding a bike, are they gonna see one of our children? The decision is yours and I think we need to slow everyone down. Thank you. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: Like I said, I don't know, Tiny -- CHAIRWOMAN MAC'KIE: It could happen. Commissioner Norris? COMMISSIONER NORRIS: Madam Chairwoman, I have no dog and fight whether there are speed humps out here or not, but after our experience with the F word, I think it's prudent for us to do our homework a little better so that we don't open ourselves up to the kind of criticism we did during that discussion for not doing our homework. Page 118 September 14, 1999 There seems to be some disagreement on whether the opinion of the neighborhood was collected properly or not, and I, for one, can tell you from looking at the petitions that were signed that the wording was such that there's no mention of speed humps and that causes me concern to begin with, that whoever signed those petitions didn't know at the time they were signing them that they would get into speed humps at the end. The vote -- Miss Brooker talked about the vote in question and that it may not have been -- potentially may not have been done properly, and that's a concern if it was not. The way out of this, as I see it, is simply -- for the board to make sure that we do everything right is simply for the county to mail all 977 homeowners and have them -- have a card which -- which definitely says that there's going to be speed humps, do you approve or do you not approve, maybe even include a map with it showing the locations of the speed humps. That way, we know that we've got the correct answer when we get the answer back. If the vote's yes, it's fine. If the vote's no, it's fine, but I think that's what we should do to cover ourselves from the criticism. CHAIRWOMAN MAC'KIE: And I appreciate that, but you know, and it's a real valid suggestion, but that -- that would suggest then that majority vote makes the decision on what's a public safety issue, and just like it was unpopular in Foxfire to have made the decision we made, I believe it to have been the right one for public safety for the capacity of that road, and if everybody in the county gets to vote on it and they vote that we were wrong, then they will do that, but I will still think it was the right thing for public safety, just like I think, from my personal experience, that this one, the right thing for public safety, is to put in the traffic calmer. COMMISSIONER CONSTANTINE: I'm going to agree with you. The petition process on any of these, frankly, is the responsibility of the community and I fear the precedent we set if we -- if the county does a mailer because every community wants different things and if we start doing those mailers, we're going to have thousands and thousands and thousands of mailers on community driven issues that we'll be sending out every year. It is a safety driven process. It's been a long, arduous process and they've made every effort to comply. I've got, as I'm sure each of you have, a number of phone calls overwhelmingly in favor. There were certainly some who have voted against. Other than my dad and my wife, there are a few people that I like more than Earl Marlin, but I've got to disagree with him on this one, and I'm going to support the petition. COMMISSIONER NORRIS: Mr. Muller, what was the actual number of signature petitions? MR. MULLER: For the record, Russ Muller, Transportation Services. On Lakewood Boulevard, we had -- COMMISSIONER NORRIS: No, Lakewood community total. MR. MULLER: Well, the way the program is written, and we went by it, Earl mentioned it, is those people on the affected streets, so it -- those people that live on Dent or the cul-de-sacs off of Lakewood might not be as affected by traffic on Lakewood as the people that live on Lakewood. CHAIRWOMAN MAC'KIE: So the people who are to vote under the county regs., what was the percentage? Page 119 September 14, 1999 MR. MULLER: On Lakewood, I had over 70 percent. On Beechwood Lake Drive, over 70 percent. CHAIRWOMAN MAC'KIE: And those are where the humps will go? MR. MULLER: Yes, ma'am. On Boca Ciega, however, it was less than 50 percent, and I think there's a reason for that. There's a number of condos in that area that have a parking lot and their actual driveway -- I mean, they're not like a driveway, it's -- the parking lot driveway goes out onto Boca Ciega. COMMISSIONER CONSTANTINE: Boca Ciega is actually being, what one of the speakers said, funded and done by the community? MR. MULLER: Yes, in full. CHAIRWOMAN MAC'KIE: Earl, I can't let you. You know we'd love to hear from you, but we can't let you. Are there other speakers? Is there a motion? COMMISSIONER BERRY: I vowed after the Foxfire thing that I would -- I would have to agree with Mr. Norris that in this issue that if there -- since there was a polling done on this particular issue, that -- and it was done by the association and they can't agree, and I have a problem with this, either -- on any of these issues such as this, maybe the county should run a poll of some kind and we do our own polling on this issue. I'm not saying that we're not going to make decisions on other issues, but on these kinds of issues, maybe we should. COMMISSIONER CONSTANTINE: Before you weigh in on this, the way -- Russ, it's my understanding the way the county ordinance reads with the traffic calming things is the affected street, and we do have a petition from the affected street that has 70 percent verified signatures on it? MR. MULLER: Yes. COMMISSIONER BERRY: Do you have that? MR. MARLIN: That's not so. CHAIRWOMAN MAC'KIE: On the affected streets, 70 percent, and the streets -- COMMISSIONER BERRY: And they knew they were going to get -- CHAIRWOMAN MAC'KIE: Humps? MR. MULLER: When they sign the petition, they're asking us to look at it for neighborhood traffic management. We then have a workshop where we invite the entire neighborhood. From that workshop, we get a traffic team of four or five individuals. Then we have -- we come up with a plan like we've got up there, and then we come back to a second workshop to reach a consensus of the community, and that was -- that was done according to the Neighborhood Traffic Management Program. COMMISSIONER BERRY: So you did have a meeting out in the area? MR. MULLER: Yes. COMMISSIONER BERRY: At what point in time was -- when was that meeting held? MR. MARLIN: We were not invited. MR. MULLER: The last meeting was in November of '98, the workshop number two. COMMISSIONER CONSTANTINE: And that's why I support it, Commissioner Berry, is we have a set process of steps and they've made every effort to actually meet every step, and if we decide we need to Page 120 September 14, 1999 alter the process, that's one thing, but they have made a good faith effort to meet every criteria that's laid out in our traffic calming. CHAIRWOMAN MAC'KIE: And like you, I mean, Jeanne Brooker's one of my most respected people in the world and for me to be saying that I'm going to go against her recommendation is really hard. MS. BROOKER: I want the vote to be informed. CHAIRWOMAN MAC'KIE: Can't let you. MS. BROOKER: Well, Miss Berry is being given information that is not quite accurate. CHAIRWOMAN MAC'KIE: Okay. Russ, did you have a professional opinion about whether or not this is in the best interest of the safety of that roadway? MR. MULLER: No, I do not. COMMISSIONER CONSTANTINE: Good answer. Good answer. COMMISSIONER NORRIS: That being the case, I'm going to make a motion that we -- we table the issue until the county can mail out a questionnaire to each of the 977 residents of the Lakewood subdivision. CHAIRWOMAN MAC'KIE: Is there a second for the motion? Mr. Kant, do you have something to say? MR. KANT: Edward Kant, Transportation Services Director. Commissioners, I just wanted to point out, we, as staff, have been working within the confines of the Neighborhood Traffic Management Program that the board enacted in 1995 for almost four years now trying to get to this point. We, frankly, were elated when we had the results from the Lakewood Community Services because we felt they finally managed to internally come together. We are prepared to follow the direction of the board, and in terms of whether or not we have a professional opinion, we've rendered that opinion with respect to coming up with this plan. If it turns out that the answer is either the board or the residents choose not to implement that, we're ready to follow orders. CHAIRWOMAN MAC'KIE: Ed, your professional opinion with regard to these speed humps is what? MR. KANT: They have been demonstrated to have a marked change in speed. They tend to discourage cut-through traffic. CHAIRWOMAN MAC'KIE: Are they needed in this community? MR. KANT: Based on the data that we've gathered, that is our recommendation. MR. FERNANDEZ: Madam chairman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: May I pose a couple questions I think may clarify this point? CHAIRWOMAN MAC'KIE: Please. MR. FERNANDEZ: Mr. Kant, is it your opinion that this plan is an effective traffic calming plan? MR. KANT: Yes, it is. MR. FERNANDEZ: Is it your opinion that this area is in need of traffic calming? MR. KANT: Yes, it is. MR. FERNANDEZ: Thank you. CHAIRWOMAN MAC'KIE: Thank you. We have a motion on the floor to table. Is there a second for the motion? Page 121 September 14, 1999 If not, it dies for a lack of a second. Is there a different motion? COMMISSIONER CONSTANTINE: I'm going to move approval again. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CARTER: I'll second. CHAIRWOMAN MAC'KIE: Discussion on the motion? All in favor, please say aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Aye. Aye. Aye. Opposed? Aye. Passes four to one. COMMISSIONER CONSTANTINE: Take just a five minute break? CHAIRWOMAN MAC'KIE: Board members, do you want a break or do you -- we'll take a five minute break. We'll be back. (A recess was had.) CHAIRWOMAN MAC'KIE: Go to 8(C) (1), public golf course construction. Do we have a choice here or aren't we under an order by the governor and cabinet to stop this project? COMMISSIONER CONSTANTINE: Funny you should ask that. I don't know why you started that one -- CHAIRWOMAN MAC'KIE: I started because you weren't there for this one. COMMISSIONER CARTER: We were going to have a furniture show, but you weren't -- Item #8B3 BUDGET AMENDMENT FOR THE PURCHASE OF FURNITURE AND EQUIPMENT FOR EXPANDED OFFICE SPACE AND HAND-HELD RADIOS FOR THE TRAFFIC OPERATIONS SECTION - APPROVED CHAIRWOMAN MAC'KIE: We'll do the furniture since we haven't gotten there, 16(B) (15). Commissioner Constantine, get us there. COMMISSIONER CONSTANTINE: Just a question, if there's a representative from the Sheriff's Office here to -- traffic operations section, sorry. Do we have any -- I just remember when they redid the commission offices, they offered new furniture to everybody and it seemed like the chairs and tables still worked to me so I didn't take any. I'm wondering, what's the need? MR. KANT: Edward Kant, Transportation Services Department. No, we're going to be moving into some new quarters and we're going to take every stick that we can. We don't have enough as it is now. We're working out of cardboard boxes, so some of these are for flat files for the archival plans that are presently in garbage cans up in the trailer on Orange Blossom. So I think I could -- I don't know what else I can say except it's money that we need. We're not buying new desks and chairs or anything for our guys. That, we're taking. CHAIRWOMAN MAC'KIE: You're not improving the stuff you've got, you're buying things you don't have? MR. KANT: We're adding to it, yeah. Page 122 September 14, 1999 CHAIRWOMAN MAC'KIE: Does that satisfy you, Commissioner? COMMISSIONER CONSTANTINE: Yeah. Move the item. MR. KANT: Thank you, commissioners CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8C1 DESIGN OF PUBLIC GOLF COURSE AND OFF ROAD MOTORIZED VEHICLE TRACK TO BE PUT ON HOLD AT THIS TIME And now we can talk about public golf course. MR. OLLIFF: For the record, Tom Olliff, Public Services Administrator, and just in essence of time, I'll just get right to the point. In think in this particular case, we have some board direction and we were pursuing a design firm to do an RFP design project for the surplus landfill property for a golf course, but we've found since that that property is part of the DCA properties that are in that moratorium area and we were working with the community development staff who was indicating to us that it would be anywhere from 18 months to as long as three years before they got a final answer on that, and rather than proceed and spend the tax money on the design for that, we at least thought it our obligation to bring it forward and see if the board wanted to either postpone that and pick that up once we had a final decision or there were a couple of other options listed in the executive summary including putting it out for a private bid for private development of that course, or the third option was to look at some existing golf course purchase possibilities. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: There's two issues here. One, if we're going to design and have to go up for RFP and all that, we're going to chew up most of that 18 months anyway, if we're on the short side of getting the plan, particularly the western most portion of the eastern parts we're dealing with, in that time frame. It doesn't make a whole lot of sense to stop. More importantly though, I had dinner last week with Secretary Siebert while I was in Tallahassee and asked him very specifically about that item and he said that considering it was for the public and considering there was a previous action by the board and assumedly some public purpose to this, if we actually wrote them and made some commitments as far as making an Audubon type course, environmentally friendly course and so on, that he couldn't imagine that they'd have any problem working with us on this, despite the fact it falls in that big blanket. We would have to write and request an exception for that purpose, but considering the circumstances, he didn't foresee a problem in that. CHAIRWOMAN MAC'KIE: My only question would be, I have the highest respect for his secretary, but this is an order from the governor and cabinet. I'm not sure if his -- I mean, if he can overrule the order of the governor and cabinet. Page 12 3 September 14, 1999 COMMISSIONER CONSTANTINE: He's not overruling the governor and cabinet. However, they -- it's DCA that decides what applies and what doesn't or if there are exceptions to the rule. COMMISSIONER BERRY: I think this might be a perception problem on the part of the public. If it looks like the private sector is under a certain set of rules and the government operates under another set, I'm not sure, even though we might be interested in getting a golf course for the public and doing all those kinds of things, perception is still out there for people who don't give a rat's, you know, what -- whether they have a golf course or not or ever see another one in Collier County, they're not going to like the idea very much. COMMISSIONER CONSTANTINE: I guess -- COMMISSIONER BERRY: So that's where I'm coming from, that if we're asking others to go into kind of a go on hold process for a little bit here, then I think we need to do the same thing. COMMISSIONER CONSTANTINE: What's interesting though, if we want to be consistent with what we're asking the private sector to do is -- COMMISSIONER BERRY: I know, it was before June 22nd. COMMISSIONER CONSTANTINE: Before June 22. COMMISSIONER BERRY: Correct. COMMISSIONER CONSTANTINE: And so I think we had made that clear just as a couple of other private projects out there had made their direction clear and started their process before June 22nd, so while I appreciate the fact that we want to be consistent, I think we are indeed being if we started this process long before June 22nd. CHAIRWOMAN MAC'KIE: Tim, that scares me though because -- and I -- I mean, I oppose this golf course, you know I do, so I'm not talking -- you already know where I'm coming from. Now I'm talking process. You had to have a completed application for site development in to be exempt on June 22nd. We didn't. We don't even have a design. We don't even have conceptual -- there are people in the private sector way ahead of us in the process. COMMISSIONER CONSTANTINE: Well, I'll tell you the other half of public perception is we have made a series of about a dozen promises to the community regarding this property and our plans for it over the past five or six years and we have broken every single one, and if we do another one, if public perception is your concern, I'm not sure what we're doing there by breaking yet another promise on what we're going to do out in that area. COMMISSIONER NORRIS: Yeah, but we're not breaking the promise, we're forced into it by the state. What I would support is maybe go ahead and put this on hold for a little bit and there's a -- there's a suggestion here that we could look at perhaps the purchase of an already existing golf course to use for public purposes. I don't see anything wrong with looking at it. So I'll make that a motion that we just go ahead and -- and put this on hold for now and direct staff to at least investigate whether or not there's a private course of -- available out there right now. COMMISSIONER CARTER: I'd second that motion. CHAIRWOMAN MAC'KIE: Motion and a second. Is there discussion on the motion? COMMISSIONER CONSTANTINE: One brief comment, and that is, I know there's a particular owner of a golf course who has continually lost Page 124 September 14, 1999 money on it and hasn't been able to garner any interest at all in the real estate community and now has offered that to the board. I don't know that we want to get in on a failure of a project and pick up a golf course that hasn't been able to make it in the private sector and expect to in the public. We ought to design all that. COMMISSIONER CARTER: That's not Twin Eagles? COMMISSIONER CONSTANTINE: No. CHAIRWOMAN MAC'KIE: Sounds like you guys know about a course in particular, but your instruction is -- your motion is investigate all possibilities for acquisition? Is there further discussion on the motion? If not, all in favor, please say aye. COMMISSIONER NORRIS: Aye. COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Passes four to one. Item #8C2 COUNTER OFFER SUBMITTED BY AVATAR PROPERTIES, INC. FOR PROPERTY LOCATED ADJACENT TO THE GOLDEN GATE COMMUNITY CENTER - APPROVED Review counter-offer submitted by Avatar for the Golden Gate Community Center. COMMISSIONER CONSTANTINE: Move purchase of the item at five twenty-five. CHAIRWOMAN MAC'KIE: And the process then would be that we would get the three appraisals and -- MS. TAYLOR: This is Sandy Taylor from Real Property. Based on 525,000, you need two appraisals. If the appraisals come in and you're not satisfied whatsoever, you can terminate the agreement. COMMISSIONER CONSTANTINE: I'll make that as part of the motion. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: I like it. Any registered speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Discussion on the motion? Ail in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 12 5 AGREEMENT FOR SALE AND PURCHASE SEP 1 1999 THIS AGREEMENT is made and entered into by and between Avatar Properties Inc. whose address is 255 Alhambra Circle, Coral Gables, Florida 33134 (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WlTNESSETH 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: All of Block 118, Golden Gate Unit 4, according to the plat thereof, recorded in Plat Book 5, Pages 107 to 116, inclusive, Public Records of Collier County, Florida and as recorded in Official Records Book 887, Page 1448, Collier County, Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 Hundred Twenty-Five Thousand and No/100 Dollars ($525,000), (U.S. Currency) 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 on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser but not later than December 31, 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and 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. 3.0112 Combined Purchaser-Seller closing statement. SEP 1 1999 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant)in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each 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 relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 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, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. 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 the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. SEP 1999 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations whi(;h will be satisfied at Closing. Seller, at its sole expense, shall use its~ e~s to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred and 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 environmental laws and the Property is free from any contamination. 4. The Property can be utilized for its intended purpose. and Federal pollution or 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. 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 One Thousand and No/100 ($1,000) Dollars 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. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. cesspools on the Property; all waste, if any, is discharged into a public~Ra11Rary sewer system; Seller represents that they have (it has) no know~ that any pollutants are or have been discharged from the Property~ql'&ctly or indirectly into any body of water. Seller represents the Pro--as not been used for the production, handling, storage, transp~, manufacture or disposal of hazardous or toxic substances or~wasTes~ch terms are defined in applicable laws and regul~~y that would have toxic results, and no suc~b~ra~ardous or toxic substances are currently used in conne in .... / ............. ~'~ ""~" ........ u ..... ,., ,,,,c=L~, ,.,,.,,,,.~,, ........... :3,, ,.,,,~ , ,_~_."~' S£P 1 1999 o,' putentiai of ~d,u~i;d ;;'ctcr ccr, tc,-,,ir, ctlr, r, frcm ~ i~,u~'.cr ~)~ represents no storage tanks for ga?line ~es are or were located on the Pro e..~.y~a-t-~me during or prior to Seller's ownership resents none of the Property has been used as a sanitary 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· 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restdct or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this 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 govemmental 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. and hold Purchaser harmless from any and all costs (including a~o~l~fees) asserted against, imposed on or incurred by Purchase~,~j~-'fl~ or indirectly, pursuant to or in connection with the application~Lany'federal, state, local or common law relating to pollution or prote~tion~of the environment which shall be in accordance with, but no~t~nsive Environmental Response, Compen~Ry Act of 1980, 42 U.S.C. Section 9601, e~ seq., ("CE~Superfund")~nded and upgraded by the 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. XlI. 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: Dennis Getman, Esquire Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. S£P 1 1999 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. If this Agreement has not been accepted and approved by the said Board by September 15, 1999, * 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.) 14.10 This Agreement is govemed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. *then the offer shall automatically terminate. SEP 1 ~ 1999 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. AS TO PURCHASER: DATED .~_~_~?./~./~'~ "~DWIGHT,E~B-~OCK, Clerk . ¢.."E'~:~ ~¢¢~an', ,, ~ .;-' , Deputy Clerk AS TO SELLER: DATED: ~,~. (~ignatu~'~ (Signature) ,,,~/)-?,q/¢,,¢ (Printed Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PA~oman AVATAR PROPERTIES INC. DENNIS GETIV~N, ~~:~nt Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney September 14, 1999 Item #8C3 Bid #99-2934, THE NEW DOMESTIC ANIMAL SERVICES FACILITY AWARDED TO PROFESSIONAL BUILDING SYSTEMS, INC. Let's talk about the dog pound. Sorry, the domestic animal services facility, and again, we're pretty familiar with this because you gave us a head's up in the budget hearing, Tom, so maybe you could give us the question succinctly. MR. OLLIFF: Yes, ma'am. For the record again, Tom Olliff, Public Services Administrator. What I've handed out is in follow up to the budget public hearing discussion that was held wherein you directed staff to look at financing the entire project. What you've got here in front of you is a plan to do just that, and if you look, the -- the budgeted available for construction line shows you that there's $2,400,000, roughly, available for construction. Then there are three different scenarios based on interest rates of 4, 5 and 6 percent for what the annual principal and interest payment would be. Assuming the worst case scenario, at 6 percent, and I'll tell you, if we use the commercial paper program, it wouldn't be that high, but if we use that as our worst case scenario, from the existing approved budget, you would actually return to the general fund 1.7 million dollars of what is already budgeted for that project. CHAIRWOMAN MAC'KIE: We've discussed philosophically, of course, you know, why we would do this. Are there speakers registered on this? MR. FERNANDEZ: No. CHAIRWOMAN MAC'KIE: Discussion or questions or a motion? COMMISSIONER BERRY: I'm going to move approval for this type of financing for the domestic animal services. CHAIRWOMAN MAC'KIE: For the entire cost of -- COMMISSIONER BERRY: The entire cost of it. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CARTER: I'll second. COMMISSIONER NORRIS: Excuse me, let me clarify that because there's two proposals here. MR. OLLIFF: There's actually only one. It is a proposal to finance the entire construction amount, which would be the two -- the $3,062,000. CHAIRWOMAN MAC'KIE: At the -- at the lowest rate you can get over a five year period? MR. OLLIFF: Through the commercial paper program. CHAIRWOMAN MAC'KIE: Okay. Discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously -- 4-0 with Commissioner Constantine out of the room for the moment. Item #gA Page 126 September 14, 1999 RESOLUTION 99-363 DECLARING A LAND DEVELOPMENT CODE RELATED EMERGENCY TO PERMIT AN ADDITIONAL EMERGENCY AMENDMENT CYCLE IN ORDER TO ADOPT LAND DEVELOPMENT REGULATIONS THAT IMPLEMENTS THE INTERIM AMENDMENTS TO COLLIER COUNTY'S GROWTH MANAGEMENT PLAN AS ORDERED BY THE ADMINISTRATION COMMISSION - ADOPTED. PUBLIC HEARINGS TO BE HELD AT 5:05 P.M. ON 10/20/99 AND 11/03/99 Let's see. Are we now to 9(A) that we failed to do -- I failed to do earlier, and that's the resolution declaring a land development code related emergency to permit an additional cycle. COMMISSIONER NORRIS: Motion to approve. MS. STUDENT: Marjorie Student, for the record. I'll be succinct. The plan amendments that you adopted today required by the final order on the land development regulation by the 14th of November, that is out of sync with our established land code amendment cycle, which gets you into December. So we need a unanimous motion, and I'm going to ask Mr. Weigel if we need Commissioner Constantine present in order to pass this. CHAIRWOMAN MAC'KIE: Sue, would you go get Commissioner Constantine and tell him we think we need him? MR. WEIGEL: It would be best, but I think the answer, actually, if you want to know, is it's unanimous of all those present and voting, but if you can get all five, that's even better. MS. STUDENT: That's what I thought, but -- and the other point on the back of that, you don't necessarily have to vote on it, just give us direction for two LDR hearings at 5:05 on Wednesday on the 20th of October and the 3rd of November. The Planning Commission has already set their hearing dates for Wednesday evening. CHAIRWOMAN MAC'KIE: What are those, do you know them? MS. STUDENT: Yes, I do. They're the 29th of this month and the 13th of October. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Thank you. I have a motion on the floor to -- Motion. Is there a second? Second. All in favor. Please say aye. Unanimously passes 4 to 0. Page 127 RESOLUTION NO. 99- 363 SEP 4 1999 A RESOLUTION DECLARING A LAND DEVELOPMENT CODE RELATED EMERGENCY TO PERMIT AN ADDITIONAL EMERGENCY AMENDMENT CYCLE IN ORDER TO ADOPT LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT THE INTERIM AMENDMENTS TO COLLIER COUNTYtS GROWTH MANAGEMENT PLAN AS ORDERED BY THE ADMINISTRATION COMMISSION. WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find the County's EAR-based amendments not in compliance as defined by Section 163.3184(1)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned for a formal administrative hearing to review the EAR-based amendments found in non-compliance; and WHEREAS, the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing took place in May, 1998; and WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and WHEREAS, the matter was considered by the Governor and Cabinet sitting as the Administration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administration Commission is authorized to take final agency action regarding whether or not comprehensive plan amendments are in compliance; and WHEREAS, the Administration Commission, upon review of the Record of the administrative hearing, the Recommended Order including the Findings of Fact and SEP 1 1999 Conclusions of Law contained therein, also found the EAR-based objections and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to, among other things, adopt Interim and Remedial Amendments to its Growth Management Plan together with implementing land development regulations; and WHEREAS, according to a schedule adopted by the Administration Commission the implementing land development regulations for the Interim Amendments must be adopted by November 14, 1999; and WHEREAS, the Final Order provides for a number of fiscal sanctions should the County fail to follow its directives, including the schedule of adopting land development regulations; and WHEREAS, Section 1.19.1 of the Collier County Land Development Code provides that amendments may be made to it no more than twice in any calendar year unless there is an emergency as defined by Subsection 1.19.1.3 thereof; and WHEREAS, the schedule for adoption of the Administration Commission ordered land development regulations does not coincide with the established time-frames to amend the Land Development Code thus necessitating a declaration of emergency. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: DECLARATION OF EMERGENCY It is hereby declared pursuant to subsection 1.19.1.3 of the Land Development Code that an emergency exists in that should the County not meet the November 14, 1999 dead-line for the adoption of land development regulations to implement the interim amendments to the Growth Management Plan, it could suffer fiscal sanctions for failure to adopt said land development regulations as directed by the Administration Commission in its June 22, 1999 Order. 2 ,, .$£P 11999 SECTION TWO: DIRECTION TO PROCEED WITH ADDITIONAL AMENDMENT CYCLE It is hereby directed that in order to meet the November 14, 1999 deadline for adopting land development regulations that an emergency land development code cycle be established wherein amendments shall be adopted by this Board of County Commissioners no later than November 14, 1999. This Resolution adopted after unanimous vote. this/.~.2~::~,,, day of September, 1999. Done ,-,-~.-, ,,~,.,:,q..; :.,; .. BOARD OF COUNTY COMMISSIONERS ,~;'~:.:; D~GHT E'~ t~R~OCK.; Clerk COLLIER COUNTY, FLORIDA Attest / Approved ~ to fo~ ~d legal sufficiency: Marj ~ri$.)M. Student Assistant County Attorney h:hg/mms/DCA Interim Amendments 3 September 14, 1999 Item #9B RETENTION OF OUTSIDE COUNSEL FOR COLLIER COUNTY IN LAWSUIT ENTITLED DWIGHT E. BROCK V. ROBINSON & COLE, L.L.P. AND COLLIER COUNTY, FLORIDA, CASE NO. 99-2910-CA - APPROVED Now we get to talk about Dwight Brock versus Robinson and Cole. MR. WEIGEL: Good afternoon, commissioners. CHAIRWOMAN MAC'KIE: You're recommending that we get outside counsel for this -- for this litigation? MR. WEIGEL: I am, yes, and although I have copies of the complaint, which I can make available to you at any time, you don't really need it now, the county hasn't been served yet, so we're not under a tight time frame, but I think by the nature of the complaint, there are two counts against Robinson and Cole, no counts against the county, we are a nominal party defendant because we were parties to a contract, but I think that we're better served because I think that some members of staff, as well as probably myself and in my own office, staff in my own office, will be deposed in the part of discovery in going forward to answer the question before the Court. What I would like to do, if the board would agree is, I will solicit and look to bring on counsel pursuant to the purchasing policy, probably frame it in a contract and bring it back to the board as quickly as possible. If I have it in two weeks but don't have a -- the item such to be published in a printed agenda, I'll bring it on as an add on so you can see it as quickly as possible and know -- and have confidence in the counsel that we will select. CHAIRWOMAN MAC'KIE: Questions, board members, about whether or not we should authorize the county attorney to get us outside counsel for this case that's been filed, that's pending, and he's a potential witness, more or less, so I don't see how we have a real choice? COMMISSIONER NORRIS: Motion to approve outside counsel. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: Discussion? Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes 4-0. Item #10A RESOLUTION 99-365 CONFIRMING DR. PETER NGUYEN TO THE COLLIER COUNTY COMMUNITY HEALTH CARE AD HOC COMMITTEE - ADOPTED Appointment of a member to the health care ad hoc committee. COMMISSIONER BERRY: We have one applicant and one position and I move approval of Dr. Peter Nguyen, dental health category. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) Is there a second? Second. Second. Ail in favor, say aye. Page 128 September 14, 1999 CHAIRWOMAN MAC'KIE: That passes unanimously. Page 129 RESOLUTION NO. 99-36S S£P 1 1999 A RESOLUTION TO INCREASE THE COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE BY ONE MEMBER AND TO APPOINT DR. PETER NGUYEN TO THE COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE. WHEREAS, on May 11, 1999, the Board of County Commissioners adopted Resolution No. 99-230, establishing the ad hoc committee known as the Collier County Community Health Care Committee; and WHEREAS, the Collier County Community Health Care Committee is composed of 9 health care providers, 11 community leaders, 5 advisors, and 3 At-Large members to the Collier County Community Health Care Committee; and WHEREAS, a request has been made by the Collier County Community Health Care Committee to increase its membership by one to include a category of dental health; and WHEREAS, the Committee recommends that Dr. Peter Nguyen be appointed to the Collier County Community Health Care Committee to fill the dental health category. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board hereby increases the membership of the Collier County Community Health Care Committee by one member to include a dental health category. 2. Dr. Peter Nguyen is hereby appointed to the Collier County Community Health Care Committee to fill the category of dental health. This Resolution adopted after motion, second and majority vote. DATED: September 14, 1999 ATTEST: DWIGHT E. BROCK, Clerk ~',~ ,~;, ~; ..... , . · "-.. '::'," lt.test.~a's 'to :Chat~'s '--...~:'~. ~tgnatUre.-onl~' App~ov~ ~ to ~o~ ~d leg~ sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: County Attorney DCW/kn September 14, 1999 Item #10B RESOLUTION 99-366 REAPPOINTING MICHAEL WILLIAMS, HERBERT NOREN AND EUGENE SCHMIDT TO THE COLLIER COUNTY AIRPORT AUTHORITY - ADOPTED Next is the airport authority, COMMISSIONER BERRY: We have appointment of three members to serve four year terms. I'd like to move Michael Williams, Herbert Noren and Gene Schmidt. COMMISSIONER CARTER: I'll second that. COMMISSIONER NORRIS: Why was George Barron not -- not selected? He was there before and did a good job. CHAIRWOMAN MAC'KIE: Yep, he did a great job before. I would support Mr. Barron. MS. FILSON: All three applicants are up for reappointment, I might want to add. CHAIRWOMAN MAC'KIE: All three of those listed by Commissioner Berry are reappointments? COMMISSIONER CARTER: They're reappointments, and I know Gene Schmidt came and I don't know if he fulfilled somebody's term -- oh, he fulfilled Barron's term when Barron resigned to run in the commission race, and I think Schmidt's done a good job, so I support him and Noren and Williams as moved by Commissioner Berry. CHAIRWOMAN MAC'KIE: Okay. Any other discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Page 130 RESOLUTION NO. 99-366 A RESOLUTION REAPPOINTING MEMBERS TO THE COLLIER COUNTY AIRPORT AUTHORITY. SEP 1 1999 WHEREAS, the Board of County Commissioners, on November 14, 1995, adopted Collier County Ordinance No. 95-67 which created the Collier County Airport Authority; and WHEREAS, Ordinance No. 95-67 provides that the Collier County Airport Authority shall consist of seven (7) members that are residents of Collier County with business ability and experience in one or more fields which include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields; and WHEREAS, Ordinance No. 95-67 also provides that at least one of the seven (7) members shall be from each of the communities oflmmokalee, Marco Island, and Everglades City; and WHEREAS, there are currently three (3) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties and conducted interviews of the various applicants. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Michael P. Williams is hereby reappointed to the Collier County Airport Authority to fulfill the remainder of the vacant term, said term to expire on August 10, 2003. 2. Herbert H. Noren is hereby reappointed to the Collier County Airport Authority to fulfill the remainder of the vacant term, said term to expire on August 10, 2003. 3. Eugene I. Schmidt is hereby reappointed to the Collier County Airport Authority to fulfill the remainder of the vacant term, said term to expire on August 10, 2003. This Resolution adopted after motion, second and majority vote. DATED: September 14, 1999 ATTEST: · ....."' DWIGHT.E. BROCK, Clerk :. :' . ..... .. ,:', ... ,;,.,,,~;.-, ':. ..'., ::/ '..~'7 '? ;' '' ' Approved as to ~d leg~ sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman l~vid C. Weigel ~) County Attorney DCW/kn September 14, 1999 Item #10C RESOLUTION 99-366A CONFIRMING NORM TREBILCOCK, ELLEN GOETZ AND CARL KUEHNER TO THE SELECT COMMITTEE FOR COHMUNITY CHARACTER AND APPEARANCE - ADOPTED Next is select committee for community character. Our role here is to confirm the appointment of the three members, Norm Trebilcock, Ellen Goetz and Carl Kuehner. COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Motion to approve. Second. Ail in favor, please say aye. Passes unanimously. Page 131 S£P 1 1999 RESOLUTION NO. 99 =366-A A RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO THE SELECT COMMITTEE ON COMMUNITY CHARACTER AND DESIGN. WHEREAS, on April 13, 1999, the Board of County Commissioners established the Select Committee on Community Character and Design as an ad hoc Committee to oversee the development of a comprehensive urban/rural design master plan; and WHEREAS, the Select Committee on Community Character and Design is to be composed of 12 members; and WHEREAS; there are currently three (3) vacancies on this Committee; and WHEREAS, the Select Committee has submitted its recommendations for filling of its vacancies to be confirmed by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby confirms the appointment of the following members to the Select Committee on Community Character and Design: Norm Trebilcock Ellen Goetz Carl Kuehner Said members shall be appointed for the duration of developing a comprehensive urban/rural design master plan or for a term of one (1) year, whichever is less. This Resolution adopted after motion, second and majority vote favoring same. DATED: September 14, 1999 ATTEST: DWIGHT E. BROCK, Clerk 2. i' "' ' l~;tes:t..a~ .'toYChatraan' $ Approved as to fora and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Cl/air~/oman David C. Weigel County Attorney DCW/kn September 14, 1999 Item #10D COMMISSIONERS MAC'KIE, NORRIS AND CARTER APPOINTED TO THE VALUE ADJUSTMENT BOARD AND COMMISSIONERS BERRY AND CONSTANTINE TO SERVE AS ALTERNATES COMMISSIONER NORRIS: Adjustment Board. CHAIRWOMAN MAC'KIE: One of our favorite items every year. MS. FILSON: I have some good news on this one. We have received a total of 185 appeals, so we're only going to schedule for October the 4th, but it will be a full day, but we're hoping for withdrawals. CHAIRWOMAN MAC'KIE: MS. FILSON: Monday. CHAIRWOMAN MAC'KIE: the community. COMMISSIONER NORRIS: because -- COMMISSIONER BERRY: COMMISSIONER CARTER: COMMISSIONER BERRY: really need to have. CHAIRWOMAN MAC'KIE: say we put him on it? COMMISSIONER BERRY: October the 4th is what day of the week? I'll do it. I mean, I can't wait to serve I think Jim should sit in on the panel Jim, you need to do this. I thought we drew them out of a hat. Oh, no, this is an experience that you Constantine's out of the room. What do you I think it's a great idea. COMMISSIONER CONSTANTINE: I heard that. Wish I could help you out. I'm gonna be not here until Thursday of that week, so I could fill in the last day if you -- COMMISSIONER BERRY: Oh, yeah. CHAIRWOMAN MAC'KIE: He always says that, doesn't he? He always can be here the last day. COMMISSIONER BERRY: Last year, he was up north. This year, he's down south. MS. FILSON: I need three members and two alternates. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: gets the trip. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Okay, Commissioner Carter -- I understand that the junior person here That's it. I'll do it. Thank you, John. We've got three and you need two alternates, that leaves these two guys. COMMISSIONER NORRIS: Motion to approve the selection. CHAIRWOMAN MAC'KIE: Ail in favor -- is there a second, I mean? COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: Ail in favor? Aye. Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Motion passes unanimously. Item #10E DISCUSSION OF COUNTY ADMINISTRATOR,S EVALUATION Page 132 September 14, 1999 Okay. Discussion about the county administrator's evaluation procedure. Commissioner Carter, thank you for your help on this. 10(E). COMMISSIONER CARTER: Let me step down and put this on the -- COMMISSIONER CONSTANTINE: Is this our facilitator, Jim Carter? COMMISSIONER CARTER: Yes, I get big bucks for this. CHAIRWOMAN MAC'KIE: Cheap at twice the price. COMMISSIONER CARTER: That's right. This is a high tech. presentation, so fasten your seat belts. Are we -- CHAIRWOMAN MAC'KIE: Can somebody hit the lights for us? I feel like swearing the witnesses or something since it's you down there, Commissioner. COMMISSIONER CARTER: Okay. There we go. Quickly, for our listening audience, what we did is, after the last review session with the county administrator, I submitted to this board a list of 50 management abilities, and this is a process that many organizations use to go through and then determine which abilities are most important to the chief executive's job, which in this case, happens to be our county administrator, and if you look at this in the first sheet, you will see as we went -- CHAIRWOMAN MAC'KIE: That's better. COMMISSIONER CARTER: Now everybody can see this? I took the first few and put there and then I also listed some of the definitions so that everyone would know that we just didn't take words and work in the blind. We took the word and the definition. Each county -- each county commissioner then rank ordered these, and as you will see that we were very consistent in terms of what we came up with, and when we get down -- if we look at -- for example, if we take a look at the first one through six, there was unanimous agreement among the commissioners that these are the top six management abilities that we expected the county administrator to focus on. Then if you look at the ones from seven through 19, you will find four out of the five of the county commissioners had total agreement on this. It appears to me that the system is working. That we ended up with 20 abilities that we were very concerned about and wanted to focus on. Twenty through 30, you found that three out of five people -- three out of the five commissioners were in agreement on this. That tells me that we were able to come up with 30 management abilities defined that the commissioners feel that the county administrator needs to focus on in a rank ordering process. Then a cross-check to that, was then to take a look at some definitions, and that is, what is a must, what is a want and what is a not necessary, and let me qualify by saying, it would be nice if everyone had all of these abilities and could do them equally, but again, it's a cross-check and a force ranking that says, are we really on target with this, and a must ability said, must be possessed by the administrator to succeed in his position. A want is an ability needed for the job, but a person can function without it, but we'd really like to have them have it, and not necessary says it's a good ability, but not necessary to succeed in the function. If you look down the list and when you look at these musts and wants, you will see that as we've gone through this process, that if we look at the top 20, as we get down in here, you will see that -- Page 133 September 14, 1999 and even when we slip from 20 to 30, there's some people who really said, I want the administrator to have this or he must have it, which leads me to believe that there's a couple things we might, want to do here. Either today we could adjust this list or independently we could take a look at this top 30, look at your musts and wants category and ask yourself, do you want to shift some of these upwards. For example, empowering others, judgment or leadership may need to be moved up on the list, reach some conclusion independently on this and bring this back on the meeting for the 28th, or we can do it here this afternoon, although it's a long -- a long day, I am suggesting that perhaps we revisit this and see if you want to do some shifting. COMMISSIONER CONSTANTINE: Jim, I've just got to ask a question here. I'm assuming that -- let's just, for the sake of argument, say we go with the top 30. I'm assuming no one is suggesting we're prohibited from passing suggestions on or a review on anything below number 30. The idea is just to clarify for ourselves, for the public, and most importantly for the administrator, what the top priorities are? COMMISSIONER CARTER: Correct. These top 30 should be the ones where I'm suggesting that the county administrator then write what I call a performance objective, which he would then review with each one of us and bring back collectively to see that we -- we're in agreement on this, but this will -- this performance objective would specifically -- and I call them smart objectives, that it would be specific, that it would be measurable, that it would be obtainable, it would be realistic and it would have a time measurement to it. CHAIRWOMAN MAC'KIE: Jim, would it be possible to get that done with all 30 -- I mean, could -- could we -- sorry. Could we get that performance evaluation -- what did you call it? COMMISSIONER CARTER: The performance objectives he could write and review with us. He has told me he could do that within a two week period. CHAIRWOMAN MAC'KIE: So we could have that to look at in two weeks? COMMISSIONER CARTER: Right. CHAIRWOMAN MAC'KIE: I'd like that a lot. COMMISSIONER CONSTANTINE: I would prefer -- just in answer to your other comment about whether we should bump some of these other items up, I'd prefer to keep it at the top 30 or even top 28, only because a majority of the board on the top 28 ranked all of those, and then the manager can certainly look at -- the administrator can certainly look at the other items that have two points or one point and see that those are priority for certain board members. COMMISSIONER CARTER: Well, that's true. All I'm suggesting, Commissioner Constantine, is that when you look at the cross-check, whether it's a must or a want, things like empowering others, judgment and leadership did indicate that perhaps within that 30, it should be moved up higher on the list, and what I'm suggesting is that we revisit that and see if anybody wants to change any of the rankings within that top 30 that might elevate those. We may or may not. It depends on -- if we were doing this in a management workshop, I would take you through and we literally would do it at this time, but we can do it independently just to make sure Page 134 September 14, 1999 that when we come back down to evaluating him again, that those, if they are more important, get up higher on the list so that he does not think that, well, you really didn't pay too much attention to that, so maybe I don't have to focus on those so much. CHAIRWOMAN MAC'KIE: And I can't help too much on that because I'm column K there, or I must be, because I have must on all of those 30. COMMISSIONER BERRY: I was wondering if we could -- well, yeah, I understand what you're saying, Pam. I tried to narrow it down some, but I wonder if we couldn't -- if you had these printed out for us, Jim, the top 30 -- COMMISSIONER CARTER: Right. COMMISSIONER BERRY: -- and then we reprioritize those 30 again. COMMISSIONER CARTER: We could do that, because then you could look at what you -- what the evaluations here with the musts and wants are by our fellow -- by all the commissioners, it may give you some indication that you might want to do some shifting. COMMISSIONER BERRY: Right. CHAIRWOMAN MAC'KIE: So if we could do that and give it to Mr. Fernandez by Monday, could you still do this performance objective drafting by our meeting on the 28th? MR. FERNANDEZ: Madam Chairwoman, I have already begun to draft the performance objectives based upon the information that we have here, assuming that they weren't going to change, and they've taken the form of a number of different program areas that I'm responsible for and some of the things that I'm going to be doing in each of those areas and ways that the performance can be measured, and then I have a means by which I'm going to relate each of those to these parameters that you've identified. So rather than identifying a specific performance objective for each one of these 30, what I've done is taken the 30 and applied them to the performance objectives that I've developed. CHAIRWOMAN MAC'KIE: That makes sense to me. Does it make sense, Commissioner Carter, in your professional -- COMMISSIONER CARTER: As long as we are -- concur and only, I think, in your individual visitations and when he develops these that you can then make that judgment. CHAIRWOMAN MAC'KIE: Because if we did this, and you could meet with each of us individually and then at our next meeting on the 28th, we could come to consensus that this is the form, then within the next week or so, we should be able to complete that evaluation and give it to you so that we could give you what we promised you, and that is an objective evaluation that could be measured. COMMISSIONER CARTER: See, what you're looking for is specific outcomes against the ability. So for example, if a person does not do a good job in, let's say judgment, that you have some measurement to say, well, this was a good -- this was an acceptable job or not an acceptable job, but going into this, he knows that we're focusing on that particular ability, we are focusing on these particular performances and we're looking for that, so -- rather than getting down to an evaluation period where everybody has a different criteria. CHAIRWOMAN MAC'KIE: How does the board feel about that as a time line, that -- Page 13 5 September 14, 1999 COMMISSIONER CONSTANTINE: I think it's perfect. I mean, we had said we'll do the formal review in November and this unfolds in perfect timing. I think if we're at the end of September being very clear what's expected under each of these criteria, then come November when we're doing that, everybody's on the same page. So I think the timing is perfect and the effort is well-founded and I commend Commissioner Carter for all of it. MR. FERNANDEZ: The reality is that the evaluation in November will have to be done for a period of six months based upon an assumption of what these have been, because there's not a realistic period of time to have these set, put into place, put me on notice that these are the requirements and then a period of time for me to respond to them. What I believe has happened is that I heard you loud and clear in May and we have done some things since May, and November's the opportunity you're going to have to evaluate whether or not there's been improvement. COMMISSIONER CONSTANTINE: Agreed. CHAIRWOMAN MAC'KIE: Great, and this will be the mechanism we'll use for that -- MR. FERNANDEZ: For that and for -- CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER NORRIS: So we'll leave that -- we don't need a motion on that, I wouldn't think. CHAIRWOMAN MAC'KIE: No. COMMISSIONER NORRIS: Just extend our thanks to Mr. Carter for doing all this for us. COMMISSIONER CARTER: Thank you. COMMISSIONER BERRY: Wait 'till he sends us the bill. Item RESOLUTION 99-367 APPOINTINH KEN ABERNATHY, KAREN URBANIK, SAM SAADEH, AND J. A. RATIO TO THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED CHAIRWOMAN MAC'KIE: Okay. Planning Commission appointments. There's some -- COMMISSIONER NORRIS: There's a new thing -- CHAIRWOMAN MAC'KIE: Yeah, you don't mind -- they've already handed it out. Planning Commission appointments, there is a new staff report because we were able to get applicants from all the districts in in time to consider them for today. COMMISSIONER CONSTANTINE: Amazing how that works. CHAIRWOMAN MAC'KIE: Isn't it amazing? And the other comment that I have just to -- for the board's consideration is, as you heard Miss Student say, the first workshop that the Planning Commission is gonna have on the whole comp. plan amendment process is September 29th. I've talked to Mr. Oates who is the representative from my district and he's agreed that he would withdraw as of the 29th, so that the new commissioner for district four would be seated on the 29th and hear that initial workshop. My suggestion is that we would -- it's only a matter of, what, two days, a couple of days? Yeah, September 29th to October 1st, that we change the terms to back them up to September 29th across the board Page 136 September 14, 1999 so that the new Planning Commission members are the ones who are seated on September 29th for the first workshop. COMMISSIONER BERRY: Do the districts coincide with the districts that are on here? Because you've got four commission districts represented here, but you've only got two slots, so what does that mean? MS. FILSON: That's because applicants sent resumes in even though they didn't reside within the two districts that were open. COMMISSIONER BERRY: Okay. So we're actually looking at district -- commission district two and three, right? CHAIRWOMAN MAC'KIE: And four. MS. FILSON: One, two, three and four. The first packet is for district one and four and the second packet is for district two and three. COMMISSIONER CONSTANTINE: The one that's already in your book had one and four. CHAIRWOMAN MAC'KIE: And people subsequently applied, but it was after -- they weren't in the right districts. COMMISSIONER CONSTANTINE: Two and three wouldn't normally have been due for another couple of weeks and we just -- CHAIRWOMAN MAC'KIE: So I'd like to appoint Ken Abernathy to the seat for district four with an effective date of September 29th. COMMISSIONER NORRIS: And I'll appoint -- reappoint Karen Urbanik and so it won't make any difference with her because she's already on. COMMISSIONER CONSTANTINE: I'm going to appoint Sam Saadeh. COMMISSIONER NORRIS: District three? COMMISSIONER CONSTANTINE: District three. CHAIRWOMAN MAC'KIE: Do you think he could start on the 29th? COMMISSIONER CONSTANTINE: We can certainly ask him. I bet he can. CHAIRWOMAN MAC'KIE: I bet he can. And district two? COMMISSIONER CARTER: District two, I've had the pleasure of having five very strong candidates and I am going to appoint J.A. Rautio. CHAIRWOMAN MAC'KIE: And do you think she would start on the 29th if we asked her to? COMMISSIONER CARTER: Yes, I'm sure she would. COMMISSIONER CONSTANTINE: Madam Chair, I'll make a motion we approve those four names. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Second. Ail those in favor, please say aye. Passes unanimously. Page 137 RESOLUTION NO. 99-367 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE COLLIER COUNTY PLANNING COMMISSION. WHEREAS, the Collier County Planning Commission was established by Collier County Ordinance No. 85-51, as amended by Collier County Ordinance No. 86-76; and WHEREAS, Collier County Ordinance No. 91-102, as amended, repealed and replaced Ordinance No. 85-51, as amended, re-establishing the Collier County Planning Commission; and WHEREAS, Ordinance No. 91-102, as amended, provides that the Collier County Planning Commission shall be composed of nine (9) members representing the five commission districts; and WHEREAS, as of October 1, 1999, there will be four (4) vacancies on this Commission; 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. Kenneth L. Abernathy, representing Commission District No. 4, is hereby appointed to the Collier County Planning Commission for a 4 year term, said term to expire on October 1, 2003. 2. Karen Urbanik, representing Commission District No. 1, is hereby reappointed to the Collier County Planning Commission for a 4 year term, said term to expire on October 1, 2003. 3. Sam Saadeh, respresenting Commission District 3, is hereby appointed to the Collier County Planning Commission for a 4 year term, said term to expire on October 1, 2003. 4. Joyceanna J. Rautio, representing Commission District No. 2, is hereby appointed to the Collier County Planning Commission to fulfill the remainder of the vacant term, said term to expire on October 1, 2000. This Resolution adopted after motion, second and majority vote. DATED: September 14, 1999 ¥....'.'...i.' 'ATTE'~T'i?ii...' ::: .::.!,:;. D'~G~~EIIROCK, Clerk ~ .,,. 7: , ',, :.:': .}C.. '-:'% , 2-.': .... . :,i . .".-'" Attest,,as to sla~ature ~1 w. Rpproveo as ~o fo~ ~d legal su~ciency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DCW/kn September 14, 1999 Item #10H RESOLUTION 99-368 APPOINTING BARBARA LOUISE MAINSTER TO THE COLLIER COUNTY SCHOOL READINESS COALITION - ADOPTED Okay. School readiness coalition. There's one applicant. COMMISSIONER BERRY: Move approval of Barbara Mainster. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor -- sorry. Discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 138 RESOLUTION NO. 99-368 A RESOLUTION APPOINTING BARBARA LOUISE MAINSTER TO THE COLLIER COUNTY SCHOOL READINESS COALITION. WHEREAS, Section 411.01, Florida Statutes, established the Florida Partnership for School Readiness for the purpose of administering a School Readiness Program; and WHEREAS, Section 411.01, Florida Statutes, provides for the creation of School Readiness Coalitions, each coalition consisting of at least 18 but not more than 25 members, including 1 member appointed by the Board of County Commissioners; and WHEREAS, the Naples Alliance for Children, in cooperation with the Pre-K Interagency Council, are currently organizing a Collier County School Readiness Council and have requested that the Board of County Commissioners appoint 1 member to serve on the Council; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Naples Alliance for Children and the Redlands Christian Migrant Association have provided the Board of County Commissioners with their recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Barbara Louise Mainster is hereby appointed to the Collier County School Readiness Coalition. This Resolution adopted after motion, second and majority vote. DATED: September 14, 1999 ATTEST: · DWIGHTE BROCK, Clerk ~i~ibtoVed as to fora and legal sufficiency: David C. Weigel County Attorney DCW/Im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman September 14, 1999 Item #10I RESOLUTION 99-369 APPOINTING MORRIS JAMES LOUIS TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED And we can talk about Isle of Capri Fire Control District Advisory Committee. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: Discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 139 RESOLUTION NO. 99-369 RESOLUTION APPOINTING MORRIS JAMES LOUIS TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for the Isles of Capri Fire Services Tax District; and WHEREAS, Ordinance No. 78-49 provides that the advisory committee shall consist of three to five members; and WHEREAS, there is currently a vacancy on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Morris James Louis meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee to fulfill the remainder of the vacant term plus an additional 2 year term, said term to expire on December 31, 2001. This Resolution adopted after motion, second and majority vote. DATED: September 14, 1999 ATTEST: DWIGHT E. BROCK, Clerk t/ · Slgnat~'e':onl$ ApprOved as to form and legal sufficiency: David C. Weige[ County Attorney DCW/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA September 14, 1999 Item #10J REQUEST FOR APPROVAL AND PAYMENT FOR COMMISSIONER TO ATTEND CIVIC FUNCTION - APPROVED Oh, the next one is, you know we talked about under -- in budget about whether or not commissioners should have a budget to attend civic functions. This is the first one that I was bringing for the board that I would go the NAACP banquet. The ticket price is $50 and I'm asking for the board to declare that that is an appropriate expenditure. COMMISSIONER CONSTANTINE: Two things. I thought we said that we didn't have to bring those back to the board. I thought a majority agreed that -- I didn't happen to think we should put it in as a budget item anyway, but those that did, I thought we agreed that we'd put that in and then left it up to the discretion of each commissioner. COMMISSIONER NORRIS: I thought we had a blanket approval for these civic -- CHAIRWOMAN MAC'KIE: I'm positive we did. That was exactly what we did, and then the County Attorney's Office and the county clerk said, you can't do it that way. COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: So I -- you know, the best we can come up with at this point is that in the future, these could be consent agenda items, but -- COMMISSIONER BERRY: So does this mean that any of us can put an item on here to -- CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: Mr. Weigel, I saw you shaking your head no. I don't -- MR. WEIGEL: No, I'm agreeing with exactly what Commissioner Mac'Kie stated. CHAIRWOMAN MAC'KIE: So I had two items on here, I'm sorry, the NAACP banquet, which is $50 and the Economic Development Council excellence in industry awards luncheon at $35. I was requesting the board's approval for expenditure of funds on those two items. COMMISSIONER CONSTANTINE: I'm not going to support them, not because I don't think they're both great things, but I just need to remain consistent. I don't think we should be spending taxpayer money to go to these various social engagements. COMMISSIONER CARTER: Well, I don't look at these as social engagements. I think, again, this is for -- the community is asking us to be present and that each commissioner can be selective, or as I said before, perhaps we may designate commissioners to portfolio areas to represent us, the Board of County Commissioners, at these functions, and that's why I put in the one for excellence in industry for the Economic Development Council. CHAIRWOMAN MAC'KIE: Is that -- likewise, are you planning on attending that one? COMMISSIONER BERRY: I am. COMMISSIONER CARTER: I will not go if one other person goes. If you are going to that, I wouldn't go. Page 140 September 14, 1999 CHAIRWOMAN MAC'KIE: Then why don't you go to that one instead of me, or you instead of -- COMMISSIONER BERRY: I'm going, but I'm not charging the county. CHAIRWOMAN MAC'KIE: Okay. Well, I'm going to go to the NAACP banquet. Is anybody else going? Does anybody want to move approval of that particular expenditure? COMMISSIONER CARTER: Well, I'll move for approval so that we can get this resolved. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: All in favor, please say aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Aye. COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Passes three to two. COMMISSIONER BERRY: Madam Chairman, if I might, please. When that discussion came up before, because I had supported this during the budget session and I know that you were shocked when I didn't support this when we discussed it the last time, but frankly, it was so confusing as to where we were that it -- it just was not worth the hassle. If this is what it's gonna be, you know, so be it, I guess. COMMISSIONER CONSTANTINE: How does this -- legally, how does this differ from our out-of-county expenditures which do not require the board to come back and review every single one of them? CHAIRWOMAN MAC'KIE: Can I respectfully -- well, never mind. Storm's coming. Storm's here. MR. FERNANDEZ: It's four o'clock. The storm came at four o'clock just like Ken said. CHAIRWOMAN MAC'KIE: Just like Ken said it would. COMMISSIONER NORRIS: He missed it by a full 20 minutes. CHAIRWOMAN MAC'KIE: Is this a discussion -- let me just give you a little update. I met on this with Mr. Manalich and Jim Mitchell and they are developing a form that will go on the consent agenda in the future. COMMISSIONER CONSTANTINE: My question remains, how is this any different than the out-of-county travel budget that doesn't require it to go on the consent agenda? MR. MANALICH: Good afternoon, commissioners. For the record, Ramiro Manalich. The basic issue here in talking with the clerk's office is that, first, this doesn't have to do with the out-of-county travel to conferences or seminars. What it has to deal with is these local civic functions where it is debatable whether or not it serves a public purpose or not. The other aspect of it is that no individual commissioner can legally make that decision. It's the board that determines public purpose. That's why -- COMMISSIONER CONSTANTINE: And the board doesn't have the ability to make a blanket approval on that? MR. MANALICH: No, unfortunately not. Page 141 September 14, 1999 MR. FERNANDEZ: Madam Chairwoman, I'd like to pursue that if I may -- if I may ask Ramiro. Why would it not be appropriate for the board to adopt a resolution determining the following types of events would be a public purpose and list them so that there would be some blanket approval? MR. MANALICH: You certainly -- if you have recurring functions that occur every -- periodically, every year or whatever, certainly those can be identified in one fell swoop, but when we have categories -- for example, if we say charitable, if we say civic -- CHAIRWOMAN MAC'KIE: What if we say Economic Development Council, Chamber of Commerce, Conservancy, NAACP, specific -- MR. MANALICH: That, I think could probably work, but I don't think that's gonna capture all of the myriad of possibilities out there. CHAIRWOMAN MAC'KIE: Well, it would be a step in the right direction. MR. MANALICH: Yeah, I mean, and we can do as much of that -- COMMISSIONER CONSTANTINE: Sounds like the county administrator's working on something now. MR. WEIGEL: The county attorney was working on this before and we actually brought it forward, but the board, at that point, determined not to go forward with the blanket resolution. The blanket resolution can cover specific events ahead of time, but there will be those various and sundry individual things that we will not be able to capture with the blanket event recognized type of functions or events ahead of time and -- MR. MANALICH: Example being -- MR. WEIGEL: -- those can come through on the consent agenda. MR. MANALICH: The best example being, for example, the McTarnaghan (phonetic) retirement function. I don't know where that would have fit in, but there are arguments pro and con there as to why or why not that would serve a public purpose. COMMISSIONER NORRIS: May I suggest that we have some important things to go here. COMMISSIONER CARTER: Well, I think -- COMMISSIONER CONSTANTINE: We'll revisit this another day. COMMISSIONER CARTER: Another day, and maybe the county administrator wants to put together a list and circulate it among us so that maybe we can just move this forward and not have to go through this every time. CHAIRWOMAN MAC'KIE: So there is a motion for me on the NAACP and Commissioner Carter on the EDC luncheon? COMMISSIONER CONSTANTINE: It already passed three-two, didn't it? CHAIRWOMAN MAC'KIE: I think we just -- we did pass it three-two. I'm tired. I'm sorry. MS. FILSON: Did that include both of them? CHAIRWOMAN MAC'KIE: Yes. Item #10K COMMISSIONER CONSTANTINE APPOINTED TO THE NAPLES AIRPORT AUTHORITY NOISE COMPATIBILITY COMMITTEE Page 142 September 14, 1999 Naples Airport Authority. How about the vice chair serving in that -- COMMISSIONER CONSTANTINE: Yeah, I'd be happy to, particularly having the aviation background. What -- what happened where you decided to vacate that, did you just -- you don't have time or got tired of it or -- COMMISSIONER BERRY: No, it's -- COMMISSIONER CONSTANTINE: If I could talk to you about it outside here, I would. I'm just curious what happened. COMMISSIONER BERRY: It was nothing that really happened. I mean, nobody did anything that offended me or anything. It's not of that nature at all. I did happen to think that because of this study with the eastern properties and those kinds of things that that was gonna require more time. On this particular issue, I felt like -- it's a difficult situation, but it's kind of one of these issues that it's all -- in my opinion, there's no other way to say it than to say it, but I think we're really fighting, in some ways, a non-issue. It's an issue to a certain group of people, but -- and we have done certain things. That's my whole point. I believe that the Airport Authority, I'm speaking of the City of Naples Airport Authority, not the county, to clarify for the public, I believe that they have taken actions to minimize by the stage one ban, which they successfully got through. They're looking at the stage two ban, and until everything is eliminated in some sort of segment of our population, there will not be happiness, but one has to keep in mind that this is a viable transportation -- COMMISSIONER CONSTANTINE: How frequently does the committee get together? COMMISSIONER BERRY: They meet once -- I think it's now once every two months and they meet on a Thursday night, either at the Airport Authority or -- or down at City Hall. COMMISSIONER CONSTANTINE: All right. Thank you. I'll be happy to do that. CHAIRWOMAN MAC'KIE: Would you agree to serve in that capacity? COMMISSIONER CONSTANTINE: Yes. CHAIRWOMAN MAC'KIE: Would someone make that a motion? COMMISSIONER BERRY: I'll move that Commissioner Constantine assume that role. COMMISSIONER CARTER: I'll second it. CHAIRWOMAN MAC'KIE: Discussion? All in favor, please say aye. CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #100 DISCUSSION REGARDING STREET NAME CHANGE FOR LANDFILL ROAD Commissioner Berry had a street name, I think is what I have. COMMISSIONER BERRY: Yes. This is just direction to -- it was brought to my attention there's a -- not a concern, but an interest in changing the name of Landfill Road to another name and I would like for the board -- Page 143 September 14, 1999 COMMISSIONER CONSTANTINE: Stinky Way? COMMISSIONER BERRY: Constantine -- CHAIRWOMAN MAC'KIE: Memorial Highway. COMMISSIONER CONSTANTINE: Well, it won't be Public Golf Course Boulevard, I guess. COMMISSIONER BERRY: No, I don't think it will. At any rate, if we could just give direction to staff to work with the individuals to pursue this end. CHAIRWOMAN MAC'KIE: That's a nice idea. COMMISSIONER CONSTANTINE: Sure. CHAIRWOMAN MAC'KIE: Is that sufficient direction? I heard three, four. COMMISSIONER BERRY: Just mainly for staff. Item #10P DISCUSSION REGARDING ESTIMATE FOR RECONNECT ON VANDERBILT BEACH ROAD CHAIRWOMAN MAC'KIE: Commissioner Carter has the interconnection of the waterway between Vanderbilt and Pelican Bay. COMMISSIONER CARTER: Yes. We have permits for another year on that road that if -- if we did that, we would not have to go back to DEP and the very elaborate process to do that reconnection. What I'm asking the board is if we could give staff direction to find out what the engineering costs would be on that, because there's a number of private sector people who are willing to pay for the actual construction of that, and that would be as long as all communities were in agreement in Pelican Bay and Vanderbilt and everyone was all in tune and it would not affect restoration or water quality or any of those issues that have to be thoroughly explored, but before we can do that, we need to know what it would cost to do this slightly elevated bridge that looks a lot like the bridge that goes across into -- COMMISSIONER CONSTANTINE: Jacksonville? CHAIRWOMAN MAC'KIE: Naples Cay? COMMISSIONER CARTER: -- into Grey Oaks. So the idea was to -- for the reconnect was brought to me by several groups in the community. So I just need direction to see if we can give that to staff to find out what it would cost to do -- CHAIRWOMAN MAC'KIE: would cost. That's two. COMMISSIONER BERRY: COMMISSIONER CARTER: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: I'm very interested in seeing what that Yeah. Yes. Okay. Okay. Is this the lagoon, Jim? That's fine. So directed. Item #11A1 TRANSFER OF $848,900 FROM RESERVES FOR CONTINGENCIES TO THE SHERIFF'S OFFICE OPERATING FUND - APPROVED IN THE AMOUNT OF $840,510 And now ll(A) (1), which is the sheriff's transfer of $848,900 from reserves for contingencies. This is the one that we said basically we don't have a yea or nay over, but we didn't say we wouldn't ask the question, so this is not on the consent agenda, so if Page 144 September 14, 1999 the board members have questions about it, we can ask Sheriff's Office representatives. COMMISSIONER CONSTANTINE: What happened to Crystal's commitment there would be no requests this year? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: the sheriff? COMMISSIONER CARTER: year's budget, for one? CHAIRWOMAN MAC'KIE: I have some questions about this. Okay. I have lots of questions. Lots of questions. Who's here on behalf of I want to know, what did you do to next Come on up here a little faster. We were supposed to be out of here 30 minutes ago. MR. LEWIS: Yes, sir? Harvey Lewis, Collier County Sheriff's Office. CHAIRWOMAN MAC'KIE: Questions for Mr. Lewis? COMMISSIONER BERRY: Yes. Do you happen to have last year's budget? MR. LEWIS: No, ma'am, I didn't bring it with me. COMMISSIONER CONSTANTINE: The year we're in right now or -- COMMISSIONER BERRY: Well -- MR. LEWIS: You mean the dollar amount of the budget or the actual budget -- COMMISSIONER BERRY: This year's budget, and I'm looking for line items for these specific items that are on here, were they in this year's budget? MR. LEWIS: No, ma'am, they were not. CHAIRWOMAN MAC'KIE: Well, you're bound to have had some vehicle replacements, for example. MR. LEWIS: Yes, absolutely. Some of these are -- are unanticipated expenses. The motor vehicles, for example, we had budgeted for approximately 90 vehicles to be replaced. That allows us to replace the fleet every seven years. As it turned out -- and we have an aging fleet. The fleet -- of the fleet, about 50 percent of it is -- is over five years old. So we have an aging fleet. We had anticipated replacing 90. In reality, we got into a situation where there were certain vehicles that just were uneconomical to repair. As a result, they were replaced. In order to try and minimize the costs for the replacement -- there were actually 28 more vehicles replaced than we had anticipated and budgeted for. Typically, that would have cost us somewhere in the neighborhood of 600,000 to replace. In order to -- to attempt to keep the cost down, we replaced with refurbished vehicles as opposed to new vehicles for approximately half the cost. Similar situation on the -- on the repair expenses. Again, we have a fleet that is -- is getting older. We have not been able to keep up with replacements as we would have liked, and as a result, maintenance costs are running higher than we've budgeted. I mean, I can go through each one of the items. CHAIRWOMAN MAC'KIE: Well, I'd rather just ask questions. COMMISSIONER CONSTANTINE: Just on the very first item, there's a -- I talked to both the sheriff and your budget director and both have indicated that that might qualify for confiscated trust funds, and Page 145 September 14, 1999 while it's a small dollar item, every bit we can save from general fund, we probably ought to. MR. LEWIS: Yes, sir, we can -- we think we can do that. CHAIRWOMAN MAC'KIE: So we might be able to reduce this number by $8,390? MR. LEWIS: Yes, ma'am. CHAIRWOMAN MAC'KIE: That's great news. Other questions specifically for Mr. Lewis on any of these items? Mr. Fernandez, you had a -- your hand up a second ago. MR. FERNANDEZ: Madam Chairwoman, I just think it's appropriate that we ask about the nature of these expenditures. If they are, in fact, regular expenses, why are they coming at this point? CHAIRWOMAN MAC'KIE: Well, I think he just told us that with regard to the vehicles. There may be other -- I mean, didn't he answer that question with regard to vehicles? COMMISSIONER BERRY: See, I don't think so because I -- MR. FERNANDEZ: Not the whole list. I think with respect to the rest of the list, there's some questions about -- COMMISSIONER CARTER: I'm with Commissioner Berry. There's two major items here, unexpected vehicle replacements. I mean, that baffles me that in any budgetary and maintenance process, you'd suddenly say, whoops, we're three hundred thousand bucks off. If you were in the private sector and did this to me, I would tell you you are in big trouble. Same way with the second -- the item of $353,000 for an IT network security in Y2K. CHAIRWOMAN MAC'KIE: They didn't know Y2K was coming. COMMISSIONER CARTER: My goodness, I mean, I don't -- I cannot grasp why you did not budget -- COMMISSIONER BERRY: They didn't know Y2K was coming? CHAIRWOMAN MAC'KIE: They couldn't have because this is unanticipated. That would be sarcasm, Barb. MR. LEWIS: Well, sir, I mean -- let me try and address a couple of those issues. Again, when we -- when we sit down and prepare the budget, we're attempting to -- to make the best projections of what we anticipate the expenses to be. We have a fleet of about 700 vehicles. As I said, we plan on a routine replacement of about 90. Because of reductions in the budget, we haven't always been able to replace 90 a year. This year, it got to the point where we had vehicles that were more expensive to repair or -- or -- it wasn't economically feasible to repair them as opposed to replacing them. COMMISSIONER CONSTANTINE: You said because of reductions in the budget. Can you tell me which year we reduced your budget? CHAIRWOMAN MAC'KIE: Oh, goodness. Reduced the requested budget amount is what I think he meant. COMMISSIONER CONSTANTINE: Is that what you meant? MR. LEWIS: Yes, sir, but the other issue, I think, is that we tried to be very conservative in -- and this is, I think, you know, at your desire, we tried to project what the expenses are, but we don't try to over-project. We don't try and put more money in the budget than -- than, you know, is necessary. We're developing a budget ten to twenty months in advance, and as a result, there are things that happen. We have situations with Page 146 September 14, 1999 vehicles where there are accidents that we don't project for. I mean, we've had fatalities this year among -- among the deputies. CHAIRWOMAN MAC'KIE: Three hundred thousand dollars? MR. LEWIS: Well, no, I'm not saying that, but I'm -- again, there are combinations of issues here. CHAIRWOMAN MAC'KIE: Mr. Fernandez has a question and then Commissioner Berry. MR. FERNANDEZ: Madam Chair, we have wondered if, in reality, these are expenses that were, in fact, budgeted, but the funds that were budgeted for these activities were, in effect, preempted by premature raises that were granted by the sheriff prior to the beginning of the fiscal year October 1st and we understand that those have been granted early. CHAIRWOMAN MAC'KIE: I'll say one thing, they couldn't -- I mean, raises for the deputies are late, no matter when they've been granted because these guys are underpaid, but that's the sheriff's decision. The question here is, the rumor is, and I guess we just put it right out there, is that you gave raises in June, and therefore, you have a budget shortfall that you have to make up. COMMISSIONER CONSTANTINE: Raises in the amount that was budgeted for next fiscal year. COMMISSIONER BERRY: That's right. MR. LEWIS: The budget that -- the situation on the raises is that the raises were implemented, I guess it would have been three months early, was an approved budget -- approved raises by the commission that are to take effect October 1st. The -- the sheriff had what he considered, and still has what he considers to be a serious retention/recruiting problem and he had a surplus in the personnel area as a result of reductions in retirement expenses. To answer that these are not funds -- if in fact, you look at the workshop materials that you were provided, these are line item expenses that exceed the budgeted amount. There is a line item for -- for automobile replacement. These -- this -- we have exceeded, unfortunately, the amount budgeted for automobile replacement. This is not a matter of taking money that was earmarked for automobiles and shifting it anywhere. This was money that was budgeted. These are -- the automobile item is an item that in the materials presented to you by the county administrator, he identified that overrun. That was in the forecast that he -- that he identified. COMMISSIONER CONSTANTINE: What is the -- MR. FERNANDEZ: Madam Chairwoman? COMMISSIONER CONSTANTINE: -- total amount of the expenditure for -- you said you put the raise in effect three months early, so it was July, August, September. What's the total amount that that ends up being, total dollar amount that that increase ends up being for those three months? MR. FERNANDEZ: While he's looking for that, the forecasted amount was $163,000, not 850,000. CHAIRWOMAN MAC'KIE: And not 300,000. MR. LEWIS: The forecast amount for motor vehicles was not 160,000 -- MR. FERNANDEZ: I'm talking about the whole budget, the whole sheriff's budget. Page 147 September 14, 1999 MR. LEWIS: The whole sheriff's budget amount was not 163. If you look at the adopted budget, on your materials, the adopted budget versus the current -- the forecast, it was actually 1,175,000 off. Eight hundred thousand was Marco, so it's 375,000. The 200,000 that you all are talking about is 200,000 that was an item from last year that we -- you voted to refund. It was last year's item. The projected -- the projected shortfall at the workshop was $375,000. COMMISSIONER CONSTANTINE: Can I get an answer to my question? CHAIRWOMAN MAC'KIE: So it's still a half million dollars we're looking for? And so the question was, the three months early implementation, the cost of that was what? MR. LEWIS: I believe, sir, it was about 200,000, but I don't have the figure right in front of me. COMMISSIONER CONSTANTINE: So 3 percent of your personnel costs for one-quarter of the year is $200,000? COMMISSIONER BERRY: Gotta be more than that. COMMISSIONER CONSTANTINE: I did some quick math and it came out amazingly close to $850,000 and that's where I'm going with this. I don't think 200,000 is even close. MR. LEWIS: Okay. COMMISSIONER CONSTANTINE: And that's a pretty important question for me. I need to have an answer for that. MR. LEWIS: Okay, sir. I don't have that with me. COMMISSIONER CONSTANTINE: Could we do -- can we figure that out? Can we defer this item for a few minutes and move on or something because it's -- COMMISSIONER NORRIS: Let me ask a question. Was the raise given agency-wide? MR. LEWIS: Yes, sir. COMMISSIONER NORRIS: All personnel? MR. LEWIS: Yes, sir. CHAIRWOMAN MAC'KIE: Civilian and law enforcement? MR. LEWIS: Yes, ma'am. COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: Well, Mr. Weigel, we've been asking questions and we have one, at least, unanswered question. What authority do we have at this point with regard to this agenda item? COMMISSIONER CONSTANTINE: We're not required to approve an agenda item. COMMISSIONER BERRY: See, my problem is that I look at these items and I would expect that these are items that should have been budgeted for. I mean, it just doesn't make any sense to me that you're coming in and asking for IT network, which is security in Y2K. I mean, you've known about that -- we've all known about that for several years. I don't understand why, on September 14th, 1999, we're getting a request for funds from the contingency regarding Y2K. I mean, you -- I spoke to the sheriff last week and he did tell me that there was a discrepancy that had been reported in the media of being like 60 percent or 66 percent. He said that was wrong, that it was more in the 90 -- high 90 percent of being ready to go, and then I see this and I'm going, wait a minute, something's not adding up here unless, no matter how much of this you have written down here, we can Page 14 8 September 14, 1999 -- all you're really looking for is approval for $848,900, which if this goes through, and I believe the policy is in place now -- COMMISSIONER CONSTANTINE: You cannot predetermine what this board does. CHAIRWOMAN MAC'KIE: Let me pause for a second. COMMISSIONER BERRY: Okay. But what I want to say is, we can approve this amount and we don't know where it's going to go. MR. LEWIS: Ma'am, can I address the IT issue because I didn't -- CHAIRWOMAN MAC'KIE: Yes, in just one second. May I assume that someone from your staff is watching this and is researching the answer to Commissioner Constantine's question while we continue to talk? MR. LEWIS: I hope so, ma'am. CHAIRWOMAN MAC'KIE: Would you like one of us -- maybe Jim would make a call over there. MR. LEWIS: I know they're watching, so -- CHAIRWOMAN MAC'KIE: Okay. So somebody do that and then answer the IT question, and then Mr. Fernandez. MR. LEWIS: Right. What I believe happened on the IT situation, we certainly knew that Y2K was coming. We budgeted for Y2K. We're well underway with replacing, you know, most of the systems. What happened is in the process of replacing the systems, there were unanticipated issues that got raised. There were things like we -- we are -- in being compatible with Y2K, we're putting new computer systems into place. We are looking at ways to communicate with the clerk as these new -- for example, as these new systems come into place. We're faced with new building locations that we have to try and deal with. As a result, one of the things that happened is, computer security, how we got the interfaces with the clerk's office, how we handled our investigative division, being instead of across the parking lot, being several miles down the road, we realized that we had a security issue and that we had to invest in security software that would protect our data and our investigative files that we hadn't anticipated. COMMISSIONER CONSTANTINE: Is the clerk's -- I know that -- the sheriff and I talked a little bit about that yesterday and there's some internet connection or something there with the clerk and you want to make sure you, obviously, you protect your files against hackers. MR. LEWIS: From the internet, yes. COMMISSIONER CONSTANTINE: Is the clerk's connection up and running now, or if not, when is it anticipated? MR. LEWIS: Again, sir, I'd have to get the answer. I don't know the answer to that offhand. I know that, you know, we're anticipating most of these systems being up and running in the next month or so. That specific system, I'm not sure about. CHAIRWOMAN MAC'KIE: Next month or so would be good though because we're in mid September, hopefully by mid November -- MR. LEWIS: We're supposed to have all of our systems up in the next 30 days or so. COMMISSIONER CONSTANTINE: Yeah, and I'm not asking that on the Y2K part. I'm asking that on the security part of this. That's a very valid concern, but if the clerk isn't going to have the interconnection -- the internet connection up until January, that Page 14 9 September 14, 1999 becomes next year's budget item, not the last two weeks of the current year. MR. LEWIS: Well, okay, but again, that's why it was unanticipated. COMMISSIONER NORRIS: Crystal is here. CHAIRWOMAN MAC'KIE: And the high sheriff. MR. LEWIS: So that's why some of those things that seem like -- you know, we did the best planning we could, but in the process, there are things that -- there are issues that come up and that have to be addressed. COMMISSIONER CONSTANTINE: Sheriff Hunter, you and I, yesterday, talked about a security issue with IT and the clerk connecting to the internet and you obviously needing to protect against that. Is he already hooked up to the internet or is that coming in the next 30 days or when is that gonna happen? SHERIFF HUNTER: Yes. Let's run through that. What we have is an interconnection with the Clerk of Courts. What we try to do is share information. An example would be the booking process that works to create a file, it creates a case number so that as soon as we book someone in, that becomes the offender based tracking identification number for the whole system and that's shared by the State of Florida. That builds, not only our case file, but also the prosecutor's case file, public defender, if there is one issued, Clerk of Courts, et cetera, et cetera. That information goes to the clerk so that he does not have to re-input that with a clerk -- deputy clerk over at his place. We want that connection. That's just one example. Unfortunately, I believe it's unfortunate, but the Clerk of Courts has decided, and I can't critique him for his decision, I think it's a sound decision for his side, but he has hooked up to the internet. The purpose being to permit people to inquire on records from outside his agency, thereby not tying up his members, his deputy clerks, to make those inquiries, which is a very sound management decision. However, what that permits is intruders to our system through the internet connection unless we can find a way to prevent that from occurring. The clerk and I have been discussing this to try to find a way to provide for, not only the fire walls, which was the old technology and is being overcome by the hackers now, and he's already had one intruder, by the way, violate his system, but we're trying to find a security method that will prevent intruders coming into our main frame system. So this money, as we discussed yesterday, is to provide for that consultant service to build a security into -- security features into the system to prevent interlopers into the system. COMMISSIONER CONSTANTINE: To me, that's a valid concern. CHAIRWOMAN MAC'KIE: Right, and the commissioner's question was, is the clerk up and running on that, and the answer is yes. SHERIFF HUNTER: Right. We were informed by the clerk, kind of happenstance, that he had an internet connection and we had already been warned by the Florida Department of Law Enforcement that internet connections can be a way of violating your system, so it was a -- it was fortuitous that we found out about it before anything happened. We have not yet been intruded upon, but we are working and searching for a method to prevent that intrusion. That's what that's for. Page 150 September 14, 1999 CHAIRWOMAN MAC'KIE: Questions -- was someone from the agency able to get the answer to the question about the cost of implementing the pay plan, the raise three months early? SHERIFF HUNTER: Yeah, the question about that, we -- again, we discussed that yesterday. I had brought to the board's attention the fact that we have information in the agency that, as we discussed with you previously, a consultant study indicates that we're anywhere from 8 to 11 percent short of being competitive in the market for the people that we're trying to, not only attract to the agency, but retain in the agency, and as I've informed you before, although I can't verify these things because it's only rumor, but I again, rely upon my record here that I've never used the contingency reserve before, but I think we're facing an unusual situation at the moment, losing members to other agencies, as well as being told that we are going to lose larger numbers to other agencies, and as I explained to Commissioner Constantine yesterday, I did implement the approved board policy, three and a half percent, early in order to try to convince members to keep their position here and not to leap off before we were able to do something different. They are waiting to see what the board's position will be relative to a pay adjustment later in the year so that I might retain them as well, but I did implement a three and a half percent about July 1, I believe it was exactly July 1, using the savings that we realized from the retirement contributions that we would have normally made that were now a savings to the agency. COMMISSIONER CONSTANTINE: Do you know what the total cost of that was for the three months? SHERIFF HUNTER: Two hundred and -- what was it? CHAIRWOMAN MAC'KIE: You're still working on that number? MR. LEWIS: Sir, if I may, I just did some rough calculations, as I'm sure you did here. Our total payroll annually is about forty-eight million dollars. Three percent of that a month is about $130,000, so three months would have been a little less than $400,000 in costs. COMMISSIONER CONSTANTINE: Thank you. CHAIRWOMAN MAC'KIE: Thank you. That's exactly what we needed. COMMISSIONER CARTER: That was across the board, as I understand, all positions? SHERIFF HUNTER: I just adopted your policy and paid it on July 1, three and a half percent, all positions. That's what we budgeted for, and as I explained to Commissioner Constantine, that will not affect them -- October 1, we will not adjust again. This is three and a half percent, that's what they will get until we agree to some other number as represented by the consultants on the pay study. CHAIRWOMAN MAC'KIE: Other questions for the sheriff on this item? COMMISSIONER BERRY: How do we do this on a budget that hasn't been adopted by us yet? CHAIRWOMAN MAC'KIE: We can't, because what we do with the sheriff is we allocate an amount of money and he decides how to spend it and this year -- COMMISSIONER BERRY: Which is fine. CHAIRWOMAN MAC'KIE: ~- that's how he decided to spend it, to save the officers who he was afraid were about to leave. He had that Page 151 September 14, 1999 money that otherwise would have been surplus because it was going into some retirement program. Instead of spending it there, he spent it on the deputies. That's a good thing. COMMISSIONER BERRY: And how does that affect our budget process? MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes, I promised you were next. MR. FERNANDEZ: One of the concerns we have is the effect this has on the budget that we are considering now to adopt the evening of the 22nd. That budget is based upon, among other things, our projection of revenues and our projection of carryover, and our projection of carryover did not anticipate this expense from reserve. So consequently, we have a spreadsheet that Mr. Smykowski has handed to you that indicates the difference between the amount we anticipated having available and this amount, which essentially means you'll have to cut the budget you're considering on the 22nd by -- by a figure that's six hundred and something thousand, I believe. CHAIRWOMAN MAC'KIE: Didn't we just find a million seven in the dog pound? COMMISSIONER CONSTANTINE: Which we also committed to -- realizing next year we've got some tight things and we were trying to set that aside specifically to -- CHAIRWOMAN MAC'KIE: That's true. COMMISSIONER CONSTANTINE: -- avoid a tax increase in the coming year. SHERIFF HUNTER: I need to clarify the record, please, and I forgot to state for the record, I'm Sheriff Don Hunter. CHAIRWOMAN MAC'KIE: I'm sorry, I forgot to ask you. SHERIFF HUNTER: If I may take you back to June -- let me clarify two different issues. One, I hope the board recognizes that as an agency administrator and as an agency manager and CEO, that I must have some flexibility as has been recognized by law to move monies around within a budget which is merely a projection of costs as best we can determine it when I submit the budget to you in May the previous year before I even begin to spend the money, and that certainly things change during the course of a year that I cannot anticipate. One of those things that has changed this last year was that the Florida Department of Law Enforcement, for instance, opened up 120 positions at a much higher rate of pay, at entry at $36,000 compared to $28,000, and it's very attractive to individuals who are working in my agency to go next door, literally, Fort Myers, to hire on at $36,000 instead of at $28,000, and I am told, as I told you before, that I have rumored that we have a number of members, as you might expect, interested in bettering their position. I would as well. That's a nice career move and it's also -- it looks good on a resume. That's one issue, and I, as an agency manager, I made the decision on finding the extra dollars in the budget due to the retirement contribution reduction that this would be a wise move for me as a CEO to try and retain very expensive, qualified, experienced members of this agency, within the agency, rather than let them go next door and then try to rehire, and Dr. Carter has already made you aware of what some of those expenses are associated with trying to attract, screen, train and have those people ready to go to work on Page 152 September 14, 1999 the road. That's a very significant expense to us and I think we've avoided that by implementing your policy three months early. The second part of this, which Mr. Fernandez alludes to, shouldn't even be an issue. The carry forward should not have been budgeted as it has been budgeted, I guess at Mr. Fernandez's recommendation to staff. We informed the board on June 16th that there was an expected expenditure from contingency this year of approximately 1.2 to 1.3 million dollars. I'll produce the transcript. We -- we believed that at that time. We are now before you for $800,000. That's well below the 1.2, but we're not finished the year yet. As you know, as we come up to September 30th, with the bills coming in and our overtime expenses accruing based upon our vacancy factor, we're not 100 percent able to give you an estimate at exactly what it will be, but we know that we informed the board, because we do have the transcript and the exchange of information that happened on June the 16th, where the board was notified of this expense, and Mr. Fernandez was sitting here. We would not have recommended to Mr. Fernandez that he not take that into consideration on trying to prepare next year's budget. In other words, if you expect all of that money to come back to you from the contingency reserve and we don't use that -- if we use that money to offset taxation, then we've got a problem because we had already informed you that we probably would have some additional expense, so I -- that's the way the record reads. That's exactly what happened, and I'm sorry for what has occurred. I regret what has occurred, if that's the impact on the board, but it certainly wasn't our intent to cause that. In fact, we did inform the board. MR. FERNANDEZ: Madam Chairwoman? I'd like Mr. Smykowski to address that issue, please. CHAIRWOMAN MAC'KIE: Sure. MR. SMYKOWSKI: For the record, Michael Smykowski, Budget Director. I provided you with a simple worksheet that reflects the sheriff's adopted FY/'99 budget, the forecast for FY~'99, and then the requested pending budget for fiscal year 2000. You will note at the bottom, I have summarized the total forecast expenses projected for the sheriff this year are 58,984,200 versus forecast revenues of 58,821,900, a projected shortfall or variance between revenues and expenses of $162,300. CHAIRWOMAN MAC'KIE: But the question is, is when he came in in June and said, we know we're going to need at least a million two, or head up, we think we're going to need about a million two, how did we ignore that? MR. SMYKOWSKI: We have not ignored it. What he's referring to, his adopted budget on the appropriations side is 57,809,500, which is the second column in adopted total appropriations. The total forecast, as you see, is 58,984,200, a difference of 1,174,700, and I believe that's, in rough terms, the 1.2 that is being referred to. However, on the revenue side of the budget, what they failed to take into account is 800,000 of that million two shortfall that they're talking about is the revenue from the City of Marco Island for the road patrols. So we have factored in that additional 800,000 on the revenue side. You see the adopted transfer from the MSTD general Page 153 September 14, 1999 111 at 6,091,300. The forecast is 6,891,300, reflecting the receipt of that $800,000 from Marco. CHAIRWOMAN MAC'KIE: Is that what we're really talking about again? MR. SMYKOWSKI: Yes. The difference in their forecast revenues and expenses, based on the numbers from their budget book is 162,300. Now, suddenly, at this late juncture, it is 848,900 from reserves. MR. LEWIS: If I may clarify, the transcript of the June 16th meeting which was on the reserves, the settlement agreement for the reserves, Commissioner Constantine specifically asked -- and this whole issue of reserves and next year was all discussed in -- in that meeting. Commissioner Constantine specifically asked the finance director, Miss Kinzel, how -- if she had a ballpark figure of what we might use. She had said, I can assure you we're probably not going to use the entire 2.9 million in the next four months. I think it's an issue of process and accessibility for the end of the year. Commissioner Constantine stated, do you have any ballpark figure of what? Miss Kinzel said, we have projected in the budget document we'll probably use -- come in about one -- about a million two if salaries held true at that point on May 1. So she indicated at that point that the requirement for reserves would be about a million two against the 2.9 million. CHAIRWOMAi~ MAC'KIE: And I follow that. COMMISSIONER CONSTANTINE: Does it go on any from there? MR. LEWIS: Yes, sir, it does. COMMISSIONER CONSTANTINE: Can you just hand that to me? You don't have to subject everybody to that. CHAIRWOMAN MAC'KIE: We follow that, but Mr. Smykowski says that, nevertheless, that 1.2 is accounted for if -- can you go back over there while he's reading that? Mr. Smykowski says that that million two is accounted for if you also are budgeting an $800,000 income from Marco Island. Am I getting that right? Is that what you're saying, Mike? MR. SMYKOWSKI: Yes. CHAIRWOMAN MAC'KIE: He says that you're 800 short because you're not projecting revenues from Marco Island of 800,000? SHERIFF HUNTER: May I? CHAIRWOMAN MAC'KIE: I hope. SHERIFF HUNTER: This is Sheriff Hunter again, for the record. Mr. Smykowski knows very well that that was a settled, done deal in February of 1999. When we had the discussion June 16th, we were -- we had moved well beyond Marco Island as an issue for this fiscal year. However Mr. Smykowski accounted for that money that came into the Board of County Commissioners from Marco Island, we were not party to. We were merely making you aware of the additional, and we said additional, from contingency reserve of an estimated 1.2 million dollars that would be necessary to get us through the remainder of the year. CHAIRWOMAN MAC'KIE: That is what they said, Mike. COMMISSIONER CONSTANTINE: Just for clarification, it goes on, and there were three or four comments in between, but Mr. Fernandez says, may I interrupt? The question was, does it appear in our budget document? I said, no, it does not appear, and that number, 2.9 million, does not appear, and so I think there was a legitimate Page 154 September 14, 1999 question at that time, and Crystal made the point on the record. I think the administrator raised the question, unfairly so at the time as well, as to whether or not that was an appropriate number, so -- CHAIRWOMAN MAC'KIE: So -- COMMISSIONER CONSTANTINE: -- I think that's where the confusion is. I think you all are exactly right on what you said, but I think Bob raised the question at the time and, you know, so I understand why he's disagreeing with him because he did that day as well. Maybe you need to look in here, but -- CHAIRWOMAN MAC'KIE: Because I don't understand it. COMMISSIONER CONSTANTINE: Sheriff, a question specifically on the requested items. The -- you and I spoke about all these items yesterday, but radio shoulder microphones are trying to help deal with SHERIFF HUNTER: Reception. COMMISSIONER CONSTANTINE: -- actual reception on the radios? I know John Daly (phonetic) is working on something for us right now coming back with a report, I think we said in the next couple of months. Is there any way we can defer that item until we get a report back? If we went ahead with the other items and -- SHERIFF HUNTER: Well, the only difficulty in deferring, this becomes an officer safety issue. If I'm informed of an officer safety issue and I fail to take appropriate action on a known remedy, then the agency -- not only would I be liable legally, but morally I would be liable, and I wish not to defer that in order to get the appropriate coverage for the radios. COMMISSIONER CONSTANTINE: I understand. Obviously, we don't want to put them in any danger. We have that enough as is, but I just thought it may bolster the argument if we have that report back from Daly because there have been some incidents where we've had that. SHERIFF HUNTER: Yes, sir. We have already been informed of what the report will say and we were in direct and continuous contact with the consultants as they prepared their review and the testing of the system and they made us aware of this fix. That's how we know of it. All that we're waiting for now is the written document, but the courts do not recognize a distinction, I believe, between written notice and verbal notice. If I receive notice that this is a remedy and it will solve your concerns for officer safety, then we should implement that, and I believe that Mr. Daly would support that as well. COMMISSIONER CONSTANTINE: I take that as a, no, you're not comfortable holding that -- SHERIFF HUNTER: I would be uncomfortable waiting. CHAIRWOMAN MAC'KIE: Other questions for the sheriff? I'm gonna get back to the point that I think we've already agreed, this should have been on consent agenda anyway, but for our rights to discuss it with him, and I -- but I don't think we have the authority -- COMMISSIONER CONSTANTINE: I don't think a close to a million dollar expenditure out of contingency reserves should be on -- obviously by the discussion today, it shouldn't be on the consent agenda. We have questions and that's legitimate. The sheriff's here to answer them. SHERIFF HUNTER: Well, I'm here and I'm happy to answer the questions, and I will tell the board that, once again, we're grateful Page 155 II,aM 'p~aq~ ~q67~ oD :~IM,Ok~ Nk~OMHI~HD · saId~N qq~oN uT aATI I '~aquToa ~D~£ sT 'u~mi~qD m~p~ 'uoou~a~P pood :H~NIOd 'H~ · Ai~sTnb '~a~u~oa '~ 'a~aq~ ~no A~s~u ~ou s~ooI ~ pu~ asoIo os a~,am ~nq 5uFo5 a~,am 'Alsno~Aqo :ZIH,Dk~4 ~OMHI~HD 666T 'PI xaq%ua~daS ~sq ~x ~,uop XU~ ~nq '~! ~w~q uwm ~x 'II~M :SI~,D~ NRf~OM~I~HD · X~m3lu~ m~! ~q~ ~q II,~M :~NIINRfISNOD ~NOISSI~OD gX~po~ ~ds o~ p~syB~ noshed ~q~ si :ZI~,Dtf~ NRf~OM~I~HD -~od~ ~s aq~ o~ pagm~ s! qo!g~ 'uoI~!soddo ~o ~a~aI alBUIS P 6~pu~Bw J~wmmns ~q~ uo ~ou s!U~ s! Jqx pu~ :~I~,D~ ~OM~I~D u~xqWqD -sx~uo!ssymmoo 'uoouxa~w pood :~IHDZ~ '~N 5u~q~Xu~ ~o UO~D~IIOD~I OU ~A~U I :~NII~ISNOD ~NOISSI~OD 'ON :X~E~8 ~NOISSINNOD 'auou aAPq I :SIMEON ~NOISSINNOD &Juw aA~q auoJu~ saoG -a~!xdoxdd~ aq plno~ ~nsoiDs!p ~nq 'axnsoIosyp ou aA~q I :SIN,D~ ~OMEI~HD puP~s ~sP~Id m~! syq~ uo P~U ~q o~ 6u!qsy~ suos~d IIP IIYM ~ 6uy~uasaxda~ ~AOOH 'I~ s~ qD~q~ '(I)(S)EI mg~ q~ ~I~S II,a~ H~fiOS ~E~ ~0 a~DO~ ~DIE~SIa 7~EOI~ISN~E~ 7~IDE~OD 7~EOISS~&OE4 666I '~I ~ac[ma~das 6SI a~ PI~nq o2 6uTo5 a~ axe 2eq~ 'xaAOOH '~ :SI~ON ~NOISSINNOD 'a~aq2 u~op 6uTAT~p a~,noX se pu~ 'peo~ sTq2 uo sasnoq uaAas 2noqe s,a~aq2 MuTq2 I 'peos sTq2 u~op BUTATSp as~ aldoad sP'sT saop uaa~os ag2 2e 5u~ooI se~ I 6u~Mu~q2 se~ I 'Xe~O :HSAOOH · ease sTqi :NlfIHDZN~fGtf~ '~N · ps~Aainos S~AeG mox3 Xe~e apes aqi :~AOOH -- aq pIno~ 2~ 'oN :X~S H~NOISSINNOD · noX 3o q~oq 3o msq2 ~se II,aM 'oo2 suoT2s~nb aU2 so[em e 2ou s,2I 'a27s as~e sang2 ~ s,2I :NIfIHDZ~G%f~ Su~uoz I~UO~su~ ~ s~ qo~g~ 'I/I-O pauoz ag o~ Su~oS s~ s~ql sdo~s auo s~ql '~oa~a ou~mop ~ aA~q ~uuo6 ~ou s,~ pu~ I~uap~sa~ ~uao~[p~ a~ qo~q~ sp~o~ ~o~oaiioo ~o I~a~ SuoI~ pa~ooI sIao~d · ~ua~s~suoo si :~I~,O~ ~OM~I~HD -- amnss~ I '~uamaia ash PUli a~n~n~ &~uamaIa ash Puli a~n~n~ :SNII~ISNOD ~NOISSI~OD · ~s~d ag~ u~ u~aouoo am pasn~o uo ash s~q~ o~ o~Toads Xii~a~ ~ou s~uammoo I~aua5 a~a~ Xaql 'sanI~A 6pau~Idmoo oq~ uos~ad aU~ Xq uoT~oa[qo 666I 'fi saqlua2daS 09I a6~d · X~!nnmmom aq~ o~ axI~m~z~ s! ~wU~ s!s~q ~ uo u7 s!q~ Bu!zq o~ noX puw spz~pu~s i~zn~ma~!qmz~ zno ~ ~oo~ 'IIam XII~Zn~ma~!~mz~ ~! op o~ noX aB~znomua ~sn[ PIno~ I :E~I~D ~SNOISSI~OD 6suo!~sanb z@q~O :~I~,D~fl~ Nlf~OM~I~HD · am o~ asuas a~m ~,~saop ~q~ '~auu~Id w s~ '~oN 'pooq~oqgB!au aq~ uIn~ o~ Bu!oB s! 'p~o~ ~o ap!s ~aq~o aq~ no sy q~yg~ 'm!q o~ ~xau u~ Bu!~nd a~,a~ ~q~ I-O ag~ ~g~ Bu!A~s s,aU ~ou pu~ 'sasn aAIsua~u! AI~I~ amos pu~ suo!~s s~5 s~oII~ gO~q~ '£-O O~ ~XaU ~q57I puli aq~ ~qBnoq aU ~nq aq~ ~noq~ 5uyuy~IdmOO S,aH '866I u! ~O~q 'Ia~aI s~q~ o~ 'J~xado~d ~wg~ ~qBnoq aU 'pas u! pauyI~no ~ax~ aq~ -- pax aq~ ~I~a s~s~I~Uamuox!Aua P~q aA~q aM 'm~,~m 'aaa :E~AOOH 6axaq~ uo wmnaI~Iam aq~ ~o pix ~aB o~ 5uyo5 ax,noJ pu~ :XH~ ~NOISSINNOD 'I-D xapun 'sas~ aA!sua~o ~o ~oI aIOq~ w s,axaU~ a~7I maas ~,usaop I-D ~o UOy~DaIIODa~ Jm -- am o~ maas ~,usaop ~sn[ ~I :~NIINlfISNOD ~NOISSI~OD 6I-D u! P~XOII~ ~sn ~A!su~o ~o ~su~u! ~som 'uo!u!do ~noJ uy 'sU~ ~q plno~ ~qM :SNII~ISNOD ~NOISSI~OD ax uaqa ~noq~ i!~d~ u~ ~o~q am pIo~ u~m ~q~ ~q~ o~ 6uIplooo~ ~uam~I~d~ u~ ~o~ u~ 6U~mOO S,~qi 'OS ~O O6~ S~aJ aalq~ ~q~ ~ ~ooI noJ ~I 'qm~[o~d qu~m~de u~ s,qI :~AOOH '~ -- ~noJ J~iado~d s~q~ ~o ~pTs~o~q ag~ uo s,~qM :AHHSS HSNOISSI~OD 6suoy~s~nb Ju~ :~IH,D~ ~OMHI~D · ~d ~my~o u~q~nqns ~ ~!I ~om s,~I '6u!U~mos ~o 5u!pI!nq ~D!~o ~Dolq 5!q J~o~s-om~ ~ ~!I PIYnq o~ 5u~Ji~ ~ou ~,~m -- ~ou s,~7 os '~D~[oxd ~q~ · J~!~oq~n~ s~ods ~q~ pu!u~q u! p~on~ 'q~X :AHEMS H~NOISSI~OD 6ap!s pu~q-~g6~I aU~ uo aBp~H auld ~o g~mou · sSuTPI~nq x~s asaq~ ~o auo o~ ~I~m~s gooI Plnom ~ -- auo s~ a~I ~ooI plnom asaq~ ~qm pa~7~qns am pu~ :H~AOOH 'H~ -- ~qm ~o sa~n~oTd amos am uaA~6 aA,Aaql :~IHDI~ · s6uTPI~nq ao~o A~o~s auo -- aM 'A~O :H~AOOH 666I '~I xaqma~daS ~ ~DIA~S ~004 aO ~D~~OD ~H~ ~ S~O0~ D~I~I~S · Aisnom!u~un s~ss~d ~qi · puooas puw uo!~ox 'puooas gpuooas -- aAom I · aAoxddw o~ uo!~oN :~IX,O~r~ N~r~OM~I~HD ('~suods~x o~) 6p~soddo · aXw X~s asPaId 'xoAP~ :~I~,D¥~ NTf~OM~I~HD :~i~O ~NOISSI~OD :~I~,D~r~ 5Yuq4OM~I~HD :~i~D ~NOISSI~OD :SI~ON ~NOISSI~OD 6suo!~sanb ~aq~o Xu~ 'o~ a~!I P,I :~IX,O~q~ N%UNOM~I~HD · 6u!x~ag oyIqnd aq~ aSOID :SIEEON ~NOISSINNOD · axn3wu uT oT~aq~saw ~ooI o~ BuToB sT doI~p PIUO~ ~ x~A~U~ ~ X~Tuummoo ~U~ pu~ sx~uoTssTmmOO ag~ o~ BuTa~uwx~nB s~ axaq BuTop ax,a~ ~g~ os ~q PIno~ ~wU~ Bu~q~mos s,~ 'p~mqns ~A,~ BuTu~Xx~As ~ ~ooI 666I 'fi xaqu/a~daS ~ ~o ~u~m~d 00I ~sq~qx spym~p s~oA sq~ ~I pu~ qm~ u! mnpus~ -- Xunsd ~uo ~q~ spu~xs XIy~w~odm~i :Z~N%fN~S~ '~ -- X~u~ :X~ ~NOISSI~OD -- qnoq~ 5UT~IW~ ~x -- ~x,~ 'p~oq pooB 'II~M -- o~ Bu~oB :~I~Ok~ N%fNOM~I~HD :X~ ~NOISSI~OD :~I~,Dkq~ Nk~OM~I~HD - 09-~6 HDH~fHI~HO X~ ~HHH40~HAH~ ~SIHRO~ HH~ DHI(IH~H~f 99-66 ~DH~fHIaHO 666I 'fi xac~ua~daS 6noX ~noqe ~eq~ 'sToloN ~aUOTSSTmmoD -- qnq 'aUTm aAeq I ':OTUTdO AnoX Xq~ s,~eq~ os pue se~ ~2aq~ MuTq~ q,upTP I :MIM,D%U.4 N%f~0MMI~HD · ~,us7 amaqq 'oN :MNIiN~fiSNOD MMNOISSI~OD 6~OA ~q~ 5uTpu~d x~ ~q~ ~o -- ~q~ ~o uoTsu~dxa m~-~oqs noX ~6 pInoD ~UQ X~S PInOD ~ ~qQ Bu~u~Xu~ s,a~q~ ~T 'auT~u~sU°D /~uoTssTmmoD 'Aapuo~ 3sn[ I pue '~aAaAo~ ~Spnq u~o ATaqq op ueD qDTq~ z~TE aq3 o3 pasoddo se uoT3euTqsap X~unoD ~aTiioD e se p~omo~d ~q XIUO u~D 3eqq -- doIaAap oQ 5uTXAQ ssauTsnq iiems aq~ QAnU o~ 6uTo5 s,~eqQ pu~ :ZIA,D~ N%f~OM~I~HD e s,~q~ os '~u~D~d 80'6 ~noqe o~ '~u~D~d 0I ueq~ ss~I o~ ~u~D~d ~Ieq e pue uaa~T~ ~noq~ moA~ uoT~omo~d 5uTsT~Ape lo~ ~unome 5U~S~alDUT ~g~ pu~ ~u~mqsT~noua~ qo~aq O~ UOT~OmOld pu~ 5uTsT~aAp~ uoT~epuammoD~ snomlueun e se~ auo ~eq~ qns :HIX,D~ ~OMEI~HD · noX Zueqi :HNII~iSNOD HHNOISSI~OD g~d~ ~un~s aq~ pun~ ~ papu~mmOD~A Xaq~ ~eq~ 5ul~aam ames aq~ ~e ~eq~ SeM :HNIi~iSNOD ~HNOISSI~OD e ~noq~T~ BuTnuT~uoo 'mnpua~a~aA ou papuammooa~ osIe Xaq~ uo '~A~TIaq I 'uoTqePUammooaA e Peq osIe ITDunoD qu~mdoIsAa~ ~sl~noi ag& '~q~ op o~ aIq~ aq o~ ~aSpnq ~uaoap a~om ~ aAIB o~ paau a~ uaq~ 'sXn~ air.II aq~ 'aou~ noX 'apls~no ao~idamos ~o X~ID ~o~ Xauom s7g~ paau ~,usaop z~lH aqI -saAiasmag~ ~o a~o u~o sXn~ 5lq aq~ 'pau~aOUOO m,I s~ ~ s~ :HIX,D~ ~0MHI~HD 'Ilaa x~ aq~ ~ul~oalIOO a~ Xaq~ -- ~ asn~oaq -- Xauom Xm ~o~ :HIX,D~ ~0MHI~HD 's~Ilop ul ~,up~q I 'XI~u~ pu~ 'Bu~s~aAp~ aq~ uo aB~uao~ad ~g~ · ssauTsnq ~a6~I ag~ ~o sas~o ~som u~ sa~ado~d Ia~Og abaci ~ua~a~p ag~ ~noq~ 6u~gI~ s~au~o ssau~snq ~alI~ms aq~ ~o amos mo~ 'IIa~ s~ maq~ paA~aoa~ aA~g noX ~o ~som a~ns m,I pu~ ~o ~a~n~ ~ paA~aoa~ aA~g I '~aAa~OH :X~S ~NOISSI~0D '~uampuam~ aq~ pa~da~d a~ ~og s~ ~q~ '0[/0L o~ 0f/09 mo~ :DIT~HI~ '~ 0L pu~ ~uamgs~noua~ ass~dm~ go.ag p~o~ o5 PInO~ ~uao~ad p~g~ 666I 'fi ~aqlua~daS Au~f S9I ~6 ~HIHH~ - NOISIAI~ ~H~SH H~D HH~OD HI HOISIAI~S ~H~XHHIA HI ~H~DO~ '~H~AH~RO~ DIHI~D (L~f~AH~D O~ ~H~AH~O~ ~6~H HOH~ HDN~HD HH~fH ~HHH~S ~ DHI~S~H 'GH~r~O6HODHI '~IHO~& &O 4~OHD A HH~ DHI~HHSHH~HH 'H~HN/1H '~ AHH&&H£ '~0-66-HHS HOI~I~H~ '~X~ :~NIIN%fISNOD H~NOISSINNOD 6p~soddo :~IH,Dk~4 Nk~OMHI~HD '~A~ :SIHHON H~NOISSINNOD · ~A~ :~IH,Dk~4 Nk~4OMHI~HD · ~A~ :XHH~S H~NOISSINNOD '~A~ :H~IH~D H~NOISSINNOD '~A~ A~s ~sP~Id '~oAP~ u7 II~ &uo!ssnos!G 'puoo~s · ~Aoxdde o~ uo!~oN · 5uTxw~q oTlqnd ~q~ ssoIo II,~m :~I~,Dk~4 N%f]6OMHI~HD :H~IH~D H~NOISSI~OD :SIHHON H~NOISSI~OD :SIH~Dk~4 Nk~OMHI~HD · o~ :Z~GN%fNH~ 'H~ 6s~a~ads p~a~sTBa~ :~IH,Dk~4 Nkq4OMHI%fHD 6q~im x~Ao ~oA ~uo o~ xnog sq~ ~B pup BuixPsq o7Iqnd ~q~ ~SOlO ~ U~D :MNIINtfISNOD HMMOISSI~MOD · ~uoM :ZM~N-~NHMM '~ ~ap~suos o~ 6u~aq o~Iqnd 'noX ~u~ql :~I~,D~4 N%f~OM~I~HD X~IN/1HHOD H~fiOS ~HHH~IG~H MH~ DHIHSI~SH 'L9-66 HDN~HIGHO · s~auoTssTmmoD 'noA ~uPgi :DIq~HIN 'HN · auo oq xuo~ sassed :~IH,Ok~ Nk~OMHIk~HD '~A~ :SIHHON H~NOISSINNOD 666I '~I ~ac[u/a~daS 99I ~6~6 · s~q~ p~soddo noA AUm sn II~i '~ ~o~ :~IH,Dkqq N%F~OMHI~HD u~ A~x~I~m~s ~q~ u~wldx~ plnom ~q£ :~NIIN%fISNOD ~NOISSI~OD 's~Id~N u~ ~A~I I pu~ IsqoSU~H px~uo~q m,I :~HDSNZH 'HN mox~ x~q s,~I os ~u~7~d Ax~A u~q ~A,A~UZ :~IN,Dkq~ N%fI4OMHI~HD g~sw~Id 'D~u~ID pu~I~A~ID o~ ~Ido~d u~A~ ~mnss~ pInom I 'ss~u~snq ~q~ ~o ~xn~u sq~ ~o ssn~o~q Iw~dsoH ~q~ uo ~nq 's~x~s IwooI uo AIUO ~ou '~A~q AII~n~o~ sm 'I~TdSOH A~unmmoD s~Id~N xo~ -- op ~M :~NIZ~ZSNOD H~NOISSINNOD · ~ ~5 ~,us~op II~S ~Su~qo ~m~u ~ ~uS :AHH~ H~NOISSINNOD -~xn~n~ o~uTID Pu~I~A~ID noA sII~ · ~q~ di~q o~ Bubo6 ~,us~ ~6u~qD ~mwu ~ :XHHS~ H~NOISSINNOD · m~iqoxd ~s~B57q ~q~ s,~Ui 'D~uTID Pu~I~A~ID ~q~ o~ p~o~ mo~ 5U~mOD D~Iqnd oq~ ~o 6~uunN '~ 'q6noqQ m~q~ dI~q ~qQ s~op mOH :SIHHON H~NOISSI~OD ~o~ -- ~Iqw ~q o~ 'j~!~u~py io~ s · uos~a~ aq~ s,~q~ pup a~aq~ 6u~o5 s,I~!dsoq -- ~sodxnd Io~ p~A~Inos DTu~ID Pu~I~A~ID s~ ~aa~s ~q~ ash o~ a~I pInom am '~I~nq s~ I~Tdsoq aq~ UagM · px~Aaino~ o~u~iD pu~iaAaID o~ aSu~qo noA 5u~sanba~ noA a~o~aq 'UO~Dn/~sUOD ~apun AI~Ua~xno s7 qO~q~ 'I~dsoq aql 'ssa~pp~ p~oH aSp~H aura ~ s~q ~I 'p~oH aSp~H aSu~qo pInoqs a~ Xq~ sn IIa~ noX ~,uop XUM :~I~,D~ ~OM~I~HD · sa~oua~s~suoou~ amos ~ ~aAo o6 'U~aDUOD amos pashas s~g ~a~aI s~g~ ~ -- Plno~ I ~ng '~ 666I '~I ~aqma~daS 666I '5I xaqlua~daS 89I ~5~d - H~HOE ~I~rH~ IH~I~ gf0ZI ~ ~DO~ X~40~4 ~ ~Ol ~& 00I O~ EDIS ~04 ~ HO& ~D~NO~& ~fO~ ~00~ 0fi ~IO~ ~H~ ~0~ ~DR~fIR~A ~OO& 0f ~ DHI~SH~HH 'DHI 'S~HDR~ S~O~ ~0 N/~OH~ '~ ~&IR~ '£0-66-AS HOI~I~6 666I '5I xaqu~a~daS September 14, 1999 asking only for a ten foot high pole sign, that's it, with my name so that the customer can find me and will not drive by. Thank you. CHAIRWOMAN MAC'KIE: Thank you, ma'am. Speakers? MR. FERNANDEZ: First speaker is Peter Stoss and then Gertrude Schlieker. CHAIRWOMAN MAC'KIE: Yes, ma'am, if you'd go ahead and come forward so you'll be ready. Yes, sir. For the record, your name? MR. STOSS: Madam, gentlemen, my name is Peter Stoss. In 1996, the county approved the structure with the required setbacks to the business, but was forced to go so far back. The building is impossible to see from the U.S. 41 unless you have already passed it. To build the structure as a two floor building was not permitted. Even know that a new Doubletree Suite Hotel and Resort next to Fabulous Faucets is approved to have three floors and the visible sign included. Now, Fabulous Faucets is hidden by the store Unlimited Bed and Sofa on the south and the hotel to the north. Why did the county zone this lot C4 knowing about all the restrictions and regulations? It is impossible to be visible without the -- without a pole sign. Knowing it will not approve a two floor building next to the south side of the former Castro Convertible, knowing the Tamiami Trail will be enlarged, which doesn't make it easier to find the building without a visible pole sign if you come from Fort Myers, driving to Naples, unless you pass the building. Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: The next speaker is Gertrude Schlieker and then Phillip Passavant. MS. SCHLIEKER: Ladies and gentleman, my name is Gertrude Schlieker. I speak also in the name of my husband. Be indulgent, English is not my native language. CHAIRWOMAN MAC'KIE: Your accent is very pretty. MS. SCHLIEKER: The business will be successful on one side operate when the consumer is able to find the store through its visible sign safely. The previous hearing held on August 19th has shown how dangerous it is to find Fabulous Faucets without the visible sign. Fabulous Faucets fulfilled all requirements in regards to the building and surrounding area. Our impression is, no business building is too small to have a visible sign. The Fabulous Faucets lot was zoned C4 commercial for a business and approved by the planning and building permit department. Madam -- ladies, gentlemen, business is business, large or small. A visible sign is a necessity. Please consider this petition. We believe you will find a satisfactory solution in this matter for all involved parties. Thank you. CHAIRWOMAN MAC'KIE: Thank you, ma'am. MR. FERNANDEZ: Final speaker is Phillip Passavant. CHAIRWOMAN MAC'KIE: Did you want -- did your husband wish to speak too or have you spoken on his behalf? MS. BROWN: She has spoken on his behalf. Thank you. CHAIRWOMAN MAC'KIE: Thank you so much. So we'll close the public hearing. COMMISSIONER NORRIS: This is an issue that we've seen several times before. I can think of two instances out here on the East Trail Page 170 September 14, 1999 where precisely this issue came before us. I can understand the need for the pole sign, but we've staked out a position in the past not to do this and I think we should continue with the -- the course that we're on. I'll make a motion to deny. COMMISSIONER CARTER: Second. COMMISSIONER CONSTANTINE: I understand the concern, but none of the laws have changed since you went in there, and you said the building went up in '96 and the setbacks -- you had some setback requirements and so, but all those were in place and obviously the pole sign wasn't allowed at that time either, so you did have ample opportunity to review that prior to going into that location. So I understand the concern, but if we accept the rationale that it makes it easier or safer for traffic, that could apply literally to every building and we would end up with pole signs all up an down East Trail, North Trail and all over the county, and it's something we have opted not to do, and as Commissioner Norris said, we have had virtually identical requests in the past and not approved those. COMMISSIONER CARTER: And we are working very hard in the streetscape committee and reports and sign ordinances are going to be changed and this would run very much contrary against what we're proposing to do which is coming forward to this commission by December, so I can empathize with your situation, but it does not fit into the character of the community to put up pole signs. CHAIRWOMAN MAC'KIE: That's a motion and a second. Further discussion? If not, all if favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: The motion passes unanimously. Item #14A UPDATE ON HURRICANE FLOYD BY GARY ARNOLD The last item on the agenda is staff communication. Looks like we might have some with regard to the hurricane. MR. FERNANDEZ: Yes, Madam Chairwoman, I'd like Mr. Arnold to speak to us about the latest update on the hurricane. CHAIRWOMAN MAC'KIE: If you'd come to this one, you could put the picture on the -- thanks, Gary. MR. FERNANDEZ: This will be a very brief presentation, but it's good news. CHAIRWOMAN MAC'KIE: Oh, good. We could use some. MR. ARNOLD: For the record, I'm Gary Arnold, Emergency Management Coordinator. When we all talked about 24 hours ago, we had some serious concerns. This is the five o'clock advisory plotted with the windfields. The red area is the area of hurricane force winds. The yellow is winds of 50 knots or 58 miles per hour to 74, and the blue is tropical storm force winds. CHAIRWOMAN MAC'KIE: We're not even gonna get those. MR. ARNOLD: At this point in this advisory, we will not see tropical storm force winds in Collier County. The area of concern still remains Central Florida, up around Indian River and Brevard Counties, and it looks like landfall probably up around Charleston. Page 171 September 14, 1999 The approach will be a little different to South Carolina, but it's basically Hugo all over again, but at the moment, things are looking very good for us. We will watch the eleven o'clock advisory tonight just to make sure it all verifies. Current situation, we have about 200 people from the east coast up at Barron Collier High School. We'll be coordinating with Dade, Broward. Palm Beach residents probably won't be able to go back right away, but we'll talk with Dade and Broward tonight to see if they're ready to have people return. The plan is to try and get them fed and on their way back home in the morning before school starts and it looks like we will go ahead with school tomorrow as scheduled. So things are looking 100 percent brighter right now. CHAIRWOMAN MAC'KIE: Sorry, kids, school tomorrow. COMMISSIONER CARTER: From what I understand, there's another one that's out there behind this one? MR. ARNOLD: There is. Here's the -- this is the whole plot of Floyd, but I can use it to show you. Gert is coming along and it looks like it's falling right into the same path that Floyd took, but the Hurricane Center says we have some weakness developing out here, some low pressure and the forecast track does show Gert beginning to turn to become a fish storm out in the Atlantic. It is now our fourth major hurricane of the season. Professor Gray said that's what we'd get, so we're telling the Hurricane Center, no more majors. I hope they'll listen to us. We will watch Gert. At the earliest, it could be a threat in about a week. CHAIRWOMAN MAC'KIE: Questions? Thank you so much, Mr. Arnold. Any other staff communication? Item #14B COUNTY ADMINISTRATOR FERNANDEZ ADVISED THAT HE WILL NOT BE PRESENT AT THE BOARD MEETING ON SEPTEMBER 28, 1999 MR. FERNANDEZ: Yes, Madam Chairwoman, unfortunately, I do have one thing I'd like to say and that is that my staff reminded me that I will not be in town for the next board meeting, so my commitment to come back to you with the evaluation criteria, I'm not going to be able to honor, unless you want to do it in my absence. So I'd like your indulgence to put it on for the following agenda. COMMISSIONER CONSTANTINE: I was under the impression we were going to talk individually with you about that in the meantime. MR. FERNANDEZ: We'll be able to do that, but I just won't be here for the board discussion. CHAIRWOMAN MAC'KIE: We'll put it on at the next available agenda. Any other staff communication? Board communication? Commissioner Berry? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Nothing. Commissioner Norris? No more. Commissioner Carter? No. Commissioner Constantine, no? Page 172 September 14, 1999 COMMISSIONER CONSTANTINE: No items. CHAIRWOMAN MAC'KIE: We're adjourned. ***** Commissioner Norris moved, seconded by Commissioner Berry, and carried unanimously, that the following items under the Consent Agenda with the exception of Item #16A5 which Commissioner Mac'Kie abstained from voting on be approved and/or adopted as follows~ Item #16A1 FINAL PLAT OF "CARSON LAKES,, AND STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND PERFORMANCE SECURITY - IN THE AMOUNT OF $225,774.13 AND STIPULATIONS Page 173 16A1 PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION TO: SueFilaoa, ~atrativ~ Aasitant FROM: John R. Houldsworth, Senior Engineer DATE: July 13, 2000 RE: CarBon Lakes On Sep!oml~a' 14, 1:999 the Board of County Commissioners approved the plat and standard Construction and Maintenance Agreement for Carson Lakes (Item 16~A-1). Attached are the original agreement and Letter of Credit. Upon execution by the Chairman, please forward to the Clerk. Please let me know if you should have any questions. COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MMNTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ! ~ day of~_~,O0~0~ between Habitat for Humanity of Collier County,. Inc. hereinafter referred to ds "Developer," and the Board of County Commissioners of Collier County, Florida, hereinat~er referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Carson Lakes Subdivision Phase I. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinaf[er set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: landscape and irrigation improvements within 6 months from the date of approval of said subdivision plat, improvements here'mailer referred to as the required improvements. said Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $34,767. l0 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the fmae required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notfly the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. C:\WA Files~97 Projects~9727LPorms~9727 C&M Agree for Subdiv/sion Improvemmts.doc Page 1 of 3 05/31/00 Wilkison & Associa~s, Inc. COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS The Developer shall maintain all requir~l improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months a~er the execution of this Agreement and once within every six (6) months thereagter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be biding upon the Developer and the respective successors and assigns of the developer. C:\WA FilesL97 ProjectsL9727~Forms~9727 C&M Agree for Subdivision Improvements.doe Page 2 of 3 05/31/00 Wilkison & Associates,/no. COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this I O.day of ~ SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Printed o[ ~ypod Name .... Printed or'typed Name · ~ ATT<EST .f ,'~ :.':~ -iTD' .~>G~ £. BROCK, CLERK ...-' '." Printed or Typed Name (Dr. Samuel Durso) Title (President) BOARD OF COUN~_ff~I~M~SSIONERS OF COLIER CO~:, FLORIDAa' C:\WA Filesk97 Projects~9727Worms~9727 C&M Agree for Subdivision Improvements.doc Page 3 of 3 05/31/00 Wilkis~a & Associates, Inc. ' IRREVOCABLE ISSUER: PLACE OF EXPIRY: DATE OF EXPIRY: APPLICANT: BENEFICIARY: STANDBY LETTER OF CREDIT NO. 2000-11 16A1 Florida Community Bank 1400 North 15th Street Immokalee, FL 34142 At Issuer's counters. This Credit shall be valid until July 1, 20,.0 ! and shall thereafter be automatically renewed for successive one year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the issuer elects not to so renew this Credit. Habitat for Humanity of Collier County, Inc. (hereinafter "Applicant") 11550 Tamiami Trail East Naples, Florida 34113 The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUNT: CREDIT AVAILABLE WITH: BY: DOCUMENTS REQUIRED: DRAFTS(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: $50,607.10 (U.S.) up to an aggregate thereof. Issuer. Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Habitat for Humanity of Collier County, Inc. has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Carson Lakes Subdivision-Phase I, or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to, and formally accepted by, the Beneficiary." "Drawn under Florida Community Bank Credit No. 2000-11 dated 7-05-00. The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. 16A1 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein, by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer of presented within the validity of this Credit. This Credit is subject to the Uniform Customs and practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. FLORIDA COMMUNITY BANK if' tL~YMONI~ ~ HOLLAND PRESIDENT, IMMOKALEE September 14, 1999 Item 16A2 FINAL PLAT OF "ADDISON RESERVE" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY - IN THE AMOUNT OF $710,600.00 AND STIPULATIONS Page 174 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS CONS'~RUCTION AND ~IAINTENA_NCE AGREEMENT FOR SUBDIV{SION '~MPROVEMENTS entered into this ~ day of~.19,~_between TRANSEASTERN PROPERTIES, INC.. hereinafter referred to as "Developer" and the Board of County Commissioners of Collier County, Florida. hereinafter referred to as the "Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for tile approval of the Board of a certain plat of a subdivision to be known as: ADDISON RESERVE. Division 3.2 of lhe Collier Courtly U,fified Land Development Code requires the Developer to post appropriate guarantees to be i,~corporated in a bonded agreement for the construction of the required improvemeats. NOW, THEREFORE. in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and th~ Board do hereby covenant and agree as follows: Developer ~ cause to be conmructed: a potable water system. sanitary sewer system, drainage. grading, pa'~i~g and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" :aid be reference made a part hereo0 within 12 months from the date of approval of said subdivi3im plat, and improvements hereinafter referred to as the required improvements. Developer ~ke~ewith tenders its subdivision performance security'. (attached hereto as Exhibit "B" and be refe~m~e made a pan hereof) in the amount of $710.600.00 which represents 10% of the total contra~ cost to complete construction plus 100% of the estimate cost to complete the required imp~,sements at the dale of this Agreement. in the even~ rsff default by the Developer or failure of the Developer to complete such improvements w~thin the time required by the Land Development Code, Collier County, after written notice t~o Developer, ms) call upon the subdivision performance security to insure satisfactory completion of the require[ ia~rovements. The required improvements shall not be considered complete until a state~nent of substantial completion by Develope/"s Engineer along with the final project records have been furnished to be ~eviewed and approved by the Development Services Director for compliance with the Collier Ceunty Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statenrent 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. 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 of 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. 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 amoun't ff the subdivision performance security on the basis of work completed. Each request for a reduc~/~n in the dollar amount of the subdivision security shall be accompanied by a statement of substan~hl completion by the Developer's engineer together with the project records necessary for review ~t~ the Development Services Director. The Development Services Director may grant the request if~r reduction in the amount of the subdivision performance security for the improvements complaint as of the date ofthe request. In the ~nt the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certific~ion of such failure, the County Administrator may call upon the subdivision performance security' ~ secure satisfactory' completion, repair and maintenance of the required improvements. The Bo~6 shall have the right to construct and maintain, or cause to be constructed and maintai~, pursuant to pub]i~ advertisement and receipt of acceptance of bids, the improvements required I~'rein. The Develol~et, as principal under the subdivision performance security, shall be liable to pa), and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, '~tnot limited to, engineering, legal and contingent costs, together with any da~t~ages, either direct ofc~sequentf~L which the Board may sustain on account of the failure ofthe~Developer to fulfill all of the prov~ions of this Agreement. All of the terms, covenants, and conditions herein contained are and shall be binding upon the Developer at~l the r.espective successors and assigns of the developer. IN WI I'NESS WHEREOF, the Board and the Developer haw' ca.~ed this Agreement to be executed by their dub authorized representatives this /? day of //7//~__t,~t,~_~4. , 19 99. TRANSEAS~ER By: [~:on~"President ~,,,t1~2~' .~. Exp,re~ Feb. 26, 2000 BOARI~ ( ~1' ('OUNTY COMMISSIONERS OF COLI.II:R ['()[JNTY, FLORIDA Pamela S. Mac Kie, Chairwom~ Preferred National nsurance Company i, Coral Springs. Florida POWER OF ATTORNEY John K. Latham, President, and Dennis B. Wills, Secretary, in pursuance of authodfy granted by Article Xl, Section 1 & 2 of the By-Laws of said Company, which reads as follows: ARTICLE XI, SECTION I - The Chairman of the Board or President or any Vice President or Selretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ~ ARTICLE Xl, SECTION 2 - The signature of any authorized officer and the Seal of the Company)~ay be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recogniz~Ance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same fome and effect as though mar~aily fixed. Does hereby nominate, constitute and appoint Denis A. Dwyer, Denise Dwyer-Popick and L~wrence T. Dwyer its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of ~the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: One Million Dollars ($1,000,0![t0) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if !l~ey have been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Spdngs, Florida, in their own pmpl~,,~rsons. The sa~d Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section I & 2 of the By-~'"'7~---~'d Company, and is now in force. IN WITNESS WHEREOF, the said President and Secretary,~~'""~bed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 1st day of Augu,~",~ .'~. -:~' · .- _ .. ~ Secre~ ',, ~ ................~ .,.' '~ ~ ~ . k ~ ~,." STATE OF FLORIDA ) CI~ OF CORAL S~INGS ) .,a~ WENI~Y ~ On this 1st day of Aagust, A.D., 1998, bee, re the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified, came the above named President ard Secretary of Prefe~ed National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth an& saith, that they are t~e said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the Corpgate Seal and their signatures as such officere were duly affixed and subscribed to the said instrument by the authority and directJan of the said Corporalion. IN TESTIMONY 9~I'IEREOF, I have h~'eunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above written. CERTIFICATE I, the undersigned, Secretary of Preferred National Insurance Company, da heraby certify that the original Power of Attorney of which the foregoing is a full, true, and correct copy,'.is in full force and e/f, ect on the date ot this ¢ertMrmate; and I do further certify that the President who executed the said Power otAttorn~y was specially azthorized by the Board of Directors to appoint anyAttomey-in. Fact as provided in Article XI, Section 1 & 2 of the By-Laws of the Prefmred National insurance Company. This Certificate may be signed by facsimile under and by ,ut.,.I.l.l.l~'l~,t~)~'~.{~J-~L~fof"~ .~uuon.of the Board of Directors of Preferred National Insurance Co. pan at a meeting du y == ed and held on the 1st day £ ."[.J " B , ,. Resolved,. Article Xl, Section ~, ~that the facsimile or machO. ~,.~?11y re~ll~L~(~ si~nna!~:'-.'t. fany oecretary of the Company, whether mada heretotore or hereafter, ~herevsr appearing upon a certified copy of anyr~ll~r of a'Ifd~l~yl~'ued .?~J?t Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" =- IN TESTIMONY WHEREOF, I have hereunto subscribed ~"~ i~brporateSeal of the said Company, this ......8..~..h. ..............day of .......... ....................... ............ PNI-PA-101 (8/98) Secretary FILE No. 07/29 EXHIBIT "A" ENGINEER'S COST ESTIMATE SUMMARY I. Potable Water II. Sanitary Sewer System Ill. Drainage System IV. Paving, Grading, & Miscellaneous V. Demolition Total (rounded to nearest $1,000) 10% of Total Letter of Credit amount $ 79,791.50 $ 92,224.50 $ 90,652.00 $333,404. l 0 $ 50,000.00 $646,000.00 $ 64,600.00 5710,600.00 9'~08\c&m.,~grc SEP ! !99 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that TRANSEASTERN PROPERTIES, INC. 3300 UNIVERSITY DRIVE CORAL SPRINGS, FL. 33065 (hereinafter referred to as "OWNER") and PREFERRED NATIONAL INSURANCE COMPANY 210 UNIVERSITY DRIVE SUITE 900 CORAL SPRINGS, FL. 33071 (hereinafter referred to as "SURETY") are held firmly bound unto Collier County, Florida (hereinafter referred to as "COUNTY") in the total aggregate sum of SEVEN HUNDRED TEN THOUSAND SIX HUNDRED Dollars ( $ 21.0.,fi0_0A~) in lawful money of the United States, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. OWNER and SURETY are used for a singular or plural, as content requires. THE CONDITIONS OF THIS OBLIGATION is such that whereas, the OWNER has submitted for approval by the Board a certain subdivision plat named ADDISON RESERVE and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the SURETY shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the guaranty period). NOW, THEREFORE, if the OWNER shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the COUNTY, and the OWNER shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the COUNTY from and against all costs and damages which it may suffer by reason of OWNER's failure to do so, and shall reimburse and repay the COUNTY all outlay and expense which the COUNTY may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for Value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the OWNER and SURETY to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition, or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 6th day of~.,ff_~.2~tllF_.,R, 1999. PRINCIPAL _ W~essb ~0 ifad. 6/~Ce~ Xrth~~lc~n , lwner SEAL ~is perforate bond was ac~owledged before me ~is 6~ day of December, 1 ~A~h~ Falcone ~ president of T~seastem Propeaies, Inc. a Florida Co¢oration who is personally ~ow to me or had providefi a valid Flod~ Drivers License as identificmion. My Co~on Expires on: NOTARY P~m BTAm OF ~ORIDA JILL A ~A COMMI~81~ ~ CC~1~9 E~RE~ ~3 SURETY PREFERRED NATIONAL INSURANCE COMPANY _ By: Witness ~v~ ~ Denis and Attorney in Fact ~,~3e~,S ¢ ~ ic~-- SEAL ~is perforate bond was ae~owledged before me this 6~ day of December, 1999, by Denis A. D~er, m A~om~y-in-Fact of Pre&~ed National Insurance Comply, a Florida Co.option who is personally ~ow to me or had provided a valid Florida Drivers License m identification. My Co~ission ExxOn: ~ ~Z E~ M~ 23, ~3 Preferred National Insurance Company Coral Springs, Florida POWER OF ATTORNEY John K. ~m, President, and Dennis B. Wills, Secre~, in pum~nce of a~hod~ granted by Adicle XI, SecUon 1 & 2 of the By-L8~ of ~d ~m~ny, wh~h reads as follows: ARTICLE HI, SECTION 1 - The Chal~n of ~e ~ or Pmsidant or ~y ~ca Pmsidant ~ S~mta~ shall have power a~ a~H~ to ~nt A~omeys-in-Fa~, and to au~orize them to ex.ute on behalf of ~e Company, and a~ach ~e seal of ~e Company ~emto, ~nds ~ u~e~akings, mc~nizances, contracts of indemni~ and o~er w~tings obligato~ in ~e nacre thereof, ARTICLE Xl, SECTION 2 - The signature of any auto,zed officer and ~e Seal of ~e ~mpany ~y be affixed by fa~imile to any Power of A~o~y or Ce~ifi~fion thereof authorizing the execut~n and delive~ of any bond, unde~king, recognizance, or other sum~ip obligations of ~e ~mpany, and such signature and seal when so used shall have ~e sa~ rome and effect as ~ough manually fixed. Does hereby nominate, constitute and appoint Denis A. D~er, Denise D~er-Popick and Lawrence T. D~er i~ ~e and la~l a~omey, for it and in i~ name, place, and stead to execute on behalf of the said Company ~ sure~, all ~nds, u~e~lngs and contmc~ of sure,ship in the a~unt not to exceed: One Million Dollars ($1,000,000) Prafe~ed Nut.al Insurance Company, ~ fully and amply, to all intents and purposes, as if they have been duly exec~ed ~d acknowl~ged by ~e regulaHy ele~ed officers of the Company at i~ office in Coral Springs, Florida, in ~eir own proper pe~ns. The said Secretary does hereby certify that the aforegoing is a true copy of Article HI, Section I & 2 of the By-Laws of said Company, and is now in fome. IN WITNESS WHEREOF, the said President and Secreta.r~';t~r~.~;.~..scribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, th~s 1st day of Augu~t~;~. ~:... ~ O z~ ..... ;~" ~. == c~ ~' :31=/~L -- Secretary % ,cz. ................ ~,, ..-' '~c/ STATE OF FLORIDA ) ss: v CITY OF CORAL SPRINGS ) On this 1st day of August, A.D., 1998, before the subscriber, a Notary Public of the State of Flodda, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above wfltten. 'CERTIFICATE -- Secretary PNI-PA-101 (8/98) I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the odginal Power of Attomey of which the foregoing Is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article XI, Section 1 & 2 of the By-Laws of the Preferred National Insurance company. .,.--,.~C. IN.o.--,,.'-' t. I ':",,, This Certificate may be signed by facsimile under and by .ut.l~e.'l~l~&.'~.lhe~_oilbt~'~:j'~.~olutlon of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 1st day.~ -'"~.C)~'--'c~'~?~e(~t~g~'/:;~'~ sol , , ' n 2, 't at the ,~, uu,.m~;?lly re~il~Irdj~ siona'.tt~ ~_f any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of an~r of ;ltf'oT~y'l~eued b~ ~.~1'~ Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" =- CC:'.. 1988 IN TESTIMONY WHEREOF, I have hereunto subscribed;"~~or[:)orata Seal of the said CompanY,:this..,'...6..~-.P,:' -" ............ day of .... .............................. .......... September 14, 1999 Item #16A3 FINAL PLAT OF "SANTA ROSA AT OLDE CYPRESS" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY - IN THE AMOUNT OF $254,575.20 AND STIPULATIONS Page 175 CONSTRUCTION AND MAINTEN~CE AGREEMENT FOR SUBDIVISION IMPROVEMENTS SEP1 lggg THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /.,(/~day o~.1999, between Olde Cypress Development, LTD., a Florida Limited Parmership, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS: A.. Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Santa Rosa at Olde Cypress. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation water, sanitary sewer and street lighting improvements for Santa Rosa at Olde Cypress within twenty-four (24) months from the date of approval of said subdivision plat, said improvement hereinafter referred to as the "required improvements." 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 42,465.83 which represents ten percent (10%) of the total contract cost to complete construction plus one hundred percent (100%) of the estimated cost of to complete the required improvements at the date of this Agreement. 9/~/99-~:t~14 V~: O~I44HOFFMAN 4102-E-qlBM-221F/2 Page I of 4 SEP 1 q 1999 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial c~}mpletion 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 its preliminary approval of the improvements; or b) notify the Developer in writing of its refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining ten percent (10%) of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. tJ3~9-56334 V4~. O$1-NJJOFJ~MA, N O~J 107.4X)1.4X)2.ESBM.22r72 Page 2 of 4 SEP ! 999 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 a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director ma), 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 or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. W2,'V)-S6~34 ¥~. O] I-NH(~I~4AN O3 I0';-001 ~XJ2-ESB M-228'/2 Page 3 of 4 S£P 1 1999 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreemem to be executed by their duly authorized representatives this/~/_'~ay of ~ 1999. DEVELOPER: Signed, Sealed and Delivered in the presence of: Signature ~/' Printed or typed name ~-. _~.~., Printed or ~ped n~e Olde Cypress Devel~me~, L~ a Florida L~artn:.~ L///j Rj~rt Paul Hardy, as President of Ol~.qtpr~s Development Corporation, a Florida Corpo~rati~n, sole general partner / / as its BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA t Pain'Ii ~ l~4'~c'ffii, c~airWaman/ ~ V~ O3I-NHO~MAN O] 10~41o I Page 4 of 4 Bank of America SEP 1 1999 DATE: SEPTEMBER 29, 1999 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 974066 AMENDMENT NUMBER I BENEFICIARY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CIO OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34104 APPLICANT OLDE CYPRESS DEVELOPMENT, LTD., A FLORIDA LIMITED PARTNERSHIP 3200 BAILEY LANE NO. 117 NAPLES, FL 34105 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: APPLICANT'S NAME "FLORIDA BAY AT OLDE CYPRESS, L.P." NOW TO READ "OLDE CYPRESS DEVELOPMENT, LTD. AND WHEREVER IT READS IN THE LETTER F CREDIT. PARAGRAPH NO. 7 LINE 3, WHERE IT READS "(INSERT NAME OF SUBDIVISION)"NOW TO READ "SANTA ROSA AT OLDE CYPRESS". ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. FF::ATURE TInS °OCUMENT CONSISTSOF 1 PAGE(S) Vimla Harjan! Bank of America, N.A. Trade Operations Mail Code: CA9-703-19-09 333 S. Bcaudry Avenue, It)lh Floor, Los Angeles, CA 90017 00-35-0202NSB 9-1999_CA9 I*) anwo America S£P 1 q 1999 ISSUE DATE: SEPTEMBER 2, 1999 IRREVOCABLE LETTER OF CREDIT NO. 974066 ISSUER: BANK OF AMERICA, N.A. ATTN: LETTER OF CREDIT DEPT. 901 MAIN STREET, 9TH FLOOR DALLAS, TEXAS 75202 PLACE OF EXPIRY: DALLAS, TEXAS DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL JULY 9, 2000 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL OR COURIER SERVICE THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: FLORIDA BAY AT OLDE CYPRESS, L.P. (HEREINAFTER "APPLICANT") 3200 BAILEY LN. #117, NAPLES, FL 34105. BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") C/O OFFICE OF THE COUNTY ATTORNEY, COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA. AMOUNT: $42,465.83 (FORTY TWO THOUSAND FOUR HUNDRED SIXTY FIVE AND 83/100 U.S.DOLLARS. CREDIT AVAILABLE WITH: ISSUER BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY°S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY°S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY°S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "FLORIDA BAY AT OLDE CYPRESS,, L.P.;HAS FAILED~TO?CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS (INSERT NAME OF SUBDIVISION) OR,A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY~.'~AND SATISFACTORY~~ ALTERNATIVE PERFORMANCE SECURITY HAS NOT,BEEN PROVIDEDiTO AND FORMALLY ACCEPTED BY THEBENEFICIARY'" * · DRAFT ( S ) DRAWN UNDERi! THIS LETTER OF UNDER BANK OF AMERICA, N.A. CREDIT NUMBER 974066..DATED SEPTEMBER 2, 1999." THE ORIGINALiLETTER OF"CREDIT AND. ALL AMENDMENTS, IF ANY. MUST BE PRESENTED~:FOR PROPER ~. ~ THIS LETTER OF CREDIT SETS FORTH. IN!~FULL'i .~ ~i~- ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE IRREVOCABLE STANDBY LETTER OF CREDIT NO. 974066, PAGE Bank*ofAmerica SEP 1/~ 1999 DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. BANK OF AMERICA, N.A. FOR ASSISTANCE PLEASE CALL CUSTOMER SERVICE AT 214-209-0685 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 974086, PAGE 2 September 14, 1999 Item #16A4 FINAL PLAT OF .MALLARDS LANDING. WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY - IN THE AMOUNT OF $401,463.12 AND STIPULATIONS Page 176 Document Prepared By: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEME~,ITS.P~.RIpR TO RECORDING OF PLAT AGREEMENT entered into this__ !,~fl~, day of .<~i[~a~&.-a.~ ,/~J~'between 951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinat~er referred to as "The Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat of subdivision to be known as: "Mallard's Landing'at Fiddler's Creek" Division 3.2 of the Collier County Land Development Code allows the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenient and agree as follows: Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A') and by reference made a part of in the amount of $401,463.70 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvement within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in wiring of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion bythe 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 performancc security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of the Agreement. + All of terms, covenants and Conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN W1TNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this/~; day of ~, / z°?~. Signed. Sealed and Delivered in the presence of: (Printed or Typed Name) (Printed or Typed Name) 'Dwigfi',t!E. Brock, Clerk Attest as to Chairnan'$ sigaature on15. Approved astoformand legal sufficiency: David C. Weigel Collier County Attorney 951 Land Holdings Joint Venture BY: BY: BY: BY: Gulf t~y 100, LTD /f By I~/General P~p. artn~r~ ogf _ c. Aubrey?. Ferrao:resident Parcel Z, Inc. ~ Board of County Commissioners ° f C °Iii e~u.~t~ F;Li~.~ff..~ ~ Chairman WAN DA/FIDDLE R,q/MALLAIKI~AOR-.qUB.IM P (1~/14/~9) (Mallard's Landing) Bond No. 35000057 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that 951 LAND HOLDINGS JOINT VENTURE 4001 Tamiami Trail North, Suite 350 Naples, Florida 34103 (hereinafter referred to as "Developer") and GREENWICH INSURANCE COMPANY 160 Water Street, 16t~ Floor New York, New York, 10038 (hereinat~er referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Four Hundred One Thousand Four Hundred Sixty-Three and 70/100 Dollars ($401,463.70) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Developer and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Developer has submitted for approval by the Board a certain subdivision plat named Mallard's Landing at Fiddler's Creek and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the 'Guaranty Period"). NOW, THEREFORE, if the Developer shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Developer shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Developer's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Developer and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "~n~cndmcnt," whcncver used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Notwithstanding anything to the contrary herein, the effective date of this Bond shall be September 16th, 1999. By execution of this Bond, Greenwich Insurance Company specifically assumes all past, present and future liability under the Bond and is bound by the obligations as specified herein. Page I of 3 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 26th day of January, 2000. Signed and delivered in the presence off PRINCIPAL: WITNESSES: 951 LAND HOLDINGS JOINT VENTURE, a Florida general partnership By: GULF BAY 100, LTD, a Florida Limited Partnership, as general partner By: By: By: By: GULF BAY 100, Inc., a Florida Corporation, its general partner, on behalf of the partnership and itself erra tnot in~vidually~ and PARCEL Z, INC., a Florida corporation, a partner J. M and not indivi~lually SURETY: GREENWICH INSURANCE COMPANY By;... Dated: Name: Scott Adams Title: Attorney-in-Fact Page 2 of 3 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before this 26th day of January, 2000, by Aubrey J. Ferrao, President of GULF BAY 100, Inc., on behalf of the corporation, general partner of GULF BAY 100, LTD., and on behalf of said limited partnership as general partner of 951 Land Holdings Joint Venture. He is personally known to me. NOTARY PUBLIC - 8'rATE OF FLORIDA DIANE C, MATIRE COMMtSSION# CC82893B EXPIRES 6/20/2003 BONDED THRU ASA I-Baa-NOTARY1 Notary Public Commission No. My Commission Expires: (SEAL) STATE OF NEW-YORK -?,.o ,~ ~ ,~ COUNTY OF NE4~ YORK aoct-I e~--- The foregoing instrument was acknowledged before this 26th day of January, 2000, by J. McCarthy, President of PARCEL Z, INC., on behalf of the corporation, and on behalf of said corporation as a partner of 951 Land Holdings Joint Venture. He is personally known to me. Print ~- NotarytPublic Commission No. My Commission Expires: ;ao~nu tu~, (SEAL) ~My Commission CC8108~4 ~',,~,,~,~ Expires Februaqt 21, 2003 STATE OF NEW YORK COUNTY OF NEW YORK On this 69g day of ffa~ .a~.~ ,2000, before me personally came SCOTT ADAMS, who is known to me, or who has produced a driver's license (#A17916947409606) as identification, who being duly sworn by me did depose and say that he resides in Mendham, N.J., that he is Attorney-in-Fact of Greenwich Insurance Company, the corporation described in and which executed this instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that the liabilities of said Company do not exceed its assets and ascertained in the manner provided in Section 183 of the Insurance Laws constitujing Chapter 33 of the Consolidated Laws of the State of New York. d.///,,.rr~a.. Notary Publig(. IRMA LASSALLE Notary Public,. Et~ta F:\USERS\WANDA\FIDDLERS\MALLARD\PERFORM.BND CIt.ialiticd .~. C&l.'r Jr, a Cornmissinn Exvi:e'.-: l',4~:y 20, Page 3 of 3 GREENWICH INSURANCE COMPANY No. O-2S-117 POWER OF ATTORNEY on ltO~ all ~ell h~r t~ese ~re~e~ts: t~at GREENWICH INSURANCE COMP~ a California corpora~n (the "Corporation"), with offices at One Greenwich Pl~a, Greenwich, necticut, 0683~ has made, constituted and appointed, and by these presents, does make, constitute and appoint Scoff Adams, Charles P. Moron, Kieran J. Moran, I~a Lassalle its tr~ and la~ul A~omey(s}-in-Fa~, at.. Ne.~ ~P~ ........... .... in the S,te of .... N~.~O~ ............ and each of them to have full power to act wi~out the other or othem, to make, execute and deliver on its behalf, as sureW or ~-sureW; ~nds and unde~akings given for any and all purposes, also to execute and deliver on ~s behalf as aforesaid rentals, e~ensions, agreements, waivem, consents or stipulations relating to such bonds or unde~akings pro~ded, h~wer, that no single bond or undedaking so made, ~ecut~ and del~ered shall obligate the Co~oration for any potion of the penal sum thereof in excess of ~e sum ~ Su~ b~d~ ~ Un~g~d purposes, when du~ executed by ~id a~orney(s)-in.fa~, shall be binding upon the Corporation as fully and to the same extent as if signed by the President gl thb ~Pofat~dd~Yi~C~q~a~-~eal aUested by its Corporate Secrela~. ~ ~point~n~ w~ under~b~ a~hori~ of ~.ain resolutions adopted by the Board of OireCto~ of the C0~p°ration at a meeting duly called a~ held on the 7th day of ~Ptembe~, 1999. a {c~f which ~ow un~r:~e~heedino entitled "Ce~ificate." ~.~er ~ A~orney ~[~n~ ~ ~ealed by famimile under ~d ~ aulhori~ of ~e following resolai0n adoF~ ~ the Board of Directors of the Corporation ~ Unanimous W~en ~nsent on S~p~be~'4g~reS~tl°n h~ not since ~een r~oked, amended or repealed: : : ~. RESOLVE~hat in gra~ng powers of aUorney pursuant to cedain resolutions adop~d by the Board of Dire~o~ of the Corporation at a meeting du~ ~lled and held on March 11, ~19~ ~he~flq~ure~(such directors and officers and the seal of the Corpo~tiofl may be affixed to any such power of a~orn~ or any cedificate relating ~ereto by famimile, and any such p~r ~f aflorney or ce~ificate bearing such facsimile signature or seal shaJl be valid and binding upon the Corporation in the future with r~pect to any bond or uflde~a~flg to whic~ it is aHached. This Power of A~orney s~all expire and all authod~ hereunder shall terminate without notice at midn~ht (Standard ~me ~ere said aflom~(s)-in-fa~ is autho~zed to act), IN WITNESS WHEREOF, the Cor~mtion h~ Caused these presents to be du~ sign~ and its co~omte seal to be h~eunlo affixed and aU~ted this ........... day of .... 20.. O~, at Greenwich, Connecticut. (Co~orate Seal) GREENWICH INSURANCE COMPANY C0UN~0~~__~~ ' Greenwich 3 aa ~p~Janua~ 2o on bdore me pemonal~ ~me Maw A. Roddy, Vice President /. ~ ..................................................... to me ~own, who being by me duly sworn, did depo~ and ~y that (s)he resides in (N'~r,( [ of th~J,~rect~s of ~,d corporatio& and that (s)he signed his(her) name thereto by like order.~'~'~ ~ ~',~; ~ ~:~%~, ~:; ~ ~,,[ .] ~ .;l ......... ~~. CERTIFICATE STATE OF CONNECTICUT ss: COUNTY OF FAIRFIELD Greenwich My Commission Expires 12/31104 ~ ..... Karen . a ente ......................................................... corpo~&n~l~e I~orporation"), hereby certify: the .Assistant.Secretary of GREENWICH INSURANCE COMPANY, a California t. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The t01towio{~ ale r.e~0 utjons which were adopted by the Board of Directors of the Corporation by unanimous written consent on November 1, 1999 and said resolutions have not since been revoked, amended oF'~odifi~d: ' ' : '. "REsoLVED', that each of 'the indivfdUils named below is authorized to make, execute, seal and deliver for and on behalf of ~e Corporation any and all bonds, undertakings or obligations in surety or co:SUretY w~th others: ~7'. ' ; . ! Laura A. Shanahan Sheila M. Kelly Mary A. Roddy Suraya K. Kieffer Brian St. Clair RESO~LVED. F~RT~ER!~i~at each Of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in suretY or co-surety for and on behalf of the Corporation." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this ~ ~ ~ day of. ~ .......~.¥ 20...~.. .................. ............................... Karen M. Manente GREENWICH INSURANCE COMPANY STATUTORY STATEMENT OF ADMri'FED ASSETS, LIABILITIES, CAPITAL AND SURPLUS December 31, 1998 Assets: Investmenls Bonds Short-term investments S32,520,945 100,000 Liabilities: Loss and loss adjustment expenses $11,043,765 Unearned premiums 7,602,025 Funds held under reinsurance treaties 1,903,321 Other liabilities 4,461,522 Total Invested Assets 32,620,945 Total Liabilities 25,010,633 Cash Agents balances or uncollected premium Funds held by or deposiled with reinsurance companies Reinsurance recoverable on loss and loss adj. expense payments Accrued interest and dividends 10,248,734 Capital and Surplus: Capital stock 3,558,100 1,033,938 Paid-in surplus 21,915,853 3,616,384 Unassigned surplus 722,066 1,582,134 718,029 Total Capital and Surplus 26,196,019 Olher admitted assets Total Admitted Assets 1,386,488 Total Liabilities, $51,206,652 Capital and Surplus $51,206~652 I, John B. Wong, Vice President and Controller of Greenwich Insurance Company, (the 'Corporation") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true Slatutory Statemenl of Admitted Assets, Liabilities, Capital and Surplus of the Corporation, as of December 31, 1998. prepared in conformity with accounting practices prescribed or permitted by the Insurance Department of the State of California. The foregoing statement should not be taken as a complete statement of financial condition of the Corporation. Such a statement is available upon written request at the Corporation's principal office located at One Greenwich Plaza, Greenwich, Connecticut 06836. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation at Greenwich, Connecticut. September 14, 1999 Item #16A5 FINAL PLAT OF .PEBBLEBROOKE LAKES PHASE 2" WITH STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY - IN THE AMOUNT OF $604,699.70 AND STIPULATIONS Page 177 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREErI~E ~NT FOR SUBDIVISION IMPROVEMENTS entered into this /~t/;l~:~ day of ~; 19~9,9 between Pebblebrooke Lakes Limited Partnership, a Florida Limited Partnership hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to lac known as Pebblebrooke Lakes Phase 2: B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed the Required Improvements within 12 months from the date of approval said subdivision plat, said infrastructure (water, sewer, drainage and roadway) improvements hereinafter referred to as the Required Improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part of hereof) in the amount of $ 60,178.00 which represents 10% of the total contract cost of completed consUuction plus $ 328,464.19 which represents 100% of the estimated costs to complete the Required Improvements at the date of this Agreement for a total of $ 388,642.19. 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. Thc 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 thc Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of thc improvements. However in no event shall the Development Services Director refuse preliminary approval of the improvements if they arc in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by thc 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 still be in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months after thc execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event thc Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. Thc Developer, as principal under thc subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, thc final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill ali of the provisions of this Agreement. 9. All of thc terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of thc Developer. IN VV'ITNESS WHEREOF, thc Board. and thc De,.yeloper have caused this Agreement to be executed by their duly authorized representatives this ~/.t4"'~ day of~, 19 ~) . SEP 1 1999 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Pebblebrooke Lakes Ltd., a Florida Limited Partnership BY: Saundry - Associates, Inc. its2ner .a~,~ner A Kenn~i~ P. Sau~d~f Jr., Vice l~r~dent / .:~..-;: :. :..Dw!ght E;,,B~bck, Clerk · ' ':~, L""" '£'? ' "';" ' ; . ~.:,,",,,' '*-, ,~ --~_~ I .-: '" :. '~ ::'*}~. :Al~r°ved,a~:tO form and legal sufficiency ',,~,~t~ ~ ~s,,i'~O, Chllrman' s Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Panatela S. Mac'Kie, ~2hairwomran 3 'f'_'} ¢:'ff t.'l J EXI:' IRY D/q- [: t /?9 I (;~ / 20./ ()() I I...,q,fl'.:?] i... '[.N] TEI) .".:~t.) L 32904 (;'E F! i'L I~'.1':~t5 ! ,I "PE~.I~IZ:~f't(3[3t',F_ LAI4, E5 l...I?li'li::D PAR'f'NERSHiP AND/OR M¢41N"rqllq THE II-IPRI]V~iPiE{N"I?i AS~:~OC.[ATED WITI. t THAT (;ERI"AIN PLA'F (:)F' /,, '.~U;.~()[ u:[ S II31,4 lti,ll.)NN /~t:; I:'E[~I]I..EBRODKE [. FII'.I(:,t. iI'4hF'l:~C] IOl',i Si;(r]L3~/~C'['(]l:i'(l'l) (;(]I..L..~ER (:OL)i't'I-Y HAS BEEN P~RFORI'IED PRIOR 'Ti) TI.E [)A'i'E iiF [:~;?IR?, I~1'~].) fF(I-ISI::ACTOR? AI..~ElilqAI'E PE~FORHAIqCE BE()I.IR~"I'Y I-Ii~J NO't BElial t:'R!.'IV'II)Fg '1'O AND fl]RI'IALL Y 1't41S IF;:RE'¢i](]ABLI~: I_ET1-ER OF (]REOIT' SETS FORTH IN FULL 'FFI}: TERMS OF' OUR Ui'iDERI*A~t!hI(;. TI-ITS UNDEF~"FAliING [;HAt..I_. NO1-' IN ANY WAY BE MODIFIED, AMENDED, NI'~I:'I_.IF']iE-:[, 0~ IIq(:[IRPE]RAT[D ~J~,' RI!FEiRI}>.NCE 'fO AFl? DLI(]UI'IENT OR C[)NTI:IAOT R[F]ZflRED ]'0 I-IER E I I'.1. lgE HEREBY A~REE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE 'fEI;]MS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH DOCUMENT(S) AS SPECIFIED ABOVE AND THE ORI¢INAL OF THIS CREDIT, AT OUR OFFICE LOCAl'ED A'T 8739 RESEARCH DRIVE, CHARLOTTE, NC 28262, ATfN: STANDBY LETTER OF CREDIT DEPARTMEFI' ON [IR ]]EFORE THE ABOVE STATED EXPIRY DATE. DRAFT(S) DRAWN UNDER THIS CREDI'f hjust SPECIFICALL. Y REFERENCE OUR CRED~'r NUMBER. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBdECT 1'0 THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CRB}ITS, ESTABLISHED BY TH?}] INTERNA"I'ION,,'~L CHAMBER OF COMMD~(;E, AS IN EFFECT ON THE DATE OF ISSUANCE OF TI--lIS CREDIT. F'iRBI' I..INiIDI',.i IxiA'i"I.i)I~II'~L SEP 1999 P. lq'END,~ENT TO IRRI:!VDCAZ~L.I-: STANDBY t.:E]"i"ER OF CREDIT 10/0t/99 THE BOARD OF COUNTY CCJMMISSiONER.~, ~.uLL IER C OU!'qTv 2E~O0 P~ HCIF~SESH[I~ DRIVLE LETTER OF CRED:[T NO BPi410;20 t C IS, EIXI"!'I...FEPIE1 ~: i.,~E P.i'iEND OU.R RE¥:'EP,.EHCE[? L. ET'IER OF C[~EDIT NUI"ll]E;~ IS~UE1) IN YOUR FAVOR T"Cq'~ TH..:- AC~COUN'T OF [~EBBL. EBRCtOP~['.: LAIqtSS L.~MITED AS FOLLOW~. IT IS A COND['¥IOI'.I OF TI-tIS I._E1TEI'~ I]F' CREDIT THAT IT' SHAI_L. BE DEEMED AU'rCII"!A'I'?CALL.'~' E×I'ENt'XED WI'[I-II]U"[ WR]'Tf'EI'.I AMENI)MENT FOR OI.IE YEAR FROP1 THE PRESIEN"F £]K Ab.l'¥' FU'Ft.tRE EXF'!-RY D~,]"E L41LE.:,,.~ A'I' I...EAE;T ~:':]'X'F"," (60) DAYS PRIOR [:XPIR~-',T]:[IN DA-I'L:.', i,JE N(]I'IF"Y Y£F,~ 11',1 WRITIN(; A-f THE A~OVF ADDRESS VIA OVERIHIGH]' COUR~ER "i'H~'~,l" I,I£ EI._ECT NOT TO REI',IEt-t 'EH]",% I._ET'FER OF' CRED.[T FOR ANY SUCH ADD [ T f FiNAl_ ALL OTHE[{ TEF~MS AND CONDITIONS REMAIN UNCHANOED.. 'IHIS L.E-~'T£R :lB ]'O BE /~,TTACHEI) 'F[i AND TIt }BECOPiF Ai'.~ INTEC, P, AL PART OF ]'FIE OR Il; [NAI_ CNEDi I !i'.I.S'I'RUM~JN'T. UNLESS O'THERWISE EXPRESSLY SI'ATED HER~IN~ THIS CREDIT IS SUBdECT TO THE UNIFORH (",LJS'IF]tqE~ At',I~. PRA¢'FICE FC~F: DOCUPIEhlTARY CREDITS (1993 P. EVISIIL]Iq), IIq"I'ERNATIONAL CHAMI]ER OF COPIMERCE PUBLICATION NO. 500. ASSISTANT <,/ICE PRESIDENT FIRS'[' UNIOI',I NATIONAL. BANK SM41020 l EVO 1 E TK SEP1 1999 IRREV~]£ABI..E LETTER OF CREDIT' EVIDENCE OF AUTHORII'Y [Rt~{EVOCABL[{ STANDBY LETi'ER OF CREDIT NO. SMz~IO~O1C DA FED: OS)/p_ 1 FIif~ST UNION FIA'rlONAL I~ANI~ AT THE RE(~UEST OF PEBBLEBROOkkE LA½ES LIMITED PARTNERSHIP , ~255 EAST DRIVE, St.~ITE D, PIE~.BOURIqE, FL.. 3~?(}4 HAS I~SUED !3~JR IRREVOCAI31...E LETTER OF CREDI'i NUHI3ER SM410~20]C 1N THE AMOUNT · ~ 3Bf..3:&41;. 19 DATED 09/~]./99 IN VOUCh. FAVOR. FI-lIS DOCUMENT IS TO CERTIFY THAT LUISA CIARDI~ [NTERFIA3'IONAL OFFICER, HAS THE NECESSARY AUTHOI~ITY TO EXECUI'E $ 388~ &4~_. !.9 IRREVOCABLE 3TANDBY LE'F'FER OF CREDIT NO. SM41.020IC DATED 0~/~1/99 ON BEHALF OF ~FHE BOARD 'OF COUNTY COMMISSIONERS, COLLIER COUNTY, FL., C/O EN~INEERIN~ RE'JIEt, I SECTION AND FOR THE ACCOUNT OF PEl{BLEI~I~OOKE LAKE~ LIMITED PAR'TNERSPIIP t:OR F]RS'[' UNION NATIONAL. BANK, AS PER THE ATTACHED. CORPORATE SEAL VERY TRULY YOURS, FIRST UNION NATIONAL. BANK TITLE: ASSISTANT VICE PRESIDENT FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTi- LAST NAME-.'-FIRST NAME--MIDDLE NAME Mac'Kie, Pamela S. MAILING ADDRESS 3301 Tamiami Trail East CITY COUNTY Naples Collier OATE ON WHICH VOTE OCCURRED September 14, 1999 ER LOCAL PUBLIC OFFICERS N~,~E OF SOA~O, COUNC,L COMM,SS,ON, ^UTHo~rrY, OR Collier County Board of Comission~ ~E BOARO, COUNCIL CO~ISSION, A~ORI~ OR COMM~EE ON WHICH I SERVE IS A UNIT ~ C~ ~ COU~ ~ O~[~ LOCAL AGENCY 1999 NAME OF POLITICAL SUBDIVISION: , Collier C~unty MY POSITION IS: I:~ ELECTIVE r'l AFFOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or e!ected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is re!ained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the speciat private gain or tess of a business associate. Commissioners ot community redeve!opment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent sl:ecial tax districts elected on a one-acre, cna-vote basis are not prohibited from voting in that capacify. For purposes of this law, a 'relative" includes only the officer's father, mother, son, dau.chter, husband, wife, brother, sister, f,.,the,-m-,,~,,,,, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpora:men are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose lhe nalure of lhe conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY A'rrEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: o Yo~ must complete and file this form (before making any attempt Io influence lhe decision) with lhe person responsible for recording the minutes o~ the meeting, who will incorporate the form in the minutes. (Continued on other side) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. CE FORM 8B - REV, 1/98 PAGE APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO A'I-I'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. $£P 1 1999 You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting alter the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST l, PameZa $. Mac'Kie , hereby disctose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ..~ inured to the special gain or loss of my relative. inured to the special gain or loss of Pamela S. Mac'Kie, whom I am retained; or inured ID the special gain or loss of is the parent organization or subsidiary of a principal which has relained me. (b) The measure before my agency and the nalure of my conflicting interest in the measure is as follows: September 14, .19 99 , which AGENDA ITEM 16. A. 5. Request to approve for recording the final plat of "Pebblebrooke Lakes Phase 2" and approve of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Al%er consultation with the County Attorney, I abstained from voting on the above matter pursuant to Section 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is present at any meeting of such body at which an official decision, ruling or other official act is to be taken or adopted may abstain from voting.., except when, with respect to any such member, there is or appears to be, a possible conflict of interesJ under the 143. In such cases, said member shall comp. J,y .w~th~le disclosure requi~6[pents of provisions of 112.311, S. 112.313, or S. 112.3 September 14, 1999 · .' Date Filed Si{inature Pamela S. Mac'Ki~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT; REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8R . REV. 1/98 PAGE 2 September 14, 1999 Item #16A6 RESOLUTION 99-340 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN LAKE RV RESORT, PHASE TWO. Page 178 RESOLUTION NO. 99- 340 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN LAKE RV RESORT, PHASE TWO, 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 July 24, 1997 approved the plat of Pelican Lake RV Resort, Phase Two for recording; and ',if ~' WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Lake RV Resort, Phase Two, 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. DWIGHt, ~, 13ROCK.,., CLERK ;Approv~'J'~ to f6m ~d legal sufficiency: Heldl F. Ashton Assist~t Collier Co~ Aaomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BYAME~MANP September 14, 1999 Item #16A7 RESOLUTION 99-341, ASSUMING SOME OF THE MAINTENANCE RESPONSIBILITY OF THE DRAINAGE EASEMENT OF MAJESTIC PINES OF WILLOUGHBY Page 179 RESOLUTION 99- 341 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VOLUNTARILY ASSUMING SOME OF THE MAINTENANCE RESPONSIBILITY OF THE WATER MANAGEMENT SYSTEM WITHIN THE DRAINAGE EASEMENT ON THE PLAT OF MAJESTIC PINES RECORDED IN PLAT BOOK 20, PAGES 55-56 OF THE PUBLIC RECORDS OF COLLIER COUNTY WHEREAS, Majestic Pines is a subdivision comprised of 15 single family residential lots located in Collier County, Florida pursuant to the plat thereof recorded in Plat Book 20, Pages 55-56 the Public Records of Collier County; and WHEREAS, the water management system of this subdivision was approved by County staff; and WHEREAS, Collier County staff has subsequently conducted a comprehensive survey of the "as built" water management system and has documented deficiencies; and WHEREAS, the water management system, despite the deficiencies, meets water retention requirements and does not create a maintenance problem; and WHEREAS, the Board of County Commissioners finds a public purpose for the County's maintenance of this water management system. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County voluntarily assumes some of the general maintenance obligation of the water management system within the drainage easement depicted on the plat of Majestic Pines recorded in Plat Book 20, Pages 55-56 which may include the regrading and lowering of the retention swales as deemed necessary by the County and the subsequent reseeding and/or resodding of the disturbed areas. This Resolution adopted after motion, second and majority vote favoring same. :'Dated: ~'~.~.~ ,ATTEST : ."'~.., BOARD OF CO~Y CO~ISSIO~ 'D~GHT E.' BRO~, Clerk COLLIER CO~Y, FLORA By:. .~A~T,6~Form and Legal Suffigiency: _ ~efdi F~-.~sht~n' - - Assistant County Attorney h:hg/hfa/99 Resolution Maintenance responsibility -Majestic Pines, Willoughby September 14, 1999 Item %16A8 ASSIGNMENT AGREEMENT FOR EASEMENT FOR PELICAN MARSH UNIT 18 (BAY LAUREL DRIVE) Page 180 S£P 1 1999 ASSIGNMENT AGREEMENT (BAY LAUREL DRIVE) THIS ASSIGNMENT AGREEMENT made and entered into this ~ day of ~_.~.~ , 1999, by and between the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY AS THE GOVERNING BODY OF COLLIER. COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER. COUNTY WATER-SEWER` DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non-exclusive Utility Easement from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) to Assignor and is also the assignee under that certain Assignment of Reservation and Dedication of Utility Facilities both herein referred to collectively as "Utility Easement" concerning certain water and sewer facilities and irrigation distribution lines located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Composite Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interlocai Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities and irrigation distribution lines to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and WHEREAS~ certain water and sewer facilities and irrigation distribution lines located within the aforedescrib ed lJtiIity Easement have been conveyed to Assignor from WCI Communities Limited Partnership (f/Ida WCN Communities of Naples, Inc.) by Bill of Sale and Warranty Deed, which water and sewer faC~ties and irrigation distribution lines are simultaneously herewith being conveyed to Assignee from )~s~ignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum ofTen and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility PehMarsh\Ut ility~B LDXAssign SEP 1 zl 1999 Easement referenced hereto and made a part hereof as Exhibit "A". Assignee hereby accepts said assignment. 2) Governing Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: ~si~tant Secretar~ PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT By:/'. ohn A. Pistor ~f [ts Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing Assignment Agreement was acknowledged before me by John A. Pistor, Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He is personally known to me. WITNESS my hand and official seal this Smptme Ly~ette Wa~ MY COMMISSION # CC636726 EXPIRE: Apd122, 2001 BONDED THRU TROY FAIN INSURANCE, )NC. ~ day of ,~_~) , 1999. l~ot~r~Ubli~, . L) , , ,., Print Name:~tDD/q/qP_ Lc4n-~/4~ ¢J&q4S My Commissio'n-l~Xpires: ~ PelMarsh\UtilitykBLDXAssign 2 ASSIGNEE: 9EP 1 4 1999 ATTEST: DWIGHT E. BROCK, Clerk Signature? cn'~ Approved as to from and legal sufficiency Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF. COLEIER COUNTY AND AS EX-OFFICIO THE ':". GOVERNING BOARD OF THE COLLIER COUNTY WATER- SE ..~'ER DISTRICT I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Pamela S. Mac'Kie, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this /~qT~day of (Notarial Seal) Notary Public o, Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 PelMarsh\Utility~B LDXAssign This Instrument Prepared by: Vivien N. Hastings, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 UTILITY EASEMENT (Pelican Marsh Unit 18, Bay Laurel Drive) THIS EASEMENT, granted this ~ day of March, 1999, by (i) WCI CON~vlTrNI1/ES LIMITED PARTNERSHIP, a Delaware limited partnership, whose address is 24301 Walden Center Drive, Bonita Springs, Florida, 34134, (ii) COMMUNITIES FINANCE COMPANY, 'a Delaware corporation, whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, (iii) Pulte Home Corporation, a Michigan corporation, whose address is 4014 Gunn Highway, Suite 250, Tampa, Florida 33624, and (iv) PRESERVE HOMESITES SOUTH, INC., whose address is 9501 North Tamiami Trail, Suite 202, Naples, Florida 34108 (collectively, the "Crrantor"), to the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, whose address is c/o Anthony P. Pires, Jr., Esquire, 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108, (the "Grantee"). WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain a sanitary sewer lffi station, water and sewer utility facilities and irrigation distribution lines in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maimeaance or restoration of improvements or landscaping installed by the Cu'antors within the ~ area, to wit: See al~azhed Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the sanitary sewer lift station, water and sewer utility facilities and irrigation distribution lines. Grantors and Grantee are used for singular or plural, as the context requires. Rob in~arsh\ utility \easemen 1. u 18 EXHIBIT "A" 1999 IN WI'INESS WHEREOF, the Grantors have mused these presents to be executed the date written. Print Name: {/{.__6~ (5)t WCI COMMUNITIES LIMITED PARTNERSHIP a Delaware limited partnership By: I_) L4, Vivien N. Hastings * L/ Its: Senior Vice President *Executed pursuant to authority granted pursuant to Certificate of Authority/Power of Attorney recorded in OR Book 251:5, Page 3020, Public Records of Collier County, Florida. STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Vivien N. Hastings as Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the partnership. She is personally known to me. this l ~ f M ch, 1999. WITNESS my hand and official seal I~;~... My Commission Expires: No~blic, State of Florida Robin Huffrnan Robin\marsh\utility\easement.ul 8 2 of 5 SEP 1 zl 1999 COMMUNITIES FINANCE COMPANY, a Delaware corporation Steven C. Adelman Its: Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Stevcn C. Adelman as Vice President of Communities Finance Company, on behalf of the corporation. He is personally known to me. WITNESS my hand and official se. afl this arch, 1999. Notary Public, State of Florida My Commission Expires: Robin Huffman Ro~in~mar~\utt~.uI8 3 of 5 SEP ! z~ J999 Name:, 3-0-~- G. ~to; 9,'.~ PULTE HOME CORPORATION, a Michigan corpora~n STATE OF COUNTY OF ~ The foregoing Utility Easemem was acknowledged before me by _(_r,,,to~ C.-, bJol,P~r+ as ~ ~o~,~,,t-;-- Fac* of Pulte Home Corporation, a Michigan corporation, on behalf of the corporation. He/she is personally known to me. My Commission Expires: WITNESS my hand and official seal thisft/~t lday of March, 1999. ~Ig'~ Public Printed Name of Notary Pubic -- :- :. -i-- JUnE E.,A,a,S' ~~) MY COMMISSION#CC787409 Il EXPIRES: Deceml~er 8, 2003 ' "F'[ : z ..... RobinLmarsh\ufility\easeme~t. ul8 4 of 5 ! P~rir~ N~n¢: ~fl~L }40_CJa. O t PRESERVE HOMESITES SOUTH, INC., a Florida Its: STATE OF COUNTY OF k foregoing Utility Easement was acknowledged before me by ?0 ~ , ~_ . ~Vi~ as ~Cq~,, ~'~ of Preserve Homesites South, Inc., a Florida corporation, on behalf of the corporation. He/~is personally known to me. WITNESS my hand and official seal this 2.q day of March, 1999. My Commission Expires: ,~,uv ~ cc?~moa %~4~, ~ Oc~r 4, 2002 Printed Name of No-ta~ Pubic Robin~marsh\utility\easement.ul8 5 of 5 SEP 1 4 1999 CONSENT OF MORTGAGEE Regarding Utility Easement, Unit 18 Pelican Marsh - Bay Laurel Drive KNOWN ALL MEN BY THESE PRESENTS: BANKBOSTON, N.A., as Agem for the banks, the holder of that certain Mortgage and Security Agreement dated the 27th day of April, 1998 and recorded in Official Records Book 2413, Page 1836, of the Public Records of Collier County, Florida, (the "Mortgage")which Mortgage constitutes a lien upon the real property described in the foregoing Utility Easement (the "F. asement"), hereby consents to Communities Finance Company, a Delaware corporation, granting the foregoing Utility Easement to Collier County and agrees that the lien and encUmbrance of the Mortgage shall be subordinate to the Utility Easement. The subordination set forth herein is limited strictly to the fights of Collier County, its successors and assigns, created by the Utility Easement and this subordination shall not constitute a subordination to the rights of any other person or entity that holds any interest in the easement property described in the Easement. Dated this ~- day of March, 1999. Witnesses: BANKBOSTON, N.A., as Agent for the banks Print6d Name: Its: ~ted Ndrr~ .~/~e~- STA oF - ~e fore~ng ~stmment w~ ac~owledged before me mis ~ ~day of M~ch, 1999 by ~~ ~ ~~ as ~/~C~~ of B~oston, N.A,, w~s personally ~om to me or who produce~ ~ identification. ~~i~~p~[ ~o~ Pub~i~ // Cheryl Public State of Georgia Printed Name of No~ Public ~ommission E~p. gprii 30~ 2000 -°~: S£P 1 z~ 1999 ALL OF TRACT "R" OF THE PLAT OF PELICAN MARSH UNIT EIGHTEEN, AS RECORDED IN PLAT BOOK 30, PAGES 86 THROUGH 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; E,X3{IBIT "A" September 14, 1999 Item #16A9 EXCAVATION PERMIT NO. 59.710 TTT TRACT 119 COMMERCIAL EXCAVATION LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY AG, ON THE WEST BY 46Ta STREET NE R/W AND ON THE SOUTH BY VACANT LOT ~ WITH STIPULATIONS Item #16A10 EXCAVATION PERMIT NO. 59.709 TTT TRACT 118 COMMERCIAL EXCAVATION LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY AG, ON THE WEST BY 46Ta STREET NE R/W AND ON THE SOUTH BY VACANT LOT - WITH STIPULATIONS Item #16All COMMERCIAL EXCAVATION PERMIT NO. 59.697, .COCHRAN EXCAVATION AND HOMESITE" LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH, EAST, AND SOUTH BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY THE HAIN GOLDEN GATE CANAL AND AGRICULTURAL LAND - WITH STIPULATIONS Item #16A12 COMMERCIAL EXCAVATION PERMIT NO. 59.711, "JIM WEEKS COMMERCIAL EXCAVATION TR 5, U 72" LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY THE HAIN FAKA UNION CANAL - WITH STIPULATIONS Item #16A13 COMMERCIAL EXCAVATION PERMIT NO. 59.702, .56Ta AVE., NE/JOLLY TRUCKING. LOCATED IN SECTION 4, TOWNSHIP 48, SOUTH, RANGE 28 EAST, BOUNDED ON THE NORTH, WEST, AND SOUTH BY VACANT LAND ZONED ESTATES, AND ON THE EAST BY VACANT AGRICULTURAL LAND - WITH STIPULATIONS Item #16A14 MEMORANDUM OF AGREEMENT WITH THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL FOR PUBLIC TRANSPORTATION OPERATIONS STAFF SERVICES Page 181 SEP 1 1999 Memorandum of Agreement For Public Transportation Operations Staff Services THIS MEMORANDUM OF AGREEMENT FOR PUBLIC TRANSPORTATION OPERATIONS STAFF SERVICES, hereinafter to be called the AGREEMENT, made and entered into this lqttq, day of,S'e,a~ott~,t'r', 1999 by and between the BOARD OF COUNTY COMMISSIONERS FO~. COLLIER COUNTY, FLORIDA, hereinafter called the COUNTY and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, hereinafter called the RPC. WITNESSETH: WHEREAS the COUNTY became the Community Transportation Coordinator (CTC) on an interim basis on April 2, 1999, and on a permanent basis on September 14, 1999; and WHEREAS, the COUNTY adopted a Public Transportation Development Plan (PTDP) on August 3, 1999, agreed to proceed on the transit implementation schedule outlined in the Fast Track scenario (Tables 8 and 9 of the final report), and agreed to become the Governing Agency for Transit in Collier County; and WHEREAS, the RPC has offered to provide staff services to the COUNTY in order to ensure the COUNTY meets its new operational responsibilities for public transportation; and WHEREAS, it is deemed by the parties to this Agreement to be appropriate and necessary that the duties and obligations of the RPC in relation to the COUNTY's responsibilities in public transportation operations be defined and fixed by formal agreement; NOW, THEREFORE, in consideration of the mutual covenants, premises, and representations herein, the parties agree as follows: 1~00 PURPOSE For the reasons recited in the preamble, which are hereby adopted as part hereof, this Agreement is to provide for professional services to carry out the responsibilities of the COUNTY in connection with its role as the CTC and the Governing Agency for Transit. 2.00 SCOPE OF SERVICES It is agreed by the RPC that it shall furnish the COUNTY with the professional, technical, administrative, and clerical services, including limited advisory services, the equipment, the office and other space, and such incidental items as may be required and necessary to carry out the responsibilities of the COUNTY in its role as the CTC and Governing Agency for Transit. 2.01 RPC EXECUTIVE DIRECTOR The Executive Director of the RPC shall be responsible to the COUNTY for: 1. The conduct of assigned public transportation operational duties as well as the appointment, assignment, direction, and control of all personnel necessary thereto; 2. The development of an appropriate organizational structure to carry out the responsibilities set forth in this Agreement; and 3. The development of procedures to monitor and coordinate the assigned public transportation operational duties. 2.02 RPC DUTIES In general, the RPC will assist the COUNTY in meeting its responsibilities as the CTC, as set forth in the Memorandum of Agreement between the COUNTY and the Florida Commission for the Transportation Disadvantaged (CTD), and in meeting the COUNTY's responsibilities as the Governing Agency for Transit, as set forth in the PTDP. The duties below will eventually become the responsibility of a COUNTY staff person, as authorized by the COUNTY in their August 3, 1999 meeting. Duties in connection with the COUNTY's role as the CTC include, but may not be limited to: 1. Ensure compliance with the requirements set forth in the Memorandum of Agreement between the COUNTY and the CTD, and in any agreements between the COUNTY and the Florida Department of Transportation (FDOT) involving the Transportation Disadvantaged (TD) system; 2. Utilize as much as possible the management entity for TD services in meeting the requirements above; 3. Prepare a contract between the COUNTY and the management entity for TD services; 4. Prepare requests for legal services to the County Attorney's office for review of grant applications to the CTD and FDOT, and for review of grant agreements; 5. Prepare Board of County Commission (BCC) agenda items to authorize grant applications and execute grant agreements; 6. Ensure compliance with all the requirements outlined in such grant agreements; 7. Prepare necessary budget amendments; 8. Manage the contract with the management entity for TD services; 9. Review invoices to the CTD prepared by the management entity, for COUNTY signature; 10. Review invoices from the management entity for their services to the COUNTY; 11. Ensure compliance with all FDOT requirements connected with the COUNTY's ownership of the TD bus fleet; 12. Provide advice in disputes over contractual relationships between the management entity and the vehicle operators; and 13. Represent the COUNTY at meetings of the Local Coordinating Board (LCB) for TD. 2 S EP 1 1999 Duties in connection with the COUNTY's role as the Governing Agency for Transit include, but may not be limited to: 1. Implement the recommendations found in the PTDP, following the timetable described as the Fast Track Scenario (Tables 8 and 9 in the final report); 2. Implement recommendations found in the Transit Operation Plan yet to be produced; 3. Prepare requests for legal services to the County Attorney's office for review of grant applications to the FDOT and the Federal Transit Administration (FTA) for the purchase and operation of transit equipment, and for review of grant agreements; 4. Prepare necessary budget amendments; 5. Prepare BCC agenda items to authorize grant applications and execute grant agreements; 6. Ensure compliance with all of the requirements outlined in such grant agreements; 7. Acquire transit vehicles; 8. Select a management entity to operate the transit system; 9. Prepare a contract between the COUNTY and the management entity for transit; 10. Manage the contract with the management entity for transit; 11. Manage the COUNTY's Vanpool Program; and 12. Manage the COUNTY's Commuter Assistance Program. 3.00 COMPENSATION AND PAYMENTS The RPC is hereby authorized to apply for and be reimbursed by the COUNTY for all services rendered under this Agreement as approved by the Contract Manager or their designee. The RPC will submit a monthly invoice describing the services provided in the form of a progress report and indicating the number of hours involved. Reimbursement for staff time will be at the rate of forty-three dollars ($43.00) per hour, which is inclusive of all costs except for travel. Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Florida Statutes. 4.00 INFORMATION AND REPORTS The RPC will provide all required information and reports and will permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by the COUNTY to be pertinent to ascertain compliance with applicable regulations, orders and instructions for services provided under this agreement. $EP 1 zl 1999 5.00 AMENDMENT OF AGREEMENT The RPC or the COUNTY may upon initiation of either party amend this Agreement to cure any ambiguity, defect, omission or to grant any additional powers, or to confer additional duties which are consistent with the intent and purpose of this Agreement subject to mutual agreement of such amendment by both parties. 6.00 AGREEMENT FORMAT All words used herein in the singular format shall extend to and include the plural. All words used herein in the plural shall extend to the singular. All words used in any gender shall extend to and include all genders. 7.00 SEVERABILITY Should any provision of this Agreement prove to be invalid due to current County Policies or the provisions of State of Florida or Federal law, the other terms and conditions of this Agreement shall not otherwise be affected. 8.00 AGREEMENT TERM AND TERMINATION This Agreement shall commence upon the date of award by the Board of County Commissioners and shall remain in effect unless terminated by one or both of the parties. The Agreement may be terminated for cause by the COUNTY or the RPC by giving written notice to the other party thirty (30) calendar days prior to such termination provided financial commitments made prior to the written notice of the withdrawal are effective and binding for their full term and amount regardless of withdrawal. If either party is in substantial breach of the Agreement, termination may be made thirty (30) calendar days after written notice. 9.00 PROJECT MANAGEMENT The Project Manager for the COUNTY is: Gavin Jones, P.E., Transportation Planning Manager Collier County Metropolitan Planning Organization 2800 North Horseshoe Drive Naples, Florida 34104 941-403-2400 The Project Manager for the RPC is: S/P ~ ~ [999 Wayne Daltry, Executive Director Southwest Florida Regional Planning Council P.O. Box 3455 North Fort Myers, Florida 33918-3455 941-656-7720 IN WITNESS WHEREOF, the undersigned parties have caused this Memorandum of Agreement to be duly executed on their behalf this /q'~ day of ,Ye#o~t~ 1999. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL Title: Chairman Title: Executive Director COLLIER COUNTY BOARD OF COUNTY.4 By:// ;A~ELA S. MA C'KI/ Title: Chairwoman ' Attest as to ChllI'$ slgnlture onl,y. Approved as to form and legal sufficiency Assistant County Attorney September 14, 1999 Item #16A15 MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED Page 182 Contract Effective: ,or~/tqord to_~R_~_g STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MORANDUM OF AGREEMENT This Memorandum of Agreement is between the COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, hereby referred to as the "Commission," and Collier County. Board of County. Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112 . the COMMUNITY TRANSPORTATION COORDINATOR, designated pursuant to Chapter 427, F.S., to serve the transportation disadvantaged for the community that includes the entire area of Collier county(ies), and hereafter referred to as the "Coordinator. This Agreement is made in consideration of the mutual benefits to both parties; said consideration acknowledged hereto by the parties as good and valuable consideration. The Parties Agree: I. The Coordinator Shall: Become and remain totally apprised of all of the Transportation Disadvantaged resources available or planned in their designatext service area. This knowledge will be used to plan, coordinate, and implement the most cost effective transportation disadvantaged transit system possible under the economic and other conditions that exist in the designated service area. Bo Plan and work with Community Transportation Coordinators in adjacent and other areas of the state to coordinate the provision of community trips that might be handled at a lower overall cost to the community by another Coordinator. This includes honoring any Commission-approved statewide certification program that allows for intercounty transportation opportunities. Ammge for all services in accordance with Chapter 427, Florida Statutes, and Rule 41-2, FAC, and as further required by the Commission and the local Coordinating Board approved Transportation Disadvantaged Service Plan. Rev. 7/1/99 S£P 1 !999 Return any acqukcd profits or su~p]us funds origin=ting through thc course of bus,ness as thc Coordinator that arc beyond thc amounts(s) specifica/ty identified and approved in thc accompanying Tnmspo~tion D~sadvantaged Service Plan. Such profits or funds shall bc returned to the Coordinator's transportation system or to any subsequent Coordinator, as a total transportation system subsidy, to be applied to the immediate following operational year. The Coordinator will include similar language in all coordination contracts to assure that transportation disadvantaged related revenues are put back into transportation disadvantaged services. Accomplish this Project by: Developing a Transportation Disadvantaged Service Plan for approval by the Coordinating Board and the Commission. Coordinators who are newly designated to a particular service area shall submit a local Coordinating Board approved Transportation Disadvantaged Service Plan, within 120 calendar days following the execution of the Coordinator's initial memorandum of agreement with the Commission, for approval by the Commission. All subsequent Transportation Disadvantaged Service Plans shall be submitted and approved with the corresponding memorandum of agreement. The approved Transportation Disadvantaged Service Plan will be implemented and monitored to provide for community- wide transportation services for purchase by non-sponsored transportation disadvantaged persons, contracting social service agencies, and other entities that use local, state, or federal government funds for the purchase of transportation for the transportation disadvantaged. Maximizing the use of available public school transportation resources and public fixed route or fixed schedule transit services and assuring that private or public transit, paratransit operators, and school boards have been afforded a fair opportunity to participate to the maximum extent feasible in the planning process and in the development of the provisions of the Transportation Disadvantaged Service Plan for the transportation disadvantaged. Providing or arranging 24-hour, 7-day per week transportation disadvantaged service as required in the designated service area by any Federal, State or Local Government agency sponsoring such services. The provision of said services shall be furnished in accordance with the prior notification requirements identified in the local Coordinating Board and Commission approved Transportation Disadvantaged Service Plan. Complying with all local, state, and federal laws and regulations that apply to the provision of transportation disadvantaged services. Submitting to the Commission an Annual Operating Report detailing demographic, operational, and financial data regarding coordination activities in the designated service area. The report shall be prepared on forms provided by the Commission and according to the instructions of said forms. Rev. 7/1/99 Ho Comply with Audit and Record Keeping Requirements by: S£P ! 1999 Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accounting Consortium Model Uniform Accounting System for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Community Transportation Coordinators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. Assuming the responsibility of invoicing for any transportation services arranged, unless otherwise stipulated by a purchase of service contract or coordination contract. o Maintaining and filing with the Commission, local Coordinating Board, and all purchasing agencies/entities such progress, fiscal, inventory, and other reports as those entities may require during the period of this Agreement. Providing copies of finance and compliance audits to the Commission and Coordinating Board as requested by the Commission or Coordinating Board. Reporting any accident involving a vehicle operated within the coordinated transportation system in the coordinator's designated service area. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $500 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident report or reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit 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 £mdings. The Coordinator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Commission or this Agreement. They shall have full access to and the right to examine any of the said records and documents during the retention period. Comply with Safety Requirements by: Complying with Section 341.061, F.S., and Rule 14-90, FAC, concerning System Safety; or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board; and Rev. 7/1/99 SIP '~ ~ 1999 Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing. Conduct drug and alcohol testing for safety s~sitive job positions within the coordinated system regarding pre-employment, randomization, post-accident; and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration. Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $100,000 for any one person and $200,000 per occurrence at all times during the existence of this Agreement. Upon the execution of this Agreement, the Coordinator shall add the Commission as an additional named insured to all insurance policies coveting vehicles transporting the transportation disadvantaged. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Commission. The Coordinator shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S., and 234.211, F.S. Insurance coverage in excess of $1 million per occurrence must be approved by the Commission and the local Coordinating Board before inclusion in the Transportation Disadvantaged Service Plan or in the justification of rates and fare structures. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations (45 CFR, Part 205.50), except upon order of a court, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. Protect Civil Rights by: Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Coordinator gives this assurance in consideration of and for the 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 benefiting from federal fmancial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so requested by the Commission. Coordinator shall also assure compliance with: Title 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 benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 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 benefiting from federal financial assistance. Rev. 7/1/99 4 Lo Mo SEP 1 1999 The Age Discrimination Act of 1975, as amended, 42 ~J.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities recei(,ing or benefiting from federal financial assistance. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. All regulations, guidelines, and standards lawfully adopted under the above statutes. The Americans with Disabilities Act of 1990, as it may be amended from time to time. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Coordinator, its successors, subcontractors, transferee, and assignees for the period during which such assistance is provided. Assuring that all operators, subcontractors, subgrantee, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Coordinator agrees that the Commission may, at its discretion, seek a court order requiting compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. Indemnify and hold harmless the Commission and all of the Commission's members, officers, agents, and employees; purchasing agency/entity officers, agents, and employees; and the local, state, and federal governments from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Coordinator during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which the Commission or said parties may be subject, except that neither the Coordinator nor any of its sub- contractors 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 Commission or any of its members, officers, agents or employees; purchasing agency/entity, officers, agents, and employees; and local, state, or federal governments. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency/entity or Coordinator to which sovereign immunit) may be applicable. Nothing herein shall be construed as consent by a state agency/entity o] political subdivision of the State of Florida or the federal government to be sued by third partie., in any matter arising out of any Agreement or contract. Notwithstanding the foregoing, pursuan to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required tc indenmii~, insure, or assume any liability for the Commission's negligence. Comply with standards and performance requirements of the Commission, the Coordinating Boarc approved Transportation Disadvantaged Service Plan, and any purchase of service contractin~ Rev. 7/1/99 5 SEP 1 agencies/entities. Failure to meet the requirements or obligations .s.et forth in thisMOA, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan, shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Commission. Comply with subcontracting requirements by executing or negotiating contracts for transportation services with Transportation Operators, and assuring that the conditions of such contracts are maintained. The requirements of Part 1, Paragraph E.5. through M are to be included in all contracts, subcontracts, coordination contracts, and assignments made by the Coordinator for services under this Agreement. Said contracts, subcontracts, coordination contracts, and assignments will be reviewed and approved annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Agreement. Comply with the following requirements concerning drivers and vehicles: Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle. The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheelchair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver. All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance as specified in Rule 41-2. All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are no~ equipped with an air conditioner and/or heater shall have two years to be in compliance as specified in Rule 41-2. Rev. 7/1/99 6 Comply with other requirements as follows: $£P 1 999 Transport an escort of a passenger and dependent children as locally negotiated and identified in the local Transportation Disadvantaged Service Plan. Determine locally in the Transportation Disadvantaged Service Plan, the use, responsibility, and cost of child restraint devices. Transport with the passenger at no additional charge, passenger property that can be carried by the passenger and/or driver in one trip and can be safely stowed on the vehicle. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices. 4. Provide shelter, security, and safety of passengers at vehicle transfer points. Post a local or other toll-free number for complaints or grievances inside each vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the local Coordinating Board. Provide out-of-service-area trips, when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips. Keep interior of all vehicles free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger. Determine locally by the local Coordinating Board and provide in the local Transportation Disadvantaged Service Plan the billing requirements of the Community Transportation Coordinator. Ail bills shall be paid to subcontractors within 15 calendar days after receipt of said payment by the Coordinator except in instances where the Coordinator is a non- governmental entity. Maintain or have access to a passenger/trip database on each rider being transported within the system. I0. Provide each rider and escort, child, or personal care attendant adequate seating fo~ paratransit services. No more passengers than the registered passenger seating capacit3 shall be scheduled or transported in a vehicle at any time. For transit services providec by transit vehicles, adequate seating or standing space will be provided to each rider ant escort, child, or personal care attendant, and no more passengers than the registerer passenger seating or standing capacity shall be scheduled or transported in a vehicle at an.~ time. Rev. 7/1/99 7 11. First Aid shall be determined locally and provided in the 1oc,31..Transportation Disadvantaged Service Plan. 12. Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. The Commission Shall: Recognize the Coordinator as the entity described in Section 427.011(5), Florida Statutes, and Rule 41-2.002(4), F.A.C. Attempt to insure that all entities with transportation disadvantaged funds will purchase transportation disadvantaged services through the Coordinator's system. The Coordinator and the Commission Further Agree: Nothing in this Agreement shall require the Commission to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any of the provisions of this Agreement is found by a court of law to violate any applicable state law, the purchasing agency/entity will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Coordinator to the end that the Coordinator may proceed as soon as possible with the provision of transportation services. If any part or provision of this Agreement is held invalid, the remainder of this Agreement shall be binding on the parties hereto. C. Termination Conditions: Termination at Will - This Agreement may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. Termination for Breach - Unless the Coordinator's breach is waived by the Commission in writing, the Commission may, by written notice to the Coordinator, terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, retum receipt requested, or in person with proof of delivery. Waiver by the Commission of breach of any provision of 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 term., of this Agreement, and shall not act as a waiver or estoppel to enforcement of an} provision of this Agreement. The provisions herein do not limit the Commission's righ~ to remedies at law or to damages. Renegofiations or Modifications of this Agreement shall only be valid when they have bee~ reduced to writing, duly approved by the Commission, and signed by both parties hereto. Rev. 7/1/99 Notice and Contact: SEP ! ~ !99.~ The name and address of the contract manager for the Commission for this Agreement is: Executive Director, 605 Suwannee Street, MS49, Tallahassee, FL 32399-0450. The representative/position of the Coordinator responsible for administration of the program under this Agreement is: In the event that different representatives are designated by either party after execution of this Agreement, 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 Agreement. This document has been reviewed in its entirety and approved by the local Coordinating at o M meeting 'held on - ~j~n~ ~d ~hairperson WITNESS WHEREOF, the parties hereto have caused these presents to be executed. COMMUNITY TRANSPORTATION COORDINATOR: STATE OF FLORIDA, COMMISSION FOR THE TRANSPORTATION DISADVANTAGED: T~pc/d/Name o'f Au~orized Indivi~t~al Signature: Jo Ann Hutchinson Title: Executive Director Title: .. - .~ ,. .~:~ Attes Notary Public ~" I]W~-'"~; 'X E. a~'rv'''r,,~-CLERK ~ttest ms to Chmtem~n'$ ~ ~:. ~.;. -' ,... ~;'.%: :,/~ . s t gflaturl ~ 1~. Erin E ~hepers ~.: :q MY COMMISSION $ CC70~1 EXPIRES ~ :~ ~em~r 27, 2001 C o~omm~Offi~r Stuff ARomcy, ~ Appficablc or No~ Pubic ~rm & leg~ 9 Rev. 7/~/~ ~t~tl September 14, 1999 Item #16A16 PUBLIC HEARING SET FOR DECEMBER 14, 1999 FOR CONSIDERATION OF A PROPOSED DEVELOPMENT ORDER AND ORDINANCE FOR A DEVELOPMENT OF REGIONAL IMPACT AND PUD REZONING FOR PETITIONS DRI-99-1 AND PUD-99-23 Item #16A17 TOURIST DEVELOPMENT COUNCIL FUNDING FOR NAPLES COMMUNITY SAILING CENTER REGATTA $6,000; GULF COAST RUNNERS 20K RACE $3,400; COLLIER COUNTY AIRPORT AUTHORITY ADVERTISING AND PROMOTION EXPENSES FOR FY 99-00 $77,854.70 Page 183 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GULF COAST RUNNERS CLUB, INC. REGARDING NAPLES ON THE RUN 20K RACE SCHEDULED IN SEPTEMBER 2000 THIS AGREEMENT, is made and entered into this///~ day of~y~__~ 1999, by and between the Gulf Coast Runners Club, Inc., a Florida corporation, hereinai~er referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds fi.om the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for The Naples on the Run 20K race scheduled for September 24, 2000; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of The Naples on the Run 20K race. The date(s) of the event or activity and the key participants may not be changed without an amend- ment to this Agreement as provided in Section 18. 2-- P.~X3~,]~: The amount to be paid under this Agreement shall be Three Thousand FOur Hundred Dollars ($3,400.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. 1]~,5.I,~./~_C~: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Cotu~c.il as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person 2 1999 PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all .suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE~ any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 3 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Perry Silverman, Race Director Gulf Coast Runners Club, Inc. P. O. Box 8636 Naples, Florida 34101 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a parmership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue 1999 related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AV,~II.ABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on October 1, 1999 and shall terminate on September 30, 2000. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. AVAILABILITY OF FUNDS: This Agreement is subject to budget and collection of sufficient tourist development tax funds. 17. I~QUIREDNOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual .agree~ of the parties and after recommendation by the Tourist Development Council. SEPI 1999 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 'ATTEST: DWIGHT Ei BROCK, Clerk s'jgnature onl BOARD OF COUNTY COMMISSIONERS PAMELA S. MAC KIE, Charwoman WITNESSES: Printed/Typed Name GRANTEE GULF COAST RUNNERS CLUB, INC. By: Printed/Typed Name Printed/Typed Title (corporate seal) Approved as to form and legal .sufficiency . I-Ieidi F. Ashton Assistant County Attorney h:hgXhfa\99TDC/2000 GULF COAST RUNNERS CLUB, INC. EXHIBIT "A" SEP ~ ~ 1999 THE GULF COAST RUNNERS CLUB, INC. FOR SEPTEMBER 2000 BUDGET Marketing Plan South Florida Running Fomm-3Ads Race Place Magazine-2 Ads Florida Running-2 Ads Florida Sports-1 Ad $1,200.00 800.00 1,000.00 400.00 TOTAL $3.400.00 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES COMMUNITY SAILING CENTER, INC., REGARDING SAILING REGATTA 1999 THIS AGREEMENT, is made and entered into this ./a/' day of~,~5~, 1999, by and between Naples Community Sailing Center, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a sailing regatta scheduled for November 13- 14, 1999; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide a sailing regatta. The date(s) of the event may not be changed without an amendment to this Agreement as provided in Section 17. 2. PAYMENT: The amount to be paid under this Agreement shall be Six Thousand Dollars ($6,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authoi'ization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Invoices submitted for expenditures at, er August 1, 1999 shall be eligible for payment under this Agreement. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. In addition, the following items are ineligible expenditures: 1) Annual operating expenditures not directly related to the activity or project. 2) Employment of personnel not directly related to the activity or project and not speci- fied in grant application. 3) Capital improvement, including but not limited to new construction, renovation, res- toration and installation or replacement of fixtures. 4) Purchase of tangible personal property, including but not limited to office furnishings or equipment, permanent collections or individual pieces of art. 5) Interest, or reduction of deficits or loans. Expenses incun'ed or obligated prior to or at~er project funding period. 6) Prize money, scholarships, awards, plaques,, or certificates. 7) Travel not directly associated with the project. 8) Projects which are restricted to private or exclusive participation except for invita- tional events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 9) Private entertainment, food or beverages except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 10) Making payments for goods or services purchased for previous or other events. 11) Events which are exclusively local in nature such as a parade. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. 3 GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Joe Bonness III, President Naples Community Sailing Center Naples Landing P. O. Box 1251 Naples, Florida 34106 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East 4 Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of ~ .O_~HN'~EE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. '1999 14. TERM: This Agreement shall become effective on October 1, 1999 and shall terminate on September 30, 2000. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOLrRISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event]. 16. AVP, ILABILITYOFFUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 17. REOUIREDNOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 1999 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Att&..:: ~:; "~~SSES: Printed/Type.d Name Printed/Typed Name BOARD OF COUNTY COMMISSIONERS GRANTEE NAPLES COMMUNITY SAILING CENTER, INC. Printed/Typed Name Printed/Typed Title (corporate seal) Approved as to form and I2Ieidi F. Ashton Assistant County Attorney h:hg\hfa\99tdcX,99 Naples Community Sailing Center 7 President Zee germesss Viee-Pre~dent ,Tohn 5. Meore Secretary William Mei~ner Treasurer Stephen ]. Cruise ,Tee ~' Gulf Coast 5ailing Club Philip M. Francoeur, ,Tr. Naple~ Yacht ~ub ~d M. L~ Ci~ of ~s Zo~ 5. M~ ~d C. ~hoff ~1~ ~il~g & Y~ht ~ub AI~ ~ Rffil~ ~1~ 5. 5~ non-profit EXHIBIT A Naples Community 5ailing Center Naples Landing P.O. Box Naples, FL 34~06-~§! 941.430.7171 1999 TDC Funding Request $ 3,000 National advertising in OPT/news - paid ad in November, October issues; free ad in September issue Same months full-page ads in Laser Sailor. 1,000 Printing, postage, labels for mailers to Florida, Georgia and Alabama; package will include lodging information and other destination information for the family members who are not sailing. The Laser sailors wanted information on entertainment for singles under 30. 2,000 Guest speaker honorarium, travel, per diem Last year's speaker was Gary Jobson, a nationally known sailor, racer, writer and television commentator. He spoke in the aRemoon with the children at the race site and in the evening at the Naples Sailing & Yacht Club. Both events were free and open to the public. $6,000 Total TDC request 1 1999 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY AIRPORT AUTHORITY REGARDING ADVERTISING AND PROMOTION THIS AGREEMENT, is made and entered into this//,6/ day of_~~ ,1999, by and between Collier County Airport Authority, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of Collier County nationally and internationally; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WQF~: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of Collier County. 2.' .P~kY3ff.~IX: The amount to be paid under this Agreement shall be Seventy-seven Thousand Eight Hundred Fif~y-four Dollars ($77,854.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and aahe.nising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials fi.om previous payments received t~rior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible exPenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: 13OD~L~c' INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory 2 The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEi~ shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTE~ shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: 3 Jo-Anne Learner, C.P.A., Finance Manager Collier County Airport Authority 2003 Mainsail Drive Naples, Florida 34114 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and acc, ura~t~ ::~cc,u~dng records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the fight to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the 14. TERM: This Agreement shall become effective on October 1, 1999 and shall terminate on September 30, 2000. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OF FUN~$: This Agreement is subj~t to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: ,DWIGHT E. BROCK, Clerk · i WITNESSES: Printed/Typed Name Prin~r'e d/T~'ped Name BOARD OF CO,UNTY COMMISSIONERS BY'~'-I~'EL~ S~/~/~I( IE, mC~'"~ GRANTEE COLLIER COUNTY AIRPORT AUTHORITY John H. Drury, A.A.E. Printed/Typed Name Executive Director Printed/Typed Title (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashto Assistant County Attorney h:hg/h£aJ99tdc: 1999 Collier County Airport Authority E X HIBIT A ~LXRASETLNG PROGRAM BUDGET AOPA Pilot magazine - 5 advertisements Southern Aviator magazine - 5 advertisements Sun-n-Fun ~ewspap.-r - 7 advertisements AOPA Dir:ctory- annuzl directory AC-U-KWIK - annu-~l directory Creative Him and copywriting 32,718.70 2,583.00 595.00 1,715.00 2,310.00 2,520.00 TH-fold mailers - print cost for 80,000 qu~tity Creative Copywriting FiLm and matchprints Mailing - labeling, sorrin§, certification, bar coding Mailing list Postage - bulk rate Photography 8,925.00 4,130.00 1,470.00 1,638.00 2,100.00 210.00 10,360.00 2,170.00 Trade show booth 1,750.00 Website d-sign 1,750.00 On-hold proD-am Ad performance anlysis (monitoring & reporting) 280 00 630.00 19 September 14, 1999 Item #16A18 RESOLUTION 99-342, EXPANDING THE PHYSICAL BOUNDARY OF THE IMMOKALEE ENTERPRISE ZONE PURSUANT TO THE FLORIDA EMPOWERMENT ZONE ACT Page 184 5EP 1 1999 RESOLUTION 99-~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; EXPANDING THE PHYSICAL BOUNDARY OF THE IMMOKALEE ENTERPRISE ZONE PURSUANT TO THE FLORIDA EMPOWERMENT ZONE ACT. WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, the area included in Tracts 112.03, 113, and 114 of the 1990 Census, published by the U.S. Bureau of the Census, hereafter known as the Immokalee Community, is a distressed area which exhibits unacceptable levels of poverty, unemployment, physical deterioration, and economic disinvestment; and WHEREAS, the Board of County Commission adopted Resolution #95- 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated a portion of the Immokalee Community as a State Enterprise Zone effective January 1, 1997; and WHEREAS, the Immokalee Community as part of a cooperative application with Hendry County and the Seminole Indian Tribe of Florida, was designated a Federal Rural Enterprise Community under the Empowerment Zone/Enterprise Community Initiative by the U.S. Department of Agriculture in January 1999; and WHEREAS, the State enacted a companion program to the Federal Empowerment Zone/Enterprise Community Initiative entitled the Florida Empowerment Zone Act, under Chapter 99-342, Laws of Florida, which allows State enterprise zone designations to correspond with the boundaries of federal Enterprise Communities; and WHEREAS, the entirety of Tracts 112.03, 113, and 114 are included in the Rural Enterprise Community designation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Immokalee Enterprise Zone boundary is revised to include all of Census Tracts 112.03, 113 and 114, as shown in Attachment A. $£P 1 ~ 1999 This Resolution adopted after motion, second and majodty vote favoring same. DATED: ATTEST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney 2 U1 U1 Z Z Attachment "A" S91~i 8 Zl~ J. SEP 1 ¢ ~999 o (~ September 14, 1999 Item #16A19 RESOLUTION 99-343, ENDORSING HARVEST FOR HUMANITY, INC. AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM Page 185 SEP 1/t 1999 RESOLUTION 99- 343 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING HARVEST FOR HUMANITY, INC. AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, the Board of County Commission enacted Ordinance #95- 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated the Immokalee area as a State Enterprise Zone effective January 1, 1997; and WHEREAS, the State encourages the participation of private corporations in revitalization projects by granting either partial state corporate income/franchise tax credits or insurance premium taxes to corporations that contribute resources to public redevelopment organizations for the revitalization of enterprise zones; and WHEREAS, the State authorized the Community Contribution Tax Credit Program, under Section 220.183, Florida Statutes, which allows any Flodda corporation to receive a tax credit of 50 percent of the value of the donation (not to exceed $200,000 in any one year) against any corporate income/franchise tax or insurance premium tax due for a taxable year for contributions to a State approved community development project located within the Enterprise Zone; and WHEREAS, Harvest for Humanity, Inc., a 501(c)(3) non-profit organization incorporated in the state of Florida, is located within the Immokalee Enterprise Zone and meets the criteria as a sponsoring organization under Section 220.03(1)(t), Florida Statutes; and WHEREAS, the Harvest for Humanity project is consistent with the overall intent of the Immokalee Area Master Plan, a separate element of the Collier County Growth Management Plan; and WHEREAS, Harvest for Humanity, Inc. is the sponsoring organization applying for approval of the Harvest for Humanity Project as a State approved Community Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SEP 1 Zl 1999 The Harvest for Humanity Project, as described in Attachment A, is consistent with the Collier County Growth Management Plan and the Immokalee Area Master Plan. same. This Resolution adopted after motion, second and majodty vote favodng DATED: ~'~//~ ATTEST: DWIGHT E. BROCK Attest :~s to Chairaaa'$ s tgna,tU~e only. : t,~, \~ ~, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: R~i~l-i ~. ~,shton Assistant County Attorney 2 September 14, 1999 Item #16A20 RESOLUTION 99-344, SUPPORTING ARTHREX, INC. AS A QUALIFIED APPLICANT PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $6,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 2000 THROUGH 2003 Page 186 5"EP ! 1999 RESOLUTION NO. 99.,,.344 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SUPPORTING ARTHREX, INC. AS A QUALIFIED APPLICANT PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $6,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 2000 THROUGH 2003, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a manufacturer of arthroscopic medical devices, specifically, Arthrex, Inc.; and WHEREAS, Arthrex, Inc. is located in Collier County, Florida; and WHEREAS, Arthrex, Inc. was incorporated headquarters in Collier County, Florida; and Arthrex, in 1984 with its corporate Inc. is a medical technology industry targeted by the State of Florida and Collier County for new high-wage job creation; and Arthrex, Inc. manufactures arthroscopic medical devices for orthopaedic surgeons domestically and internationally, with 93% of its sales going outside the state of Florida; and WHEREAS, Arthrex, Inc. presently employs 73 employees locally; and WHEREAS, Arthrex, Inc. will create 10 additional full-time equivalent new jobs in Collier County; and the average wage for the additional jobs will total 115% of the area's average wage; and WHEREAS, Collier County will support the State of Florida Qualified Target Industry Tax Refund Program with a 20% local match of tax refund dollars. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners hereby recommends Arthrex, Inc. be approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes, and BE IT FURTHER RESOLVED that the necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program exists in the amount of up to $6,000; that this amount will be encumbered and be available for payment from the FY 2000 Economic Diversity Program Funds for payment in the following increments: FY 2000 - $1,500; FY 2001- $1,500; FY 2002 - $1,500; FY 2003 - $1,500; and will be paid to the Florida Economic S£P 1 ~ 1999 Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by s.288.106, Florida Statutes. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: ~jDWIGHT E. BROCK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: ~man Date: Her~ ~ A--shion .... Assistant County Attorney hc/g/qtiresolution/arthrex September 14, 1999 Item #16A21 RESOLUTION 99-345 AND AGREEMENT AUTHORIZING A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ANDREE R. VOLCIMUS AT 1090 LAKE TRAFFORD ROAD, IMMOKALEE, FLORIDA Page 187 SEP 1 1999 RESOLUTION NO. 99- 345 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ANDREE R. VOLCIMUS AT 1090 LAKE TRAFFORD ROAD, IMMOKALEE, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Andree R. Volcimus is seeking a waiver of impact fees; and WHEREAS, Andree R. Volcimus will construct a three (3) bedroom unit (the "Dwelling Unit") at 1090 Lake Trafford Road in Immokalee, Collier County, Florida; which is proposed to sell for Fifty Seven Thousand Dollars ($57,000.00), and WHEREAS, the Dwelling Unit will be owned by a very low income household, and WHEREAS, Andree R. Volcimus submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated April 20, 1999 for a waiver of impact fees for the construction of a house at 1090 Lake Trafford Road, Immokalee, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WI-IEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and -1- S£P ! 999 WHEREAS, Andree R. Volcimus has qualified for an impact fee waiver based upon the following representations made by Andree R. Volcimus: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Andree R. Volcimus for one (1) house which shall be constructed at 1090 Lake Trafford Road, Immookalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by Andree R. Volcimus, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 1090 Lake Trafford Road, Immokalee, Collier County, Florida by Andree R. Volcimus: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee Correctional Facilities Impace Fee Total Impact Fees Fo 1,778.00 117.98 $ 4,290.34 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. -2- SEP 1 1999 Based upon sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to that certain mortgage loan from U.S.D.A. Rural Housing Service to Owner in the amount of $71,000.00 is necessary to obtain financing to purchase the Dwelling Unit. This Resolution adopted after motion, second and majority vote favoring same. DATED: ~j~,~ ATTEST: .~ ~;/ DWIGHT E. BROCK, Clerk )4;t~t as to Approved as to fo~ ~d legal sufficiency: Heidi F. Ashton Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~N jd/c/impfees/volcimus -3- SEP 1 ~ 1999 EXHIBIT "A" LEGAL DESCRIPTION ANDREE R. VOLCIMUS RESIDENCE LOT 10, BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- Rece~.vecl: 8/ 3/90; 0G/18/i995 'i 8:21AM; 23:39 FIR LO - -SEP 1_;~.:~,'-~ L AND S BOOK 8, PAGE 4, OF THE PUl FLOR I DA. THE PROF :IITY OF T~ LOT qq. 0 I,., W uJ O+ LOT ,,.. ~ ...,..., ~ ~./ ~./ VACANT, BL ~CK 4 LOT ~¢'-J I0 ,,~ SIR ~, ~ ~. 7 / LAKE TRAFFORD ROAD WIDE Ol I RecelveQ: USDA 7/19/99; 9:20AM; 941 907 7557 -> HUZ; #1 JUL IS 'SS S:18 FROM USDA SVC CTR/FT MYERS S£P 11 1999 PAGE. 00 1 United Del~rtlmmt Rural 3434 IL~COC~ BRIDGE PARKWAY, SUITE 209-A RORTB EORT H~;RR, ~'I. ORID& 33903-7705 TEL: 941-997-7331 FA[; 941-997-7557 July 19, I999 Collier Cou=t¥ Housing and Urban Improvement 3301Tmm4ami Trail East Naples, FL 34103 In reference go the Impact Waiver for Andres Vol¢imus the following statement is given: In order to 8ive the borrowers a mortgage loan, we will require ghat the Collier County subordinate their loan as second co Rural Development's first lien position. Sincerely, BONNIE M. ANDRIC Community Development Manager BNA/gib '~' ~e~: 2533092 OR: 2593 PG: 0713 .c,. CLSRK ?O ?H! BOARD RSCORDBD in the OFFICIAL ~CO~S of C0LLIBR COUN?Y, FL ~HBS 8.00 INTBROFHCE 4~ FLOOR 09/17/1999 at 01:59PM DMIGHT B. BROCK, CLHRK EXT 7Z40 $£p 1 1999 AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /.9L/ day of ,K~"~' , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Andree R. Volcimus, hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from tirne to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 100% waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and OR: 2593 PG: 0714 SEP1 11999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~at its regular meeting of~~~_._~ 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing fi'om the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; 2 OR: 2593 0715 $£p1 1999 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290,34 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S fights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to that certain mortgage loan from USDA Rural Housing Service to OWNER in the amount of $71,000.00. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact 3 OR: 2593 PG: 0716 SEP ! 4 fees, ~¢ CO~ shall, at ~ expense of ~¢ CO~, r~cord any n¢ccssa_ry documentation cvtd~nc{ng ~¢ tcrrnLnation of~¢ lien, including, but not l{m{tcd to, a. release of lien. 9. BIND~G HFFHCT. ~_is Agreement shall be b~ding upon ~¢ part{~s to tlnis ~g]'cemcnt and ~¢{r respective heirs, personal reDrcscntafivcs, successors and assigns. In ~¢ case of sale or trar~sfcr by ~R.of thc Dwelling Unit, ~¢ ortg{nal O'v~rNER shall rcmaJn liable for thc impact fees waived tmtil sa~d impact fees arc pa{d in full or until thc conditions set forth in ~¢ Impact F¢¢ Ordinance are satisfied. In add{tton, this Agreement shall run wi~ ~¢ la~d a. nd shall remain a lien against th~ Dwelling T,_l~t until ~¢ provts{ons of Section 8 are satisfied. 10. RJ~COR.DING. This A~cem~nt shall be recorded by OWNER at ~e expense of OVv'NER tn ~e Official Records of Collier Cotmty, Flor{da, w{t~n s{x~ ({50) days aJ~cr execution of ~s A~eemcnt by tln~ Chairman of ~¢ Board of Count), Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails ~o sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereailer fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Oniinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fiiieen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 OR: 2593 PG: 0717 S£P1 1999 Such lien shall be superior and 13aramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: /-) I~int,Name OWNER: STATE OF 5~E [¥7 ;'COG._ _ > COUNTY OF . e_ \--" ) The foregoing instrument was acknowledged before me this 6'~ day of 1999, by Andree R. Volcimus. She is personally known to me or~ FL of identification) ~ identification. ~OT~AL SEmi Si~re of Persoh~ifi~ Ac~ed~ent - ' ~ ,~t~¢'. Jean B. Volcy ' '' ~1.,>'~'~., No,, Public, S,,e of Flor,~ ~ ~j47 Commission No. CC 565208 ;~ '"~-2~'" My Co~nission Exp. 8/13~000 5 }~ ~n~ mough Fla Not~ S~c, & ~ng Co. 01~: 2593 PG: 0718 ATTEST: DWIGHT E. BROCK, Clerk Approved ~.to fo~ ~d legal sufficiency Assist~t Co~ A~omey BOARD OF COUNTY COMISSIONERS COLLI~,~,~FLORIDA jd/c/impfeedvoicimus OR: 2593 P(}: 0719 EXHIBIT 'A' LEGAL DISCRIPTION ANDREE R. VOLCIMUS LOT 10, BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 ReCelveO :, 81 3/99; 9:21AM; 0~/1B/1995 23: 3~ 8135432398 => HUI; 8135432398 G~CIA P~ 01 qq'/ ~ q~.~ VACANT LOT LOT ; ~ ~0" ~ m qq.o ~. 4 LOT At aa.sf'80'£ a~.a~' FLOR I DA. TliF. PROF 'RTY :HOIN OF l'fiE ) i. TIOHN. FLC)QO LY September 14, 1999 Item #16A22 RESOLUTION 99-346 AND AGREEMENT AUTHORIZING A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ALIEDO DORVILUS AND VELINA DORVILUS AT 5031 17T~ PLACE, S.W., GOLDEN GATE CITY, FLORIDA Page 188 S£P ! 999 RESOLUTION NO. 99-__~6~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ALIEDO DORVILUS AND VELINA DORVILUS AT 5031 17TM PLACE S. W., GOLDEN GATE CITY, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Aliedo Dorvilus and Velina Dorvilus are seeking a waiver of impact fees; and WHEREAS, Aliedo Dorvilus and Velina Dorvilus will construct a three (3) bedroom unit (the "Dwelling Unit") at 5031 17th Place S. W. in Golden Gate City, Collier County, Florida; which is proposed to sell for Ninety-One Thousand Two Hundred Fi~y Dollars ($91,250.00), and WHEREAS, the Dwelling Unit will be owned by a very low income household, and WHEREAS, Aliedo Dorvilus and Velina Dorvilus submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated July 2, 1999 for a waiver of impact fees for the construction of a house at 5031 17th Place S. W., Golden Gate City, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee -1- $£p I 1999 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Aliedo Dorvilus and Velina Dorvilus have qualified for an impact fee waiver based upon the following representations made by Aliedo Dorvilus and Velina Dorvilus: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Aliedo Dorvilus and Velina Dorvilus for one (1) house which shall be constructed at 5031 17th Place S. W., Golden Gate City, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by Aliedo Dorvilus and Velina Dorvilus, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 5031 17th Place S. W., Golden Gate City, Collier County, Florida by Aliedo Dorvilus and Velina Dorvilus: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee Correctional Facilities Impact Fee Total Impact Fees Fo 1,778.00 117.98 $ 4,290.34 -2- S£P 1 1999 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to the first mortgage loan to Owner is necessary to obtain financing to purchase the Dwelling Unit. This Resolution adopted after motion, second and majority vote favoring same. DATED: ~/~: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER Cf},UNTY, FLORIDA By: ~ P~EL~ S. I~AC~Ird"E, CHA/~OIV~'AN Approved as to form and legal sufficiency: H~i F.-A~hton ' -- Assistant County Attorney jd/c/impfees/dorvilus -3- $£P 1 ~ 1999 EXHIBIT "A" LEGAL DESCRIPTION ALIEDO DORVILUS AND VELINA DORVILUS RESIDENCE LOT 22, BLOCK 144, UNIT 4, GOLDEN GATE CITY, AS RECORDED IN PLAT BOOK 5, PAGE 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- SEP 1 1999 Received: ' , ~~ ....... . .......... ~~1'~- ~ ." ~~~1~ 1 I u,i ,, , - ~ ~: ~~ ~Y D~NME~ S~VIC~ ~ ~IGN INC. CLERK T~"?HE BOARD INTEROFFIC! 47H FLOOR ACREEMENT FOR 1OO% This Agreement for the 2533089 OR: 2593 PG: 0700 RSCORDBD in the OFFICIAL RBC0RDS o[ COLLIER COUNTY, 09/17/1999 at 01:51P# D¥IGNT E. HOC[, CLER[ RBC FIE 46.50 FL ~OFIES 10.00 SEP 1 1999 WAIVER OF COLLIER COUNTY IMPACT FEES Waiver of Impact Fees entered into this Z~...' day of ~2._~,f _., 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Aliedo Dorvilus and Velina Dorvilus, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 100% waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impaq, fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project ~a eligible for an impact fee waiver and OR: 2593 PG: 0701 SEPI 1999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~,t. tt~ at its regular meeting of ~.~. /{~r~ , 1999; and 1 WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 2 OR: 2593 PG: 0702 SEP 1 1999 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290,34 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and tifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact OR: 2593 PG: 0703 S£P 999 fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift-of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the ?mi~xact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. OR: 2593 PG: 0704 SEP 1 1999 Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: Print Name - ~ ..~'x. ~,. OWNER: ST^rE OF ) COUNTY OF O~ \X,x ~l-~ ) The foregoing instrument was acknowledged before me this _~ l'l 1999, by Aliedo Dorvilus. He is p..~qonally lcno_wn to me or produced identification) as identification. day of O.cc~~ , .(type of [NOTARIAL SEAL] Signature of Person Taking Ackn~}~vledgrnent .kp8~ O En~ OR: 2593 PG: 0705 SEPI ~ 1999 Witnesses: Print Name ~'~'X~.C_~'~._CS,.X~. Print Name v~,~ ~.. OWNER: ~e~na Dorvih~s STATE OF '"'~.~,- ) COUNTY OF C'.,.~(~ q.,t.~ ) The foregoing instrument was acknowledged before me this ~.~ dayof ~, , 1999, by Velina Dorvilus. She is personally known to me or produced ° .(type of identification) as identification. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment ~,~,o,, Pame~a O Engl~ DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency I-/iai ~ ~sh~ton A~kstant County Attorney BOARD OF COUNTY COMISSIONERS By:~NCOLLIERP COUNTY, FLORIDA jd/c/impfee/dorvi lus OR: 2593 PG: 0706 SEP I ~ 1999 EXHIBIT 'A' LEGAL DISCRIPTION ALIEDO DORVILUS AND VELINA DORVILUS LOT 22, BLOCK 144, UNIT 4, GOLDEN GATE CITY, AS RECORDED IN PLAT BOOK 5, PAGE 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 88/13/1999 13:81 9414559895 ALL AMERICAH HOMES i PAGE 82 1999 , ~ ..... -~- ~ I ,z ~ ~ ~1, ~' ~' - ~ ~ ~~ H~ INC. The Sunshine State D614.~=~'~'~.086.0 1999 The Sunshine State D614-860-59-800-0 VELINA OORVILU$ PO BOX 2030 IMMOKALEE. FL 33~34.2030 IIIRtHDATE SEX HGT, REST ENDOJ~E, O8-20.69 F' ~ R 189,UED EXPIRES [~PtlCATE SAFE DRIVER OR:' ;~. .. ;;.' ii.. ;~'.;. , /.; '. ,~?,. .);. September 14, 1999 Item #16A23 - Moved to Item #8A8 Item #16A24 - Deleted Item #16A25 FINAL PLAT OF .TERRAMAR. AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY - IN THE AMOUNT OF $252,056.20 AND STIPULATIONS Page 189 SEP 1 19 t9 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS AGREEMENT entered into this '1 ~ day of~ ~-2~by Terramar Development, Inc. (herinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (herinafter "The Board"), and ATLANTIC STATES BANK, (herinafter "Lender"). PREMISES A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat ora subdivision to be known as:Terramar B. The subdivision will include certain improvement which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Butler Engineering, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated Septemer 26, 1999 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreements is $ 72,615.20, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. SEP1 1999 NOW, THEREFORE, in consideration of the foregoing premise and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ 72,615.20 from the Construction Loan in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $ 72,615.20, from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in mounts due for work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ 23,095.20 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Service Director to the effect that: SEP 1 1999 (a) Developer for more that sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development word; and (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. S£P 1 1999 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvement, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. S£P ~ ~ 1999 IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives this [ ~4?¢"day of SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Printed n,~ e Printed name Printed name Printed name k DEVELOPMENT, INC. ATLANTIC STATES BANK Frank N. Woodward ....,~ATT~ST: , , ':' .DWIGH;I'-:E. BROCK, CLERK ': '.-:. :A,t;tdst a5; t~.~ ~a ~e~ty Clerk : .'."' s.l~.atUee 9n-($. ." .-APpr6~e&-fis to fo~ ~d "'".,~'' Legg'l ~ff~ciencv: COLLIER CO~TY A~O~EY BOARD OF COUNTY COMMISSIONERS By: BUTLER engineering, Inc. SEP 1 1999 March 7, 2000 Mr. John Houldsworth Collier County Engineering Services North Horseshoe Drive Naples, FL 34104 Re: TERRAMAR Olde Cypress PUD Collier County, Florida Dear John: Attached please find the Engineer's Cost Estimate for the plat improvements for the above referenced project: The developer of the above referenced subdivision would like to record his plat as quickly as possible. A substantial amount of construction work has been done, however, based on our recent site inspection, there are still outstanding items which will have to be bonded for plat recording purposes. We feel the required bond will be $72,615.20 based on the following. * 10% of all improvements $23,095.20 * 100% sidewalk $10,560.00 * 100% landscape & irrigation $15,000.00 * 100% lighting $15,000.00 * 100% signage & striping $ 1,250.00 * 100% second lift of asphalt $ 7,710.00 TOTAL $72,615.20 If you have any questions, please call me. Sincerely, UT ,~~Rff~..~NGINEiRING, INC. ~1 J. Landy, P.. cc: 140-07.40 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 - 1327 ENGINEER'S PERFORMANCE SECURITY ESTIMATE PROJECT: TERRAHAR @ OLDE CYPRESS DATE: 05/07/99 SEP1 lggg ITEH I DESCRIPTION WATER 8" PVC WATER LINE 8" G.V.'s CONNECT TO EX. DEAD END FIRE HYDRANT COPIPLETE 3" PVC SERVICE CONDUIT PERMANENT SAMPLE STATION TOTAL WATER QTY. UNIT 1930 LF 2 EA I EA 4 EA 800 LF ! EA COST $10.00 $500.00 $ i 50.00 $1,500.00 $5.00 $7O0.0O PRICE $19,300.00 $1,000.00 $150.00 $6,000.00 $4,000.00 $ 700.00 $31,150.00 ;111 SANITARY SEWER 8" PVC SANITARY SANITARY I"IANHOLE (0-12) SERVICES (SINGLE) SERVICES {DOUBLE) CONNECT TO EX. SYSTEM TOTAL SANITARY SEWER PAVING; I I/2" ASPHALT 6" BASE 12" STABILIZED SUBGRADE VALLEY GUTTER TYPE "A' CURB VALLEY CROSSING SIGNAGE 6z STRIPING SIDEWALK TOTAL PAVING 1753 LF 8 EA 13 EA 21 EA I EA 5,140 SY 5,140 SY 6,170 SY 3,750 LF 525 LF 90 LF ILS 1760 LF $22.00 $1,200.00 $250.00 $300.00 $500.00 $3.00 $4.00 $2.00 $7.OO $8.OO $9.00 $1,250.00 $6.00 $38,566.00 $9,600.00 $3,250.00 $6,300.00 $500.00 $58,216.00 $15,420.00 $20,560.00 $12,340.00 $26,250.00 $4,200.00 $810.00 $1,250.00 $10,560.00 $9 i,390.00 :IV DRAINAGE i 8" R.C.P. 30" R.C.P. 36" R.C.P. THROAT INLET THROAT INLET TOP JUNCTION BOX CONNECT TO EX. INLET TOTAL DRAINAGE 188 LF $20.00 $3,760.00 48 LF $32.00 $1,536.00 30 LF $40.00 $1,200.00 4 EA $1,500.00 $6,000.00 4 EA $800.00 $3,200.00 I EA $2,500.00 $2,500.00 4 EA $500.00 $2,000.00 $20,196.00 LIGHTING ILS $15,000.00 $15,000.00 VI LANDSCAPE 6: IRRIGATION I LS $15,000.00 $15,000.00 TOTAL SUBDIVISION IMPROVEMENTS ! 0% PERFORMANCE BOND $230,952.00 $23,095.20 September 14, 1999 Item #16A26 BUDGET AMENDMENT TRANSFERRING FUNDS FROM 113 RESERVES FOR FIRE PLAN REVIEW - IN THE AMOUNT OF $60,000 Item #16A27 - Deleted Item #16A28 FINAL PLAT OF "SILVER LAKES PHASE TWO -F" AND APPROVAL OF PERFORMANCE SECURITY - WITH LETTER OF CREDIT AND CASH BOND, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 190 SEP1 999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION LMPROVEMENTS entered into this AND MAINTENANCE _A.~.~T FOR SUBDMSION __. /~7/ day of .~ , 1999 between Conquest Development U.S,A., L.C., A Florida Limited Liability Company, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as thc "Board". RECITALS: A. Developer has, simultaneously ~th the deliver), of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be known as: SILVER LAKES, PHASE TWO-F B. Division 3.2. of thc Collier County Land Development Code requires the Developer to pest 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 convenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Watcr, Scwcr, Pas4ng and Drainage witlfin 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 ~' reference made a part hereof) in the amount of $21,854.34 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. I of 4 SEP 1 1999 3. in the event of default by the Dcyelopcr or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier C. mmty, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statesneat of substantial completion by i~velopcr'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 Developmeat Code. :5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with requirements of this Agreement. 6. The Developer shall maintaM 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 Direclot or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, The Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months at~er 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 or work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a 2 of 4 $EP 1 1999 statemint of substantial completion by the Developer's engineer together withtheprojec~reoords necessary for review by the Development Services Director. The Developmeat Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvemeats completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreeneat, upo~ certification of such failure, the County Admlni.~ator may call upoo the subdivisioo performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance o£ 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 co~t to the Board thereof, including, but no~ limited to, engineering, legal and contingent costs, together with any damages, either dLroc~ or consequential, which the Bo~d may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained a~c and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, thc Board and the Devcleper have caused this Agreemeat to be cxccuted by thck duly authorized representatives this_~..~'/ SIGNED, SEALED AND DELIVERED IN wireess ~ ~ day of.,_ ~ 1999. DEVELOPER Conqucst Dcvclopmcnt, U.S.A., A Florida Limited Liability Company Printed or Typed Name WilHa~fi E:'B'Hdg~4~anager Witness Printed or Typed Name 3 of 4 SEP 1 DWIGHT-B. BROC~ CL~RK -- · .. Approved ~'t~ form and {ogal BOARD OF COUNTY COMMISSIONF, RS OF Coua~ Attaca~j 1999 4 of 4 !md~c:\winword~silverlaVansub2 f. doc September 14, 1999 Item #16A29 FINAL PLAT OF .SANCTUARY POINTE AT STERLING OAKS., STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE SECURITY - IN THE AMOUNT OF $80,945.90 AND STIPULATIONS Page 191 COLLIER COUNTY LAND DEVELOPMENT CODE $EP ! 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREF, MENT FOR SUBDI~iON IMo PROVEME. NTS entered into this __ ,~ d,,ay of ~ , ~~..'~etween ~0~M,,,h~~g~ ~nafter referred to as~~pper, and t~e Board of County Commissioners of Collier Co~, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously witl~ the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: ~A~I P..To&~2.~ '~b I~ B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdi- vision regulations, said guarantees to be incorporated in a bonded agreement for the construc- tion of the required improvements. NOW, THEREFORE, in consideration of the foregoing ~)r6'-r~fises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: ~Vl within ~-- mont~s from the date of approval said subdivision plat, said improve- ments hereinafter referred to as the required improvements. 2. 'DevelOper herewith tenders its subdivision' performance security (at- tache~l hereto as Exhibit "A"..and by reference made a part hereof) in the am0u~t 0.f $J~L~:~..hi~h ~ount represents 10% of the total con- · tract/cos{ to 'c~mplete~ ~ constru~i,'dn plus 100% of the estimate cost of to .... corl~plet~:ihe:~~ improv~e'ments at the 'date of this Agreement. 3. In the event of default b~' the Developer or failure of the Developer to complete such improvements within the time required by the Land De- velopment Code, .Collier Count~, may call upon the subdivision perfor- mance security to insure satls£actory completion of the required improve- ments. , :_. · , 4. The required improvements shall not be considered complete until a state- ment of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, there- with specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no APPENDIX A-STANDARD LEGAL DOCUMENTS event shall the Development Services Director refuse preliminary ap- proval 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 Ser- vices 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 Ser- vices Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Devel- oper's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereal~er the Developer may request the Develop- ment Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a · reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for re- view 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 Ad- ministrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improve- ments. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance, of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Develope.r have caused this Agreement to be executed by their duly authorized representatives this j~w~;~ day of'.~~ .... ~J '~-~:D(~'/~.y~ SEP 1 ~ 1999 COLLIER COUNTY LAND DEVELOPMENT CODE SIGNER, SEALED AND DELI'V~RED IN [Developer Name] T P~ES NCE O~i! ~-,~/'-- ' P~e( 4r ~ed~e _~~- - ' Prin,ed or ~ed Name : -.. ;--~" ,.~.~D: Attest as to Chat~n s ~; .... p' ved to ~dle~ County 1 COLLIER COUNTY LAND DEVELOPMENT SUBDIVISION PERFORMANCE BOND - NO. 680054 $£P j ~ 11999 KNOW ALL PERSONS BY THESE PRESENTS: that Community Development of Sterling Oaks, a Florida corporation of 16690 N Tamiami Trail, Naples, FL 34110, (hereinafter referred to as "Owner") and Mid-State Surety Corporation of 102 Kercheval, Grosse Pointe Farms, MI 48236, (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Twelve thousand, eight hundred forty-eight & 501100 Dollars ($12,848.50) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Sanctuary Pointe of Sterling Oaks, and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this bond is executed and shall continue until the date of final acceptance by the County of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the Guaranty Period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion of the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this SUBDIVISION PERFORMANCE BOND to be executed this 12th day of July, 2000. Community Development of Sterling Oaks a Florida corporation j Stuart O. Kaye, President R~A orne~i=.4~ & FL Resi,~rent Agent BonData'Group Limited f 10231 Metro Pkwy., Ste. 200 / Ft. Myers, FL 33912 STATE OF FLORIDA COUNTY OF COLLIER ,~. Subscribed and sworn before me this ~ day of July, 2000, by Stuart O. Kaye known to me to be the President of Community Development of Sterl'ng Oaks,'-':---a Florida corporatio~i /~ , ^ otary Public STATE OF FLORIDA COUNTY OF COLLIER Subscribed and sworn before me this the Attorney in Fact of the Surety. .~day of July, 2000, by R.W. Burnley, known to me, and known to me to be com, o uoN (5 8 0 0 5 4 GROSS]//POINTE FARMS, MICHIGAN 48236 POWER OF ATTORNEY SEP 1 !999 Know All Men By These Presents: That the MID-STATE SURETY CORPORATION, a corporation of the State of MICHIGAN, having its principal office in fl~ City of Cm~e Poi Farms, Michigan pursuant to authority granted by a resolution of its Board of Directors, which reads as follows: Thc Prcsidcm, thc Vice President, or thc Trcasurcr of *b!~ Corporafian shall h~ve authority to sppoint in writing such aeomeys-in-f~ct, u~ business of thc Corporation may rcquirc, and to authorize such attorneys-in-fact, and cach ofthcm ~o execute on behnlf of thc Corporafi~, ~ bonds, recognizances, stipulations, contracts of indemnity and other undertakings orifice character, or to exercise any lesser ,-,tuber of said pow, as hereinbefore set forth. "Said appoinlmeals .shall be atiea'l~l by the Secretazy or a Vice Presidemt of th~ Corporation undo' its se. al. The signam~ of the Seca~aty or s, Vicc Prcsidcat to ccrt/ficd copies ofsuch powc~s of attorney may be or/g/hal or facs/m/Ic, and whca thc corporate seal/s sfCrAcd thereto, any fig party may rely on said ccrt/fi~ copies of powers of atWmey .as the act and deed of this Corpomfio- The Preddcnt, the Vice Pres/dent, or Treasm may revoke any appointm~ut made punn,~nt hereto, and revoke any and all authority confcne, d by any such appointmcnL" docs hcreby nominate, co~fimtc and appoint R.I~. Burnley its Wuc and lawfifl Attorney-in-Fact, W make, execute, seal and deliver for and on its behalf; as Su~ty, and its act and deed. Any and all bonds in a~ amount not exceeding $10,000,000.00 in any single iastance, for or on ~ of this Company, in its busha~ I~a i accordance with its charter, and to bind MID-STATE SURETY CORPORATION, thereby, and all of the acts of said Attorney-in-Fact, pm'su~ to these presents, arc hereby ratified and confumcd. IN WITNESS WHEREOF, MID-STATE SUP,.ETY CORPORATION of Orossc Pointe Farms, Michigan, has caused these presc~ to bc siguc~ by it~ proper ofhcer. and its corporate seal to be hereunto affix~ figs 10th day of jr, me .19 94. PRF..mDI~qT STATE OF MICHIGAN, COUNTY OF WAYNE Onthis ]Otb dayof , June .A.D. 19 94~per~nallyc~mebe.f~em~J~HNJ.BARRY~t~mekn~vm~betheindividu~.~and~icer~ftheMID..STATE SUP, EI~ COI~OI~kTION of Grossc Pointe Farms, Michigan, who executed the above instrument, and acknowledged thc execution of the same, and be/ng by mc duly sworn, did severally depose and say: that he is thc said officer of thc Corporation afo~_~g and the seal air. ed to thc above inslrmnent/s thc seal of the :orporat/on, and ~hat sa/d corporate seal and thc/r signatures as such officc~ were duly afl~ and subscn'bed to the sa/d instrument by the author/ty ofthe Board ~f Directors of said Corporation. September 14, 1999 Item #16B1 CHANGE ORDER TO CAMP DRESSER & MC KEE, INC. RELATED TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R, PROJECT 70859/70828 - IN THE AMOUNT OF $41,776.00 Item #16B2 BID NO. 98-2886 TO CONSTRUCT PROPOSED INTERSECTION IMPROVEMENTS AT C.R. 951 AND WHITE BLVD., PROJECT NO. 60173 - AWARDED TO BONNESS, INC. IN THE AMOUNT OF $284,986.48 Item #16B3 - Moved to Item #8B2 Item #16B4 RECYCLING & EDUCATION, WASTE TIRE, AND LITTER CONTROL AND PREVENTION GRANT AGREEMENTS AND SOLID WASTE DIRECTOR AUTHORIZED TO SIGN AGREEMENTS Page 192 S£P 1 ~ 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 September 14, 1999 Item #16B5 BIDS 99-2936, MILLING OF EXISTING ASPHALT ROADWAY; 99-2940, ASPHALT AND RELATED ITEMS; 99-2942, PURCHSE AND DELIVERY OF CONCRETE AND METAL CULVERT PIPE FOR FISCAL YEAR 1999/2000 - AWARDED TO VARIOUS VENDORS AS INDICATED IN THE EXECUTIVE SUMMARY Item #16B6 BID 98-2905, IMMOKALEE ROAD-OIL WELL ROAD INTERSECTION IMPROVEMENTS, PROJECT #66065/WORK ORDER #RCS-99-HRB-01 - AWARDED TO HARPER BROTHERS CONSTRUCTION, INC., IN THE AMOUNT OF $199,671.45 Page 193 SEP 1 1999 WORK ORDEP~ # RCS-99-HRB-01 Agreement for Roadway Contracting Services Dated: March 9, 1999 (RFP 98-2905) This Work Order # RCS-99-HRB-01 is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Immokalee/Oilwell Intersection Improvements (Project No. 66065) The work is specified in the proposal from Harper Bros Const, Inc. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # RCS-99-HRB-01 is assigned to Harper Brothers, Inc. Scope: Contractor is to supply labor and material and complete the turnkey construction of roadway intersection improvements in accordance with the plans and specifications as prepared by Hole, Montes and Associates, Inc. identified as Oilwell Road/Immokalee Road, Project No. 66065. Schedule of Work: All work is anticipated to be completed in 90 calendar days. Compensation: In accordance with Item 13 of the Agreement, the County will compensate the Firm, upon completion of the work, in accordance with the Bid Schedule received on August 23, 1999, showing a Project total of $199,671.45. Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order. SUBMITTED BY: Mitch Momtaz, P.E., ProJect l~Ianager Public Works Engineering Department DATE: REVIEWED BY: ff-4~ff Bibby, P.E., Director Public Works Engineering Department DATE: SEP1 1999 ATTEST: Dwight E. Brock, Clerk,.) .:.. ' (Deput~, Cler'~'~-/2' " :; Attest ,.:;'Lo Chairman's - iAppr°v~k~ ~l~2t~.;FO/mfl~tI ¥-; '.Legal Sufficiency: ~sdist~ Co6~ Attorney DATE: ATTEST: (Corporate Secretary) By: Typed Name and Title a S~ haiure' ' (Print Name) BOARD OF COUNTY COMMISSIONERS Collie~ ~ By: l~aZlaSTMa~'Ki'e, C;aa~r~oman w By: ~ ~va,-~"~ - Signature and Title CORPORATE SEAL Signature (Print Name) OIL WELL ROAD I IMMOKALEE ROAD SEP 1 1999 ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNITS UNIT PRICE AMOUNT 101-1 101-1-1 101-1-2 101-1-3 101-2 102-1 104-10 :~104-13 110-4 -120-1 120-6 160-4 285-706-201 300-1-1 300-1-3 331-72-10 331-72-20 425-1-201 ' 425-1-331 425-1-521 430-141-002 430-144-103 430-982-402 430-984-403 520-1-10 520-2-1 522-1 530-1 530-3-4 570-2 570-5 570-9 575-1-1 Mobilization Provide "As Built" Plans Construction Survey Preserve Survey Monuments Provide & Maintain Project Schedule Maintenance of Traffic Baled hay or straw Staked silt fence Removal of Existing Pavement Regular Excavation Embankment Type B Stabilization - 12" Limerock Base - 8" Bituminous Prime Coat Bituminous Tack Coat Type S-Ill - 1" Type S-I - 2" Inlets (Curb) (Type 9) Inlet (Type 3) Inlets (Type C) Concrete pipe Culved 14" x 23" Conc. Pipe Culvert. 19" x 30" Mitered E.S. 14" x 23" Mitered E.S. 19" x 30" Type "F" C & G Type "A" C & G Concrete Sidewalk 4" Rip Rap (Sand Cement) Rip Rap (No. 3 Ag.) Seeding and Mulch Fertilizer Water for Grass Sodding (Bahia) 1 LS I LS 1 LS 1 LS 1 LS I LS 80 EA 6,870 LF 133 SY 4,388 CY 3,488 CY 4,769 SY 4,769 SY 477 GA 573 GA 14,319 SY 3,187 SY 2 EA 1 EA 2 EA 5 LF 132 LF I EA 2 EA 217 LF 130 LF 882 SY 2.7 CY I 'LS 17,854 SY 0.19 TN 13.2 MG 1,779 SY TOTAL September 14, 1999 Item #16B7 LEWIS ENVIRONMENTAL SERVICES, INC. TO PERFORM ENVIRONMENTAL CONSULTANT SERVICES FOR CLAM BAY INTERIOR TIDAL CREEKS PHASES II & III - BUDGET AMENDMENT IN THE AMOUNT OF $85,635.00 Item #16B8 RFP #99-2929, MECHANICAL/ELECTRICAL ENGINEERING SERVICES - AWARDED TO TILDEN LOBNITZ COOPER, INC. AND ANCHOR ENGINEERING CONSULTANTS, INC. Item #16B9 RENEWAL OF THE UPLAND SAND AGREEMENT WITH BONITA GRANDE SAND COMPANY AND PAYMENT OF THE ANNUAL STOCKPILING FEE - IN THE AMOUNT OF $36,500 Page 194 September 14, 1999 Item #16B10 RESOLUTION 99-347, AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR A HIGHWAY BEAUTIFICATION COUNCIL GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PHASE "B" MEDIAN AND ROADSIDE LANDSCAPING IMPROVEMENTS ALONG S.R. 90 (U.S. 41, TANIAMI TRAIL) FROM C.R. 31 (AIRPORT-PULLING ROAD) TO C.R.864 (RATTLESNAKE HAMMOCK ROAD); AND RESOLUTION 99-348, AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LANDSCAPE INSTALLATION AND MAINTENANCE MEMORANDUM OF AGREEMENT AND A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PHASE "B" LANDSCAPING AND RELATED BEAUTIFICATION IMPROVEMENTS TO BE LOCATED ON A PORTION OF STATE ROAD 90 (U.S. 41, TAMIAMI TRAIL) BETWEEN C.R. 31 (AIRPORT- PULLING ROAD) AND C.R. 864 (RATTLESNAKE HAMMOCK ROAD) Page 195 SEP 1 1999 RZSOLUTION NO. ~9-_3_42__ A ~Z$~LUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR A HIGHWAY BEAUTIFICATION COUNCIL GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PHASE "B" MEDIAN AND ROADSIDE LANDSCAPING IMPROVEMENTS ALONG S.R. 90 (U.S. 41, TAMIAMI TRAIL) FROM C.R. 31 (AIRPORT- PULLING ROAD) TO C.R. 864 (RATTLESNAKE HAMMOCK ROAD); PROVIDING AN EFFECTIVE DATE THEREOF, WHEREAS, the median and roadside areas within the State of Florida Department of Transportation, S.R. 90 (U.S. 41, Tamiami Trail) right-of-way between C.R. 31 (Airport-Pulling Road) and C.R. 864 (Rattlesnake Hammock Road) are capable of receiving and sustaining landscape beautification improvements; and, WHEREAS, on August 3, 1999, as Agenda Item 8(B)6, the Board of County Commissioners approved a project sequence and timing plan for implementing landscape beautification improvements along S.R. 90 between S.R. 84 (Davis Boulevard) and C.R. 864 in two (2) distinct and separate phases: Phase "A" is the initial segment, between S.R. 84 and C.R. 31 ( approximately 1.2 miles) to be constructed wholly with Collier County funding; and Phase "B," which is contemplated for grant application processes, being designated as the second segment, between C.R. 31 and C.R; 864 (approximately 1.7 miles); and, WHEREAS, the Board of County Commissioners and the County Administrator desire that Collier County commence construction of Phase "B" landscape beautification improvements during Fiscal Year 2001, subsequent to closure of the July 2000, grant award cycle by the State of Florida Highway Beautification Council; and WHEREAS, the Board of County Commissioners, by adoption of this Resolution, authorize the County Administrator to apply for a Highway Beautification Grant for Phase "B" landscape improvements through the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida, hereby direct and authorize the County Administrator to prepare and submit the necessary grant application and support documentation to the State of Florida Highway Beautification Council for S.R. 90 Phase "B" landscape improvements in accordance with procedures set forth under Chapter 14-40, Florida Administrative Code. 2. The Clerk to the Board of County Commissioner is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation Bartow, Florida, as part of the Highway Beautification Council Grant application submittal. 3. This Resolution shall take effect immediately upon adoption. '., ADOPTED this _~_~__ day of September , 1999 after motion, second and majority vote favoring same. '.~ATTES'I;i~' "'%~, BOARD OF COUNTY COMMISSII~ERS ::.:' DWIGHT E. BRO~K,~~~ ~- ~ /~)y~ OFC~~ '/ ' ~~ ~A~ELA S. MAC'KIE, ~airwoman :,.~,test as to Chatr~n s ' ~ .~~[~n~ and legal sufficiency: Thomas C. Palmer Assistant County Attorney SEP1 q 1999 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LANDSCAPE INSTALLATION AND MAINTENANCE MEMORANDUM OF AGREEMENT AND A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF PHASE "B" LANDSCAPING AND RELATED BEATIFICATION IMPROVEMENTS TO BE LOCATED ON A PORTION OF STATE ROAD 90 (U.S. 41, TAMIAMI TRAIL) BETWEEN C.R. 31 (AIRPORT-PULLING ROAD) AND (:.R. 864 (RATTLESNAKE HAMMOCK ROAD) WITItIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING AN EFFECTIVI~ DATE WHEREAS, the median and roadside areas within the State of Florida Department of Transportation, S.R. 90 (U.S. 41, Tamiami Trail) road right-of-way between C.R. 31 (Airport-Pulling Road) and C.R. 864 (Rattlesnake Hammock Road) are capable of receiving and sustaining landscape beautification improvements; and WHEREAS, on August 3, 1999, as Agenda Item 8(B)6, the Board of County Commissioners approved a project sequence and timing plan for implementing landscape beautification improvements along S.R. 90 between S.R. 84 (Davis Boulevard) and C.R. 864 in two distinct and separate phases with Phase "A" being designated as that initial segment between S.R. 84 and C.R. 31 ( approximately 1.2 miles) to be constructed wholly with Collier County funding, and with Phase "B", contemplated for grant application processes, being designated as the second segment between C.R. 31 and C.R. 864 (approximately 1.7 miles); and WHEREAS, the Board of County Commissioners by this Resolution authorize the County Administrator to execute and enter into (1) a Highway Landscape Installation And Maintenance Memorandum of Agreement and (2) a Highway Beautification Grant Memorandum of Agreement, both between the Board of County Commissioners of Collier County, Florida, and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI. ORIDA, that: 1. The Board of County Commissioners of Collier County, Florida, hereby direct and authorize the County Administrator to execute and enter into (1) a Highway Landscape Installation And Maintenance Memorandum of Agreement and (2) a Highway Beautification Grant Memorandum of Agreement for Phase "B" median and roadside landscape beautification improvements along S.R. 90 between C.R 31 and C.R. 864 (approximately 1.7 miles) within unincorporated Collier County. 2. The Clerk to the Board of County Commissioner is hereby directed to forward a certified copy of this Resolution to thc Florida Department of Transportation, in Barrow, Florida, in concert with a grant Offer of Award Letter contemplated to be issued by the Florida Highway Beautification Council during July 2000. ADOPTED this ,,~'~ vote favoring same. DWIGHT E),'BRd~k, Clerk *pP}oved as ,tg-.f~'nn 'a~d legal sufficiency: Thomas C. Palmer, Assistant County Attorney This Resolution shall take effect immediately upon adoption. day of September, 1999, after motion, second and majority BOARD OF COUNTY COMMISSIONERS ~A1Vi~LA ~. MAC'KIE, Charwoman September 14, 1999 Item #16Bll BID NO. 99-2982, PHASE I/II OF THE COUNTY-WIDE AUSTRALIAN PINE REMOVAL PROJECT - AWARDED TO NATIVE TECHNOLOGIES, INC. IN THE AMOUNT OF $387,808.28 Item #16B12 AMENDMENT i TO PROFESSIONAL SERVICES AGREEMENT WITH TAMPA BAY ENGINEERING, INC. FOR ENGINEERING SERVICES DURING CONSTRUCTION OF COUNTY UTILITY RELOCATIONS IN CONJUNCTION WITH U.S. 41 WIDENING FROM MYRTLE ROAD TO OLD U.S. 41, PROJECTS 70047, 70048, AND 73048 Page 196 S£P ! 1999 SUPPLEMENT FOR ENGINEERING SERVICES DURING CONSTRUCTION, Amendment 1 to PROFESSIONAL SERVICES AGREEMENT for Relocation of Water and Wastewater Facilities for Construction of US 41 from South of Myrtle Road to Immokalee Road and from Immokalee Road to County Road 887, dated September 8, 1998 BACKGROUND The Florida Department of Transportation (FDOT) is improving U.S. Highway 41 from Myrtle Road to Old US 41 in Collier County (hereinafter referred to as OWNER). Tampa Bay Engineering, Inc. (CONSULTANT) prepared water and wastewater utility relocation plans and Technical Special Provisions for this project for the OWNER. This Scope of Work is to provide engineering services during construction and full-time construction observation of the OWNER's utility relocation work associated with the road improvements. SCOPE OF WORK TASK 1 ENGINEERING SERVICES The following items shall be performed under this task: A. Partnering Conference. Attend and participate in one partnering conference with contractor, OWNER representatives, and other appropriate parties. Bo Preconstruction Conference. Attend and participate in the pre- construction conference with contractor, OWNER representatives, and other appropriate parties. Prepare Collier County specific agenda. 08/24/99 General Consulting. CONSULTANT will act as OWNER's liaison to the Contractor(s) and FDOT during the construction phase of the projects. The CONSULTANT will issue instructions from the OWNER to Contractor(s)/FDOT. The CONSULTANT will issue interpretations and clarifications of the Contract Documents in accordance with the time frames required by the Contract Documents after such requests. CONSULTANT will have authority and obligation to require inspection and/or testing of the work in accordance with the Contract Documents, to act as initial interpreter of the requirements of the Contract Documents, and to evaluate and advise the OWNER regarding the acceptability of the Contractor's work, making recommendations on all of the Contractor's -X- J: \DOC2 \WR.GEN\COLLIENCONS3.DOC Eo O8/24/99 S£P 1 1999 claims relating to the acceptability of the JPA utility relocation work owned by the OWNER, to the interpretation of the Contract Documents, and requirements relative to the execution and progress of the work and Contract Documents. If required, the CONSULTANT will furnish in writing, additional instructions by means of drawings, or otherwise, as required for the proper execution of the work. Scope is based on an estimated average level of effort of 8 hours/week. D. Shop Drawing Review. The COI~ISULTANT will receive submittals and record date of receipt of submittals and samples furnished by Contractor, and notify OWNER's personnel of their availability for examination and transmit as appropriate. Review submittals within the times specified in the Contract Documents for compliance with the applicable requirements of the Contract Documents. CONSULTANT's review and approval or other action shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. The CONSULTANT will review the progress schedule, schedule of Shop Drawing submissions, prepared by Contractor for their applicability and compliance with the requirements of the Contract Documents. The CONSULTANT will review and approve or take other appropriate action with respect to Shop Drawings and samples, the results of tests and inspections and other data that the Contractor is required to submit. The CONSULTANT will evaluate and advise the OWNER regarding the acceptability of substitute materials and equipment proposed by Contractor(s); receive and review for compliance with the requirements of the Contract Documents, any applicable maintenance and operating instructions or manuals, schedules, guarantees, bonds and certificates of inspection that are assembled by Contractor(s) in accordance with the Contract Documents. The CONSULTANT's approval of Contractor submittals is a representation to the OWNER of the COI~ISULTANT's belief that said submittals conform to applicable requirements of the Contract Documents, unless specific written exception is taken by the CONSULTANT. Scope is based on an estimated receipt of approximately 35 shop drawings, and an estimated average of 3 hours/drawing to review. Review Change Orders. Review proposed contract Change Orders that pertain to the OWNER JPA relocations, as required. Review Monthly Pay Estimates. Based on the CONSULTANT's on-site observations of the OWNER's utility relocation work, as an experienced and qualified design professional, and on review of the FDOT Pay Item Summary Log, the accompanying data and schedules on which the Contractor's applications for payment are based, and verify the Contractor's quantities installed for the designated pay period, prior to the close of the -2- J: \ DOC2 \ WR. GEN \ COLLIENC ONS 3. DOC Go S£P 1 1999 FDOT monthly pay cycle. Recommendations of pay item quantities will constitute a representation to the OWNERfFDOT, based on such observations and review, that the work has progressed to the point indicated, that, to the best of the CONSULTANT's knowledge, information, and belief, the quality of work is in accordance with the requirements of the Contract Documents, subject to an evaluation of such work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in a written recommendation. Obtain the OWI~IER's signature indicating concurrence and return the recommended quantities to the FDOT for processing of the contractor's pay request. Weekly meetings/Site Visit. Provide a weekly visit by the Project Manager to determine if work is proceeding in accordance with the contract documents and to attend, FDOT scheduled, progress meetings with the contractor and OWNER/FDOT representatives. Scope is based on approximately 86 weekly, one-day, site visits. Project Certifications, Closeout, and Record Drawings. CONSULTANT will conduct observations at appropriate points in the project to determine if the various portions of the Project are substantially complete and, if so, the CONSULTANT will issue a written notice of substantial completion for the purpose of establishing the starting date for specific equipment warranties, and to establish the date that the OWNER shall assume the responsibility and the cost of operating such equipment. Prior to the contractor's request for final payment, the CONSULTANT will conduct a final site visit to determine if the work has been completed in accordance with the Contract Documents and if the Contractor has fulfilled all obligations so that CONSULTANT may certify and recommend in writing to the FDOT/OWNER, that to the best of CONSULTANT's knowledge and belief, the Contractor's work has been completed in accordance with the Contract Documents that the final payment to the Contractor should be issued. CONSULTANT will prepare and submit final certifications to comply with the requirements of the regulatory permitting agencies. CONSULTANT will prepare as-built/record drawings in MicroStation format, showing those changes made during the construction, based on marked-up prints, drawings and other data furnished by the contractor and maintained by the CONSULTANT's resident project representative. CONSULTANT will provide one (1) set of signed mylars and five (5) sets of blueline As- built/Record Drawings properly signed and sealed by CONSULTANT, and one (1) set of electronic files of all As-built/Record Drawings on 3.5" diskettes. The CONSULTANT will not: 08/24/99 -3- J: \DOC2 \WR. GEN \COLLIENCONS3.DOC SEP 1 zt 1999 A. Authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the OWNER. B. Undertake any of the responsibilities of the contractor, subcontractors, or contractor's superintendent. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. CONSULTANT will report observations of means and methods of construction to the OWNER as appropriate. Do Advise on, issue direction regarding or assume control over safety precautions and programs in connection with the work. CONSULTANT will, however, immediately report to the Contractor and the OWNER/FDOT any safety concerns or violations which CONSULTANT observes. E. Accept shop drawing or sample submittals from anyone other than the contractor. TASK 2 CONSTRUCTION OBSERVATION CONSULTANT will provide full-time resident construction observation services by a Resident Project Representative (RPR) under the direction of a Project Manager and a qualified Resident Engineer. The CONSULTANT is responsible for the resident construction observation services and the project management, which are provided by the CONSULTANT's employees and/or subconsultant's. Through on-site observations of the work-in-progress and field checks of materials and equipment by the RPR, the CONSULTANT will monitor the Contractor's work for compliance with the requirements of the Contract Documents, and advise the OWNER/FDOT when non-compliance is found. A. On-site Construction Observation. The RPR, as CONSULTANT's specialist, will act as directed by and under the supervision of the CONSULTANT, and shall confer with the CONSULTANT and the OWNER regarding his actions. RPR's dealings in matters pertaining to the on-site work shall be with the CONSULTANT, OWNER, and Contractor(s). Written communications with the OWNER shall be with approval of the CONSULTANT. Services to be provided by the RPR and field construction observation staff shall be as follows, but not limited to: Attend Construction Project Meetings: Attend and participate in the construction project meetings with contractor, OWNER representatives, and other appropriate parties. Arrange and conduct additional job conferences as required. Prepare, circulate and maintain action item logs from any additional meetings. -4- 08/24/99 J: \ DOC2 \ WR. GEN \ COLL IENCONS 3. DOC ;Provide Construction Observation: Conduct and record on-site observations of the wore in progress to determine if the wore is proceeding in accordance with the Contract Documents and that completed wore conforms to the Contract Documents. o Maintain Construction Records: Maintain at the job site orderly files for correspondence, reports of job conferences, submittals, samples, reproductions of original Contract Documents including all Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Agreement, clarifications and interpretations of the Contract Documents, progress reports, Requests for Information, Proposed Change Requests, Nonconformance Notices, FDOT Daily Construction Reports and other project related documents. Serve as Liaison with Contractor and the FDOT: Serve as the OWNER's liaison with Contractor and the FDOT, working principally through Contractor's Project Manager and superintendent and assist Contractor in understanding the intent of the Contract Documents. Coordinate with OWNER/FDOT: Assist in obtaining from the OWNER additional details or information when required at the job site for proper execution of the work. Coordinate Contractor's Commencement of Work Requiring Submittals: Advise Contractor and CONSULTANT immediately of the commencement of any Work requiring submittal or sample if CONSULTANT has not approved the submission. Coordinate Return of Submittals to Contractor: Record dates that submittals and samples are returned to the Contractor, with results of review and status. Review Contractor's Schedule: Review the Contractor(s) schedule as it pertains to the OWNER's JPA utility relocation work and provide comments to the FDOT. Make recommendations to the OWNER/FDOT when deficiencies in performance against schedules are not quickly remedied by the Contractor(s), as required or allowed by Contract Documents. 08/24199 10. Reject Unsatisfactory Construction Work: The CONSULTANT will have the authority to disapprove or reject work, at any time during the performance of the Work, which is defective or does not comply with the requirements of the Contract Documents; and to require special inspection or testing of the work, whether or not the work is fabricated, installed, or completed. CONSULTANT will advise the OWNER/FDOT and provide documentation to the Contractor(s) whenever any work is determined to be unsatisfactory, faulty, is determined not to conform to the Contract Documents, is observed as otherwise defective, does not meet the -5- J: \ DOC2\WR. GEN\COLLIENCONS3.DOC ! 1999 requirements of any inspections, tests, or approvals required to be made, or has been damaged prior to final acceptance; advise and provide documentation to the Contractor(s) when Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. CONSULTANT will advise the OWNER/FDOT in writing whenever any work is determined to be not in accordance with the requirements of the Contract Documents. 11. Ensure Quality Assurance: CONSULTANT will oversee materials and other testing firms and personnel utilized by the Contractor during his performance of the utility relocations for the OWNER per Section II, paragraph 3. of the Technical Special Provisions. 12. Coordinate Tests and Start-ups: RPR will consult with the Contractor in advance of scheduled major tests, inspections, or start of important phases of the work. Advise the CONSULTANT and OWNER of schedules for and changes to the schedule for testing. Verify in writing to the OWNER that tests and equipment and systems start-ups are conducted as required by the Contract Documents and operating and maintenance instructions and in the presence of the required personnel, and that Contractor(s) maintains adequate records thereof; observe, record, and report appropriate details relative to the test procedures and start-ups. 13. Manage Requests for Information: RPR will receive requests for information (RFIs) from the ContractorfFDOT. Coordinate resolution of RFIs with the OWNER and CONSULTANT then respond within the prescribed time frame. 14. Provide Clarificationsflnterpretations of Contract Documents: RPR will transmit clarifications and interpretation of the Contract Documents as required, as they pertain to the OWNER JPA relocations, to Contractor/FDOT. 15. Contractor's Change Proposals: CONSULTANT will evaluate Contractor's proposals for changes to the JPA utility relocation work. Report them with recommendations to the OWNER. The CONSULTANT will review and coordinate with the OWNER's Construction Representative, OWNER's Project Manager, and others as required to approve the need and reasons for proposed changes to the JPA utility relocation work that will result in Change Requests that the FDOT's CEI shall process. The cost estimate for this scope of services does not include extensive analysis of complex Contractor claims or associated change orders, or of OWNER-requested complex changes not due to errors and omissions of the CONSULTANT. 16. Assist in Change Negotiations: When requested by the OWNER, the CONSULTANT will assist the OWNER in negotiating Change Orders pertaining to the JPA utility relocation work with Contractor(s)/FDOT. -6- 08/24/99 J: \DOC2\WR.GEN\COLLIENCONS3.DOC S£P t a 1999 17. 18. 19. 20. 21. 22. 23. 24. 25. Prepare FDOT Daily Reports: The RPR will prepare FDOT daily reports, specifically for the JPA utility relocation work between the OWNER and the FDOT, recording units of each pay item expended, hours on the job site, weather conditions, data relative to work activities and use and location of Contractor's construction equipment and workers, list inspections and tests performed, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Submit copies of daily reports to the FDOT daily and the OWNER's Construction Representative, Project Manager weekly. Provide Progress Reports: CONSULTANT will furnish the OWNER periodic reports as required of progress of the work and Contractor's compliance with the approved progress schedule and schedule of Shop Drawing submissions. Report Accidents: Upon notification by Contractor(s), RPR will report immediately to the OWNER the occurrence of any accident. Verify Data: CONSULTANT will verify that certificates, O&M manuals, warranties, and other data required to be assembled and furnished by Contractor(s) are applicable to the items actually installed and in accordance with the Contract Documents. Review As-Built Drawings: RPR will review the Contractor's As-Built Drawings monthly to ensure Contractor is keeping adequate records as required and pre-approve the final as-built drawings to the OWNER and the CONSULTANT. Develop Punch List: Prior to the CONSULTANT's issuance of a Certificate of Substantial Completion, the RPR will evaluate the Contractor's punchlist and develop an official punchlist for Substantial Completion. Conduct Field Inspection/Final Punchlist: Conduct final construction observation site visit of the work in the company of the CONSULTANT's Project Manager, the OWNER's Construction Representative and Project Manager, and Contractor(s), and prepare a final punch list of items to be completed or corrected. Recommend Acceptance of the Work: RPR will verify if all items on final list have been completed or corrected and determine if those items are in accordance with the Contract Documents, and make recommendations to the OWNER concerning acceptance. CONSULTANT will provide books, manuals, cellular telephones and vehicles for the CONSULTANT's own forces. O8/24/99 -7- J: \DOC2 \WR.GEN\ COLLIENCONS3.DOC ~EP I 4 1999 26. Additional Engineering Construction Observation: Provide additional construction observation, as needed, to supplement the construction observation being performed continuously by the RPR, for inspection of areas requiring special expertise, such as electrical, instrumentation, and structural. The RPR will expedite obtaining decisions from the appropriate OWNER Department and communicate those decisions to the CONSULTANT. OWNER'S RESPONSIBILITIES OWNER shall provide an adequately equipped office space for the use of the RPR and other staff of the CONSULTANT, at no cost to the CONSULTANT. The field office space shall be available within 5 days of Notice of Award issuance and until 30 days after completion of the work. Bo OWNER shall designate an individual to act as the OWNER's main point of contact with the CONSULTANT for this project. This individual will be authorized to make decisions for the OWNER as needed during the project. This individual, as the OWNER representative, will attend all regular progress meetings and other meetings as necessary. SCHEDULE This supplement to the existing Professional Services Agreement, dated 9/8/98, extends the time to complete services from that given in article 4.3 of the original agreement to November 17, 2001. The work of this supplement is based on a roadway construction period of 740 days. An additional 60 days are included to complete the required record drawing deliverables. The OWNER's JPA utility relocation work effort is anticipated to last approximately 18 months but is completely contingent on the roadway contractors schedule. CONSULTANT'S COMPENSATION For the SCOPE OF SERVICES described above, being identified as AMENDMENT i to the original Professional Services Agreement, the OWNER will compensate the CONSULTANT on a time and expense basis at rates attached to this supplement as shown on Table 1. The rates shown on the attached Table 1, supercede Attachments Al, A2, A3 and A4 which were the Schedule of Fees for Basic Services including hourly costs and expenses to the original Professional Services Agreement. Monthly invoices for services will be billed based on the actual number of hours expended and the direct expenses actually incurred in accordance with the rates shown on Table 1. Subcontractor services will be billed at actual invoice costs plus a ten percent mark-up. -8- 08/24/99 J: \ DOC2\WR.GEN \ COLLIENCONS3.DOC SEP 1 1999 Should additional services be required beyond those designated in this supplemental scope of services, the cost of such services shall be billed as negotiated between the OWNER and CONSULTANT, and may be provided on a time and expense basis using the rates as shown on Table 1. ORIGINAL PROFESSIONAL SERVICES AGREEMENT Except as modified by the terms of this supplement, the original agreement between the OWNER and the CONSULTANT shall remain in full force and effect. -9- 08/24/99 J: \DOC2 \WR.GEN \ COLLIENCONS3.DOC SEP 1 ~ 1999 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for engineering services on the 14th day of September, 1999. ATTEST: ~.,.. ~)wight E. Brock~:~lerk By: ~~ ~tt~lt ~ gaat~e~l~. Date: ~~ Attest as to Chairman's Signature only. Approved as to form and Assistant Coun~rney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A .~'DLI~,AL SUSDIVXSION OF THE IA~D AS EX-OFFICIO ~o~ami~/~ ,?i~, ~.:~. ;.; :':~,.~ ~OARD OF THE COLLI~'a'C~Um'Y~W.~;ER',: Pamela S. Macq(ie, ' / By: ~ ~ ~: ~ .... Nicholas M. Zembillas, Vice President (CORPORATE SEAL) O8/24/99 -10- J: \ DOC2 \WR.GEN \ COLLIENCONS3.DOC TRUTH IN NEGOTIATION CERTIFICATE SEP 1999 In compliance with the Consultant's Competitive Negotiation Act, Section 287.055, Florida Statutes, Tampa Bay Engineering, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering services of the CONSULTANT to be provided under Amendment I of the Professional Services Agreement, concerning the Construction Services to be provided for the Relocation of Water and Wastewater Facilities on US 41 from South of Myrtle Road to Immokalee Road and from Immokalee Road to County Road 887 are accurate, complete and current as of the time of contracting. Tampa Bay Engineering, Inc. Nicholas M. Zembillas, Vice President O8/24/99 -11- J: ~ DOC2 \WR. GEN \ COLLIENCONS3.DOC S£P 1 ~, 1999 1999 September 14, 1999 Item #16B13 ACCEPTANCE OF DEPARTMENT OF ENVIRONMENTAL PROTECTION SETTLEMENT OFFER, IN THE MATTER OF GOODLAND WATER COMPANY - IN THE AMOUNT OF $1,050.00 Page 197 September 14, 1999 Item #16B14 WORK ORDER PWED-DH-09 TO D.N. HIGGINS, INC. FOR CONSTRUCTION SERVICES TO RELOCATE A 30-INCH RAW WATER VALVE NEAR WHITE AND WEBER BOULEVARDS - IN THE AMOUNT OF $176,500.00 Page 198 SEP 1 ~ 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 September 14, 1999 Item #16B15 - Moved to Item #8B3 Item #16B16 BID 99-2972, .IMMOKALEE MSTU/MSTD ROADWAY GROUNDS MAINTENANCE" - AWARDED TO COMMERCIAL LAND MAINTENANCE, INC. IN THE AMOUNT OF $133,300.00 Item #16B17 BUDGET AMENDMENT TO AMEND THE SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY STATE REVOLVING FUND LOAN BUDGET Item #16B18 LANDFILL TIPPING FEES WAIVED FOR THE COASTAL CLEAN-UP PROJECT Item #16C1 LIBRARY LONG-RANGE PLAN AND APPLICATION FOR STATE AID SUBMISSION TO FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES Page 199 Project Number FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY1999-2000 STATE AID TO LIBRARIES GRANT APPLICATION Single County Library The Board of County Commissioners , (name of library goveming body) goveming body for the Collier Countv Public Library (name of county library) hereby applies to the Division of Library and Information Services, Florida Department of State, for State Aid to Libraries grants as authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 1999 and ending September 30, 2000. Certification of Local Operating Expenditures We certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 1997, and ending September 30, 1998 (second previous fiscal year) for the operation and maintenance of a library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program We further certify that the amount listed below does not include any of the followin.q: · Funds received from the federal govemment · Funds received from the state government · Funds used for purchase or construction of a library building or library quarters Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program. Total local funds expended centrally by the library for the operat/on and maintenance of a library between October f, 1997 and September 30, 1998. (The second previous year) $ 3~797,092 Form #DLIS/SA02 Effective 4/1/98 page I of 5 Grant Agreement SEP The Applicant (Grantee) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Flodda Statutes and guidelines for the State Aid to Libraries Grant program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Flodda Statutes, andguidelines for the State Aid to Libraries Grant program Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national odgin, or sex. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Submit an audit or attestation statement pursuant to Section 11.45 and 216.349, Florida Statutes. e. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. bo Co DIVISION agrees to: Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the LegiSlature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Flodda Statutes. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant program Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. bo do There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such fight, power or remedy of Form #DLIS/SA02 page 2 of 5 Effective 4/1/98 so g. either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Flodda Statutes. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attomey fees, interest, or cost of collection. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death or damage to property, adsing out Of any activities performed under this agreement and shall investigate all claims at its own expense. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other dghts or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties or obligations under this agreement without the pdor wdtten consent of the DIVISION, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the dghts, duties and obligations under this agreement shall also be transferred to the successor government entity as if it were an odginal party to the agreement. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. This agreement shall be terminated .by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant program. The DIVISION shall provide Grantee a wdtten notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time pedod. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice Form #DLISlSA02 Effective 411/98 page 3 of 5 S£P 1 1999 no shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed pdor to notification of termination. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Flodda 32399-0250, for the State and, for the Grantee, to its single library'administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in wdting of the change of address. IV. The term of this agreement will commence on the date of the notification of grant award. THE APPLICANT/GRANTEE THE DIVISION Katherine Har~s Seeretary el State Date 'Dwight, E., B~'~.O~, Cle~r~J~ ' ~e~ ~the Cim~ Cou ,. Attest ".S 1.¢nature Approved as to form and legal sufficiency: Thomas O. Palmer Assistant County Attorney Form Effective 4/1/98 page 4 of 5 Collier County Public Library 650 Central Avenue Naples, Florida Long Range Plan Action Plans August 1999 ! SEP I ~ 1999 I. MISSION STATEMENT Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. II. GOAL, OBJECTIVES AND STANDARDS A. Goal It is the goal of the Collier County Public Library to provide a modern Public Library system that serves the informational, educational, and recreational reading and multi- media needs of residents of all ages, interests, and circumstances. B. Objective 1: Services Collier County Public Library will provide an array of services to the citizens of Collier County that are consistent with the goals, objectives and policies of the Library Advisory Board, the Collier County Board of Commissioners, and all relevant elements of the Collier County Growth Management Plan. · Standard la The Library under the approval of The Library Advisory Board shall fulfill the following roles, services and activities: · Community Information Center · Preschoolers Door to Learning · General Reference Library · Popular Material Library · Formal Education Support Center · Independent Learning Center · Research Center · Access to Modern Multi-media · Sponsor of Educational, Information, and Cultural Program & Activities · Standard lb The Library shall periodically evaluate through surveys, output measurements and patron interviews the services provided and determine if the balance of the various roles of the library are appropriate to the needs of the community. ! S£P C. Objective 2: Levels of Service-Materials The Collier County Public Library shall adopt levels of service standards in order to provide the residents of the county with a collection of Library materials that will aid in the provision of their educational, informational needs. · Standard 2a The Library book collection shall equal the standard set forth in the Growth Management Plan. · Standard 2b The periodical collection shall equal I subscription per 450 residents, with sufficient unique titles to meet the general and special interest of the community. · Standard 2c The Library shall provide current high demand audiovisual materials equal to a minimum of 50¢ per capita to meet the needs and desires of the community. · Standard 2d The Collier County Public Library shall participate in regional, statewide and national consortia or networks to enhance access to information and achieve economics by sharing resources. D. Objective 3: Levels of Service-Staff The Collier County Public Library shall adopt Levels of Service Standards to provide a Library staff that is sufficient in number and in range of expertise to provide access to the Library collection and to other information resources throughout the region, the state and the nation. The County Manager and Board of County Commissioners must approve this policy. · Standard 3a The Library shall maintain the professional Librarian staff at one per 10,000 residents. · Standard 3b The Library shall maintain the support staff at 2.5 per professional in 1996, 2.75 in 1998 and 3.00 per by the year 2000. E. Objective 4: Level of Service-Facilities · Standard 4a As per the Growth Management Plan the county shall provide minimally .33 square feet of Library facility space per capita. 2 , · Standard 4b The Library Advisory Board shall develop and maintain a long range building plan. III. LIBRARY SERVICE ROLES The Library has identified six major service roles that it plays in the community. Each role description is a shorthand method of describing what the Library is endeavoring to accomplish, who should be served, what benefits will be derived for the community and what resources are required to fulfill that role. A. FORMAL EDUCATION SUPPORT CENTER The Library assists students of all ages in meeting educational objectives established during their formal courses of study. This includes students in elementary and secondary schools, community colleges, universities, or technical schools, as well as those in training programs, adult basic education, and continuing education courses. While the Public Library does not accept primary responsibility for satisfying the information needs of students in a formal education program, it is an indispensable adjunct to the libraries found in the educational institutions. However, the Public Library does accept primary responsibility for the independent learner, the vocational training programs and other citizens involved in non-structured learning experiences 1. Benefits to the Community Citizens find material to supplement what is available in school or academic libraries. The Public Library is an alternative site when school or academic libraries are inconvenient or unavailable. In addition, the shared use of materials needed may save individuals thousands of dollars annually. 2. Resources Needed to Fulfill Role Support of a Formal Education Center requires the collection of Library materials to contain resources in all formats and educational levels through the undergraduate level. Resources include reference materials, periodicals, abstracts and indexing services, on-line databases, and access to interlibrary loan. The staff must be trained and possess a working knowledge of sources of appropriate information to meet the needs of these Library users. 3. Measurements to Evaluate Role Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. These will include: ! · User surveys · Reference completion rate · Inter-library loan activity reports · Reference activities statistical reports · Unsolicited patron comments B. INDEPENDENT LEARNING CENTER Learning is a lifelong process, and the Library supports individuals of all ages pursuing a program of learning independent of any educational provider. The Library will support individuals in their quest for self-improvement, job-related development, hobbies, and cultural interests. The staff must be capable of helping these learners identify an appropriate selection of materials, determine needed resources for the collection and actively engage in on-line research. 1. Benefits to the Community Citizens can fulfill their lifelong learning needs through an unstructured program of self-determined and self-paced study. Independent learners seeking a higher degree of employment skills can make use of the resources to advance in the workplace, improve their standard of living, and in general participate at a higher level in the community. In its simplest form, a citizen can learn to plant a garden, to fix a clock or to select the best value in the marketplace. Through this role, the Public Library supports an educated, self-reliant and productive citizenry, thus contributing to the stability, attractiveness, and economic well being of the community. 2. Resources Needed to Fulfill Role The Library collection must have a wide range of circulating subject materials relevant to the interests of independent learners of all ages. The materials must be in a variety of formats and geared to varying levels of ability. The staff must be trained and skilled in assisting both the serious and the casual learner. The Library facilities must be easy to use, have good signage, comfortable reading areas and quiet study locations. 3. Measurements to Evaluate Role Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Non fiction circulation per capita · Statistical report 'of non fiction multi-media · Patron interviews and comments · InterLibrary Loan subject and reports 4 · C. POPULAR MATERIALS LIBRARY For many people, reading is an important recreational activity. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for persons of all ages. The library must actively promote and encourage the use of its resources. 1. Benefits to the Community Library patrons have access to a wide variety of popular materials roi' reading, listening and viewing. Reading is the #1 past time in the United States. Without the Public Library individuals would have to purchase these materials. Thus the Library returns an economic benefit to those who borrow rather than buy. In addition, the library's support for cultural and leisure activities makes the community an inviting place to live in and visit. 2. Resoueces Needed to Fulfill Role The library collection must include current and popular materials in a variety of formats, with sufficient duplication to meet demand. The staff must be knowledgeable about current popular subjects, anticipate publishing trends and gauge public interest. 3. Output Measurements Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Circulation per capita · Collection turnover rate · Patron comments D. PRESCHOOLERS' DOOR TO LEARNING The Library encourages young children to develop an interest in reading and learning through services for children, services for parents and children together and services for children's care-providers. Parents and other adult caregivers can locate materials concerning reading readiness, parenting, childcare and child development. The Library promotes reading readiness from infancy, providing services for self- enrichment and for discovering the pleasures of reading and learning. Services include programs for infants, for parent and toddlers and training for parents through workshops, book talks and other parenting skill development activities. The Library provides outreach to day-care centers, the school system or the recreational and community centers. The Library specializes in reading readiness programs designed to introduce children and parents to a wide range of materials and formats. 5 SEP 1 lflg.q 1. Benefits to the Community Preschoolers have a place designed for their educational and recreational needs with trained adults to lead, guide and direct their intellectual curiosity, stimulate new interests and to instruct them in finding information. They become familiar with Library materials in a variety of formats and develop reading, listening, viewing, and thinking skills. At the Library, parents can obtain resources and services to support their efforts to develop their children's interest, experience and knowledge. For the community, the Library promotes early reading and the acceptance of reading as a normal and satisfying endeavor. This role promotes life long learning, and contributes to the community as a center for the intellectual growth for individuals of all ages. 2. Resources Needed to Fulfill Role The collection must contain a variety of materials and formats for preschoolers and for adults working with young children. The collection will provide a variety of media to help children expand their imagination and develop motor and sensory skills. New and historically popular books will be available in multiple copies. The staff must be professionally trained, knowledgeable about early childhood development and children's literature and capable of promoting reading readiness. They must have the training and ability to guide children's choices of books and other materials. In addition, they must be skilled in planning and conducting programs. The Library facilities must be in areas easily accessible to young children. Ample, inviting space must be provided for programs and story hours. The children's space must be visual and exciting, well organized, well kept and active. 3. Output Measurement to Evaluate Role a. Circulation per capita for juvenile patrons b. Visits per capita (children's population) c. Number of children's programs presented per location d. Children's program attendance per capita e. Registration per capita f. Number of parenting activities provided E. REFERENCE LIBRARY The library actively provides timely, accurate, and useful information for community residents in their pursuit of job-related and personal interests. The Library promotes on-site and telephone reference information services to assist citizens in accessing needed information for both personal and professional lives. Information provided may range from answering practical everyday questions, and specialized business related research, to answering questions about government or providing consumer informatiom in addition, the library will participate in Jnterlibrary loan and cooperative reference service to meet patron needs for information not available locally. The reference role requires the development and advancement of electronic data capabilities to allow participation in regional, statewide, and national information networks. Benefits to Community The reference collection is considered the 'heart & soul' of the library service. If practically developed, the collection provides the source data to deal with many of the informational and educational needs of a normal adult community. The scholarly benefits assist the public school student and support the educational process. A good working reference collection saves the taxpayer money and provides them with current, accurate, and easy to understand practical information. 2. Resources Needed to Fulfill Role The collection must contain a large number of practical titles, extensive serials holdings, electronic data capabilities along with an extensive array of printed and electronic abstracting, indexing and database services. The collection will contain some scholarly and technical materials; however, they will be limited to tine junior college level. The main thrust of the collection will follow the 'peoples university of practicality' concept. 3. Output Measurements to Evaluate Role a. Number of reference questions asked b Reference questions per capita c. Number of reference questions answered d. InterLibrary loan activity e. Subject studies IV. MATERIALS 1. Books The Growth Management Plan adopted by the Board of County Commissioners, calls for the development of the book collection at the rate of 1.05 books per capita. In 1994, tlne Board of County Commissioners instructed staff to increase the books per capita threshold by a rate of .05 yearly until the State mean is reached. In 1998, tine Board of County Commissioners again raised the books per capita threshold to .075 yearly. The following chart visually depicts book stock requirements as it relates to population growth. 7 YEAR GMP BOOKS ADJUSTED REQUIRED BOOK PER CAPITA POPULATION STOCK 1999-00 1.375 250,027 343,787 2000-01 1.450 260,028 377,041 2001-02 1.525 270,429 412,405 2002-03 1.600 281,246 449,994 2003-04 1.675 292,496 489,931 2004-05 1.750 304,196 532,343 2005-06 1.825 316,364 577,364 The cost of the books will be calculated based upon actual systems data and the cost projections provided through various American Library Association approved sources such as Publishers Weekly annual cost list. *At present, the actual book stock meets requirements. 2. Non book materials The Library system will continue to take advantage of new innovations and products that relate to the mission statement of the Collier County Public Library. The following areas at least through the year 2005, will continue to be developed as major non-book activities. 1) Periodicals . 2) Newspapers 3) Videos 4) Books on Tape 5) CD-ROM applications for home computers 6) Music for listening pleasure. 7) Internet 8) Electronic data bases V. STAFF The Growth Management Plan has no mechanism that addresses the need for new staff members to support the growing infrastructure envisioned by the Plan. In addition, the Library profession has no official standards to serve as guidelines for staff size. Thus, staff size is a local matter ultimately depending on the budgetary conditions of the local government and the philosophy of the County Manager and/or the Board of Commissioners. The two most accepted methods for calculating staff size are both centered on means testing. These methods are: 1) Full time equivalents (F.T.E.) per 10,000 residents 2).Circulation per employee For both of these methods there are national and state norms created. In 1995, The Library Administration adopted and presented a model for circulation per employee to the County Management and the BCC. This model was based on state and area norms. The State mean is 1 employee for every 13,890 circulations. The local area mean is 1 employee for every 15,865. This includes Lee County's standard, which is 1 employee for every 14,370 circulations. At present, because of budgetary constraints, the Collier County Library ratio is 1 employee for every 21,000 circulations. At the end of fiscal year 1996, this ratio exceeded 1-25,000 circulations. The LAB finds the ratio intolerable, but lacks the authority to mandate a pe~'sonnel standard. Projected Staff Needs for the Collier County Public Library Year Population # of # ofnon- Totalstaff Professionals pro~ssionals needed needed 1999-2000 284,000 28 84 112 2000-2001 297,000 29 87 Il6 2001-2002 ~i2,000 31 93 124 Projections are based on the American Library Association norm of 1 professional for each 10,000 citizens and 3 non-professionals for each professional. It should be noted that at present the Collier County Public Library is authorized 72 FTE's, or approximately 64% of standard. VI. FACILITIES A. AUTHORITY The Growth Management Plan adopted by the Board of County Commissioners calls fol' public Library facilities to be constructed at the rate of .33 square feet of space for each citizen. In addition, the G.M.P. provides a mechanism for the stocking of these branches by identifying books as a capital expense and creating a books per capita threshold. The G.M.P. does not provide for the daily operations of new facilities built under this S EP J !99o program. The legally constituted Library Advisory Board is required by the Board ot .... County Commissioners to approve and adopt a recommended Long Range Plan for the construction of said Library facilities as authorized by the G.M.P. In addition, the LAB also recommends the general areas for the locations of these facilities. B. POPULATION The population of Collier County in 1970 was calculated to be 38,040. This population had grown to 186,504 by 1995. According to a report by the Bureau of Economic and Business Research, Collier County's population grew by 77% during this time frame while the rest of the state grew by only 33% and the U.S. by 10%. Collier County has an estimated population density of 92.1 persons per square mile. Between 1990 and 1995, Collier County's permanent population is estimated to have increased by 35,000 people with growth continuing.at an annual rate of approximately 3%. The pace of growth is expected to continue at this level. The Collier County Public Library serves three distinct segments of this population. The largest segment is comprised of the 12-month residents. This figure is officially calculated every I0 years by the census bureau and up-dated periodically by the State of Florida. This permanent segment is estimated to be 180,000 citizens. In addition to the 12-month population, a unique feature of Collier County is another segment, which declares, for tax purposes, Collier as its home residence. These citizens are required by law to domicile within the County at least 6 months plus I day each year. This population is estimated to be about 80,000 strong. These two segments create a year round Library service population of about 260,000 people. The third segment of the population is comprised of those who Choose to only winter in Collier County; therefore, limit their stays from 30-120 days. This population can add as many as 60,000 additional citizens to the service base during the time frame referred to as "the season". One characteristic common to all three populations is their use of the public Library system. In recognition of this floating population figure, a weighted population scale was adopted as part of the growth management planning process. This scale more accurately reflects the actual user population of our public Library system. In addition to all County and State data, public Library records support the weighted population concept. For the time periods of November through May, Library usage and circulation is 30% greater than June through October. In addition, a review of internal records reveals large numbers of multi-residence users and a high number of non-resident users. Chart #1, visually depicts the estimated actual figures for our population. Chart #2, visually depicts the weighted population and square footage requirements. Chart #3, depicts our present inventory of square footage by location. 10 CHART #1 COLLIER COUNTY - Permanent Population Estimates and Projections By Planning Community (1990-2020) (April 1) Planning Communities 1990 1995 2000 2005 2010 2015 2020 North Naples 24,892 38,438 51,877 66,417 82,230 100,152 119,825 Central Naples 13,595 15,150 20,448 26,179 32,411 39,475 47,230 East Naples 19,627 21,429 28,922 37,028 45,844 55,835 66,804 South Naples 12,820 16,809 22,686 29,044 35,959 43,796 52,399 Golden Gate 18,412 25,675 34,652 44,364 54,927 66,897 80,038 Marco Island 10,975 13,146 17,743 22,716 28,124 34,253 40,982 Urban Estates 4,719 8,790 11,863 15,188 .18,804 22,903 27,402 Immokalee 15,314 18,260 24,645 31,552 39,064 47,578 56,924 Rural Estates 5,482 10,771 14,537 18,612 23,043 28,065 33,578 Corkscrew 1,229 1,419 1,9'15 2,452 3,036 3,697 4,424 Royal Fakapalm 4,992 6,101 8,235 10,543 13,053 15,897 19,020 Big Cypress 218 _24__5 ....330 422 . 523 637 762 City of Naples 19,505 20,629 21,681 22,787 25,455 26,753 28,118 Everglades City 321 538 567 597 628 661 696 County Wide Total 152,099 197,400 260,100 327,900 403,100 486,600 578,200 Source: Bureau of Economic attd Business Research Uaiversity of Florida Bulletin #111, February 1995 Note: All projectiotts based upon Bureau of Econotnic and Business Research "high" range j~gttres, attd are as of April 1. CHART #2 Square Footage Requirements via G.M.P. Year 98-99 Population 270,027 G.M.P. Square Footage 89,189 99-00 283,529 93,564 00-01 298,134 98,384 313,020 01-02 02-03 327,907 342,793 03-04 113,121 04-05 357,679 118,034 2010 403,100 133,023 $£P 14 I99 CHART #3 Present Inventory of Square Footage Branches In Place & Usable Additions Approved' Total and Funded Collier North 7,000 0 7,000 Headquarters 35,800 0 35,800 Golden Gate City 7,000 0 7,000 East Naples 6,600 0 6,600 Marco Island 11~600 0 , !,1,600 Everglades City , 900 0 900 Estates Branch 11,200 0 11,200 Immokalee 4,000 0 4,000 County Totals 78,100 0 84,100 C. FACILITY LOCATION While the G.M.P. addresses the square footage requirements for library service, it does not specifically deal with the concept of location or size, nor does it support or deny stockpiling or building for future growth. Thus, future site planning for the locations of Library Service Centers is dependent upon proper interpretation of projected population growth by area. In Collier County, a great deal of raw data pertaining to this activity is already collected, stored and interpreted by various County offices. This data is public record and available for review by all citizens. Of particular value when reviewing this data are the build-out studies, traffic flow reports and the long range planning done by Road & Bridge. In addition, many land use patterns have already been approved and permitted. Map 4/1 visually depicts the present locations of our Library Service Centers and the 12 planning communities of Collier County. D. PROJECTED POPULATION GROWTH Collier County has become increasingly popular as a primary home for many people. This growth is due to many factors of which one is our County infrastructure, which provides outstanding public services and a high quality of. It is estimated that during peak seasonal months, all planning areas except lmmokalee realize a 33% population surge. While this surge is. recognized, it is not one of the key factors used in identifying permanent population growth. It is also noted that sometimes population projections do not fulfill expectations. However, careful studies of existing PUDs and other land use project documents can lead to some very accurate forecasting of a general nature. In other words, you may not be able to identify a particular street, but you can pick a 12 neighborhood. The following chart reflects the population growth within the service radius of each branch. POPULATION PROJECTIONS BY AREA Branch Library Planning Districts Total Population Total Population Total Population Total Growth Served Within 1995 2000 2005 Radius Collier North 1-2-12 62,500 95,500 109,500 47,000 Estates Branch 8 11~000 15,000 19~000 8,000 East Naples 4-5 38,500 52,000 66,000 27,500 Golden Gate 3-8-12 46,000 61,500 77,500 3 ! ,500 Marco Island 6 · 14,000 18,000 23,000 9,000 Immokalee 10 18,000 24,000 31,000 13,000 *In the above chart, the line for rural estates, combines planning districts 8 and 12. This chart indicates that large population growth is expected in planning areas 1, 2, 3, 4, 5 and 12, during the next 10 years. Districts 1, 2 and 12 are homogeneous in location forming the Northwest boundaries of the county. A study of the building permits issued over the past several years would indicate that district 2's growth is slowing down and may be approaching build-out. However, districts I and 12, have issued permits at a rate higher than the combined rate of all the rest of the county. The two charts shown in Appendix 1 visually depict a six-year history of the building permits and the type of structures being constructed. These charts clearly indicate that the North is growing, followed closely by Golden Gate and the Estates. The third area for growth includes South Naples and Marco Island. E. POPULATION CONCLUSIONS The next step is to tie the past into the future. During the past 25 years, our County's population has grown by 150,000 people. Between 1980 and 1990, the County population grew by 77% for a 10 year average of 7.7% per year. However, from 1990-1995, the growth slowed to approximately 3% per year. It is now believed by most planners at the State and local area, that the 3% growth rate will become the norm with a full County build-out producing a population in the mid 400,000 range. A study of land use maps, a review of present zoning laws and environmental requirements and limitations, makes it very clear that growth will come and, just as important, where it will be located. Over the next 10 years, the largest population growth and construction activity will take place in the northern sector of planning district i and the Northwest sector of planning 13 district 12. Planning district 6 which is Marco Island and planning district 3 which is Golden Gate will also grow rapidly. However planning district 5, which is South Naples, will grow at about the same rate as districts 3 and 6. The following chart of housing unit projections supports this growth pattern. COLLIER COUNTY Housing Unit Projections (1990-2020) Planning Community 1990 1995 2000 2005 2010 North Naples 15,769 24,637 33,036 42,484 53,022 South Naples 8,698 11,500 15,418 19,845 24,750 Central Naples 8,279 9,561 12,820 16,486 20,574 East Naples 11,777 13,382 17,944 2,3,075 28,798 Marco Island 12,207 14,904 19,985 25,700 32,075 Golden Gate 9,672 13,048 17,496 22,499 28,080 Urban Estates 1,977 3,436 4,608 5,926 7,395 Rural Estates 1,810 3,439 4,612 5,931 7,402 Royal Fakapalm 3,014 3,745 5,022 6,458 8,060 Big Cypress 121 142 190 244 304 Corkscrew 426 507 681 875 1,092 Immokalee 4,911 6,024 8,077 10,387 12,963 Unincorporated Totals 78,661 104,325 139,889 179,910 224,515 Incorporated A.reas 1990 1995 2000 2005 2010 City of Naples 15,312 16,124 .16,874 17,624 18,374 Everglades City 192 206 212 217 223 Incorporated Totals 15,504 16,330 17,086 17,841 18,597 County Wide Totals 94,165 120,655 156,975 197,751 243,112 Note: Housing unit projections were generated by dividing high range population projections by person per total dwelling unit figures from the 1990 Census as determined by in-house population estimates. Figures based upon March, 1994 data. Source: Collier County Comprehensive Planning Section, March 1995. F. AREA LOCATIONS FOR LIBRARY SERVICE CENTERS A review of all information concerning population growth and the location of that growth clearly identifies four general areas within the Collier County borders that will most likely be effected. Those areas are: 1.) 2.) 3.) 4.) The Northwest portion of the County, (District I and 2). The Golden Gate Estates area (District 3 and 8). Marco Island (District 6). South Naples (District 5). 14 At the present time, districts 3 and 8 arc serviced by two branch Libraries, Golden Gate City with 7,000 square feet and the Estates branch, with 11,200 square feet, The projected population for this area by the year 2005 is 59,552. Using the G.M.P. factor of .33 square feet, a maximum square footage of 19,000 would be needed. The existing 18,200 (if properly maintained) should be adequate through the year 2007 or 2008. At present, the Marco Island Branch Library services district 6. The present building contains 5,600 sq. feet. In the fall of 1996, a 6,000 square foot addition will be added. Thus, 11,600 square feet of Library space will service Marco Island. The projected population for this area is 30,000. Using the G.M.P. factor of .33 indicates a modest surplus at the year 2005. If properly maintained, the new Marco facility will be capable of providing Library service through the year 2020. These calculations leave us with two remaining areas as possible locations for Library service centers. They are planning district 1 and 12 and planning districts 5 and 7. A further review of the data supports the conclusion that the largest growth will come first in the northern sectors. Thus, library construction should follow that pattern. The growth in the south, would be addressed as second in priority and scheduled to follow a northern project. An extension of this discussion is that the L.A.B. recognizes the shortcomings of the East Naples Branch Library and the shifting population of the planning districts 4 and 5. A decision concerning the future of the East Naples Branch Library would be made during the planning stages of a Southern Regional Library. G. FACILITY SIZE At present, Collier County documents call for the construction of 6,000 sq. ft. branches with 3,000 sq. ft. additions. This philosophy is outdated nationwide and has been removed from the comprehensive plans of most Florida Library Systems. The primary reason for the philosophical change has been two fold. Growing population Inability of Counties to staff multi-neighborhood branch networks. Through this document, the Library Advisory Board recommends the adoption of the Regional concept to govern new construction for the next i0 years. The adoption of this philosophy will allow Library facilities to be constructed that meet the goals of the Growth Management Plan; while at the same time have better control of the operating cost. The attached time line visually depicts the Long Range Building Plan. (Attachment #1) 15 S£P ~ ~ l.qtj~ VI. Technology A. Role of Technology in Providing Library Service: The Library recognizes the growing importance of technology in providing electronic access to worldwide sources of information for library users. Use of technology in the Library will assist the Library in fulfilling the Mission Statement adopted by the Library Advisory Board, November 1994, and will further enhance the ability of the Library to provide services for the informational, educational, recreational and cultural needs of the residents of Collier County in a timely and cost-effective manner. Integration of this Technology Plan with the Library's traditional Long Range Plan, will enable Staff to systematically plan for the effective use of information technologies currently available and those yet to be developed. B. Mission Statement/Service Vision: The Collier County Public Library Advisory Board (LAB) recognizes the growing importance of information technology in the lives of Collier County residents and in the provision of library services. Collier County Public Library will systematically collect, organize and disseminate, in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Library users will be able to access electronic resources in all Library locations, and be able to reach the Library electronically from home and office computers. Library Staff will continue to provide instruction to the Public in use of Library electronic resources, helping them identify, retrieve and organize information to meet their needs. Implementation of this Technology Plan will enable the Library to offer patron access to the Library's holdings through an on-line catalog and provide access to electronic-based information resources on both CD-ROM and the World Wide Web. All Library materials, including electronic and WEB based resources, are selected based on selection criteria as discussed in the Library's Policies. (Latest edition was amended by the Library Advisory Board. June 1998.) C. Services, Goals and Objectives: Services: The Library has been automated with the Data Research Associates system since 1992. CCPL uses the following DRA components: the on-line public catalog, acquisitions, circulation, serials, cataloging and reporting modules. Serials and acquisitions, however, 16 are used only minimally. Public dial-in access has been provided continuously since 1992. All Library locations effectively use fax machines and basic voice telephone services. Additionally, Headquarters Library uses some voice mail telephone routing. The Library provides public access to commercial databases at all Library locations. Currently titles include First Search, Books In Print, Electric Library, Novelist, America~ Business Information and EBSCO Host. Other titles are always under consideration. Headquarters Library currently provides access to some databases through the Internet. Titles include NewsBank Business. Branches provide in-house use of some cd-roms by checking them out to use on Library equipment. Cable and satellite broadcast programs are available for both staff and patrons at the Headquarters Library. Satellite system has been used for Library Staff, SWFLN and for community programs. Each Library has full, graphical Internet access for Staff and for the Public. During the busy winter season, the number of Internet workstations at each location is not adequate. Currently patrons are limited to 30-minutes use, unless no one else is waiting. We are working to increase the number of workstations at all locations. Goal: Improve Electronic Access to the Library Database, Commercial Databases and the World Wide Web The Library has met many of its goals for FY99. The automation system is now housed at the Headquarters Library, with Library Staff and commercial contractors solely responsible for its maintenance. A second Staff Member in library automation support has enable the Library to provide timely installations, upgrades and response to emergencies. This change alone has enabled the Library to provide reliable access to commercial databases through the Web. The Library has renewed its commitment to the DRA automation system and its migration to Taos. Library users will have access to electronic information, on both the WEB and CD-ROM. Electronic workstations will be available at all Library locations. Access will be available from schools, homes and offices through the Library's website. In September 1999, we will start issuing 'pin' numbers that will enable registered Library Patrons to access, many of our commercial databases from their office and home computers. Modem access to the Library OPAC has been upgraded to 56KB. Headquarters Reference Department has started offering a series of four Internet workshops/demonstrations each month. These programs are very popular and generally have long waiting lists. Vanderbilt Beach, Estates, Marco Island and Golden Gate Branches have had a least one public Intemet training session. New staff members have also been attending the Headquarters workshops, as space permits. 17 F_P Objectives: By September 30, 2000, the number of graphical public workstations will increase by 15. (From 45 to 60.) · Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. · Provide public access terminals, including dedicated wiring at these auxiliary sites. · Add electronic records for holdings of Law Library and Agricultural Extension Services Library to CCPL database, as time permits. · Update the holdings listed for the Collier County Museum Library. Goal: Provide Education for Staff and the Public in Using Electronic Resources. Objectives: · Provide at least one World Wide Web class for the Public at each Library location annually. · Provide weekly public oriev, tations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. · Provide at least one children's WEB program at each location before September 30, 2000. · Update printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by January 1, 2000. · Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. · Provide a minimum of one Internet or electronic resources searching class for all support staff annually. Goal: Optimize Library's Use of Automation Software Objectives: · Upgrade library automation to the Compaq Alpha, in August 1999. · Evaluate the ability of DRA system to continue to provide circulation and acquisitions services to Library staff and patrons. · Migrate to the new DRA Taos product, as it becomes available. · Evaluate on-line ordering to major vendors, by September 30, 1999. Goal: Provide electronic access for internal customers to commercial data bases and educational programs. Objectives: · Subscribe to DRA's Easy Access and electronic databases through Easy Access or directly from vendors. · Continue on-line subscriptions to Ebsco Host, Electric Library, Novelist, Books in Print, and American Business Information for all locations. · Add CD-ROM resources to the Branch Children's Departments, by April 2000. lOOC: 18 SEP lgg q Goal: Expand Patron and Staff Access To and Knowledge of Information Resources Beyond Collier County Public Library. Objectives: · Continue work on Library Web page to make searching easier for Library Patrons. · Link electronically to the Collier County Public Schools information network. · Link electronically to any organization that is capable of providing a listing of their collections on a computer. Organizations could include clubs, galleries and other local and regional resources. For example, Koreshan State Park is exploring digital imaging access to its collections. · Continue to work with SWFLN to link member libraries. · Provide patron authentication to enable use of commercial databases to registered Library users at their homes and offices. · Work with SWFLN and reciprocal borrowing agreements, including electronic resources. Goal: Provide lnterLibrary Loan and DataBase Searching For the Public. Objectives: · Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. · Provide Dialog and other commercial database searches for the public. Goal: Expand: Capabilities of Ethernet Network. Objectives: · Upgrade Immokalee Branch frame relay line to 128KB. Upgrade Estates Branch frame relay line if application for Gates Lab grants is successful. · Consider networking CD-ROM products on the Library System WAN, by September 30, 2000. D. Technology Needed to Provide Services and Meet Established Goals and Objectives: Much of the equipment, staff and support needed to accomplish these goals and objectives is either in place, or will be available by September 15, 1999. The generous support of several organizations and departments has laid the groundwork for meeting these goals. Library automation began with an LSCA grant many years ago to start retrospective conversion of library catalog records. The automation system was purchased in 1992 with local funds. In 1995, the Collier County Friends of the Library, Inc., providing funding for the Library to establish a link to the Internet. In FY97, a State Library of Florida FloriNet Grant enabled the Library to purchase personal computers and provide staff 19 training in graphical WEB searching. At the same time, a Collier County Government project updated routers and hubs at each Library location enabling all Branches to have some graphical WEB access. In September 1998, the Library ass~.:med sole responsibility for Library automation support. DRA is the Library ISP and provides some remote support. Equipment and wiring has been standardized and can be expanded as new libraries are built. The basic network structure can be easily up-graded as technology changes. Since we hired a second systems support staff metnber and since we hired an outside network- support vendor, we are now able to respond in a timely manner to our own automation needs 1. Equipment Inventory: See Attachment #2. 2. Assessment of Current Equipment and Services and Planned Purchases: The management of the Library network was returned to the Library in September 1998. An outside contractor provides additional technical support. The new position of Data Coordinator enables Staff to respond more quickly to service requests. The Data Coordinator and the outside contractor will enable the Library to respond more rapidly to its own automation needs. CCPL currently provides no less than a Pentium personal computer, for either Staff or the Public, though the speeds do vary greatly. Slower machines (75s) are being used only to access the graphical version of the Library catalog, or Web2. Network equipment and wiring has been standardized and can be expanded as new libraries are built. All wiring is Category 5. The basic network structure can be easily up-graded as more personal computers are added and as technology changes. Fox' example, CSU/DSUs capable of running on 128kb lines will be used as we increase the frame relay speed beyond 128kb. 3. Acquisition Plans Current Year FY01 FY02 Network Equipment 128+ CSU/DSU 2 ea. TI CSU/DSU As needed Personal Computers ·15 personal computers 50 personal computers 25 personal computers · 18 Gates computers Server .1 Alpha Server I Windows NT (Taos Server) Additional hard drive and/or · 2 Gates content servers CD-ROM server Printers ,! networked printer 6 networked printers 5 networked printers · 4 Gates printers (including I color printer) 20 SEP Line capacity · I 56kb lines to 128kb lines · Increase 128kb line if we receive Gates lab grant. · Upgrade 384kb lnternet to TI · TI between 2 large buildings · Upgrade branch frame relay as needed. Upgrade frame relay and Internet lines as needed. 4. Actual and Anticipated Funds Current Year FY01 FY02 Network Equipment $ 3,000 $ 3,000 $ 2,000 Personal Computers $ 35,000 $ lO0,000 $50,000 Server $ 45,000 $ 20,000 $ 10,000 Printers $ 1,500 $ 9,000 $25,000 Line capacity budget $ 35,000 $50,000 $75,000 While the above acquisition and funding plan may seem ambitious, special projects and circumstances should provide dedicated funding for this project. For example, FY00 funding for 18 computers and 4 network printers is being requested through the Gates Library Initiative Grants. Staff anticipates a positive response to the application. Secondly, a new Headquarters LibraD' is being planned, with completion scheduled for FY01. Construction and furnishing costs, including computers, are funded through Impact Fees. Since the project has been approved and architectural and other funds are currently being spent, we again anticipate funds will be available for the construction and equipment needed in this new facility. The major purchases and some line capacity changes listed above are the result of the new construction. The County has been very supportive of operational costs, once we have a particular service. For example, the budget for data lines is expected to grow as the data line speed is increased for Branch Libraries. Since this is an ongoing service, the County recognizes that costs will increase. This increase will be especially significant when the new Headquarters Library is opened, since the old Headquarters Library will continue as a very large branch. In order to maintain the same level of service to the old facility, a T1 line will be needed from the new Headquarters and the Library automation server. At the same time, Internet capacity will have to be increased in order to provide adequate service to staff and patrons at the new location. Therefore, Collier County Public Library, with dedicated impact fees to fund ne~v construction, is most fortunate. As the County approves new construction, it implies an agreement to fund the ongoing operational costs for that new facility. Current and Projected Aulomation Services Current During FY01 Durinll FY02 Public Internet Stations 22 +20 +22 Public PC Stations - Research* 6 +2 +5 Public PC Stations- Catalog only 0 +3 +23 21 Total Public PC Stations 28 +25 +50 Public Children's Educational Games 4 +5 +3 * Includes genealogy computers and stations with access only to commercial databases. 5. Planned/Budgeted Computer Equipment and Connections: Replace all Dec VT terminals with networked PCs when Library migrates to Taos. Replace all 56KB DSUs/CSUs with TSUs, increasing speeds to all Library locations. Add 15 PCs for Public Upgrade routers for Ti service Data/Voice Connections: Headquarters Library: - Centrex telephone lines for voice. Fax line. Dial-up lines for patron access to circulation system. 75 Category 5 Ethernet connections distributed throughout the Library. - 384 KB Internet Service from DRA. - T1 Service for Library WAN 128KB Service to County Word Processing East Naples Branch: } 3 telephone lines for voice. 1 Fax line. I 128KB line to VAX 15 Category 5 Ethernet connections Golden Gate Branch: ~ 3 telephone lines for voice. I Fax line. 1 128KB line to VAX 15 Category 5 Ethernet connections Immokalee Branch: I telephone lines for voice. I Fax line. I 56KB line to VAX 10 Category 5 Ethernet connections 22 Estates Branch: 3 telephone lines for voice. I Fax line. I 128KB line to VAX 20 Category 5 Ethernet connections Everglades City Branch: 1 telephone lines for,,oice. 1 56KB line to VAX 4 Category 5 Ethernet connections Marco Island Branch: 3 telephone lines for voice. 1 Fax line. i 128KB line to VAX 20 Category 5 Ethernet connections Vanderbilt Beach Branch: 3 telephone l. ines for voice. 1 Fax line. 1 128KB line to VAX 20 Category 5 Ethernet connections Computer Software: VMS Operating System DRA Applications Software Windows NT Server WEB2 Fortres Netscape MS Office Suite Variety of other Desktop Publishing Software WebSense SEP Maintenance Contracts: Library System software and hardware are covered by maintenance agreements with Data Research Associates. Personal computers are purchased with 3-year extended warranties. E. Staff and Public Training: Early in FY99, the Reference Department Staff embarked upon an ambitious public arid staff training program. Because of the Library's expanding public access to the Internet, they received many requests daily for Internet instruction. In response, the Reference 23 SEP lg9 Department organized a four-part Internet class, which they teach monthly. Since CCPL has no training lab, the instruction is lecture and demonstration. While this type of instruction, without the students having 'hands-on' experience, is less desirable than instruction in a computer lab, we have been able to reach many more students with some information. Through May 1999, Reference has taught approximately 32 Beginning Internet Classes, with an average of 65 students in each class. The classes were designed primarily for the public, but Library Staff attends as they have time. Additionally, the Reference Department offers a weekly 'library orientation tour'. Part of the program is a discussion and demonstration of the commercial databases to which the Library subscribes. 24 tours have been conducted for 144 patrons. Staff has been encouraged to attend SWFLN and other programs as available. The County has provided some training for supervisors in use of MS Office. The Reference Staff has been conscientious in providing training on the use of commercial databases. In 1997, DRA was invited to present a 3-day refresher training session at the Headquarters Library. This training was so successful that it will be repeated in FY00. The Reference Department Intemet lectures and demonstrations will continue monthly. We anticipate 4 classes monthly, with an average attendance of 65mincluding both patrons and staff. Approximately 60% of Library Staff also need this basic instruction. They comprise mainly clerical staff, working at Branch libraries and Headquarters Circulation, both full-time and part-time, and number about 50. Library Staff continues to take advantage of both in-house and SWFLN continuing education opportunities. 10 staff members attended a 'baby-steps' class to help learn how to use personal computers. In this locally produced program, staff members were introduced to personal computers, using a mouse and other basics. These staff members currently use 'dumb' terminals and have no 'Windows' experience. Other Library Staff teach classes such as 'Getting Started with Microsoft Excel'i'M'. This class was taught last year with 10 students participating. It is scheduled for 2 sessions during the summer. Southwest Florida Library Network (SWFLN) classes have been a great resource for Staff. Approximately 15 CCPL staff members have attended classes on PhotoShopT~L WindowsTM, MS WordTM and publishing newsletters. Intensive classes on specific programs are difficult for CCPL to produce in-house. Having SWFLN as a resource for this type of training is especially valuable for CCPL. CCPL anticipates receiving a Gates Library Initiative Grant in FY00. If received, the grant will provide a 10-station training lab. It will be located at the Estates Branch Library, with programs planned for both staff and the public. Initially, and on a continual basis, the lab will be used to provide 'hands-on' instruction for Library Staff in using the Internet and the MS OfficeTM software. As staff becomes competent and comfortable in teaching other staff, classes will be offered to the public. It is anticipated that a minimum of 3 classes per week will be offered~taUght either by Library Staff or volunteers from the public. With the capacity of 10 in each class, we should be able to provide hands-on training for at least 1,500 members of the staff and the public annually. With volunteer 24 trainers, the number of classes and participants could significantly increase. We are currently talking with two volunteer trainers to set-up specific programs. Besides using the lab for Internet and MS OfficeTM applications training, Staff will be able to use the lab for training the public on the use of the Library's commercial databases. Currently CCPL subscribes to EbscoHost Magazine Index, NewsBank Newspaper Index, Electric Library and First Search. Again, the hands-on training will be much more effective for the students. In the past, we have found that training a small core of Library volunteers to be 'experts' on a particular program has been very effective. These people have no other job than to provide assistance at the public computers. They have really enjoyed helping other Library users. As in any Library, much public training is done on an individual basis as questions arise. In fulfilling this Library role, the supervisory staff fully understands the importance of providing staff who can help the Library patrons use the electronic resources available. F. Program Publicity: As the Library moves into FY00 with increased capabilities, Staff has begun to plan a strategy to increase the use and visibility of the electronic services available at our Libraries. The Library's web address has been added very prominently to the sides of the three Library delivery and program vans, as well as to the introductory brochure given to new Library users. Work continues on making the Library home page an interesting and useful place to start web searches. G. Evaluation; Quantitative and Qualitative: Currently, all Collier County Public Library locations have public Internet access. Minimum computer configuration is a Pentium computer, with 32mgs of ram. Patrons have direct access and do not work though a Library Staff member. This includes as few as one Internet station at our smallest branch at Everglades City to 7 stations at our Headquarters Library, for a total of 31 stations today (August 1, 1999). This averages out to about I Internet station for every 6,700 County residents. This number is very dynamic, with new or used equipment being added constantly. For example, a donation of 8 Macintosh computers is waiting for additional ram and Ethernet cards before they are put into public service. Changes are being made to the Library Web page. We will include, when possible, counters to keep track of inbound traffic. We expect Web access to the Library home page to increase significantly by the end of the summer, with the help of two projects. In the first, the Library's logo and web address have been painted on the 3 book delivery vans. This will widely publicize the Library's web presence throughout the community. The second project is the September installation of the DRA Alpha server. The Library 25 gFP ~ b tqqq will then begin to issue 'pin' numbers for Library users to access their library accounts over the Web. Publicity for both projects should increase use of the Library's web site. Quantitative: Library Staff continues to refine computer workstation use procedures and the 'look' of the workstations. Customer comments, complaints and questions are the chief instigators of these changes. For example, customers seemed to be confused on which computer they were signing up for, so Staff devised a general signup for the 'next available' computer and posted 18" X 23" signs with directions. The confusion vanished. Customers were asking the same questions about getting to a browser, so the Data Coordinator changed the desktop to make the choices more obvious. Customers expressed the need for more time using the commercial databases for specific research, so Staff set up the 'research only' computer station, with the time limit increased to one hour. Counters have been set up to count the logons to our commercial databases. The systems manager keeps track and reports this figure monthly. Should Staff note an extreme of use or non-use, we will use the information as we renew subscriptions annually. Currently no subscriptions are based on simultaneous users. If this changes, we would use the statistics to increase or decrease our subscription. Using the number of hits on the Library homepage may not be an effective measurement since every user generally starts from that location. We do use sign-up sheets at most locations, and .are keeping the count of total sign-ups, though not everyone signs-up. Statistics are reported monthly. Reference reports the numbers of patrons who participate in training classes. As we start using the Gates computer-training lab in the next fiscal year, we will also keep a count of staff and the public trained. Qualitative: In some ways, qualitative information is often easier to obtain that quantitative evaluative statistics. We passively collect comments constantly, with the Public generally not being shy about saying they dislike a service or a policy. Our library automation system has always had a patron 'suggestion box'. During our text-only Internet access period, we received many comments on the service through the suggestion box. These suggestion box comments are being collected and responded to promptly, if so required. Other comments requiring no response or action will be used in the quarterly evaluations. Staff will sample and report use of equipment quarterly. Since population and use varies greatly from season to season, Staff felt that this sampling would be more valid if done quarterly, rather than annually or semi-annually. As with other changes to the Library's web page, an on-line survey will be added in a prominent location. Staff will have a print version to hand to patrons by October 1999, with the on-line version available by January 26 2000. This instrument will always be available, as a passive indication of service quality. Quarterly, the Staff will actively solicit comments from patrons. Library Administration will evaluate the data on a quarterly basis. Appropriate changes in policy, product subscriptions and classes offered will be based on the data collected. As the annual budget cycle begins in early March, the data will also be used to project costs for the budget requests. Of particular interest to the Reference Staff, which plans and presents many of the public programs, will be the surveys and evaluations of electronic resources classes presented. Information will be analyzed to enable Staff to provide the most appropriate classes with the most effective teaching methods. As with any Reference transaction, the simple question 'did this meet your needs or answer your question' will be an important and immediate evaluation tool. H. Budget Many of the start-up and retrofitting costs were expended by October 1, 1998. Though planning for simultaneous expansion of services and upgrade of equipment will always be a challenge. The attempt has been made to fund technology without pulling moneys from established Library services. This has been difficult in the area of database subscriptions. In FY98, the Library had its first separate materials line-item budget for electronic resources. The $50,000 for electronic resources did not cover all expenditures. Some Reference funds were also used. The $60,000 budgeted in FY99 also did not cover all of the needs'. $135,000 is budgeted in FY00. The State Library's support of?irst Search for all public libraries in the state has been a welcome addition to CCPL. With only First Search Lite funded currently. SWI::LN is considering funding the remaining databases. Implementation and continuation of e-rate discounts will help control telecom costs without having to use funds from other established library, services. Funds for major equipment upgrades are generally available through Library Impact Fees. All construction is funded in this manner, as well as other major projects such as a computer upgrade needed due to growth. Library Technology - Annual Costs FY00 FY01 FY02 Systems Personnel & $120,000 $135,000 $140,000 Network Support System Hardware, Software & Support $ 45,000 $ 50,000 $ 50,000 Equipment Purchases $ 25,000 $ 80,000 $ 25,000 Training $10,000 $15,000 $ 8,000 Telecommunications $ 65,000 $ 75,000 $ 80,000 TOTAL $265,000 $355,000 $303,00 (Large anticipated jump in FYO1 includes additional equipment projected for purchase for new regional library and anticipated changes at that time.) 27 Time Line and Action Plan: FY99 was a very busy year. But much progress was made, as we transitioned from County computer support to being self-sufficient. Workstations can be added without waiting weeks for a new IP number for the workstation. We have an ISP who is responsive to service issues. We have an 'expert on staff,' through our ISP, who can advise us on a variety of technical issues. With new technology-related projects for FY00, we believe the next fiscal year will be as busy. Technology Action Plan Current Year FY00 By September 30, 2000, the number of graphical public workstations will increase by 15. (From 45 to 60.) Provide at least one World Wide Web class for the Public at each Library location annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least one children's WEB program at each location annually. Update printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by January 1, 2000. Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Internet or electronic resources searching class for all support staff annually Evaluate on-line ordering to major vendors, by September 30, 1999. Continue subscriptions to on-line services such as Electric Library. EbscoHost, Novelist, American Business bt. formation, etc. Evaluate new electronic services, prioritizing and adding subscriptions as the FY00 budget permits. Add CD-ROM resources to the Young Adult and Children's Department, by January 1, 1999. Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. Consider networking CD-ROM products on the Library System WAN, by September 30, 2000. Review data collection on use of' electronic resources, adjusting priorities and programs accordingly. (Done quarterly, with emphasis on budget preparation in March and year-end in Septentber.) 28 ~EP ~ ~ 199~ ~ FYOI: Open new Headquarters Library, with TI, or better, Internet service. Add T1 connection between old and new Headquarters Building. Upgrade Branch frame relay connections as needed. Open computer-training lab at new Headquarters. Re-evaluate electronic subscriptions. Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. Add electronic records for holdings of Law Library and Agricultural Extension Services Library to CCPL database, as time permits. Provide at least two World Wide Web classes for the Public at each Branch Library annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least one children's WEB program at each location annually. Update Library web page. Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Internet or electronic resources searching class for all support staff annually Provide additional CD-ROM resources to the Young Adult and Children's Department. Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. Replace dumb terminals with PC workstations. Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on budget preparation in March and year end in September.) ~' FY02: Add public access terminals to remaining facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. Provide at least three World Wide Web classes for the Public at each Library .annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least two children's WEB programs at each location annually. Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. 29 Provide a minimurt of one !nternet or electronic resources searching class for all support staff annually Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. Add at least one workstation to each Branch library and three workstations to Headquarters. Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on budget preparation in March and year end in September.) 3O General Work Plan FYO0 Collier County Public Library has two major focuses during FY00. The first is apparent from the Technology Plan and Action Plan. FY99 will concentrate on making library automation more usable for Staff and Patrons, as detailed above. The second focus will be planning for the new Headquarters Library. Arrange funding through regular County loan procedures, with Impact Fees pledged to repay the note. Marco Island construction note will be paid by January 2000. Architectural plans will be completed by November 1999. Construction will start shortly after July 1, 2000. Hire Public Services Librarian, Children's Librarian and Secretary for new building. They will start in July 2000. Start collection development for new building. Additional Areas of Concentration Include: Increasing adult and children's programming at all locations. Continue work on revising Impact Fee Ordinance. Repeat the popular Festival of the Humanities. Hold first annual children's storytelling festival in partnership with a local private school. Review library policies. Continue to encourage and support the Friends. Continue staff CE programs. Continue support of SWFLN. Implement Gates Library Foundation grants. Secure site for new South Regional Library. Implement I & R position in Immokalee. Work Plan FY01 Complete construction of new Headquarters Library, and open facility by Fall, 2001. Obtain grant funding to enlarge the Immokalee Branch Library and start construction. 31 Continue public educational programs started with Gates Foundation equipment. Complete plan and obtain approval for staff position upgrades. Plan for complete migration to DRA's Taos system and secure funding. Work Plan FY02 Complete construction of Immokalee addition. Partner with other agencies in Immokalee to provide job training in newly renovated facility. Obtain grant funding to enlarge the Immokalee Branch Library and start construction. Complete migration to Taos, and remove all dumb terminals. ATTEST: (As to Chairman) ~ ,~;0.!., tawe~gtq~t E. BrOck, Clerk sTATE'" "- ' ~pprov~d as to form and Legal sufficiency: ~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE OF F~,q/~/~ Pamela S. Mac'Kie, Chair6Yman Witness Witness 32 Z n- ! Z 0 Z :3 n'- I- Z 0 ATTACI~NT #2 Collier County Public Library ~p ,! ~ Computer Inventory S DIG VT520 NA EB-(13) Back office room S GTVVY E-3110 PENTIUM 300 EB-(14) Back office area S DIG VT420 NA EB-(23)Video counter P DIG VT510 NA EB-(27) Pub East group SW P DIG VT510 NA EB-(28)Pub East group NW P DIG VT510 NA EB-(29)Public front table North P GTWY E-1000N PENTIUM 233 EB-(30)Public front table South S DIG VT420 NA EB-(31 )Circ Center S DIG VT420 NA EB-(32)Circ North S DIG VT420 NA EB-(33)Circ South P DIG VT510 NA EB-(36)Childrens North P DIG VT510 NA EB-(38) Pub East group S P DIG VT510 NA EB-(39) Pub East group N P ZEOS 486 486 EB-(40) Childrens South P GTWY P5-133 PENTIUM 133 EB-(47) Public NE group South P GTWY P5-75 PENTIUM 75 EB-(487) Public NE group North S MAC LC575 mac S DIG VT509 NA S GTWY E-3110 PENTIUM II 30( EB-Back office area ~EB-EXTRA IN BACK S DIG VT420 NA EN-CHEX-Becky & Sally EN-CIRC 1 Nodh S DIG VT420 NA EN-CIRC 2 Center S DIG VT420 NA EN-CIRC 3 South P GTVVY E-1000N PENTIUM 233 EN-Publicl NW (PC) GTWY PENTIUM 133 P PENTIUM II 300 P5-133 S GTWY P5-133 PENTIUM 133 P DIG VT420 NA P DIG VT420 NA P DIG VT420 NA P GTVVY P5-75 PENTIUM 75 S MAC 7100/66 S GTWY E-3110 EN-Public2 Center W (PC) EN-Public3 EN-Pubiic4 SE (VT) EN-Public5 NE (VT) EN-Public6 Childrens (VT) EN-Public7 Catalog Only EN-Staff CHEX (MAC) EN-Staffl Branch MGR (PC) JANE MARTIN S DIG VT420 NA EN-Staff2 Back office (VT) S DIG VT417 ,NA EN-Staff3 Childrens/Ext (VT) P [ G'I-WY P5-133 IPENT~UM 133 EVCity- S GTWY P5-72 IPENTIUM 72 IEVC ty- GTWY P4D-3377 GG-?? S DIG VT420 NA S DIG VT420 NA P DIG VT420 NA P GTVVY E-1000N PENTIUM 233 P DIG VT420 NA P DIG VT420 NA GG-Circ/North GG-Circ/South GG-Public/Childrens GG-Public/Main Center GG-Public/Main North GG-Public/Main South P DIG VT420 NA GG-Public/Reference Room P GTVVY P5-75 PENTIUM 75 GG-PublictReference Room (15) S DIG VT420 NA GG-Staff/Back office S MAC LC630 GG-Staff/Back office S GTVVY P5-133 PENTIUM 133 GG-Staff/Circ Center Page 1 of 4 Collier County Public Library Computer Inventory S GTWY E-3107 PENTIUM II 297 GG-Staff/Manager back office S GTWY P5-75 PENTIUM 75 HQ S GTWY P5-75 PENTIUM 75 HQ S MAC QUADRA 610 HQ-ADMIN MAC CUBE S GTWY E-3110 PENTIUM II 300 HQ-ADMIN-JOHN S GTWY P5-133 PENTIUM 133 HQ-ADMIN-LUCY S MAC POWERPC- HQ-ADMIN-MAC CUBE 5410/120 S MAC HQ-ADMIN-MARILYNM S GTWY P5-133 PENTIUM 133 HQ-ADMIN-SUSAN S MAC POWERMAC HQ-Childrens ANKY 7200/120 S DIG VT420 NA HQ-CHILDRENS CIRC S DIG VT420 NA HQ-CHILDRENS OFFICE ANKY S MAC SUPERMAC HQ-Childrens Pamela 500 P MAC POWERMAC HQ-Childrens Public S DIG VT420 NA HQ-CIRC1 NW S DIG VT420 NA HQ-CIRC2 NE S DIG VT420 NA HQ-CIRC3 EAST S DIG VT420 NA HQ-CIRC4 S©UTH-EAST S DIG VT420 NA HQ-CIRC5 SOUTH-WEST S DIG VT420 NA HQ-CIRC6 VIDEO S GTVVY E3110 HQ-Conf. Room S GTWY 4DX-33 486 HQ-DP Room S GTWY E-3110 PENTIUM II 300 HQ-DP Room Michael S DIG VT340 NA HQ-EXTSVC-BARBARA S MAC POWERPC HQ-EXTSVC-RONNIE 5200/75LC S GTWY HQ-Friends S HQ-Friends Frank P GTWY P5-60 PENTIUM 60 HQ-GENEALOGY 1 P INSIGHT HQ-GENEALOGY 2 P GTWY P5-75 PENTIUM 75 HQ-GENEALOGY 3 S GTWY P5-75 PENTIUM 75 HQ-Norris P DIG VT420 NA HQ-PUBLIC C1 BAY NORTH EAST1 P DIG VT420 NA HQ-PUBLIC C10 REFERENCE WEST P DIG VT420 NA HQ-PUBLIC C11 REFERENCE NORTH P DIG VT420 NA HQ-PUBLIC C12 BAY NORTH WEST P DIG VT420 NA HQ-PUBLIC C2 BAY NORTH EAST2 P DIG VT420 NA HQ-PUBLIC C3 ADULT EAST P DIG VT420 NA HQ-PUBLIC C5 CHILDRENS P DIG VT420 NA HQ-PUBLIC C6 j GENEALOGY Page 2 of 4 Collier County Public Library Computer Inventory P DIG VT420 NA HQ-PUBLIC C7 ADULT CARROL-SOUTH P DIG VT420 NA HQ-PUBLIC C8 ADULT CARROL-MIDDLE P DIG VT420 NA HQ-PUBLIC C9 ADULT CARR©L-NQRTH P HP 4000N HQ-PUBLIC PCs AT REFERENCE AREA S GTWY E-3110 PENTiUM-II 300 HQ-Ref Desk-North S GTWY E-3110 PENTIUM II 300 HQ-Ref Desk-South S GTWY E-3000 PENTIUM 200 HQ-Ref Office David S GTWY E-3000 PENTIUM 166 HQ-Ref Office Diana S GTWY P5-133 PENTIUM 133 HQ-Ref Office Elizabeth S GTWY P5-133 PENTIUM 133 HQ-Ref Office Harriet S GTVVY P5-133 PENTIUM 133 HQ-Ref Office Marilyn R P GTWY E-1200 CELERON 366 HQ-REF PUBLIC6 P GTWY E-1000N PENTIUM 233 HQ-Ref-Publicl P GTWY E-1000N PENTIUM 233 HQ-Ref-Public2 P GTWY E-1000N PENTIUM 233 HQ-Ref-Public3 P GTWY E-1000N PENTIUM 233 HQ-Ref-Public4 P GTWY E-1000N PENTIUM 233 HQ-REF-PUBLIC5 P GTWY P5-75 PENTIUM 75 HQ-Ref-Public5 S DIG VT420 NA HQ-SLIPROOM-ANNA S MAC PWRMAC HQ-SLIPROOM-ANNA 7600/120 S DIG VT420 NA HQ-SLIPROOM-FRAN S MAC QUADRA 650 HQ-SLIPROOM-FRAN S DIG VT420 NA HQ-SLIPROOM-STAFF S GTWY E-3000 ,PEN'f'tUM 200 HQ-TS Cat-Joanne S GTWY E-3000 PENTIUM 200 HQ-TS Cat-Kelly S GTWY E-3000 PENTIUM 166 HQ-TS Cat-MaryAnn S GTWY E-3110 PENTIUM II 300 HQ-TS Cat-Travis S GTWY E-3000 PENTIUM 200 HQ-TS ILL-LINDA S GTWY E-3000 PENTIUM 200 HQ-TS-CLAIRE S GTWY E3110 PENTIUM II 300 HQ-TS-DP Ruth S GTWY E-3000 PENTIUM 200 HQ-TS-DP WORKBENCH S GTWY P5-75 PENTIUM 75 HQ-TS-MARILYN V S DIG VT420 NA HQ-TS-NOTICES CUBE S GTWY P5-75 PENTIUM 75 HQ-TS-SHARON P DIG VT420 NA HQ-YA P GTWY E-1000N PENTIUM 233 HQ-YA Room S DIG VT420 ;NA IM-CIRC1 EAST S DIG VT420 NA IM-CIRC2 WEST P GTWY P5-133 PENTIUM 133 IM-PUBLIC1 IN MAIN ROOM P GTWY E-1000N PENTIUM 233 IM-PUBLIC2 NEXTTO ENTRANCE P GTWY P5-75 PENTIUM 75 IM-PUBLIC3 IN CHILDRENS AREA P DIG VT420 NA IM-PUBLIC4 CHILDRENS S MAC QUADRA 700 IM-STAFF BACK OFFICE S GTWY P5-75 PENTIUM 75 IM-STAFF1 BACK OFFICE Page 3 or 4 GTWY E-3110 Collier County Public Library Computer Inventory PENTIUM II 300 IM-STAFF1 BRANCH MGR TANYA CRUMP S DIG VT420 NA IM-STAFF2 BACK OFFICE P G'I'WY E-3000 PENTIUM 200 MI-Childrens S DIG VT340 NA MI-Circ (S) S DIG VT420 NA MI-Circ (SW) S DIG VT420 NA MI-Circ Center(W) S DIG VT420 NA MI-Circ Video (N) P DIG VT420 NA MI-Desk South of Circ (N) P DIG VT420 NA MI-Desk South of Circ (S) S GTWY E-1000N PENTIUM 233 MI-Extra P GTWY P5-133 PENTIUM 133 MI-Public1 across f. circ P GTVVY E-1000N PENTIUM 233 MI-Public3 Handicap P GTWY E-1000N PENTIUM 233 MI-Public4 YA-Center P GTWY E-1000N PENTIUM 233 MI-Public5 YA-Right S GTVVY E-3110 PENTIUM II 300 MI-Staff Back Area S DIG VT420 NA Mi-Staff Back by Fax S GTWY P5-133 PENTIUM 133 MI-Staff Denise Office S DIG VT420 NA VB-CIRC1 NORTH S DIG VT420 NA ,VB-CIRC2 SOUTH S DIG VT420 NA VB-CIRC3 BEHIND ON WALL P DIG. VT420 NA VB-PUBLIC1 REF ROOM P DIG VT420 NA VB-PUBLIC2 NORTH P DIG VT420 NA VB-PUBLIC3 MIDDLE P DIG VT420 NA VB-PUBLIC4-SOUTH P GTVVY E-10OON PENTIUM 233 VB-PUBLIC5 PC NORTH P GTWY E-1199 CELERON 366 VB-PUBLIC6 PC MIDDLE P GTWY E-1200 CELERON 366 VB-PUBLIC7 PC SOUTH S GTWY P5-133 PENTIUM 133 VB-STAFF1 BACK OFFICE S MAC LC630 VB-STAFF1 BACK OFFICE MAC S DIG VT420 NA VB-STAFF2 OFFICE FRONT SEP Page 4 of 4 September 14, 1999 Item #16C2 BUDGET AMENDMENT RECOGNIZING THE $58,581 GRANT FROM THE GATES LEARNING FOUNDATION Item #16C3 AGREEMENT FOR THE 1999-00 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. - IN THE AMOUNT OF $810,400.00 Page 200 SEP1 1999 AGREEMENT THIS AGREEMENT e~tered into this //~[ day of ~ , 1999, at Naples, Collier County, Florida, by and between the Board of ~ounfy Commissioners, Collier County, Florida, hereinat~er referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER. WITNESSETIt WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrence Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and alcoholism services provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has submitted a proposal as a provider of mental health and alcoholism services as contemplated by the approved District Mental Health and Alcoholism Plan; NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as fo}lows: The CENTER shall: A. Provide mental health and alcoholism services consistent with the approved District Plan, incorporated herein by reference. Serve as an independent contractor for the transportation of Baker Act patients pursuant to all the requirements of Chapter 394, Florida Statutes and Rule 10E-5.040,F, Florida Administrative Code. C. Provide detoxification services consistent with the approved District Plan. D. Provide these services in the County of Collier, Florida. E. Posses, maintain and keep current all necessary license(s). Fo Adhere to conditions applicable to administration of mental health funds under Chapter 394, Florida Statutes, and the administrative rules thereto. G. Maintain financial records and reports relating to funds paid under the contract. SEP1 1999 II. III. Maintain books, records, documents and other evidence and accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. I. Maintain adequate fiscal accounting procedures. Allow inspection, review or audit of these fiscal records by County personnel. Collect statistical data of a fiscal and operational nature on a regular basis and to make fiscal statistical re. ports on a quarterly basis to the Public Services Administrator by the 10" of the preceding month. Submit payroll records and activity measures to the COUNTY on a quarterly basis in order that the disbursement of COUNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre-auditing and accounting procedures on the part of the Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes. Retain ali books, records and other documents relative to this Agreement for three (3) years after final payment. Act as an independent contractor and not as an employee of the County in operating aforementioned services. The CENTER shall be liable for, and shall indemnify, defend, and hold the County, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement. Oo Submit to the COUNTY each year a copy of its annual audit of financial statements. The COUNTY shall: Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of the total allocation for "Operations Funds" approved for the CENTER by the Commission as specified in Section III-D of this Agreement, in accordance with the approved Mental Health District. The CENTER and COUNTY mutually agree: 2 SEP 1 1999 Ao Do Fo Ho The term of this agreement is from October 1, 1999 to September 30, 2000. This Agreement may be terminated by either party upon thirty (30) days prior notice in writing to the other party. This Agreement is subject to an item of appropriation contained in the annual County budget. The entire obligation of the COUNTY under this Agreement shall not exceed Eight Hundred Ten Thousand Four Hundred and no/100 Dollars ($810,400). The $810,400 includes all Operational Funds including transportation of Baker Act participants. This sum shall come from local sources and shall be utilized as part of the matching requirements of Section 394.76(9)(a) and (b), Florida Statutes. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herewith. The CENTER shall not assign the performance of services called for in the Agreement without the written consent of the COUNTY. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: If to the COUNTY: Collier County Public Services Division Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: David Lawrence Mental Health Center, Inc. 6075 Golden Gate Parkway Naples, FL 34116 or to such other address as any party may designate by notice complying with the terms herein stated. SEP 1 ~ 1999 day and year first above written. ATTEST::' ~' Dwight E. Brock, Clerk """'~,, ~Opu!:yClerk \ / /-~-& "art~2s'r~ ~s to Chatr~n's ATTEST: IN WITNESS WHEREOF, the parties hereto have set their hands and seals the BOARD OF COUNTY COMMISSIONERS igamela S. Mac'Kie, Ch~.~.,rwom~/ Michael Morris, President ...' (COR?ORATE SEAL) ApprOved as to form and legal sufficiency County Attorney 4 September 14, 1999 Item #16C4 CONTRACT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER FOR COLLIER COUNTY FLORIDA, DOING BUSINESS AS DISTRICT TWENTY MEDICAL EXAMINER - IN THE AMOUNT OF $662,600 Page 201 SEP 1 1999 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made and //~/ day of _ ~,~~. , 1999, by and between Marta U. Coburn, M.D., Florida entered into this District Twenty Medical Examiner for Collier County, Florida, doing business as District Twenty Medical Examiner, a Florida Corporation, hereinafter called "Medical Examiner" and the Board of County Commissioners of Collier County, Florida, hereinat~er called "County". WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical Examiner for Collier County, Florida, on July 2, 1999, by Jeb Bush, Governor of the State of Florida; and WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at all times and all places within the district and that said Associate Medical Examiner(s) shall serve at the pleasure of the District Medical Examiner; and WHEREAS, Section 406.06(3), Florida Statutes, states that District Medical Examiner(s) and Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and expenses for the Medical Examiner's office may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the District Medical Examiner shall submit an annual budget to the Board of County Commissioners; and WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida District Twenty Medical Examiner, doing business as District Twenty Medical Examiner, a Florida 1 1999 Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent contractor. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The term of this Agreement shall be from October 1, 1999, through September 30, 2000. SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and all equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. SECTION III COMPENSATION AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 1999, the amount of $27,004.17 semimonthly through September 30, 2000. B. Payments from the County to the Medical Examiner of the Compensation set forth in paragraph 3 "A" shall be made on the 15th and 30th days of each month. If the 15th or 30th of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s) must be maintained in order to perform the Medical Examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. 2 D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activities/workload of the Medical Examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in Section III of this Agreement has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrences, the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of the Collier County Public Services Administrator or his/her designee, for any such expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in an itemized manner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to, aircrat~, bus and boat accidents where a simultaneous large loss of life has occurred, hurricanes and other natural disasters, and any other disasters or occurrences caused by nature or human beings where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Public Services Administrator, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid t0 the Medical Examiner. SECTION IV FACILITIES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and insure, at no cost to the Medical Examiner, a facility and all medical-laboratory related equipment reasonably required by the Medical Examiner to perform the duties as District Medical Examiner. All costs associated with maintaining the facility and its area landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility. 3 I 1999 B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement of said equipment shall be approved by the Public Services Administrator in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section III of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an invoice evidencing the purchase by the Medical Examiner of said insurance coverage. SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMANITARIAN AND/OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of the Medical Examiner. SECTION VII REPORTS 4 S£p I zl 1999 The Medical Examiner agrees to provide to the County a quarterly report which shall include, minimally the following: A. Number of all investigations and narrative reports for non-autopsy medical examiner cases; B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not described above; G. The activity report shall be submitted by the 10th day of the following month to the County's Public Services Administrator. SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. B. The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personnel or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shall not be entitled, as a result of this Agreement, to any benefits granted employees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner that are not within the scope of the official duties as Medical Examiner. 5 $£p 1 1999 SECTION IX NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER COUNTY CRIMINAL PROCEEDINGS In addition to the compensation provided for in Section III of this Agreement from the County to the Medical Examiner, the Medical Examiner shall be paid by the County for expert testimony relating to Medical Examiner services performed in criminal cases pending in the Collier County courts. Expert testimony furnished by the Medical Examiner shall be compensated at a rate of $200.00 per hour and shall be paid upon the presentation of a motion for payment of said expert witness fee from the state attorney, public defender or court-appointed counsel. SECTION XII NOTICES All notices from the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Office of thc Medical Examiner 3838 Domestic Avenue Naples, FL 34104 All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Public Services Administrator 3301 East Tamiami Trail Naples, Florida 34112 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within 15 days of said mailing address change. 6 S£P 1 1999 All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty-four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed-upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner under this Agreement is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. SECTION XV TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either party upon ninety days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety-day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: SEP 1 1999 (1) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District 20; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the pre'railing party shall be entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both trial and all appellate levels. 8 $£p 1 ~ 1999 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: Dwight E. iBmck, Clerk ~irst ~tne~s Lorretta J. Dowdrick Typed or Primed Name BOARD OF COUNTY COMMISSIONERS P'pam~la S. Ma¢'Kie, Chalrwg{nan / MEDICAL EXAMINER Marta U. Cobum, M.D. Medical Examiner Florida District Twenty "----- Signature -""~ ~ Approved as to form and legal sufficiency: . Dax4d C. Wei~el County Attorney September 14, 1999 Item #16C5 AGREEMENTS FOR SALE AND PURCHASE FOR ADDITIONAL PROPERTY NEEDED TO COMPLETE THE FUTURE NORTH NAPLES REGIONAL PARK Page 202 AGREEMENT FOR SALE AND PURCHASE SEP iA THIS AGREEMENT is made and entered into by and between Ruth M. Adams, a married person and Elizabeth J. Tripodi, a married person, each as to an undividedr.~'~ one-half interest, cc j ...................... u ..... o,, ...... o,,,v, ,,,,,,o~ mailing address is~,~' 3450 Gulf Shore Boulevard North, Naples, Florida 34103, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WlTNESSETH 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 follows: The North three quarter (N 3/4) of the Southwest one quarter (SW 1/4) of the Southwest one quarter (SW 1/4) of the Southwest one quarter (SW 1/4), less the West 30 feet, in Section 30 Township 48 South, Range 26 East, Collier County, Florida, as recorded in Official Record Book 2081, Page 1515 of the Public Records of Collier County, Florida. Folio #: 00198920005/Tax Parcel 53 WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 TWO HUNDRED FOURTEEN THOUSAND AND EIGHT HUNDRED AND O/100 DOLLARS ($214,800), (U.S. Currency) 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 on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to 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. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each 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 relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 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, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in SEP I 4 f99~ writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in wdting of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) 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 environmental laws and the Property is free from any contamination. 4. The Property can be utilized for its intended purpose. and Federal pollution or 6.02 If Purchaser )s not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the InspecUon Pedod, written noUce of )ts intention to waive the ~pplJcable 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. 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. INSPF,,CTION 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 one percent (1%) of the purchase price 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 12.01 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this 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 Oomprehensive 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: Ruth M. Adams and Elizabeth J. Tripodi 3450 Gulf Shore Blvd. North Naples, Florida 34103 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: SEP 1999 AS TO PURCHASER: ATTEST: D~ICHJT ~ BROCK, Clerk AS ~ ~LLER: . DATED: 07//~ ~ ¢~ST'WlTN~sS (Signature) (Prinl Nsme) SECOND WITNESS (Signature) (Print Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RUTH M. ADAMS DATED: ,J"'/~, /./~'9 FIRST WITNESS (Signature) (Print Name) §EJ~ V~JTNE88 (Signature) (Print Name) Ld'J--IZABETH J. TRIPODI ~/ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Conrad A. Skimina and Barbara E, Skimina, husband and wife, as an estate by the entirety, whose mailing address is 1248 Capra Way, Fallbrook, California 92028, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (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 follows: The Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-way over and across the North 30 feet thereof, as recorded in Official Record Book 1777, Page 1862 of the Public Records of Collier County, Florida. (Folio #00196800004trax Parcel 1.1) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 THREE HUNDRED THOUSAND AND O/100 DOLLARS ($300,000), (U.S. Currency) 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 on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and 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. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant)in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each 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 relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 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, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. 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 the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 ¥ 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) 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. SEP ! 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. 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 one percent (1%) of the purchase price 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 12.01 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. SEP !4 1999 10.03 Should any mitigation 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could; if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any SEP ! lggfl 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 ara 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. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and thera ara 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 8uperfund 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. Xll. 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: Mr. and Mrs. Skimina 1248 Capra Way Fallbrook, California 92028 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. 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. SEP 1 4 lggg 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date th)s Agreement )$ executed by both part)es and shal) )nure to the benefit of and be b)nd)ng upon the part)es hereto and the)r respecUve he)rs, 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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: SEP ~ 4 1999 AS TO PURCHASER: A ~ :/EL OCK, Clerk DATED: WITNESSES: (Signature) /--z.-,.4,~ ,Z.. --~"~ ,,~ ,.~/,4 (Printed Name) (Sigr~a~¢~) (Printed Name) BOARD OF COUNTY COMMISSIONERS COLL~ ~¥:2/_'_,_ '..':.__,,~ ....... / ~ I-"al[l~la ~. ivlac-I%le, ~na~rwoman / Conrad A. Skimina WITNESSES: (Signature) (Printed Name) Barbara E. §ki i~na Approved as to form and legal sufficiency: H;gidi F /~,~ht(~n Assistant County Attorney AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Judy Lonsway, a rnarrled person, whose mailing address is 610 General George Patton Road, Nashville, Tennessee 37221-245,5, (hereinafter referred to as "Seller"), snd Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WlTNESSETH 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 follows: The North 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the West 30 feet and less the East 30 feet as recorded in Official Record Book 1790, Page 1046 of the Public Records of Collier County, Florida. (Folio #00198880006/Tax Parcel 52) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 THIRTY THOUSAND AND SIX HUNDRED AND O/100 DOLLARS ($30,600), (U.S. Currency) 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 on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: SEPt 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. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each 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 relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 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, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. 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 SEP I 4 FJ I 8.02 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. 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 one percent (1%) of the purchase price 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 12.01 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. SEP 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLI~R'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such ha~'ardous 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. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this 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 govemmental authorities having jurisdiction of the development of the property which may restdct 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. SEP 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 Oomprehensive Environmental Response, Oompensation, and Liability Act of lg80, 42 U.S.C. Section g601, et seq., ("OEROLA" 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. Xll, 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: Ms. Judy Lonsway 610 General George Patton Road Nashville, TN 37221-2455 With a copy to: Mr. Ray Sepanski, Realtor Downing-Frye Realty, Inc. 3411 Tamiami Trail North Naples, Florida 34103 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS SEP 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.) 14.10 This Agreement is govemed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, snd no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: D~l~T E...BROCK, Clerk AtteSt a~' ~ ~' ~ ~, ~ : , Deputy~lerk '. 'AS,TOtSELLER: DATED: '~~ /~ (Printed N~me) (Signature) (~dntod ~ame) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA // BY:~/~ Jq[~ly I~n~ay Approved as to form and legal sufficiency: H~icli F.~sl~ton ~ Assistant County Attorney AGREEMENT FOR SALE AND PURCHASE SEP ! ~ ~g~ THIS AGREEMENT is made and entered into by and between JOHN N. BRUGGER, INDIVIDUALLY AND AS TRUSTEE, whose mailing address is 600 Fifth Avenue South, Naples, Florida 34102, (hereinafter referred to as "Seller"), and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (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 in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 on the attached Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price")for the Property shall TH'CUSAh~D FIFTEEN AND. O/-t90 DOLLARS ($9~,~4.6.)~-(L1~S~ Currency) payable at time of closing. ', ~,~ ~/~-0(~~.../ 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain like agreements from nearby property owners prior to the execution of this Agreement. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and 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. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and required by the Internal Revenue Service. SEP I !99 Certification" as 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attomey's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 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, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. 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 the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 'V. 'APPRAISAL PERIOD SEP ]4, 1999 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) 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. 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES ;EP I 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 ten (10) 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 one percent (1%) of the purchase price 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 12.01 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller.to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this 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: Mr. John Brugger 600 Fifth 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 wdtten notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. ' 14,04 ~ptions 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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTE,,~.T~, [1! , ' DW~I~"~T. . E:., ,B~R0~K'. Clerk ~ ~ . /~ ~erk AS TO SELLER: ' ~lre) /(Prin~ed Name) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONEI~S BY' P~mela/S. Mac,/'Kie/' C'ha~ma nL~' r, Individually and as Trus~~" SEP 1 3999 EXHIBIT "A" Tax Parcel 64: The West (W) 30 feet of the Northwest (NW) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 114 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The South (S) 30 feet and the East (E) 30 feet of the Southeast (SE) 1/4 of the Southwest (SW) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The West (W) 30 feet end the East (E) 30 feet of the North (N) 1/2 of the Southwest (SW) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced In Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The South (S) 30 feet and the West (W) 30 feet of the Southwest (SW) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The South (S) 30 feet and the East (E) 30 feet of the Southeast (SE) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The West (W) 30 feet and the South (S) 30 feet of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. (All the above known as Folio # 00199282108) (1.18 acres) AND No Tax Parcel No.: The West (W) 30 feet of the North (N) 1/2 the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (West 30 feet of Tax Parcel 59) (Parent Tract Folio #00199160000) (.23 acres) AND No Tax Parcel No.: The West (W) 30 feet of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (West 30 feet of Tax Parcels 53 and 66) (Parent Tract Folio # 00199282302/00198920005) (.46 acres) AND Tax Parcel 31: Northeast (NE) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW)I/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4. Being situate and lying in Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1701, Page 759, of the Public Records of Collier County, Florida. (Folio # 00198080000) (.63 acres) AND Tax Parcel 33.1: That portion of the East (E) 1/2 of the Northwest (NW) 1/4 of the Southeast (SE) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, lying West (W) of Parcel 131 (I-75 Right-of-Way), which Right-of-Way is described in O.R. Book 822, Page 1782, of the Public Records of Collier County, Florida and as referenced in Official Record Book 1470, Page 921, of the Public Records of Collier County, Florida. (Folio #00198200000) (1.23 acres) AND No Tax Parcel No.: The West (W) 30 feet and the South (S) 30 feet of the South (S) 1/2 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of the Northwest (NW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (West 30 feet and South 30 feet of Tax Parcel 46) (Parent Tract Folio #00198640000 ) (.661 acres) The above properties comp,rising a total of 4.39 acres. AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Richard L. Jaeger, as Trustee of the Richard L. Jaeger Living Trust dated November 15, 1994, with full power and authority to protect, to conserve and to sell, to lease, to encumber or otherwise to manage and dispose of the real property described herein, whose mailing address is 1635 Pine Ridge Road, Naples, Florida 34109, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (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 follows: The Southwest 1/4 (SW 1/4) of the Southwest 1/4 (SW 1/4) of the Northwest 1/4 (NW 1/4) of the Southwest 1/4 (SW 1/4) of the Southwest 1/4 (SW 1/4) of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the West 30 feet and less the South 30 feet, reserved for public right-of-way, as recorded in Official Record Book 2479, Page 924 of the Public Records of Collier County, Florida. (Folio #00199120008/Tax Parcel 58) WHEREAS, purChaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 TWELVE THOUSAND AND SIX HUNDRED AND O/100 DOLLARS ($12,600), U.S. Currency) 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 on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and 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. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant)in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each 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 relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 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, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard cop)es of a)) excepfions shown thereon. Purchaser shall have th)rt¥ {30) days, fo))ow)ng rece)pt of the t)t)e )nsurance comm)tment, to not)~ Se))er )n wr)Ung of any obiecUon to UUe other than liens evidenc)ng monetary ob)igaUons, )f an)/, wh)ch ob))gaUons shall be pa)d at c)os)ng. )f the Utle comm)tment conta)ns excepUons that make the UUe unmarketable, Purchaser shall deliver to the Seilor writien noUce of its Intention to wane the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) 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. SEP 1 ~ lggg 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. 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. 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 one percent (1%) of the purchase price 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 12.01 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this 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: Mr. Richard L. Jaeger, Trustee 1635 Pine Ridge Road Naples, Florida 34109 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKER,,R 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. XlV. 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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS To PURCHASER: DATED: ATTEST: ~ · ' ~W~I~T~ ~ E;',BROCK, Clerk ~4~,.. erk Attest &~ ~~'i ' ' DATED: WITNF_.SSES: ~ / -(~ig~Eturei (Printed Name) (Si~naturo) (Printed Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~ Trust Dated November 15, 1994. Approved as to form and legal sufficiency: Assistant County Attorney AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by.and between Robert H. Jaeger and Associates, In¢. a corporation existing under the laws of the State of Florida, whose mailing address is 1635 Pine Ridge Road, Naples, Florida 34109, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (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 follows: The Southeast 1/4 (SE 1/4) of the Southwest 1/4 (SW 1/4) of the Northwest t/4 (NW 1/4) of the Southwest 1/4 (SW 1/4) of the Southwest 1/4 (SW 1/4), Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the South 30 feet and less the East 30 feet, as recorded in Official Record Book 1753, Page 324 of the Public Records of Collier County, Florida. Folio #: 00198760003FFax Parcel 49 AND The Southeast 1/4 (SE 1/4) of the Southeast 1/4 (SE 1/4) of the Northwest 1/4 (NW 1/4) of the Southwest 1/4 (SW 1/4)of the Southwest 1/4 (SW 1/4), Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the South 30 feet and less the East 30 feet, as recorded in Official Record Book 1753, Page 324 of the Public Records of Collier County, Florida. Folio #: 00199000005/Tax Parcel 55 WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 TWENTY FIVE THOUSAND AND TWO HUNDRED AND O/100 DOLLARS ($25,200), U.S. Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: SEP 1 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. 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 ~,ny, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) 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 environmental laws and the Property is free from any contamination. 4. The Property can be utilized for its intended purpose. and Federal pollution or 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 Pumhaser 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. 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 one percent (1%) of the purchase price 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 12.01 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which conSent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this 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. SEP ! A~ !99.q 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: Richard Jaeger, President Robert H. Jaeger and Associates, Inc. 1635 Pine Ridge Road Naples, Florida 34109 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. 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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: ..SEP i ~ !g99 AS TO PURCHASER: ATTEST: DWI ':~ ~. BROCK, Clerk :'~ :'x~'~s to Cha,!-t'~ll I~eputy Clerk /. :: ; .?,"- .... s~R: DATED: ..~/7..,,',~',.¥ ? .4 z. ~1 RS:WIYN~E~S ~i'gnat,',~e) (Print' Name) ~OND WiTNk~(signature) (Pdnt Name) BOARD OF COUNTY COMMISSIONERS COLL~ BY' I~a mfe,~ S. ~ac'K;e, 'Chairw>an- ROBERT H. JAEGER AND AS S~~IES, INC. Naples, Florida 34109 Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney : AGREEMENT FOR SALE AND PURCHASE SEP 1 ~ 1999 THIS AGREEMENT is made and entered into by and between Shirley J. Hedlund, whose mailing address is 566 Anchor Rode Drive, Naples, Florida 34103, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florid,,,, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WlTNESSETH 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 follows: The South one half (S 1/2) of the South one half (S 1/2) of the Southwest one quarter (SW 1/4) of the Southwest one quarter (SW 1/4) of the Southwest one quarter (SW 1/4) less the West 30 feet, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, as recorded in Official Record Book 2081, Page 1513 of the Public Records of Collier County, Florida. (Folio #: 00199282302/Tax Parcel 66) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 SEVENTY ONE THOUSAND AND SEVEN HUNDRED AND O/100 DOLLARS ($71,700), (U.S. Currency) 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 on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and 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. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title Insurance underwriter In order to Insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each 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 relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 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. RISQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. 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 the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon nOtification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) 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 environmental laws and the Property is free from any contamination. 4. The Property can be utilized for its intended purpose. and Federal pollution or 6.02 ~f Purchaser is not satisfied, for any re~son whatsoever, with the results of any investigation, Purchaser shal~ deliver to Seller prior to the expiration of the ~nspection Period, wri~en 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. 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 one percent (1%) of the purchase price 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 12.01 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 par~es' 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants am or have been discharged from the Property, directly or indimctly into any body of water. Seller represents the Property has not been used for the pm duction, 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 m presents 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 repro sents 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 mquiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 Them are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and them am 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 agra ements, 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 Se{{er represents, warrants and agrees to }ndemn}fy, re}mburse, defend and ho{d Purchaser harmless from any and all costs (includ{ng attorney's fees) asserted against, imposed on or incurred by Purchaser, direct{y or indirectly, pursuant to or {n connection w{th the app{icaUon of any federal, state, local or common law relating to po{{ution or protection of the environment which sha{{ be in accordance with, but not lira{ted 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. 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: Shirley Hedlund 566 Anchor Rode Drive Naples, Florida 34103 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. 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 ']'his 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 pro~/ision 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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: · DWIGHT E. BROCK, Clerk -~,'~ ' ~,,~- "-',--..i''¢' ,~puty Clerk ~r;/S't gnatUre On 1.11'o. C; , AS TO SELLER: FI~'S-T WITNES~ ~8ionat~rp) (Print Name) SECO~D~I~~ (Si~naturo) (Print Name) BOARD OF COUNTY COMMISSIONERS COLLI~ BY' P,~JEL/~ S. MAC'KIE, Cl~irwoman SHI'RLEY J.~:I~EI~UND Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between George P. Trepanier, whose mailing address is 150 Pleasant Street, Claremont, New Hampshire 03743, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (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 follows: The Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the West 30 feet, reserved for public right-of-way, as recorded in Official Record Book 1742, Page 222 of the Public Records of Collier County, Florida. (Folio #00198680002/Tax Parcel 47) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties 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 FIFTEEN THOUSAND AND THREE HUNDRED AND O/100 DOLLARS ($15,300), U.S. Currency) 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 on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: obligations, {f any, which obligations shah be paid at closing. {f the title commitment contains exceptions that make the title unmarketab{e, Purchaser shah deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) 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 appraisal(s), 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 two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: development of the Property. 3. The Property is in compliance with all applicable State environmental laws and the Property is free from any contamination. 4. The Property can be utilized for its intended purpose. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. There are no abnormal drainage or environmental requirements to the and Federal pollution or 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. 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 bodngs 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 valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) 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 one percent (1%) of the purchase price 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 12.01 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 Shou~d any ~itigation or other action be commenced between the pa~ie~ concerning the Prope~¥ or thim Agreement, the pa~y prevailing in much ;itigation or other action mhal~ be entitled, in addition to much relief am may be granted, to a reasonable mom for itm a~orney'$ fees, paralegal chargem and a~ fees and curets for appellate proceedingm in moch Htigation or other action~ which mum may be determined by the cou~ or in a meparate action brought for tha~ purpome. 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. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any · SEPi 4 199g 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. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this 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: Mr. George Trepanier 150 Pleasant Street Claremont, New Hampshire 03743 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. 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. · SEP I q !999 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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: A~EST: ~WIGHT ~E~BROCK, Clerk ~, '~':.+;~ .7 eputy Clerk A8 TO SELLER: WITNESSES: (Signature) (Printed N~ame) (Signature) / -- (Printed Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA George~. Trepanier ~' Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney September 14, 1999 Item #16C6 LIMITED USE LICENSE AGREEMENT WITH THE NAPLES ITALIAN AMERICAN CLUB, INC. FOR USE OF COUNTY-OWNED LAND FOR PARKING Page 203 LIMITED USE LICENSE AGREEMENT S£P1 1999 LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND NAPLES ITALIAN AMERICAN CLUB, INC., A NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED LAND FOR PARKING. This Limited Use License Agreement entered into this ~,'6/:l~Gday of ~J~~,~~'/ ,1999 by and between Collier County, a political subdivision of the State of'Florida, whose' ~nailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "County", and Naples Italian American Club, Inc., a non-profit Florida corporation, whose mailing address is 7035 Airport Road North, Naples, Florida 34145, hereinafter referred to as "Club". WHEREAS, the Club requests the use of County-owned land for the purpose of overflow parking for the Club's annual Carnival which is to be held on November 4, 5, 6, and 7, 1999. WHEREAS, the County is willing to approve the use of County-owned land for such purposes; NOW, THEREFORE, BASED UPON THE MUTAL PREMISES, HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The County hereby approves the use of County-owned property identified as the vacant grassed area to the east of the Animal Control facility located at 7077 Airport Road North, Naples, hereinafter referred to as "Property", for the purpose of parking cars for the Club's annual carnival. 2. The County approves the use of the Property by the Club for the following: On November 4 and 5, 1999, between the hours of 5:00 p.m. and 11:00 p.m.; on November 6, 1999, between the hours of 11:00 a.m. to 11:00 p.m.; and on November 7, 1999, between the hours of 11:00 a.m. to 9:00 p.m. 3. The Club shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with the intentions of this Agreement, such responsibility not being limited to trash collection and clean-up of the Property. The County shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Club shall acquire any and all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Club shall post a Four Hundred and Nofl00 Dollar ($400.00) cash bond with the Real Property Management Department by October 18, 1999, to insure adequate clean-up of the property at the termination of this Limited Use License Agreement. It is understood and agreed that this bond is not intended to replace the Club's obligation to clean up the Property at the completion of its activities under this Limited Use License Agreement. The Real Property Management Department shall return such bond to Club if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Property, the Club will provide to County, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Club 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 Property, 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. All alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were installed, reasonable wear and tear excepted; provided, however, if County so directs, the Club shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the Club, and repair any damage caused to the Property by such removal. 6. The Club shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than Three Hundred Thousand and No/Dollars ($300,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to October 18, 1999; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. 7. This Limited Use License Agreement shall be administered on behalf of the County by and through the Collier County Real Property Management Department. - - S£P 1 1999 8. The Club agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida, and their agents and employees, from any claims, assertion or cause of action for any loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. The Club further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, expenses or fees, including attorneys' fees, arising from any claims or cause of action for loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. 9. The Club covenants and agrees not to assign this Limited Use License Agreement or to permit any other persons to occupy same without the written consent of County. 10. The County reserves the right to cancel and/or reschedule any or all of the above-described activities, scheduled for any or all of the above-listed days, upon fifteen (15) days notice to the Club of County's intent to reschedule and/or cancel. 11. The County and Club specifically agree that this Agreement represents a license for the Club's use of the Property and does not convey any estate in the Property or create any interest whatsoever. 12. The Club represents and warrants to the County that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. 13. The Club shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this event. 14. The sale of alcoholic beverages shall be prohibited on the Property during this event. 15. This Agreement shall become effective upon execution by both the County and the Club. 16. This Agreement is govemed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE CLUB: DATED: 7' Wi~tness' (signature) / ~fint name) mes~ (si~amre), (print name) By: NAPLES ITALAN AMERCIAN CLUB, INC. a Fitg~N~n-pr°fit ~__~ ~Edith Coleman, President BY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA PAI~ELA S. MAC'KIE, ChairwOman Approved as to form an.d l~gal sufficiency: , H[~di F.'~s~lron~' ' Assistant County Attorney 2 September 14, 1999 Item #16C7 BID 99-2946, RENOVATION OF GOLDEN GATE SOCCER FIELD - AWARDED TO STAHLMAN LANDSCAPING, INC. IN THE AMOUNT OF $33,750 Item #16C8 BUDGET AMENDMENT FOR THE SUM~ER FOOD SERVICE PROGRAM - IN THE AMOUNT OF $55,500 Item #16C9 AGREEMENT WITH PERFORMERS FOR COUNTRY JAMBOREE - WILLIAM MORRIS AGENCY, INC. FOR RICOCHET, INC. IN THE AMOUNT OF $5,000 Page 204 AFM LJC£NSE No. 2 WILLIAM MORRIS AGENCY, Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203 Telephone 615-963-3000 Facsimile 615-963-3090 SEP RIDER A'ITACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO. 2 THIS CONTRACT for the personal services of the musicians on the engagement described below is made AUG 30 99, between COLLIER COUNTY PARKS & RECREATION/Pag Ruby (hereinafter referred to as "PURCHASER") and RICOCHET (hereinafter referred to as "ARTIST") whose services are furnished by Ricochet, Inc. (hereinnfter referred to as "PRODUCER"). It is mutually agreed between the panics upon all the terms and conditions herein set forth, including those on the reverse side hereof entitled "Additional Terms and Conditions," as follows: 1. Place of Engagement: Vineyard Community Park 6231 Arbor Blvd. Naples, FL Scaling: 0 @ $ 0.00 Capacity: 0 2. DATE(S) OF ENGAGEMENT: Fri SEP 24 99 - Opener TBA Ricochet a. Number of Shows: 1 b. Time of Show(s): 8:00 PM c. Length of Each Show: 75-90 minutes Gross Potential: $0 Tax: 0.00000 Net Potential: $0 (Not to exceed) OUTDOOR SHOW; RAIN OR SHINE, Free show. 3. BILLING: (In all forms of advertising) Artist shall receive 100% Sole. Headline Billing 4. FULL PRICE AGREED UPON: $ 5,000 (Five Thousand) FLAT GUARANTEE Purchaser to provide and pay for sound, lights, 5 (FIVE) double rooms and 2 (TWO) single rooms in a first class hotel as required by Artists. Purchaser shall provide and pay for all terms and conditions contained in Artist rider attached hereto. All Accommodation and Travel arrangements are subject to PRODUCER's prior approval. Merchandising Rate(neg) 100% Artist Sells 5. All payments shall be paid by PURCHASER in US funds by CERTIFIED or CASHIER'S CHECK, or CASH as follows: a. $2,500 shall be paid to and in the name of PRODUCER's agent, William Morris Agency not later than SEP 24 99 The balance in the amount of $2,500 shall be paid to and in the name of the PRODUCER: Ricochet, Inc. f/s/o RICOCHET not later than immediately prior to the first performance. c. Earned percentages, overages and/or bonuses, if applicable, are to be paid to PRODUCER by CASH ONLY immediately following the last show. In the event the FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages, and the actual gross box office receipts from the engagement exceed the gross potential as stated in Paragraph 1. hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately following the last performance. ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. Attest: ..,.: :' . ~'.. ~. , ~ , Y f b,"" ~ ,o/i/1/fA// , / stgnat~r,e' 'on, $.= Aplbtbved. s' t~( fdrm of. 43-1644075 949029 6. Whenever the term 'Federation' is used herein it shall mean the American Federation of Musicians of th e Ste. tes and" Canada. Whenever the term "Local Union' is used herein it shall mean the Local Union of the Federation with jurisdiction over the' territory in which the engagement covered by this contract is to be performed. 7. No performance of the engagement shall be recorded, reproduced or transmitted from the place of pertormance, in any manner or by any means whatsoever, In the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. 8 It Is expressly understoo, d by the parties hereto that neither the Federation n_or ,the .Local Union are parties to this contract in any capacity except as expressly provided In · above, and therefore, that neltl~er the >e~3eratlon nor the Loca/Union shall be liable for the performance or breach of any provision hereof. 9. A representative of the Local Unlon, or the Federation, shall have access to theplace of engagement covered by the contract for purposes of communicating with the ARTIST(s) performing the engagement and the PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees to furn!sh and pay for at its own expense (a) on the date and at the time of the performance(s) above- ~,l/J mentioned all that is necessary for the proper presentation of the entertainment presentation, including without limitation a suitable ~ theatre, hall or auditorium, well-heated, ventilated, lighted, clean and In good order, stage curtains, properly tuned grand piano(s) and · ~ public address system In pad. act wor. klng co. ndl!ion including m!croph, one(s) In number and quality required by PRODUCER, dressing I/~JJ~'~ rooms all n~e~c~s~sa,,,,%~electric~ans ano stage na~'t'ds, all lights, tickets, hOUSe programs, all licens.es (including musical performing rights [~""~ licenses) ,~r, _ ~ ushers, ticket sellers, ticket takers, appropriate and sufficient advertising in the principal newspapers, (b) all '~'"~.~ music ro~,a-I~ie~ I~ ~ctlon with PRODUCER's use of music, and in addition, the costs of any musicians (including Contractor) other · "~/'~ than those furnished by PRODUCER as part of PRODUCER's regular company, (c) all amusement taxes, (d) if PRODUCER so req.ulres, all necessary fac?It!es, e[.ectrlola.ns, stage h. an.ds and oth.er pe.rso..nnel for !i~hting '_~d dr_~c. ;;~c:,.';:.'.3., and (e) all oth. er aha personnel (Including Dui not ~mited to any ano al~ personnel, mc~uo~ng musicians, as may De required Dy any nationa~ or ~oca~ union(s)) required for the proper presentation of the entertainment presentation hereunder, and any rehearsals therefor, except for those items and personnel which PRODUCER herein specifically agrees to furnish. PRODUCER shall have the right to name the local music contractor and to approve the musicians hired locally. 2. In the event of sickness or of accident to ARTIST, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation services, war conditions or emergencies or any other similar or dissimilar cause beyond the control of PRODUCER, it is understood and agreed that there shall be no claim for damages by PURCHASER and PRODUCER's obligations as to suchperformances shall be deemed waived. In the event of such non-performance for any of the reasons stated in this paragraph, if ARTIST is ready, willing and able to perform, PURCHASER shall pay the full compensation hereunder, otherwise, the monies (if any) advanced to PRODUCER hereunder, shall be returned on a pro-rata basis. 3. Inclement weather rendering performance impossib!e, infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon compensation shall be made notwithstanding. If PURCHASER and PRODUCER disagree as to whether rendition of performance(s) is impossible, not feasible or unsafe because of inclement weather, PRODUCER's determination as to performance shall prevail. 4. In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated, and/or falls to make any of the payments as provided herein, PRODUCER shall have the right to refuse to perform this contract, shall retain any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. In addition, if, on or before the date of any scheduled performance, PURCHASER has failed, neglected, or refused toperform any contract with any other perfo[mer for any other engagement, or if the financial standing or credit of PURCHASER has been impaired or is in PRODUCER s opinion unsatisfactory, PRODUCER shall have the right to demand the payment of the guaranteed compensation forthwith. If PURCHASER fails or refuses to make such payment forthwith, PRODUCER shall have the right to cancel this engagement by notice to PURCHASER to that effect, and to retain any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. 5. The entertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order, form, size and prominence as directed by PRODUCER in all advertising and publicity issued by or under the control of PURCHASER. ARTIST's name or likeness may not be used as an endorsement or indication of use of anyproduct or service nor in connection with any corporate sponsorship or tie-up, commercial tie-up or merchandising without PRODUCER's prior written consent. 6. PURCHASER shall not itself nor shall it permit others to record, broadcast, televise, photograph or otherwise reproduce the visual and/or audio performances hereunder, or any part thereof. 7. PRODUCER shall have the exclusive right to sell souvenir programs, ballet books, photographs, records and any and all types of merchandise including, but not limited to, articles of clothing (~.e., T-shirts, hats, etc.), posters, stickers, etc., on the premises of the place(s) of performance without any participation in the proceeds by PURCHASER subject, however, to concessionaire's requirements, If any. 8. Unless stipulated to the contrary in writing, PURCHASER agrees that PRODUCER may cancel the engagement hereunder without liability by giving the PURCHASER notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. PRODUCER shall also have the right to terminate this agreement without liability in the event PURCHASER fails to sign and return this Contract within 10 days. 9. PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder as well as the means and methods employed In fulfilling each obligation of PRODUCER hereunder in all respects and in all details. PRODUCER shall have the sole right, as PRODUCER may see fit, to designate and change at any time the performing personnel other than the ARTIST(s) specifically named herein. 10. PURCHASER agrees (a) to comply promptly with PRODUCER's directions as to stage settings for the perlormance hereunder, (b) that no performers other than those to be furmshed by PRODUCER hereunder will appear on or in connection with the engagement hereunder, (c) that no stage seats are to be sold or used without PRODUCER's prior written consent, and (d) that the entertainment presentation will not be included in a subscription or other type of series without the written consent of PRODUCER. 11. It is agreed that PRODUCER signs this contract as an independent contractor and not as an employee. This contract shall not, in any way be construed so as to create a partnership, or any kind of joint undertaking or venture between the pa~ies hereto, nor make PRODUCER liable in whole or in part for any obligation that may be incurred by PURCHASER in PURCHASER s carrying out any of the provisions hereof or olherwise. 12. Nothing in this Apreement shall require the commission of any act contrary to law or to any rules or regulations of any union guild or similar body having jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER hereunder. If there is any conflict between any provision of this Agreement and any law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified, or/imited only to the extent necessary to eliminate such conflict. PURCHASER agrees to comply with all regulations and requirements of any union(s) that may have jurisdiction over any of the said materials, facilities and personnel to be furnished by PURCHASER. 13. In the event of any inconsistency between the provisions of this contract and theprovisions of any riders, addenda, exhibits or any other attachments hereto, the parties agree that the provisions most favorable to PRODUCER and ARTIST shall control. . 14. PURCHASER hereby Indemnifies and holds PRODUCER and ARTIST, as well as their respective agents, representative?., principals, employees, officers and directors, harmless from and against any loss, damage or expense, including reasonable attorney s fees, incurred or suffered by or threatened against PRODUCER or ARTIST or any of the foregoing in connection with or as a result of any claim for personal inju~ or property damage or otherwise brought by or on behalf of any third party person, firm or corporation as a ,~-~result of or in connection w~th Ihe engagement, which claim does not result from the active and willful negligence of the ARTIST and/or ~' PRODUCER. · 15. William Morris Agency, Inc. acts herein only as agent for PRODUCER and is not responsible for any act of commission or om ss on on the part of eitherPRODUCER, ARTIST or PURCHASER. In furtherance thereof and for the benefit of W am Morris Agency, it is agreed that neither PURCHASER nor PRODUCER will name or join William Morris Agency as a party in any civil action or suit arising out of, in connection with, or related to any act(s) of commission or omission of PURCHASER, ARTIST or PRODUCER. contract (a) cannot assigned or transferred without the written consent of PRODUCER, (b) contains the sole and complete 16. This be understanding ot the parties hereto and (c) may not be amended, supplemented, varied or discharged, except by an nstrument in writing signed by both parties. The validity, construction and effect of this contract shall be governed by the laws of t,h,e State of '~/IJ(, Tennessee, regardless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE ,~./~°AYMENT OF SAID PRICE IN FULL. The terms 'PRODUCER', 'ARTIST' and "PURCHASER' as used herein shall inc ude and apply /- to the singular, the plural and to all genders. (111/94-AFM) ~;)~' ~'~ ~:'/~c'3 ~----~'"~/'"~" ~'~" = ~._ ~-~ ,~1,~. RICOCHET ENGAGEMENT CONTRACT RIDER SEP 1 1999 CONTACT INFORMATION Management: John Dont~Ron Chancey Office 615/320-7714 Fax 615/320-5799 (CONTACT) Larry McKeehan Mobile 615/812-9670 Hallmart< Dlrec~on Co. Tour Management: (CONTACT) Kevln Hulett Mobile 615/948-2419 VM/Fax 800/276-7148 Public Relations: Jules Worlmen ~ 615/2':JB-(X)35 Fax 615/256-0250 Wortman Wort<s Record Label: Columbia Records Off~e 615/742-4321 INC RICOCHET Federal I D No. ~43-1ff448ZE Band Members: All band personnel are members of AFM 12~7, Nashville Perry Heath Wright (Leader), Dwayne M. Bryant, Jeffrey P. Bryant. Teddy Sloan Cart, Gregory C. Cook, Edward J. K]lgellon This Rider ('Rider") is attached to and made a part of the Contract ('Contract") between Ricochet, Inc. ("Producer") f/s/o Ricochet ("Artist") and the purchaser of said sewices ("Purchaser") as defined on the face of the Contract in connection with the Artist's performance(s) at the venue(s) described therein ('Venue" or the "Engagement"). Purchaser shall provide the following for ARTIST in order to have the 'best possible show. ,, I. HOSPITALITY A. Thirty (30) pdme tickets per show. B. Parking as dose as possible to backstage entrance for 45' bus with trailer. C. One fifteen (15) passenger van and non smoking safe driver from load-in to load out. D. Twelve (12) hand towels, three (3) cases of small bottled water, three (3) cases assorted Coke, Diet Coke and Sprite, one (1) gallon 2°/6 milk, 1/2 gallon orange juice and eight (8) C bags of crushed ice delivered to bus at load-in. ~ Twn (~2) r~_~.~ nf ~nr_n~=_' O.n.e/,!) C2~-: cf CCC~ ~. &,'~4 ,~,~ (i) bottle re~ wine ainu ul F. Lunch for f'~teen (15) people at load-in. G. Dinner (ind. entree, vegetables, bread, desert & drinks) for fifteen (15) people after soundcheck. H. Three (3) large pizzas and four (4) bags of ice delivered to bus at end of show. II. STAGING/PRODUCTION ~' A~ghting, front and back truss, with all cables, gels, dimmers and lighting desk with operator. 0 B.~Tem'C2T~ollow spots with platforms, three (3) station clear corn system and all cabling. C. Adequate electrical power to power all equipment Including quad boxes for stage. D. Minimum stage dimensions of 30~(20'X4'. E. Power amplifiers (Crown or equivalent), cables and speakers (EAW KF850 or equivalent, preferably flown) adequate to delNer equal and undistorted sound to entire audience, com- :~'P~ plate with drive re( ,.J~_~'y'f,][R[r-c~annel snake, returns and CD player. , _~,,, F.~annelrnixJ-ng (x3r:l~le (Yamaha PM3000 or equivalent). G. Six (6) strong people to unload truck & set up equipment at load-in, also to tear down --~ equipment and load truck after show. " "}'[,,,;mm'~TPeopie dudng show to oi3erate spotlights and do set changes. I. if Outdoor Show, stage top and sufficient visqueen to thoroughly cover all equipment in · eVent of rain. III. MERCHANDISING. Four (4) eight foot (8') tables, six (6) chairs, AC outlet and a mutually agreeable location to sell merchandise. (OVER) BroocI.wo~l,,,.~_, ,. NoshvIt{e. Tennessee 37203 · 6t5-:520-7714 · 615-320-5799 Fox 1905 possible show: SEP! IV. MERCHANDISING RIGHI'~*, A~ ~n~or ~'s Repm~e sh~ll h~e ~e ~le ~ e~us~e ~M, ~mu~h o~on, to ~11A~M's U~n~ P~u~. Pu~ ~er ~g~s ~ w~ms th~ ~em ~11 ~ no ~le or other di~b~on of ~i~s ~or ~her ~enir mMe~l~p~u~s o~her th~n ~ A~ ~or A~'s Rep~t~e ~m~i~y ~in~, dud~ an~or imm~y ~er the Pe~o~n~ ~ho~ the p~or ~en ~nsen~ ~ P~u~rlA~i~. P~u~r ~11 ~in ~00% ~ the pm~s from su~ ~les, V. SECURe. Pu~a~r is ~lely ms~n~ble for p~i~ ~ in ~nn~on ~h the ~~e~, In~uding, ~ho~ I~on, the ~e~on ~ ~, AAi~'s ~oye~ and ~ents, ~ui~eN, in~me~s and ~mns. To this e~, Pu~a~r shall p~e a~ ~y ~r a minimum ~ ~e (5) ~ple f~ 1~ hour ~fom ~m~h 1~ hour ~er ~ ~. 8~N8ORaHIP. ~ ~~ ~~ ~~ ~/~' ~ ~~ All fo~s of s~n~lp, ~her pa~ ~ an o~oi~ ~ ~ ~~lly for A~s show, mu~ ~ ,~ho~ by P~u~c ~is includes ~e desMnaflon of any radio ,~flon ~s a ~sen~ or ~lcoming s~flon' ~ich MUST BE ~PROVED IN WR~ BY PRODUCER ~1 In a~ of ~ dam of ~e engag~e~ Pu~e~~ shall ~m a valid insumn~ ~11~ in ~e~ ~r ea~ Venue ~mugho~ Engageme~ Ond~idg Ioa~in & IoM o~) and In ml~on to MI mhea~l fad]~ie~, t~ ~er Pu~am~s and public Iiabil~, ~e~s ~m~n~tion, ~i~ pa~ ~aims and a~ o~ner appmp~e ~e~e to lim~ n~ less than ONE Mi~ON ~~S ~S $ 1,000,000.00:.~ a~ unlim~ in the agg~e. Pu~aser shall name Pr~u~r, ~ and thor ms~e ~ploy~s and age,s as add~ional insu~ on ~id ~liw. Pm~ ~ su~ ~liw ~all ~ fumish~ to A~'s Manager, u~n demand, p~or to eng~ement. Pu~ha~ ~J~her agrees to p~ide full al~ in~mn~ ~e~ge for all ~ui~e~ and in~mmeNs ~;d~ by ~ ancot A~i~'s employees, ~Nm~o~ and ~e~s, again~ tim, vandali~, th~, ~ot or any ~er ~y~ ~ a~ or wen ~using ha~ or damage to, or Io~ of, the in~mme~ ~uipment ~ ~id~, ~ples ~ su~ mu~ ~ ~~ to P~u~r/A~M u~n ~ue~. VIIL T~E~. ., Pu~haser shall pay, ~ a's ~le e~nse, a~ t~es, fees, dues, levies a~ the like ml~ing to the Engagement and the sums payable to P~u~r/~M shall ~ ~e ~ ~me. ~e fo~oing ~all n~ apply to any F~eml or StYe in~e t~es im~ ~ I~ on P~u~r/A~ for EngagemeNs ~o~ w~hin the Una~ ~ates (unle~ othe~se ~at~ on the fa~ ~ the CoNm~) b~ shall ap~y to- ~ :.. all fo~s ~ t~es indudi~, ~ho~ lima~ion, any busine~ o~panw t~ or any value ~d~ t~ ~A~. .. IX. CHOICE OF ~W~ORUM. In the ~ent ~ any defaua, di~e or bma~ ~ this Agmeme~ ~uidng ~u~ a~on, the Pa~es he,to ~nsent to venue in Dw~n Cou~y, Tennessee, in any su~ a~on. Fu~he~om, the p~ailing Pa~y ~all ~ e~ to m~er reachable ~ome~s fees, e~n~s and ~u~ September 14, 1999 Item #16C10 CHANGE ORDER #3 TO CONTRACT 98-2795 WITH W.G. MILLS, INC. FOR EAGLE LAKES COMMUNITY PARK PROJECT - IN THE AMOUNT OF $42,772.00 Item #16Cll - Deleted Item #16C12 BUDGET AMENDMENT TO FUND THE PREVIOUSLY APPROVED NAPLES BEACH ENDS PROJECT - IN THE AMOUNT OF $11,600.00 Item #16D1 INVOICE PROVISION CHANGE IN CONTRACT NO. 96-2488, ON-CALL ROOFING AND INSPECTION SERVICES Item #16D2 BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICE REVENUES FOR REIMBURSEMENT OF OPERATING EXPENSES - IN THE AMOUNT OF $36,200.00 Item #16D3 SATISFACTION OF LIEN FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE, RE JOHN FREEHAFER, LOT 10, BLOCK 284, UNIT 8, MARCO BEACH Page 205 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SEP { 4 {999 2533225 OR: 2593 PG: 1073 09/20/19~9 at 07:51AN DVlGH? B. BROC[, g~BR& COPIBg Retu: CLBRK ?O ?H! BOARD 7240 5.00 1.00 Property Folio No. 57741040000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Barbara K. Hamory 205 Greenock Dr Greenville, DE 19807 The Lien was recorded on 07/27/98 in Official Record Book 2444 page 2434 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 10 block 284 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County~ Florida, acting through its Chairwoman, directs execution, and recording of this Satisfaction of Lien, by action of the Board this J;(/ day of .~.,~/_~ , 1999. ATTEST: DWIGHT :E. B~OCK, Clerk and l~gal suffi~fency BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By:~~~J PAMELA S. MAC'KIE, CHAIRWOMAN / September 14, 1999 Item #16D4 RESOLUTION 99-349/CWS-99-2/MWS-99-1/GWD-99-1, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN WATER AND/OR SEWER SPECIAL ASSESSMENTS FOR THE 1999 TAX YEAR Page 206 Reta: KLRRK TO ~liB BOARD IN?BROFFIC! 47H FLOOR RXT 7240 2533224 OR: 2593 ?G: 1068 RBCORDBO in the OFFICIAL R)¢ORI)~ of COLLIBR COUNTY, FL 09/20/1999 at 07:?TAN DWIGHT B, BROCK, CLERK RESOLUTION NO. 99-__.~9 RESOLUTION NO. CWS-99- 2 RESOLUTION NO. MWS-99- 1 RESOLUTION NO. GWD-99-_.L RBC FB! 24.00 COPIBS 5.00 SEP 1 q 1999 RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT AND THE MARCO WATER AND SEWER DISTRICT APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN WATER AND/OR SEWER SPECIAL ASSESSMENTS FOR THE 1999 TAX YEAR. WHEREAS, the Board of County Commissioners in its individual capacity as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Goodland Water District and the Marco Water and Sewer District (hereinafter referred to as the "Board") established by Resolutions No. 96-358, No. CWS-96-9, No. MWS-96-2 and No. GWD-96-2 a program for the deferrals of special assessments for water and/or sewer improvements for homeOwners who qualify under said Resolutions; and WHEREAS, Section Eight of said Resolutions provides that the Board shall approve by resolution the special assessment hardship deferrals which shall include the property owner's name, mailing address, legal description of the property, property folio number, the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,. FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT AND THE MARCO WATER AND SEWER DISTRICT THAT: OR: 2593 ?G: 1069 S EP! 999 The owners identified on Exhibit "A" have been approved for the special assessment hardship deferral. This Resolution shall be recorded in the Public Records of Collier this County, Florida. 3. This Resolution shall become effective immediately upon its adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote ,/,,z//' day of ..-,~',"r'J~ , 1 999. /- ATTEST: DWIGHT E. BROCK, Clerk ', , ;' '. ;: '1,' ,~. ,t Approved as to fo~ and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSI'.~.ERS.'!'=,:. COLLIER COUNTY, .FLOR. IDA' GOVERNING BODY" .-'.: OF COLLIER .:t;" COUNTY, AND AS .E~;OFFIC!~ THE:;:;: GOVERNING BOARD QF:ZI'HE COLLIER ~:';'-' COUNTY WATER-SEV~ER. '. DIS~'RIC,T.;.i!.::::' THE GOODLAND WATE'R"D'I~TI~ICT THE MARCO DISTRICT .::,'.' ,:., :.,-,,' ...... , , ,, .' ~ '~:.',..'t."'.',"..~ //~':. PAMELA S. MAC'KIE':-..~CHAIR~...~. M~N..,~." ..:'." ' OR: 2593 PG: 1070 1999 -1- X Iml -- -0 ~ o 0 o o,0 o o ~ m~ ~ ~ ~jz ~ ~ o ~ ~z Z ~ -- Z~ Z~ ZZ0 Z~ 0 b~o ~o ~ ~ a z~ O~w O~ 0 ~ 0 0 0~ ~ 0< ' , O< ~ 0z ~ ~ = ~ 2<5 5 g~' o ~ ~ ~ Z . ~ ~z z~ ~ -z ~ ~z ~~~z.~ ~ - ~ - z 0 0 ~ ~ ~ ~ ~ ~ OR: 2593 PG: 1071 -r X I ) ~ ~ i Z Z~ Z~ Z~ ~ Z~ ~ ~0 0 0 0 00~ O0,m Oz~ 0 0 0 J ~z e~z ~ z 0 ~ ~ ~ 0 O' *** OR: 2593 PG: 1072 *** SEP 1 ~ 1999 September 14, 1999 Item #16D5 PROPOSAL FROM DOUGLAS N. HIGGINS, INC., UNDER CONTRACT 98-2783, TO INSTALL A LIFT STATION AND FORCE MAIN AT THE COLLIER COUNTY MAINTENANCE FACILITY ON COUNTY BARN ROAD - IN THE AMOUNT OF $77,250 Page 207 WORX ORDE~ # FM-DH-L0 SEP 1 1999 Annual Un~ergroun~ Utility Contr&ctor's ~F~ #98-2?83, da~e~ 011ne 16, 1998 This Work Order is for utility contracting services, subject Co the terms and conditions of the Contract referenced above, for Work k/%own as: ~ Install a Lift Station and Force Main at the County Maintenance Facility, County Bar~ Road. The work is specified in the proposal dated 7/28/99 from D_Q~ Hiaains, Inc. which is a~tached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # FM-DH-10 is assigned to Doualas N. Hia~ins,_ inc. Scope: Contractor to supply labor and material for the installation of a new "Environment One' lift station and sanitary sewer system as outlined in a letter of July 6, 1999 by Bob Pierce, Keen Engineering plans dated April 27, 1999 and a proposal by Douglas N. Higgins, Inc. dated July 28, 1999. Schedule of Work: Order. Complete within 30 days from receipt of Purchase ~omDensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL FEW $ 77,250.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D o~ the Agreement. tamp, ' - artment of Facilities Management bate SEP 1 1999 Work Order FM-DH-10 Page 2 ATTEST: {Corporate Secretary) R. Suzanne~Hawker Sec./Treas. Typed Name and Title BOARD OF COUNTY COM~ISSIO~RS Collier ~ty, Florida ~am~la' ~'.-~a~K~e,- ~ha~r~an By:. Doualas N, Hiamins. Inc. Contractor · Si~na.ture, (or) witnesses (2) (1) Signature (2) signature (Print Name) (Print Name) ADDroved as to Form and Legal Sufficiency: Assistant Co~ Attorney 3 / SEP 1 1999 COLLIER COUNTY GOVERNMENT DEPARTMENT OF FACILITIES MANAGEMENT DIVISION OF SUPPORT SERVICES 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8380 FAX (941) 793-3795 A CERTIFIED BLUE CHIP COMblUNITY July 6, 1999 Sent Via Fax To: Kyle Construction, Inc. D. N. Higgins, Inc. Mitchell & Stark Construction Co., Inc. Re: Contract g98-2783 "Annual Underground Utility Contracting Services" Written proposals are being accepted for the installation of a new "Environment One" lift station and sanitary sewer system located at the Collier County Road & Bridge facility on County Barn Road. The scope of work is for a complete and operational system and includes, but is not limited to, the abandonment of the existing septic tank system (3 tanks), road cut, 2" forcemain, 8" gravity sewer line, related electrical work, all valves, all permits except FDEP application, and site restorations. Construction details and specifications are shown on plans prepared by Keen Engineering dated 27 April 99 and are available at the Facilities Management Department. Proposals are due no later than 12:00 PM July 29, 1999 and may be faxed, mailed, or hand delivered prior to this time to Bob Pierce at Facilities Management. Thank you for your participation in the bidding process. Project Manager 3390 TRAVI$ POI,'qTE ROAD 2887 TANIIAMI TRAIL EAST July 25xh, 1999 Bob Pierce Project Manager Department of Facilities Management Collier County Fax: 793-3795 SurI'E A SUITE 1 ANN ARBOR. UI ,t8108 NAPLES. FL 34~2 (734} ~-cJ~:~O (941) 774.3130 FAX: 17~) '~OG-G-,~ FAX: (9'HI 774-42GG RE: COLLIER COUNTY ROAD & BRIDGE FACILITY LIFT STATION. Dear Bob, We are happy to quote all work for the lift station ax thc Collier County Road & Bridge Facility. We will complete the work per your letter dated July 6, 1999 and thc Keen Engineering plans dated April 27*, 1999. We will complete the project for the lmnp sum price of We can begin thc job as soon as all material can be procured. Please give mc a call with any questions. (941) 774-3130 Sincerely, DOU~A~~~C. D~I N. Higgins Project Manager E.E.O. September 14, 1999 Item #16D6 RESOLUTION 99-350, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF CERTAIN INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE FOR LIVINGSTON ROAD BETWEEN VANDERBILT BEACH ROAD AND PINE RIDGE ROAD, CIE PROJECT NO. 58 Page 208 SEP 1 1999 REC$OL~ION NO. 9~- 350 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE REQUIRED FOR THE FOUR-LANING CONSTRUCTION IMPROVEMENTS FOR LIVINGSTON ROAD BETWEEN VANDERBILT BEACH ROAD AND PINE RIDGE ROAD CIE NO. 58. WHEREAS, the Board of County Commissioners (Board), 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 construction improvements for Livingston Road between Vanderbilt Beach Road and Pine Ridge Road are component parts of the Transportation Element of the County's Comprehensive Plan; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the four-laning construction improvement for Livingston Road between Vanderbilt Beach Road and Pine Ridge Road, hereinai~er referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Proj eot are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. -Pa~e 1- SEP 1 1999 2. The road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or the fee simple title interests acquisitions identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for the four-laning construction improvements for Livingston Road between Vanderbilt Beach Road and Pine Ridge Road, CIE No. 58. 3. The Board has determined that the construction and maintenance of the transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or the fee simple title interests identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests on the properties identified in Exhibit "A". 6. The Chairwoman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefi'om) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer -Page 2- SEP 1 1999 immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairwoman and any subsequent Chairman/Chairwoman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney which may include, agreements, documents to remove the lien of any encumbrance, and for any such other purpose as may be required for the acquired road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Public Works Engineering Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 11. The Chairwoman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by "Purchase Agreement" or "Easement Agreement", to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. -Pa~e 3- SEP ! q 1999 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staffis hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. This Resolution adopted on this /f>d day of ~ ,1999, after motion, second and majority vote. Approved as to form and legal sufficiency I~eidi F. Ashton Assistant Oounty Attorney BOARD OF COUNTY COMMISSIONERS OF v Pamela S. Mac'Kie, Chairwoman/ / -PaDe 4- SEP I 1999 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. This Resolution adopted on this _~ day of ...~7~t- ,1999, after motion, second and majority vote. Approved as to form and legal sufficiency ~eidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF Pamela S. Mac'Kie, Chairwoman/ / -Page 4- LIVINGSTON ROAD RIGHT-OF-WAY CORRIDOR $~P 1 ~ 1999 VANDERBILT BEACH ROAD THE ORCHARDS ~ ~ V ~ ~ N VILLAGE WALK 1 Oak GROVE ~ T . O ~ DANIELS ROAD FIRST BAPTIST ) O PUD i E N ~ ! HUNTERS ROAD i i F SABLE RIDGE LANE P ! ~ C I i^ O I , M BOTTLEBRUSH LANE . R i ~ 0 I' )1 R LIVINGSTON WOODS LANE PINE RIDGE ROAD September 14, 1999 Item #16D7 FIRST AMENDMENT TO AGREEMENT TO PROVIDE FOR A SIX (6) MONTH EXTENSION IN ORDER TO UTILIZE FUNDS FROM THE GAC LAND TRUST TO CONSTRUCT RURAL SAFETY REFUGE FACILITIES WITHIN GOLDEN GATE ESTATES - BUDGET AMENDMENT AND/OR DOCUMENT IN ORDER TO RE-BUDGET THE $50,000 ALLOCATION IN FY Page 209 16D7'1 FIRST AMENDrvlENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT entered into this /.z./Z day of,..~ , 1999 at Naples, Collier County, Florida by and between COLLIER COUNTY, A P~LITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East, Administration Building, Naples, Florida 34112 and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE TRANSPORTATION DEPARTMENT OF COLLIER COUNTY, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida, 34112. WITNESSETH WHEREAS, the Trustee and County have previously entered into an Agreement, dated October 13, 1998 (the "Agreement") to provide for Rural Safety Refuge Facilities for use by the public; and, WHEREAS, the Trustee and County are desirous of amending the Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated October 13, 1998 and Ten Dollars ($10.00) and other valuable consideration, the said Agreement is hereby amended as follows: 1. Paragraph 5, Section (3) of the Agreement is hereby deleted in its entirety and the following provision is substituted in its place: 5. (3) The Improvements shall be constructed by the County within eighteen (18) months of the execution of the Agreement by both parties. In the event that the Improvements are not constructed by the County within eighteen (18) months from the execution of this Agreement, it is understood and agreed by the parties that the County shall refund and repay to Trustee, within thirty (30) days, any and all Funds which have been provided to the County pursuant to the provisions of the 1983 Agreement. Except as expressly provided herein, the Agreement shall remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, Trustee and County have caused this First Amendment to Agreement to be duly executed on the day and year first above written. AS TO TRUSTEE: ATTEST: DWIGHT E: BROCK,_~-'~i · Clerk/ ~, A~ TO OOUN~: T HEDATED:' '~~ A~EST: DWIGHT E. ~E~'0~ CLERK --~ . ~t~est COLLIER COUNTY, A POLITICAL SUBDIVISION OF STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS AS BY~A~ELA S. MAC'KIE, Chairv~man COLLIER COUNTY, A POLITICAL SUBDIVISION OF STATE OF FLORIDA, FOR AND ON BEHALF OF Approved as to form and Legal suffix:ten?y: Assistant County Attorney September 14, 1999 Item #16D8 AFFIDVAIT OF NO OBJECTION FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONCERNING THE BARGE AT GOODLAND BRIDGE Page 210 SEP I zl 1999 TO: FROM: Submerged Lands and Environmental Resources Program Department of Environmental Protection File No. 112251009 / 11-0103777-001 Applicant: Maureen Morgan, Inc., d/b/a The Barge at Goodland Bridge AFFIDAVIT STATE OF FLORIDA COUNTY OF Collier County BCC Before me this /~ day of _~ ,1999, personally appeared Pamela S. Mac'Kie, Chairwoman, on behalf of the CollieffCounty Board of County Commissioners, who, being duly sworn, deposes and says the she has been advised that Section 18-21.004(3)(d), Florida Administrative Code, states: "All stmcmros and other activities must be set back a minimum of twenty- five (25) feet from the applicant's riparian rights line. Marginal docks may be set back only ten (10) feet. Thero shall be no exceptions to the setbacks unless the applicant's shoreline frontage is less than sixty-five (65) feet or a sworn affidavit of no objection is obtained from the affected adjacent upland riparian owner, or the proposed structure is a subaqueous utility line." and, as adjacent upland riparian owner to the south of the facility covered under subject sovereign submerged lands application, has no objection to the sovereignty submerged land lease boundary not meeting the 25 foot setback requirement. ATTEST: 2~Dep~ty Clerk for: 'Dwight E. Brock ~lerk of Court Attest. as BOARD OF COUNTY COMMISSI~RS OF COLLIER/Chg_.,UNTY, FLORIDA, a politjea.5.L By:/ameba Sl M~'K~'e, ~hairw/an --'~ September 14, 1999 Item #16D9 BID 99-2943, TURF PURCHASE AND DELIVERY AND BID 99-2944, HERBICIDES/PESTICIDES/FUNGICIDES - AWARDED TO VARIOUS VENDORS ON A LINE-BY-LINE BASIS Item #16D10 RENEWAL OF CONTRACT BETWEEN FLORIDA EMPLOYERS INSURANCE SERVICE CORPORATION (.FEISCO.) AND COLLIER COUNTY - FOR A THREE YEAR TERM BEGINNING OCTOBER 1, 1999 Page 211 AGREEMENT FOR SERVICES This Agreement for services is entered into and effective this 1st day of October, 1999 between FLORIDA EMPLOYERS INSURANCE SERVICE CORPORATION, 2601 Cattlemen Road, Sarasota, Florida 34232 (hereinafter referred to as "FEISCO"), COLLIER COUNTY, 3301 E Tamiami Trail, Naples, Florida 33962 (hereinafter referred to as "Employer"). WITNESSETH: Recitals of Fact: FEISCO is an insurance service company, which provides administrative services for a variety of Insurance and Self-Insurance entities. Employer is an approved Self-Insurer pursuant to Chapter 440, Florida Statutes, for workers' compensation benefits, which may be owed to its employees. Employer desires to have FEISCO provide it with certain claims handling services necessary to process workers' compensation claims. Therefore, in consideration of the foregoing and of the mutual agreements hereinafter set forth, FEISCO and Employer hereby agree: I. Recitals of Fact: The Recitals of Fact above are true and correct and incorporated herein by reference. II. Representation and Warranty: The Employer represents and warrants that it is a qualified Self-Insurer under Chapter 440, Florida Statutes. Employer shall notify FEISCO immediately should its status as a Self- Insurer change. Employer warrants that it is vested with the requisite authority to enter into this Agreement. III. Term of this Aqreement: The term of this Agreement shall be one (1) year on a calendar basis and shall take effect beginning at 12:01 a.m. October 1, 1999 and end at 12:01 a.m. October 1, 2000. This Agreement shall automatically renew for an additional two (2) yearly periods subject to the termination provisions contained herein. IV. Services to be Provided by FEISCO: During the period this Agreement is in effect, FEISCO shall represent and act on behalf of the Employer in all matters pertaining to the investigation and managing of all claims for workers' compensation benefits made against Employer which arise from accidents occurring during the term of this Agreement. In conjunction therewith, FEISCO will: (a) Receive notice of and create files for each claim reported by Employer to FEISCO, and maintain such files for Employer; V= (b) Investigate all claims as needed to determine validity and compensability of the claims; (c) Determine which benefits are due on compensable claims, and the extent of any benefits owed; (d} Make timely payment of benefits due, in accordance with payment procedures required by Florida Workers' Compensation Law, from the Employer's Loss Fund Expense Account described in Section VI(a) herein; (e) Prepare documentation for the defense of claims where disputes arise, and assist legal counsel designated by Employer in preparation of cases for hearings and appeals. Additionally, FEISCO will set reserves for each claim; (0 Provide monthly reports showing descriptive data, details of each month's payments, total payments, reserves and experience for each claim. FEISCO may provide other reports as requested by Employer so long as such additional reports can be formatted within FEISCO's normal, current data base and software capabilities; (g) Provide information and assistance as may be required for preparation and filing of all reports required from Employer by governmental authorities in connection with claims; (h) File with the appropriate governmental entity the information on each claim as may be required by law or duly promulgated regulations; (i) Provide Loss Control Consultation as directed by the Employer. Employer agrees to pay FEISCO's normal hourly rate of $85 per hour for such consultation. Payment for such services is due upon receipt of the invoice by Employer. Employer recognizes that FEISCO does not provide Safety Engineering Services; Payment for Services: For the initial term of this Agreement and two (2) renewal periods thereafter, the Employer agrees to pay to FEISCO for its services in accordance with the following schedule: Year 1 Minimum: $37,000 up to 200 total claims All claims over 200: Lost Time @ $650/per claim Medical Only @ $110/per claim Year 2 Minimum: $38,000 up to 210 total claims All claims over 210: Lost Time @ $660/per claim Medical Only @ $115/per claim 2 VI. VII. Year 3 Minimum: $40,000 up to 220 total claims All claims over 220: Lost Time @ $670/per claim Medical Only @ $120/per claim Managed Care Network: FEISCO has created a state approved workers' compensation managed care network (Network). FEISCO's Network is known as the Medical Advantage Plan (MAP) which includes a prescription drug component. The MAP Fee Schedule is generally less than the allowable charges contained in the state-approved workers' compensation fee schedule. Should the Employer desire to utilize the MAP Network, the parties agree that the Employer's workers' compensation claimants shall have access to the MAP network in accordance with the pricing parameters listed below. Access charges are in addition to the Employer's obligation to pay for the cost of benefits owed to its injured employees as specified in Paragraph VIII. Provider Group MAP Medical Providers and Prescription Pharmacies. Access Charge 45% of savings realized after the reduction from the state fee schedule. Payment of Claims Expenses and Loss Fund Expense Account: (a) Employer agrees to establish a Loss Fund Expense Account to meet its obligations to provide benefits to its injured employees pursuant to Chapter 440, Florida Workers' Compensation Law. Such account will be established with a financial institution mutually agreed to by the parties, upon execution of this Agreement. The funds in the account shall be utilized by FEISCO to pay the cost of claims and expenses necessary to provide benefits and pay expenses allowed by the Florida Workers' Compensation Law. Employer agrees to authorize and facilitate FEISCO's signatory authority on the account. (b) FEISCO acknowledges that the funds in such account are held in trust for Employer. FEISCO will make a monthly accounting of expenditures from this account to Employer. Employer agrees to maintain a zero balance account. FEISCO shall render an invoice and Employer will immediately deposit the sums necessary to pay the outstanding claims and expenses to cover such costs. FEISCO is not obligated to make any payments unless there are sufficient funds in the account. FEISCO shall not, under any circumstances, advance its own funds to pay Employer's claims or expenses. (c) All costs for items including but not limited to: cost of medical and indemnity benefits, investigation of claims, attorney's fees, court or hearing costs, depositions (and FEISCO's transportation and lodging fees related thereto), documents and exhibits, witness fees, photography, rehabilitation, and other incidental and special 3 costs, shall be borne by the Employer as normal claims related expenditures and shall be charged against the Loss Fund Expense Account. However, charges for services performed by FEISCO as specified in paragraph V herein shall be invoiced directly to Employer and shall not be charged against the Loss Fund Expense Account. (d) FEISCO agrees to process all medical invoices and perform medical bill assessment and utilization review prior to payment. Such assessment shall include, but not be limited to: cost containment and fee schedule compliance. Applicable statutory and regulatory requirements for payment will be taken into consideration when performing such reviews. (e) FEISCO will submit requests in advance for Employer approval of expenditures related to items such as: settlement, rehabilitation, and surveillance. VIII. Termination: (a) This Agreement may be terminated without cause by either party as follows: (1) The terminating party shall provide ninety (90) days advance written notice of such termination to the other party ("Notice Period"). (2) Such notice must be sent by registered or certified mail. (3) Payment for FEISCO's services performed during the Notice Period shall be in accordance with the timed pricing structure contained in paragraph V herein. (b) Upon termination of this Agreement for any reason whatsoever, Employer, at its sole discretion, may request that FEISCO continue to perform services required by this Agreement until the conclusion of the Employer's claims incurred during the term of the Agreement. Payment for such services shall be based on a loss conversion factor of 1.10 on each claim dollar expended on all claims handled by FEISCO. The parties agree that FEISCO may, at its sole discretion, cease providing services and in the alternative, transfer all claims files to the Employer or its designee after providing fifteen (15) days advance notice to Employer or its designee, and thereafter, facilitate an orderly transfer of claims handling responsibilities. IX. Default Resolution Procedure: After exhausting the following default resolution procedure, either party may terminate this Agreement. All obligations, both financial and service related, are binding until the date of termination of this Agreement. Step 1. The aggrieved party must send a written request demanding correction of the default within a minimum of thirty (30) days, or any other extended time frame. A written response is required from the deficient party at the end of the prescribed time frame. Step 2. If the deficiency continues, or the correction is unsatisfactory, this Agreement may be terminated in accordance with the terms and conditions of paragraphs VIII (a) and (b) herein. 4 Notices: All notices required herein shall be in writing and sent by Certified requested, to the respective parties at the following addresses: Mail, return receipt Xl. XlI. To the Employer: Collier County Government 3301 E Tamiami Trail Naples, FL 33962 Attn: Jeff Walker Risk Management Director To FEISCO: Florida Employers Insurance Service Corp. 2601 Cattlemen Road Sarasota, Florida 34232 Attn: David Webber Executive Vice President and CFO Modification and Enforcement of this Agreement: (a) Neither this Agreement nor any attachments thereto may be changed, waived, or discharged except by written agreement between the Employer and FEISCO. (b) In the event a court of competent jurisdiction modifies any provision of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect. The modified provisions of this Agreement shall not impair or affect the validity or enforceability of any other provision of this Agreement, which provision shall remain in full force and effect. (c) The headings of this Agreement are for purposes of reference only and will not limit or otherwise affect the meaning thereof. (d) This Agreement is not assignable except by mutual agreement in writing. (e) This Agreement sets forth the entire understanding of the parties and supersedes all prior written agreements between them. Jurisdiction and Venue: The parties to this Agreement agree that jurisdiction and venue shall properly lie in the Twentieth Judicial Court of the State of Florida, in and for Collier County, Flodda or in the United States District Court for the Middle District of Florida, with respect to any legal proceedings arising from this Agreement. The parties further agree that the mailing by certified mail of any process shall constitute valid and lawful process against them, and further agree to bring all legal proceedings arising under this Agreement only in the courts listed above. 5 XlII. Indemnification: XlV. (a) Except to the extent that any loss, liability or damage as hereinafter described shall arise out of the negligent or willful act of Employer, or shall have been incurred as a result of any directives or instructions issued to FEISCO by authorized personnel of Employer, FEISCO agrees to defend, indemnify, save and hold harmless, and defend Employer, its officers, agents and employees from and against any and all liens, charges, claims, demands, losses, costs, judgments, liabilities and court costs and reasonable attorney fees, arising directly out of FEISCO's negligent performance of any service pursuant to this Agreement. (b) Any financial penalties imposed by the State of Florida for improper or late benefit payments will become the responsibility of the party whose actions are determined to have caused the imposition of such penalties. In the event any Florida regulatory authority requires notification or corrections of any compliance issues, the party whose actions are at issue will formulate the response and provide the other party with documentation of such correction. (c) Not withstanding anything contained in the Agreement to the contrary, the provisions of paragraphs XIII (a) and (b) shall survive the termination or expiration of this Agreement. Insurance: FEISCO agrees to maintain the following insurance coverages and limits during the term of this agreement. Certificates of insurance evidencing such coverage shall be provided to the Collier County Risk Management Director annually prior to the renewal of this Agreement. Failure to maintain required coverage shall result in breach of this Agreement. Required coverages are: (a) Professional Errors & Omissions Insurance - $1,000,000 per occurrence, $2,000,000 aggregate. (b) Commercial General Liability Insurance - $1,000,000 per occurrence, $2,000,000 general aggregate, $1,000,000 products'/completed operations aggregate, $1,000,000 personal injury. (c) Workers' Compensation Insurance - Statutory Limits. (d) Employer's Liability - $100,000 each accident, $500,000 Disease - policy limit, $1001,000 Disease - each employee. (e) Automobile Liability - $1,000,000 each accident combined single limits. 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in two (2) counterparts, each of which constitute an original effective on the 1st day of October, 1999. ATIEST: Dwight E. Brock, .'Clerk Attest stg.ature only. WlTNESSETH: Approved As To Form and Legal Sufficiency: County Attorney Board of Commissioners Collier County, Florida TimOthy J. Constantine, Q6air~an Florida/~ployers Insurance Service Co rp,e'r~tio n /~',f~ A~- t~ee"n~ Sr. Executive Vice President 7 September 14, 1999 Item #16Dll RENEWAL OF CONTRACT WITH CRAMER, JOHNSON, WIGGINS AND ASSOCIATES FOR PROPERTY AND CASUALTY INSURANCE ADJUSTING SERVICES - IN THE ESTIMATED AMOUNT OF $50,231.00 Page 212 S£P 1 zl 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 September 14, 1999 Item #16E1 RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS OF CONSENT/EMERGENCY ITEMS APPROVED BY THE COUNTY ADMINISTRATOR DURING THE BOARD'S ABSENCE Item #16E2 RFP 99-2952, FOR TENNIS & BASKETBALL COURT RESURFACING - AWARDED TO U.S. TENNIS AND FITNESS IN THE AMOUNT OF $40,411.00 Item #16E3 BUDGET AMENDMENTS 99-383; 99-394; AND 99-398 Item #16E4 BID #99-2964, LELY GOLF ESTATES BEAUTIFCATION MSTU ROADWAY GROUNDS MAINTENANCE - AWARDED TO ENVIRONMENTAL CARE, INC. IN THE AMOUNT OF $53,023.50 Item #16E5 BID #99-2956, "AIRPORT-PULLING ROAD GROUNDS MAINTENANCE SERVICE. - AWARDED TO COMMERCIAL LAND MAINTENANCE, INC. IN THE AMOUNT OF $141,006.52 Item #16E6 BID #99-2941, PURCHASE AND DELIVERY OF PINE STRAW MULCH - AWARDED TO CUSTOM PINE STRAW, INC. IN THE AMOUNT OF $42,840.00 Item #16E7 BUDGET AMENDMENT FOR THE EAGLE CREEK MASTER PUMP STATION AND FORCE MAIN PROJECT NO. 73057 - IN THE AMOUNT OF $19,800.00 Item #16E8 BID #99-2954 FOR EMERGENCY AND SCHEDULED SEWER HAULING - AWARDED TO J.C. DRAINFIELD IN THE ESTIMATED AMOUNT OF $35,000.00 Item #16E9 BUDGET AMENDMENT FOR PATHWAYS PROJECT 69081 - IN THE AMOUNT OF $25,000.00 Item #16E10 BUDGET AMENDMENT TO RECOGNIZE REVENUE (FROM TOWER LEASE AT VINEYARDS COMMUNITY PARK) Item #16Ell Page 213 September 14, 1999 BUDGET AMENDMENT TO FUND THE PREVIOUSLY APPROVED NAPLES LANDING PROJECT - IN THE AMOUNT OF $46,000.00 Item #16E12 BUDGET AMENDMENT RECOGNIZING REVENUE (INSURANCE PROCEEDS FROM CLAIM OF VANDALISM OF TRAILER AT SOUTH PARK, IMMOKALEE) - IN THE AMOUNT OF $16,347.00 Item #16E13 SUBLEASE AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND GTE WIRELESS OF THE SOUTH, INC. - FIRST YEAR RENT IN THE AMOUNT OF $1,500 AND THE ANNUAL RENT FOLLOWING THE INITIAL YEAR,S RENT SHALL BE $10.00 Page 214 Lease # C-9403 ORIGINAL SUBLEASE AGREEMENT BETWEEN GTE WIRELESS OF THE SOUTH INCORPORATED ~.,~ AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS SUBI.EASE AGREEMENT made this //~z~ day of ~ , 199q~, hereinafter referred to as "Agreement ', by and between GTE W~reless of the South Incorporated hereinafter referred to as "SUBLESSOR", whose mailing address is 600 North Westshore Boulevard, Suite 900, Tampa, Florida 33609, and South Florida Water Management District, a public corporation of the State of Florida, whose mailing address is 3301 Gun Club Road, West Palm Beach, Florida 33416, hereinafter referred to as "SUBLESSEE." WITNESSETH: SEP 1 WHEREAS, GTE Wireless of the South Incorporated as LESSEE, the Board of County Commissioners of Collier County ("COUNTY"), as LESSOR, entered into a Lease Agreement dated October 24, 1995. WHEREAS, GTE Wireless of the South Incorporated desires to SUBI.EASE a portion of the premises to South Florida Water Management District for one (1) radio transmission antenna which ia 21.5 feet long and will be center mounted at an elevation of approximately One Hundred and~rr'/ti-~ feet above-ground and to be positioned on the southwest side of the existing tower, as shown on Exhibit "A" which is attached hereto and made a part of this Agreement, hereinafter referred to as the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of installing and operating an antenna and related equipment for Supervisory Control and Data Acquisition for the SUBLESSEE'S Electronic Support/Data Acquisition Division and; WHEREAS, the COUNTY shall install one (1) Decibel Products Omnidirectional DB264 radio antenna; Page 1 of 13 Lease No. C-9403 SEP i 199g NOW THEREFORE, in consideration of the payment of rents and the performance of the covenants hereinafter set forth, the parties agree as follows: ~: ARTICLE 1. Demised Premises SUBLESSOR does hereby sublease to SUBLESSEE and SUBLESSEE does hereby sublease from SUBLESSOR that certain portion of the radio tower located at the Immokalee Road and Bridge Facility as shown on Exhibit "A," hereinafter called the "Demised Premises," which is attached hereto and made a part hereof, situated in the County of Collier and the State of Florida, for the sole purpose of operating one (1) Decibel Products Omnidirectional DB264 radio antenna ("Communications Equipment"). ' The COUNTY hereby agrees to install thet~~ foot f~rt~going antenna to be center mounted at a height of approximately One Hundred ~ft~ Feet (q.r,~) for SUBLESSEE operation. The SUBLESSEE is also granted space within the COUNTY'S transmitter building in order to accommodate SUBLESSEE'S transmitter and related equipment. Said location within the COUNTY'S building shall be determined by the COUNTY at the time of installation of SUBLESSEE'S equipment. The COUNTY and SUBLESSOR represent that they have authority to grant the SUBLESSEE entry to the land leased to the State of Florida ("STATE") by the SUBLESSOR. The COUNTY and SUBLESSOR agree to allow SUBLESSEE to enter upon and cross over the land being leased the State by the SUBLESSOR for access to the Demised Premises as shown on Exhibit "B" which is attached hereto and made a part hereof and hereinafter referred to as "Access." This Access shall be granted on a twenty-four (24) hour basis by requesting entry to the Demised Premises, without prior notice to the State, directly at the site which is being leased to the State. ARTICLE 2. Term of Sublease Agreement The SUBLESSEE shall have and hold the Demised Premises commencing on the day this Agreement becomes effective and ending three (3) years from that date ("Initial Term"). The SUBLESSEE is granted the option, provided it is not in default of any of the terms of this Agreement, to renew same for one (1) additional term of three (3) years ("Extended Term") under the same terms and conditions herein by giving written notice of SUBLESSEE'S intention to do so to the SUBLESSOR not less than sixty (60) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent The SUBLESSEE hereby covenants and agrees to pay the LESSOR the amount of One Thousand Five Hundred Dollars and No Cents ($1,500.00) for the first year and the sum of Ten Dollars and No Cents ($10.00) annually thereafter as rent for the Demised Premises. Full payment for the initial Agreement term of One Thousand Five Hundred and Twenty Dollars and No Cents Page 2 of 13 Lease No. C-9403 ($1520.00) shall be paid in full within thirty (30) days from LESSOR'S acceptance of this Agreement. The rent due for the Extended Term shall be the sum of Ten Dollar~ and No Cents ($10.00) annually. The rent due for the renewal term, if exercised by SUBLESSEE pursuant to Article 2 above, shall be paid in full within thirty (30) days after the commencement of the renewal term. ARTICLE 4. SUBIJRSSOR'S Right To Terminate The SUBLESSOR reserves the right to terminate this Agreement based upon failure of SUBLESSEE to perform and/or failure to adhere to any of the terms and conditions contained within this Agreement, by providing the SUBLESSEE with thirty (30) day prior written notice at the address set forth in this Agreement. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICIJE 5. SUBLESSEE'S Right To Terminate The SUBLESSEE shall have the right to terminate this Agreement at any time, upon the following events: (a) If the LESSOR is unable to obtain approval of any agency, board, court or other governmental authority necessary for the construction and/or operation of the communications equipment cannot be obtained, or is revoked,or; (b) If the SUBLESSEE determines at any time that the property is not appropriate for locating the SUBLESSEE'S communication equipment for technological reasons, including, but limited to signal interference or; (c) If the approval of any agency, board court or other governmental authority necessary for the operation of the communications equipment cannot be obtained, or is revoked, or if the SUBLESSEE determines the cost of obtaining such approval is prohibitive, or; (d) For convenience, if the SUBLESSEE determines that to do so is in its best interests. The SUBLESSEE shall provide the SUBLESSOR with thirty days' written notice of termination of the Agreement under this Article. Upon termination, neither party shall owe any further obligation under the terms of Agreement, except upon the SUBLESSOR'S request, the SUBLESSEE shall have the responsibility of removing all of SUBLESSEE'S communications equipment from the Demised Premises and restoring the Demised Premises to is original condition, as near as practical, save and except normal wear and tear and acts beyond SUBLESSEE'S control. Page 3 of 13 Lease No. C-9403 SEP ! lggg ARTICI ~E 6. Utilities The LESSOR shall provide and pay monthly electrical service for SUBLESSEE'S use at the Demised Premises. If the existing electrical service is not sufficient, SUBLESSEE shall be responsible solely for any improvement or enhancement to the current system. The SUBLESSEE shall be solely responsible for and promptly pay all legitimate charges for telephone service consumed by the SUBLESSEE on the Demised Premises. ARTIC!~E 7. SUBLESSEE'S Default in Payment In the event the SUBLESSEE fails to pay the rentals, fees, or charges as required to be paid under the provisions of this Agreement, on or before the due date, such failure to pay shall constitute a default and the SUBLESSOR may, at its option, terminate this Agreement after ten (10) days written notice to the SUBLESSEE, unless the default be cured within the ten (10) day notice period. In any event, interest at the annual rate of ten (10) percent per year shall accrue against the delinquent payments until the same are paid. Implementation of this provision shall not preclude the SUBLESSOR, if it so desires, from terminating this Agreement for default in the payment of rentals, fees or charges, or from enforcing any other provisions contained herein. ARTICLE 8. Modification of Demised Premises The SUBLESSOR authorizes the SUBLESSEE to install the Communications Equipment on the Demised Premises. Prior to installing, attaching or erecting any equipment upon the Demised Premises, other than the equipment mentioned above, the SUBLESSEE shall obtain the SUBLESSOR'S written approval by specifying the nature and extent of the desired alterations, improvements, changes or additions, along with contemplated starting and completion time for such project. The SUBLESSOR or its designee will then have thirty (30) days within which to approve or deny, in writing, said request for changes, improvements, alterations or additions. The SUBLESSOR shall provide approval or denial within the aforementioned time period. Such requests from the SUBLESSEE shall not be unreasonably denied. The SUBLESSEE 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, bureaus, boards or officials. The SUBLESSEE further covenants and agrees without limiting its authority to require submission of proposed changes, alterations, additions or improvements as required above that no trailers or temporary structure of any kind whatsoever or signs shall be allowed or placed on the Demised Premises at any time unless approved in writing by the SUBLESSOR. Page 4 of 13 Lease No. C-9403 The SUBLESSEE shall remove any improvements completed by the SUBLESSEE prior to the expiration of this Agreement or any earlier termination as herein provided by a qualified tower crew whose insurance coverage and schedule must be pre-approved by the SUBLESSOR. The SUBLESSEE shall deliver up and surrender to the SUBLESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Agreement, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Agreement or may have been put by the SUBLESSOR or SUBLESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond the SUBLESSEE'S control excepted. The SUBLESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part hereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICI~E 9. Access to Demised Premises The SUBLESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same or making such repairs therein, as may be necessary for the safety and preservation thereof, and for the purpose of inspection for compliance with the provisions of this Agreement. ARTICI~E 10. InSurance The SUBLESSEE agrees to maintain self insurance at its sole cost and expense, public liability insurance against property damage or personal injury arising out of or growing out of the use of or occurring on or above the Demised Premises. Such self insurance shall be in accordance with Florida Statute 768.28. Nothing contained herein shall be construed or interpreted as (1) denying to the SUBLESSEE any remedy or defense available to it under the laws of the State of Florida; (2) the consent of the SUBLESSEE to be sued; or (3) a waiver of sovereign immunity beyond the waiver provided in Section 768.28 of the Florida Statutes. SUBLESSEE shall provide and maintain Workers' Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage include Employer's Liability with a minimum limit of one million dollars and no cents $100 000 0 each accident. The SUBLESSEE shall deliver to the COUNTY and the SUBLESSOR self insurance certificates (Certificates of Insurance) prior to the utilization of the Demised Premises. The SUBLESSEE agrees to make no changes or cancellations of the insurance without thirty (30) days prior written notice to the COUNTY and the SUBLESSOR. Page 5 of'13 Lease No. C-9403 ARTICI.E 11. Assignment and Subletting by SUBLESSEE The SUBLESSEE shall not voluntarily or by operation by law assign,.,tmnsfer, sublet or otherwise transfer or encumber all or any part of the SUBLESSEE'S interest in the Agreement or in the Demised Premises, without the SUBLESSOR'S prior written consent. ARTICLE 12. Permits The SUBLESSOR acknowledges that following the execution of this Agreement, the SUBLESSEE shall contact the appropriate local governmental agencies for the purpose of obtaining all building permits and approvals, zoning changes and/or approvals, variances, use permits, and other govemmental permits and approvals, collectively called "Permits," necessary for the operation, and maintenance of the Demised Premises. The SUBLESSOR agrees to fully cooperate with the SUBLESSEE in obtaining the Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificates, affidavits or other documents that may be required in connection with the Permits. ARTICLE 13. Consent Whenever under the Agreement the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner. ARTICIJE 14. Fencing If the SUBLESSEE'S equipment shelter cannot be accommodated within the SUBLESSOR'S fenced area, the SUBLESSEE is authorized to install a fence for the protection of the SUBLESSEE'S improvements to ensure the proper and efficient operations of the communications equipment within the Demised Premises. ARTICI.E 15. Signal Blockage The SUBLESSEE is leasing the Demised Premises for the purpose of transmitting and receiving telecommunication signals from the Demised Premises. The SUBLESSEE and the SUBLESSOR recognize that the purpose behind the Agreement would be frustrated if the telecommunication signals were partially or totally blocked, or if an obstruction were built that would cause interference with such transmission. The obstruction may be, by way of example, but not limited to: buildings or other structures in the path of the telecommunication signal. Should an obstruction occur, the SUBLESSEE agrees to make a legitimate effort to alter the antennas, with the SUBLESSOR'S approval, to correct the situation. If no commercially feasible alternative exists, the SUBLESSEE shall have the right to terminate this Agreement by providing the SUBLESSOR with thirty (30) day written notice to the address set forth in this Agreement. Page 6 of 13 Lease No. C-9403 ARTIC1.FJ 16. Maintenance The SUBLESS~ has agreed and shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of the SUBLESSOR, the SUBLESSOR'S Project Manager will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, the SUBLESSOR will cause the same to be cleaned and/or corrected and the SUBLESSOR shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by the SUBLESSEE within ten (10) days of receipt of written notice of costs incurred by the SUBLESSOR. The SUBLESSEE shall repair all damage to the Demised Premises caused by the SUBLESSEE, its employees, agents, independent contractors, guests, invitees, licensees or patrons. No excavation of any of the land around the Demised Premises shall be made. No soil or earth shall be removed from the Demised Premises and no well of any nature shall be dug, constructed or drilled on the Demised Premises without obtaining all necessary permits, approvals and written authority from the SUBLESSOR and the LESSOR. ARTICLE 17. Default by SUBLESSEE Failure of the SUBLESSEE to comply with any provision or covenant of this Agreement shall constitute a default, and except as provided for in Article 4 above, the SUBLESSOR may, at its option, terminate this Agreement after fifteen (15) days written notice to the SUBLESSEE, unless the default is cured within the notice period. However, the occurrence of any of the following events shall constitute a default by the SUBLESSEE, and this Agreement may be immediately terminated by the SUBLESSOR: (a) opermion. Abandonment of Demised Premises or discontinuation of the SUBLESSEE'S (b) Falsification by the SUBLESSEE or any agent of the SUBLESSEE of any report required to be furnished to the SUBLESSOR pursuant to the terms of this Agreement. (c) Filing of insolvency, reorganization, plat of arrangement or bankruptcy petitions. (d) Adjudication as bankrupt. (e) Making a general assignment for the benefit of creditors. (f) If the SUBLESSEE suffers this Agreement to be taken under any writ of execution. Page 7 of 13 Lease No. C-9403 If the nature of the SUBLESSEE'S default is such that more than thirty (30) days are reasonably required for cure thereof, then the SUBLESSEE shall provide written notice to the SUBLESSOR stating the expected time in order to cure the default. The SUBLESSEE shall be required to diligently cure the default within the stated time. Said notice shall be effective upon placement of notice in an official depository of the U.S. Post Office, by registered or certified mail, postage prepaid. In the event of the occurrence of any of the foregoing defaults in this Article, the SUBLESSOR, besides other rights and remedies it may have, shall have the immediate right to cancel this Agreement and re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of the SUBLESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 18. Default by SUBLESSOR The SUBLESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until the SUBLESSOR shall have failed to perform such obligations within sixty (60) days (or such additional time as is reasonably required to correct such default) after notice to the SUBLESSOR by the SUBLESSEE properly specifying wherein the SUBLESSOR has failed to perform any such obligations. ARTICI.E 19. Termination by SUBLESSEE or SUBLESSOR This Agreement shall be subject to termination by the SUBLESSEE or the SUBLESSOR in the event of any one or more of the following events by the parties providing thirty (30) day prior written notice to the other party at the address set forth in this Agreement. Said notice shall be effective upon placement of noticein an official depository of the U.S. Post Office, by registered or certified mail, postage prepaid. (a) The permanent abandonment of the Radio Tower by the SUBLESSOR. (b) The termination of the SUBLESSOR'S Agreement with Collier County as SUBLESSOR. (c) The lawful assumption by the United States Government, the State of Florida or any authorized agency or agencies thereof of the operation, control or use of the Radio Tower in such a manner as to substantially restrict the SUBLESSEE operating therefrom for a period in excess of ninety (90) days. The issuance by any court of competent jurisdiction of any injunction in any way substantially preventing or restraining the use of the Radio Tower, and the remaining in force of such injunction for a period excess of ninety (90) days. Page 8 of 13 Lease No. C-9403 ARTICLE 20. Notices Any notice which the SUBLESSOR or the SUBLESSEE may be reqUired t6 give to the other party shall be in writing and shall be mailed to the other party at the address provided below, or to such other address as either party shall have designated to the other and the time of the rendition of such shall be when same is deposited in an official United States Post Office or postal service depository, postage prepaid. Notwithstanding anything herein to the contrary, all payments of rent, percentage rent maintenance or other sums provided for herein to be paid by the SUBLESSEE shall be paid to the SUBLESSOR at the address below: SUBLESSOR: GTE Wireless of the South Incorporated 600 North Westshore Boulevard Suite 900 Tampa, Florida 33609 cc: Collier County, Real Property Mgt. Dept. SUBLESSEE: South Florida Water Management District 3301 Gun Club Road Building B 1 West Palm Beach, Florida 33416 Attention: Procurement Page 9 of 13 Lease No. C-9403 ARTICLE 21. Surrender of Premises The SUBLESSEE covenants and agrees to deliver up and surrender to2the SUBLESSOR possession of the Demised Premises upon expiration of this Agreement, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Agreement or may have been put by the SUBLESSOR for the SUBLESSEE or by the SUBLESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond the SUBLESSEE'S control expected. ARTIC!.E 22. General Provisions The SUBLESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of the SUBLESSEE and shall involve no cost or expense to the SUBLESSOR. Notwithstanding anything herein contained that may be or appear to be the contrary, it is expressly understood and agreed that the fights granted under this Agreement are non-exclusive, and the SUBLESSOR herein reserves the right to grant similar privileges to another sublessee or other sublessees on other parts of the Demised Premises. Rights not specifically granted the SUBLESSEE by this Agreement are hereby reserved to the SUBLESSOR. The SUBLESSEE shall at no time during the term of this Agreement interfere with any activities conducted by the SUBLESSOR or other tenants at the Demised Premises. ARTICI.E 23. Reimbursement All terms, covenants and conditions herein contained to be performed by the SUBLESSEE shall be performed at its sole expense. ARTICLE 24. Hazardous Materials At all times, the SUBLESSEE shall comply with all federal, state and local laws, statutes, ordinances and regulations of any kind relating to the use, storage, control, transportation and disposal of any and all hazardous materials by obtaining all necessary govemmental approvals and permits with respect to such activities; fully and completely prepare and file all required reports, studies, manifests and environmental impact statements with respect to same; follow all required inspections with respect to the same and supply to the SUBLESSOR evidence of compliance with this Article in form and substance satisfactory to the SUBLESSOR upon the SUBLESSOR'S request therefore; and notify the SUBLESSOR in writing of the handling and storage of hazardous Page 10 of 13 Lease No. C-9403 SEP ! lgg9 materials on the Demised Premises. If the SUBLESSEE shall desire to use or store Hazardous Materials ~0n the Demised Premises at any time: At all times, the SUBLESSEE (i) shall comply with all federal, state, and local laws, statutes, ordinances and regulations of any kind relating to the use, storage, control, transportation and disposal of such Hazard Materials, (ii) shall obtain all necessary governmental approvals and permits with respect to such activities, (iii) shall fully and completely prepare and shall file all required reports, studies, manifests and environmental impact statements with respect to the same and shall follow all required inspections with respect tot he same and (iv) shall supply to the SUBLESSOR evidence of compliance with this section 25 in form and substance satisfactory to the SUBLESSOR upon the SUBLESSOR'S request therefor. The SUBLESSEE shall notify the SUBLESSOR in writing of the handling and storage of hazardous materials on the Demised Premises. As used herein, "Hazardous Materials" shall mean: (1) "Hazardous substances" and "pollutants and contaminants" as defined in CERCLA 42 USC subsection 9601 (14) and (33) and regulations issued pursuant thereto; (2) "Extremely hazardous substances", "hazardous chemicals" and "toxic chemicals" as defined in Emergency Planning and Community Right to Know Act, 42 USC subsection 1102 (a), 1121 (e) and 1122 (c) and regulations issued pursuant thereof. (3) "Hazardous chemicals" within the meaning of OSHA'S Hazard Communication rules, 29 CFR subsection 1910.1200; (4) Any such materials regulated under state or local environmental laws and regulations similar to the foregoing federal authorities listed in (1) - (3) above; and (5) Any materials not covered by, or exempted from, the sources listed in paragraphs (1) - (4) above, that may nevertheless pose a threat to human health or welfare or to the environment including, without limitation, petroleum, including crude oil or any fraction thereof, and radon. ARTICLE 25. Condemnation of Demised Premises Should all or any part of said Demised Premises be taken by any public or quasi-public agency or entity under the power of eminent domain during the term of this Agreement; (a) The LESSOR, SUBLESSOR or SUBLESSEE may terminate this Agreement by giving the other thirty (30) days' written notice of condemnation. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered Page 11 of 13 Lease No. C-9403 SEP tg<J or Certified Mail, Postage Prepaid. (b) Any and all damages and compensation awarded or paid bechuse of the taking shall belong to the LESSOR. ARTICI~E 26. Effective Date This Agreement shall become effective upon execution of same by all parties. ARTICI.E 27. Miscellaneous This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. This Agreement may be amended only with the written approval of the parties hereto. Notwithstanding any provisions of this Agreement to the contrary, the parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. Page 12 of 13 Lease No. C-9403 In testimony whereof, the SUBLESSOR and the SUBLESSEE have caused this Agreement to be signed upon the day and year first written above. SEP ~ 6 AS TO SUBLESSOR: W1TNESS: Silgnj~ture Prin~ name Sig!]a. ture^ . __ Print name GTE WIRE! .ESS OF THE SOUTH INCORPORATED pM~eCshi;~n~t,¢~o~tfi~a::/Gulf Coast Region AS TO SUBLESSEE: DATED: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, WITNESS: Si~'natu~e PrintS-ne Print n~e i,/,~FWLegal Form Approved MD Office of Counsel · D~IGHT E. BROCK, Clerk · : ~ :~ ~. ,a, ~ii}i' .:(~ ./, gf~e~uty Clerk ."~."~~~!.~f6~ and ~~ ''' r ~:."~ (' '~ '. legal ~uffimency: '~ ~ Ici~ F. ~Assistant County Attorney Page 13 of 13 ~ase No. C-9403 BOARD OF COUNTY COMMISSIONERS Exhibit "A" Page 1 of 2 IMMOKALEE TOWER SITE PLAN STOCKADE ROAD T O W E R A C C E S S SHELTERS A 274 FOOT SELF SUPPORTING TOWER c I - 12X20 2 - 12 X I0 3 - 12X20 COLLIER COUNTY 800 MHz LEE COUNTY ELECTRIC CO-OP GTE MOBILNET ANTENNA MOUNTING HEIGHTS - SPECIFIC MOUNTING LOCATION 'TO BE- DETERMINED COLLIER COUNTY: 2 800 MHz ANTENNAS 274 FEET 2 6' 6 GHZ MICROWAVE DISH 185 FEET 2 4' 6 GHZ MICROWAVE DISH 155 FEET GTE MOBIL NET: 360 DEGREE MOUNTING 258 FEET LEE COUNTY CO-OP: I VHF DB 224 I VHF DB224 I UHF DB224 153.425 TRANSMIT 250 FEET 153.485 TRANSMIT 100 FEET 452.050 TRANSMIT 190 FEET Exhibit "A" Pa~e 2 of 2 6S'~ September 14, 1999 Item #16E14 SOLE SOURCE PURCHASING OF 800 MHZ RADIO EQUIPMENT AND SERVICES - FROM COMMUNICATIONS INTERNATIONAL INC. Item #16E15 BUDGET AMENDMENT TO FUND 517, GROUP HEALTH INSURANCE - IN THE AMOUNT OF $500,000.00 Item #16E16 BID #99-2953 FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT - AWARDED TO BENNETT FIRE EQUIPMENT AND TEN-8 FIRE EQUIPMENT Item #16E17 BUDGET AMENDMENTS 99-399 AND 99-413 Item #16E18 MODIFICATION TO WORK ORDER RCA-98-BR-01 WITH BETTER ROADS, INC. FOR THE CONSTRUCTION OF SHADOWLAWN DRIVE AND DAVIS BLVD. INTERSECTION IMPROVEMENTS - IN THE AMOUNT OF $28,145.25 Item #16E19 BUDGET AMENDMENTS 99-395; 99-412; 99-418; AND 99-423 Item #16E20 COUNTY ADMINISTRATOR TO ATTEND MENNINGER LEADERSHIP CONFERENCE Item #16E21 BUDGET AMENDMENT 99-431 Item #16G1 INTERLOCAL AGREEMENT BETWEEN THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT AND COLLIER COUNTY Page 215 S£P 1 1999 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP T/0~IS INTERLOCAL AGREEMENT, made and entered into this ?~ day of q~/~ 1999, by and between the Board of County Commissioners,C~llier County, ~'~or~c~a, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors. WITNESSETH WHEREAS, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and COUNTY will continue to participate in the First Responder Memorandum of Understanding that provides consistent County Emergency Medical Services (EMS) Department medical direction, First Response EMS Paramedic Vehicle protocols, training and quality assurance on a countywide basis; and WHEREAS, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and COUNTY will continue to participate in the Single Vehicle Response partnership that provides the response of an EMS paramedic vehicle staffed by a three member tean~, consisting of' two EMS Paramedics and one NORTH NAPLES FIRE CONTROl_ AND RESCUE DISTRICT Firefighter to most medical emergencies in the North Naples Fire District; and WHEREAS, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT seeks to enhance EMS service further through a partnership with COUNTY; and WHEREAS, the Advanced Life Support (ALS) Engine Program partnership provides for a NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT FirefighterfParamedicto work and train on a COUNTY EMS Paramedic Unit providing advanced life support paramedic duties; and WHEREAS, the ALS Engine partnership provides for a COUNTY Paramedic/Firefighter to respond to 911 emergencies on a fire engine of the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT as a second due response in those cases when the paramedic unit assigned to that area is already committed to a 911 medical emergency to provide Advanced Life Support paramedic duties and fire suppression duties. NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT agree as follows: SECTION I: COUNTY'S RESPONSIBILITY 1.0 1.1 1.2 The following specific services, duties, and responsibilities will be the obligation of the COUNTY, regarding the ALS Engine partnership. The COUNTY EMS Department, as a sole license provider of advanced life support under Chapter 401, Fla. Stat. (1998)and Subtitle 64E, Fla. Admin. Code (1998) will license and equip (1) NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT fire engine as a nontransporting ALS vehicle under the COUNTY EMS license for the purpose of enhancing 911 medical responses. The COUNTY EMS Department will provide one (1) Paramedic/Firefighter to the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT 365 days per year, 24 hours per day to be utilized on a fire suppression vehicle licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E. Fla. Admin. Code (1998) of the Fla. Admin. Code. SECTION II: NORTH NAPLES FIRE DEPARTMENT'S RESPONSIBILITY~ 2.0 2.1 2.2 2.3 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT shall provide and perform the following specific services, duties and responsibilities regarding the ALS Engine Partnership. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will maintain one (1) ALS Engine licensed and equipped by the COUNTY at North Naples Fire Station 40 and will respond to medical 911 emergencies as directed by the COUNTY EMS protocol as a second due emergency medical response vehicle when the paramedic unit assigned to their respected zones are already committed to medical 911 emergencies and first due fire suppression response. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will continue with regular staffing of the three member team Single Vehicle Response program and the medical protocol, training and quality assurance of the Memorandum of Understanding (MOU) program. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will provide one Firefighter/Paramedic to the COUNTY EMS Department 365 days per year, 24 hours per day to be utilized throughout the County in a similar manner as COUNTY 2 SEP 1 zt 1999 EMS Paramedics are currently utilized. SECTION III: MUTUAL COVENANTS 3.0 3.1 3.2 3.3 The COUNTY EMS Department will be responsible for assuring the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedicsmeet all requirements for licensure and recertificationas Florida Certified Paramedics. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will be responsible for assuring that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by Florida Statutes and by the rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training. The COUNTY EMS Department and the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will provide each other's department Paramedic/Firefighter similar training and internship programs as would be provided for a COUNTY or NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT employed Firefighter/Paramedic. The NORTH NAPLES · FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will achieve COUNTY Paramedic certificationwithin two (2) years of continuous duty on an EMS Paramedic unit and successful completion of the Collier County Paramedic Certifications process. Once County certified, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will function within the normal COUNTY EMS Department monthly station rotation systems which will include rotation to ALS engines, as is the practice for other COUNTY EMS Department Paramedic/Firefighters. This will achieve a consistent call volume and exposure to medical calls and incidents in order to maintain expertise. SECTION IV: OPERATING PROCEDURES 4.0 4.1 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedicswill meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements, perform under the same standard operating procedures and chain of command as employees of the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT. 1 999 4.2 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and COUNTY EMS Department will recognize as equivalent the respective ranks of assigned Paramedic/Firefighters. COUNTY Paramedic/Firefighterswill assume command on medical rescue calls. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will assume command on fire suppression calls. Each department will provide the appropriate response of command personnel to incidents as necessary to maintain adequate scene command. SECTION V; RESOLUTION OF CONFLICTS 5.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict regarding emergency medical patient care, these issues will immediately be decided in the following manner: 1. First and foremost by the medical needs of the patient; 2. The COUNTY Paramedic/Firefightersand EMS command structure will have full jurisdiction until the issues involving the medical needs of the patient are resolved. Should issues arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VI: SCHEDULING 6.0 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will be on a regular monthly EMS station rotation. The COUNTY EMS Department Paramedic/Firefighters will be on a regular monthly EMS station rotation that includes a monthly rotation to ALS engines. Once a NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedic is COUNTY certified, as previously referenced in this agreement, their monthly rotation shall also include rotation to an ALS engine. SECTION VII: AGREEMENT TERM 7.0 This Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate upon completion of the services and responsibilities mutually performed by the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and the COUNTY or until written notice of termination of same. 4 7.1 7.2 The COUNTY or the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT may terminate this Interlocal Agreement prior to completion of all terms of said Interlocal Agreement upon thirty (30) days written notice to each other. Upon execution of this Interlocal Agreement, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT agrees not to submit an application for a Certificate of Public Conveyance and Necessity for a period of five (5) years or until this Agreement is terminated, whichever is earlier. SECTION VIII: INSURANCE 8.0 8.1 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and COUNTY shall maintain insurance in the minimum amounts and types as required by Florida State Statutes. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and COUNTY agree that either party may be self-insured on the condition that all self-insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. SECTION IX: MISCELLANEOUS 9.0 9.1 9.2 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. It is understood that this Interlocal Agreement must be executed by both parties prior' to the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and COUNTY commencingwith the work, services, duties and responsibilities described heretofore. Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit.Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. 1999 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ~,~':ATTEST ' ~ .... ,: · ':,;':DWIGHT E:,BROCK, CLERK to'. Ch tn a's Approved as to form and legal Sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By~~/~~q''/// NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT FIRE BOARD By: ~ Approved as to form and legal Jop(n Cardillo] P~tomey for)fl e North Naples Fire Control a~istrict September 14, 1999 Item #16G2 AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE REVIEW AND UPDATE OF HAZARD ANALYSES AT FACILITIES POSSESSING EXTREMELY HAZARDOUS SUBSTANCES AT OR ABOVE THE THRESHOLD PLANNING QUANTITY WITHIN COLLIER COUNTY Page 216 Agreement Number: 00CP-3V-09-21'L22-005 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF coMMUNITY AFFAIRS AND COLLIER COUNTY (NAME OF COUNTY) This Agreement is entered into by and between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department" and Collier County, hereinafter referred to as the "County." WITNESSETH: following facts: This Agreement is entered into based on the WHEREAS, the Department and the County recognize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida; and WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the State of Florida; and WHEREAS, the 1999 Legislature authorized funding to support county hazardous materials emergency planning through the Department. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Department and the County hereby agree as follows: ARTICLE I. SCOPE OF WORK A. The County shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment A. B. The County shall perform and render such work as an independent contractor and not as an agent, representative or employee of the Department. Such work shall be performed in a proper manner, satisfactory to the Department. ARTICLE II. COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. This is a fixed fee Agreement. The County shall be paid for the satisfactory delivery of the tasks set forth in the Scope of Work, Attachment A, which is incorporated herein by reference, in the amount not to exceed ($13,148), subject to any reduction or adjustment imposed on state appropriations pursuant to law. B. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment A, except as provided herein. C. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Department. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment C). The County shall submit an Attachment C, for payment that is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment C, for the twenty-five (25) percent final payment, to the Department with required corrections to the hazards analyses within forty-five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all hazards analyses are complete and acceptable, an approved copy of the hazards analyses has been sent to the applicable Local Emergency Planning Committee (LEPC) and notification has been made to all facilities that the hazards analysis information is available upon request. The county emergency management director, or an official designated in writing by the director, shall sign the Financial Invoice (Attachment C). No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of Article IV. E. In the event that the County submits less than fifty (50) percent of the hazards analyses on June 1, 2000 or on August 1, 2000, then the payment due on each occasion shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. F. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to terminate this Agreement, the Department may, 2 not±ce, w±thhold payment unt±l the County ±s kn complkance w±th and ks perform±rig satksfactorkly under thks Agreement or the applkcable requ±rement of any other grant program acLmknkstered by the Department. The notkce wkll be sent by Cert±fied Mail, wkth return recekpt requested, to the designated contact person. Noncomplkance under thks sect±on kncludes, but ks not l±m±ted to, the County's fa±lure to subm±t t±mely, accurate and complete products requ±red under thks Agreement. G. The Department shall immediately notify the County by Certified Mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly, using the procedures set forth in Article VI below. ARTICLE III. AUDITS AND RECORDS The County agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided under this Agreement. Such books, records and documents shall be subject to inspection, review or audit by State personnel and other personnel duly authorized by the Department at reasonable times upon reasonable notice to the project manager. B. To allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. It is expressly understood that the County's refusal to comply with this provision shall be grounds for unilateral termination of this Agreement by the Department. C. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of three years after the termination date of this Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. ARTICLE IV. REPORTING REQUIREMENTS AND MONITORING A. The Department shall be entitled at all times to be advised verbally or, if requested, in writing, of the status of the work being performed by the County. Upon request, a written status report will be provided within ten (10) days. Either party to the Agreement may request, and be granted upon reasonable notice, a conference for the presentation of reports or the resolution of problems. B. By December 31, 1999, the County shall submit to the Department the County's timeline or work schedule for the completion of the scope of work, along with a designated contact person, address, telephone number and one completed hazards analyses for review. The County shall also indicate the software program that will be used to generate the hazards analyses (i.e. CAMEO for Windows). The Department SEP l Jg9 reserves the right to approve, or disapprove, software to be used to generate hazards analyses. ARTICLE V. TERMS OF AGREEMENT A. This Agreement shall begin on the last date of signing and shall end on September 30, 2000. B. Either party may terminate'this Agreement for cause upon such written notice as is reasonable under the circumstances, or may terminate this Agreement without cause by giving thirty (30) days notice to the other party. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of. delivery. C. The Department may terminate the Agreement due to unavailability of funds with such notice by certified mail, return receipt requested, as is reasonable under the circumstances. D. The sole intent of this Agreement is to provide financial assistance to the counties to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. ARTICLE VI. MODIFICATIONS Either party may request changes to this Agreement, including adjustments in the Scope of Work to be performed and time of performance. Such modifications may be proposed in writing by either party and become effective upon being reduced to writing executed by both parties. All requests for changes to this Agreement shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. ARTICLE VII. SUBCONTRACTS A. If the County subcontracts any of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department, and agrees to provide the subcontractor with a copy of this Agreement and agrees to provide the Department with a copy of the subcontract. Ail subcontracts shall be subject to the approval of the Department B. The County agrees to include, unless prohibited by law, in the subcontract that the subcontractor shall hold the County and the Department harmless against all claims of whatever nature by the subcontractor arising out of the performance of work under the subcontract. ARTICLE VIII. VENDOR PAYMENTS A. Pursuant to Chapter 215.422, Florida Statutes, the Department shall issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at the rate established pursuant to Section 55.03(1), Florida Statutes, on the unpaid balance. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. B. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by calling the State Comptroller's Hotline at 1-800-848-3792. ARTICLE IX. STANDARD CONDITIONS The County agrees to be bound by the Standard Condition§ set forth below: 1. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any reduction of the appropriation in accordance with Chapter 216, Florida Statutes (F.S.). 2. Extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months 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 set forth in the Agreement for completion of the Agreement is due to events beyond the control of the contractor. 3. Ail bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 4. Ail bills for any travel expenses, if authorized by this Agreement, shall be submitted in accordance with Section 112.061, F.S. 5. The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the contractor to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S., and made or received by the contractor in conjunction with the Agreement. 6. The County shall provide the Department with an annual financial audit which meets the requirements of Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of the Auditor General. A copy of the County's annual financial audit should be forwarded to: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard The Sadowski Building 5 Tallahassee, Florida 32399-2100 ~P ! ~ 19.99 7. Pursuant to Section 216.347, F.S., the County agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. 8. 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 ("INA")]. 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. 9. 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. [The remainder of this page has been intentionally left blank.] 6 1999 ARTICLE X. TEKMS AND CONDITIONS This Agreement and its referenced attachments constitute all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below. FOR THE COUNTY: COLLIER COUNTY BY~ p~,Kie, Chair~oma¢ Board of County Commissioners Name/Title FOR THE DEPARTMENT: FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF CO~Y AFFAIRS: A'uth~fi/~/ed Dqfartment OfficeS1 JOSEPIt F'-'"'I~ffERS, I)IREC'II)R I)I¥ISlON OF EI. ffiRGENC¥ HANAGI~'ffiNT Name/Title Date: 59-6000558 Federal Employer ID Number ~..:' i"Attest as to .~na~rlm~ g ~ "signature onJ.$. Approved as to Form and. Legal Sufficiency Thomas C. Palmer Assistant County Attorney ATTACHMENT A SCOPE OF WORK AND SCHEDULE OF PAYMENTS HAZARDOUS MATERIALS SITE-SPECIFIC HAZARDS ANALYSES PURPOSE Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by the Department. I. DESCRIPTION OF WORK TASK 1: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: ao Notification of the County's contact person, address, telephone number and software utilized to the Department by December 31, 1999, as outlined in Article IV. Submission of one completed hazards analysis by December 31, 1999 for review for consistency with the established planning criteria. Co Participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work. The Department reserves the right to waive this requirement. Submit a list of facilities in the County believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection Agency (EPA) in quantities at or above the TPQ, but have not reported to the SERC and are not included on Attachment B. Notify response agencies within the County of the availability of hazards analyses information and make that information available upon request. Fo Notify Section 302 facilities of the availability of hazards analysis information and make that information available upon request. TASK 2: Review and Update of Hazards Analyses Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency 8 SEP lql Response Commission (SERC) that they have present those specific EHSs designated by the EPA in quantities at or above the Threshold Planning Quantity (TPQ). It is required that each Attachment B facility be contacted by written survey, telephone or on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the following items: 1. Facility Information a. Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name and/or address compared to the Attachment B listing. b. Facility Identification SERC Code and geographic coordinates (latitude and longitude). c. Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility coordinator. d. List of EHSs on site Provide by Chemical Abstract Services (CAS) number a list of all EHSs used, produced, or stored at the facility. e. Transportation Routes List the main routes used to transport chemicals to and from the facility. f. Evacuation Routes Based on wind direction, identify the route(s) to exit the Vulnerable Zone (VZ). g. Historical Accident Record Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). 9 2. Hazard Identification a. Chemical identities Provide proper chemical name, CAS number and natural physical state of each EHS according to exhibit C of the Technical Guidance for Hazards Analysis. b. Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility would have on-site at any given time. Amount in largest container or interconnected vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels. d. Type and design of storage container or vessel Indicate the storage method of each EHS, i.e., drum, cylinder, tank, and their respective capacities This includes system types such as manifold versus e. Nature of the hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3. Vulnerability Analysis a. Extent of the Vulnerable Zone Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. Plot that geographical area on a map, indicating the Vulnerable Zone. b. Estimate Facility Population Provide an estimate of the number of employees at the facility. c. Critical Facilities List facilities and their populations within the VZ which are essential to emergency 10 response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. Individual critical facility populations and total populations within VZs shall be provided. d. Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would be affected in a worst case release. 4. Risk Analysis a. Probability of release Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. b. Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur. Severity of consequences of damage to property Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. d. Severity of consequences of environmental exposure Describe the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur. e. Historical Accident Record Identify and list those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. Facility is not physically located in the County (indicate appropriate county location, if known). 11 SEP i lgg9 Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; or bo A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ. TASK 3: On-Site Visits ao Conduct a detailed on-site visit for a minimum of fifty (50) percent of the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 2). Prioritize the facilities to be visited based upon the following criteria: 1. New facilities. 2. Facilities not visited during the previous contract year. Note: It is encouraged that each Attachment B facility receives an on-site visit. This will allow for the achievement of the 100 percent on-site visitation goal desired by the SERC. Submit a site plan map of the location of EHSs at the facility with sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of EHSs 3. Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale Provide a list of the fifty (50) percent of facilities visited and the date of the on-site visit. TASK 4: Final Work Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment B in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. Documentation that all subject facilities have been notified of the availability of the hazards analyses information within the time frames provided in this Agreement. 12 II. SCHEDULE OF PAYMENTS The first payment of twenty (20) percent of the fixed fee amount is payable upon receipt of items listed in Article IV.B. of this Agreement, which are due on or before December 31, 1999. Bo After the initial payment, the payment percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment B submitted and approved as indicated on Attachment C, Financial Invoice. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. Twenty-five (25) percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, a transmittal letter confirming that an approved copy of the hazards analyses has been sent to the LEPC, and documentation that all facilities for which a hazards analysis was conducted have been notified of the availability of the hazards analyses information. This should be completed no later than December 1, 2000. 13 ATTACHMENT B SEP i ~ 1999 COUNTY FACILITY LISTING 14 SEP 1 ~ 199~ IL. -J 0 ~ z ~zo 0 q' -=3 ~ p 0 Z z (h (7. Z ~EP ~ ~ tq,q~ Z b. z r~ .J 0 Z ~ SEP '! ~ ~ uJ z 0 ATTACHMENT C FINANCIAL INVOICE FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE COUNTY/AGENCY AGREEMENT COST CLASSIFICATIONS AMOUNT REQUESTED BY THE COUNTY* Contact and Timeline (20% Max.) $ $ Hazards Analyses (27.5% Max.) (50% completed/submitted) $ $ Hazards Analyses (27.5% Max.) (50% completed/submitted) $ $ AMOUNT APPROVED BY THE DEPARTMENT Final Work Product completed (25% Max) TOTAL AMOUNT $ $ $ $ (To be completed by the Department) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Signature of Authorized Official/Title Date TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ AUTHORIZED BY (To be completed by the Department) *Request amount should reflect current payment only. 15 September 14, 1999 Item #16G3 MODIFICATION #1 TO THE CONTRACTS BETWEEN THE CITIES OF EVERGLADES CITY, MARCO ISLAND AND NAPLES EXTENDING THE PERIOD OF THE CONTRACTS FROM JULY 31, 1999 TO DECEMBER 31, 1999, AND AMEND THE CONTRACT AMOUNT FOR THE CITY OF NAPLES TO $15,000 AS REFLECTED IN THE FUNDING ALLOCATION PROVIDED BY THE DEPARTMENT OF COMMUNITY AFFAIRS Page 217 1999 MODIFICATION #1 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, the City of Everglades City (hereinafter "the contractor") and Collier County (hereinafter "the County") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of a unified Local Mitigation Strategy and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay of the Florida Department of Community Affairs in the provision of"the Arbiter of Storms" (TAOS) computer modeling data to the County, the parties desire to modify said agreement to revise the final deliverable due dates; and NOW THEREFORE, the above referenced agreement is modified as follows: In Paragraph 3 of the agreement, deliverable due dates are hereby amended to reflect that no deliverables shall be accepted after August 31, 1999 and that no request for payment nor invoices shall be accepted after December 31, 1999. All other provisions of this Agreement not inconsistent with this Modification #1 remains in full force and effect. $£P ! ,~ 1999 IN WITNESS WHEREOF, the parties hereto have caused this Modification #l to be executed by their duly authorized officials as of the date below: FOR THE CITY: CITY OF a,mumclpal co~orat~on BY: . Sammy Hamilton, Jr. Mayor Date: ~3&kO~_~r ~.~: Iq qq ATTEST: M~ha Daniels, City Clerk ufficiency y Attorney FOR THE COUNTY: Authorized County Official Pamela S. Mac'kie, Chairwoman Board of County Commissioners Date: Dwight E. Brock, Cl~-~..'~...:" " ~homas C. Palmer ~sistant County Attorney S£P1 1999 MODIFICATION #1 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, the City of Naples (hereinafter "the contractor") and Collier County (hereinafter "the County") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of a unified Local Mitigation Strategy and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay of the Florida Department of Community Affairs in the provision of"the Arbiter of Storms" (TAOS) computer modeling data to the County, the parties desire to modify said agreement to revise the final deliverable due dates; and WHEREAS, the contract amount was erroneously entered as $7,500 instead of $15,000; NOW THEREFORE, the above referenced agreement is modified as follows: In Paragraph 3 of the agreement, deliverable due dates are hereby amended to reflect that no deliverables shall be accepted after August 31, 1999 and that no request for payment nor invoices shall be accepted after December 31, 1999. In Paragraph 15, Funding Consideration, the second sentence of the agreement is amended to read "As consideration for performance of work rendered under this Agreement, the County agrees to pay a fixed fee of $15,000." All other provisions of this Agreement not inconsistent with this Modification #1 remains in full force and effect. SEP 1 ~ ~999 IN WITNESS WHEREOF, the parties hereto have caused this Modification #1 to be executed by their duly authorized officials as of the date below: FOR THE CITY: CITY OF ~/'~//~ l]ill g'a-t~tt, Mayor ATTEST: Tara A. Norma~, City Clerk Approved as to Form and Legal Sufficiency FOR THE COUNTY: COLLIER COUNTY BY: Board of County Commissioners Date:' ~,~m / ~eputy Attest ~s to ~a (~h'.s,' . ' ' signature only., ": '~ ~' omas . C almer Assistant County Attorney $£p 1 1999 MODIFICATION #1 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, the City of Marco Island (hereinafter "the contractor") and Collier County (hereinafter "the County") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of a unified Local Mitigation Strategy and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay of the Florida Department of Community Affairs in the provision of"the Arbiter of Storms" (TAOS) computer modeling data to the County, the parties desire to modi~, said agreement to revise the final deliverable due dates; and NOW THEREFORE, the above referenced agreement is modified as follows: In Paragraph 3 of the agreement, deliverable due dates are hereby amended to reflect that no deliverables shall be accepted after August 31, 1999 and that no request for payment nor invoices shall be accepted after December 31, 1999. All other provisions of this Agreement not inconsistent with this Modification #1 remains in full force and effect. SEP 1 1999 IN WITNESS WHEREOF, the parties hereto have caused this Modification #1 to be executed by their duly authorized officials as of the date below: FOR THE CITY: CITY OF /Y~ o~ rC.~ ~ )q, n. c[ ~unic~al corporation / David E. Brandt, Chairman FOR THE COUNTY: ~~CO R COUNTY Pamela S. Mac'kie, Chairwo~flan Board of County Commissioners Date: ATTEST~.~~~ Dwight E Brock, iZlerk (Deputy ~./i~)~ Attest as to Chattel st~ature onl3. Approved as to Form and Legal Sufficiency City Attorney Thomas C. Palmer Assistant County Attorney September 14, 1999 Item #16G4 WORK ORDER NO. BSW-FT-99-4 FOR BARANY SCHMITT SUMMERS WEAVER AND PARTNERS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF AN EMERGENCY MEDICAL SERVICES AND FUTURE SHERIFFIS SUB- STATION WITHIN GOLDEN GATE ESTATES - IN THE AMOUNT OF $56,950.00 Page 218 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 September 14, 1999 Item #16G5 BUDGET AMENDMENT TO PURCHASE A 1991 S-10 CHEVROLET BLAZER, 1994 FORD BRONCO AND IMPROVEMENTS BY APPROPRIATING FUNDS FROM OCHOPEE FIRE CONTROL DISTRICT'S RESERVE FOR CAPITAL OUTLAY - IN THE AMOUNT OF $17,000.00 Item #16G6 - Deleted Item #16G7 RESOLUTION 99-351, RE COUNTY GRANT APPLICATION AND GRANT DISTRIBUTION FORM FOR EMS MEDICAL EQUIPMENT Page 219 RESOLUTION NO. 99 - 3 5 ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS TRUST FUND MONIES WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND SERVICES AND WILL NOT SUPPLANT ALL LOCATIONS. WIIEREAS, EMS Department Paramedics provide basic and advanced life support care; a unique and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and provision of training classes shall greatly enhance the effectiveness of pre-hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT the $70,120.88 in the EMS Trust Fund will be used to purchase equipment and these monies will not be used to supplant existing EMS Department budget allocations. This Resolution adopted this/~l; day ot~~4.~ , 1999 after motion, second and majority vote favoring same. ~,. ~ · , ~: BOARD OF COUNTY COMMISSIONEr, S/, BY: (jJ P:mela S, l~lac,~e:C;ai~¢an -' State of ~O~A Coun~ of COLLAR I ItE~~III~ THAT this is. tru.~and~.c.o~get;~, l~y~of a document on file i~"B~'~I~'mi~md Records of Colli~r~cou~,~ ~Ti~ESS my hand and °m~lal seai'~his~~ day of . D~ght E},B}~ ~l~yk of CouPs A~rm and legal sufficiency Robert Zachitry Assistant County Attorney Emergency Medical Services (EMS) County Grant Application State of Florida SFP i 4 lggg DepaFtment of Health Bureau of Emergency Medical Services Grant No. C. 1. Board of County Commissioners (grantee) Identification: Name of County: co i i i e r Business Address: Building "H" - 3rd floor - 3301 East Tamiami Tr. Naples, Florida, 34112 Phone#(941 ) 774-8459 SunCom#( ) 2. Certification: 1, the undersigned official of the previously named county, certify that to the best of. my knowledge and belief all information and data contained in this EMS County Award Application and its attachments are true and correct. My signature acknowledges and ensures that l have read, understood, and w~l~ly~i~l~with the Flodda EMS County Grant Manual. Attesf. ms to Chmtman'S DI~.GH~:.:~ ;.,-.BROCK ,.~ PdntedName' Ra..mela S. Hac Kie /,,/',~ Title: Chairwom'a,r~m~ S,gnatur Date S,gned. C/ (Authorized County Off'~al) ~ ~.~t',~,~;~::t~,, -~, "I' r,, ,:z'~" .... ...~, 3. Authorized Contact Person: Person designated authority and department with reports and documentation on all activities, services, and expe nd~~'r~vo'"lv""e"~s grant. Chief Name: Diane B. Flagg Title: Business Address: Collier County EMS, Building "H" - .3rd floor, 3301 East Tamiami Trail, Naples, Florida, 34112 (City) Phone#(941 ). 774-8,459 (State) (Zip) SunCom # ( ). - 4. County's FederaITax Identification Number: VF 59 6000558 DH Form 1684, Jan. 98 5. Resolution: Attach a resolution from the Board of County Commissioners certifying the monies from the EMS County Grant will improve and expand the county's prehospital EMS system and that the grant monies will not be used to supplant existing county EMS budget allocations, SEP f 1999 6. Work Plan: Work A~ivities: ~me Frames: Bid, purchase and distribute equipment Six (6) months after contract begins. Provide specialized medical/rescue educational courses. Six (6) months after contract begins. 2 z 3 SEP 1 4 1999 SEPt ~ !999 APPLICATION (Requires Signature) REQUEST FOR COUNTY GRANT DISTRIBUTION (ADVANCE PAYMENT) EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT PROGRAM In accordance with the provisions of section 401.113(2)(a), F. $., the undersigned hereby requests an EMS county grant dis~bution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: COLLIER COUNTY BOARD OF COMMISSIONERS Name ot t~oarO ot (Jounty (Jommlssloners (~ayee) 3301 East Tamiami Trail Address Naples, ;Florida 343.12 (City) (State) (Z~p) ~ederal Tax ID Number of county: 5 9 6 0 0 0 5 5 8 ,'BROCK, as, ,~~'m~ s Authorizing Official S. Mac'Kie ~tle: Chairwoman AND RETURN WITH YOUR GRANT APPLICATION TO: B D_e_partment of Health ureau °~r~gnuCn[ MGerdainc. al Services~ C y tS 2002D Old St. Augustine Road Tallahassee, FlodcYa 32301-4881 orUse Onl. y by Department of Hea. lth, ureau of Einergency Medical Serwces Grant Number:* Approved By: Date: Signature, State EMS Grant Officer =iscal Year: Amount:$. Drganization Code ~ 4- 2 5-60-00-000 :ederal Tax I.D. V F 9eginning Date: 596 0 0 E.O. 0 5 5 8 Ending Da~: September 14, 1999 Item #16G8 CONTRACTUAL AGREEMENTS WITH THE EAST NAPLES AND GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICTS FOR FIRE AND RESCUE SERVICES WITHIN THE COLLIER COUNTY FIRE CONTROL DISTRICT Page 220 SEP 1999 SERVICE AGREEMENT BETWEEN THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,~,!~S.../SERVICE AGREEMENT {Agreement[ made this, /~ day of , 1999, by and between the BOARD O--~COUNTY ~S OF COLLIER COUNTY, FLORIDA, Ihereinafter referred to as COUNTY), and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. WITNESSETH WHEREAS, pursuant to Collier County Ordinance 84- 84, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Service Taxing Unit, ( hereinafter referred to as the "Collier County Fire Control District ' }; and WHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84 - 84, as amended, includes all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fire control district; and WHEREAS, the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT has the necessary equipment and personnel, as described in/'ire department response procedures Exhibit "A' attached hereto and incorporated herein, to provide /'ire control and fire prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above requires fire and rescue 'protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969 {as amended), being Chapter 163.01, et.seq., for the purpose of most efficiently providing /'ire service and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this agreement; NOW, THEREFORE, in consideration of the premises and covenants set out herein, and other valuable considerations in hand S£P t 1999 received this date, each party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1. The term of this Agreement shall be effective from October 1, 1999 to September 30, 2004. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. 2. The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT agrees to furnish fire protection and rescue services, to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit "A" shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT shall furnish said fire protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County or of other Collier County Fire Control District contract providers. The Fire Chief of the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT shall, in conjunction with the Chief of the County Department of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the County a map, indicating and confirming each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the i~re protection and rescue services furnished within the regular GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, taking into consideration the time, distance and resource limitations of the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. 3. The COUNTY agrees to pay the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during each Fiscal Year of this Agreement. Payment shall be calculated from the latest tax assessment rolls available May 1~ of each year at an assessed rate of 2.0 mills for the duration of this contract. Available tax revenue is the total amount of taxes available for fire and rescue protection services after {999 costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 1; April 1; July 1; and September 1. Revenue and payment will be based on the following formula: Total ad valorem revenue for the Collier County Fire Control District less collection fees and administrative costs. The remaining balance is to then be divided in half, with the first half being split four ways between the East Naples Fire Control and Rescue District, the Ochopee Fire Control District, the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01% to the Isles of Capri Municipal Rescue and Fire Services Taxing District, with the East Naples Fire Control and Rescue District, the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District each receiving 29.33%. Payments to the GOLDEN GATE Fire Control and Rescue District shall be made quarterly by the COUNTY on the following dates; January 1, April 1, July 1, and September 1. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of fire and rescue protection within the County of Collier, and with the Fire Marshall of the State of Florida. 5. At any time during this Allreement, in the event of non- performance of the oblitlations arisinil under this allreement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief administrator of the non-performing party. The party receiving such a notice shall then have ~15~ days in which to respond to and remedy the claimed non-performance. In the event that the non- performance is not remedied within the fifteen {15} day period, the party claiming the non performance shall have the rillht to terminate the agreement. 6. All Service Agreements, and amendments thereto, between the County and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. SEP 1 ~ ~999 In WITNESS WHEREOF, the parties hereto ~do~ereby affix their hands and seals on this ~_~ day of ~ 1999. ATTES~II:~ DWIGHT E. BROCK~ CLERK Gene Smith, 8ecreta~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~ FLORIDA GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT sufficiency: Assistant County Attorney S£P! 999 SERVICE AGREEMENT BETWEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~E AGREEMENT ~Agreement~ made this //f/ day of 1999, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~hereinafter referred to as COUNTY}, and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. WITNESSETH WHEREAS, pursuant to Collier County Ordinance 84 - 84, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Service Taxing Unit, { hereinafter referred to as the" Collier County Fire Control District" }; and WHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84 - 84, as amended, includes all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent Fire control district; and WHEREAS, the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT has the necessary equipment and personnel, as described in fire department response procedures Exhibit "A" attached hereto and incorporated herein, to provide i'ire control and fire prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above requires fire and rescue protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969 {as amended}, being Chapter 163.01, et.seq., for the purpose of most efficiently providing fire service and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this agreement; NOW, THEREFORE, in consideration of the premises and covenants set out herein, and other valuable considerations in hand received this date, each party from the other, acknowledged, the parties hereto agree as follows: which SEP1 zt 1999 is hereby 1. The term of this Agreement shall be effective from October 1, 1999 to September 30, 2004. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. 2. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT agrees to furnish fire protection and rescue services, to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit "A" shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall furnish said fire protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County or of other Collier County Fire Control District contract providers. The Fire Chief of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall, in conjunction with the Chief of the County Department of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the County a map, indicating and confirming each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue' services furnished within the regular EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, taking into consideration the time, distance and resource limitations of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. 3. The COUNTY agrees to pay the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during each Fiscal Year of this Agreement. Payment shall be calculated from the latest tax assessment rolls available May SEP 1 1999 1~ of each year at an assessed rate of 2.0 mills for the duration of this contract. Available tax revenue is the total amount of taxes available for fire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 1; April 1; July 1; and September 1. Revenue and payment will be based on the following formula: Total ad valorem revenue for the Collier County Fire Control District less collection fees and administrative costs. The remaining balance is to then be divided in half, with the first half being split four ways between the East Naples Fire Control and Rescue District, the Ochopee Fire Control District, the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01% to the Isles of Capri Municipal Rescue and Fire Services Taxing District, with the East Naples Fire Control and Rescue District, the Oehopee Fire Control District and the Golden Gate Fire Control and Rescue District each receiving 29.33%. Payments to the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall be made quarterly by the COUNTY on the following dates; January 1, April 1, July 1, and September 1. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of i~re and rescue protection within the County of Collier, and with the Fire Marshall of the State of Florida. 5. At any time during this Agreement, in 'the event of non- performance of the obligations arising under this agreement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief administrator of the non-performing party. The party receiving such a notice shall then have {15~ days in which to respond to and remedy the claimed non-performance. In the event that the non- performance is not remedied within the fifteen {15} day period, the party claiming the non performance shall have the right to terminate the agreement. 6. All Service Agreements, and amendments thereto, between the County and the EAST NAPLES FIRE CONTROL AND SEP ! 1999 RESCUE DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. In WITNESS WHEREOF, t.he p, arties hereto d~o hereby affix their hands and seals on th~s ~_~ day of ~ 1999. ATTEST: DWIGHT.E. BROCK, CLERK stgn~ure on15. Fred Johnson, Secretary BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / EAST NAPLES FIRE CONTROL __.~E DI ~~RICT Tom' Cannon, Chairman Approved as to form and legal sufficiency: Assistant County Attorney September 14, 1999 Item #16H1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CASE NOS. 92-484-CJA AND 82-658-CFA Page 221 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2533069 OR: 2593 PG: 0627 *** RRC0RDgD in 0F[ICIAL RECORDS o[ COLLIRR C0UN?Y, FL 09/17/1~g at Ol:33PM D#IG~? [. BROCK, CLBRK RBC FB! 6,00 Re~n: CASHIBR OEP ! ,q 1999 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: McMonagle, Thomas DOB: 5-15-74 CASE NUMBER: 92-484-CJA For services of the Public Defender, bearing the date of the 29th day of September, 1992 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $50,00 under Final Judgment and Order recorded In Official Record book 1759, page 170~, The Board of County commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancels this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this .,/-z/x day of ~d.~' ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS Approved as to form legal sufficiency Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 September 14, 1999 Item #16H2 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners, has been directed to the various departments as indicated= Page 222 2 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 14, 1999 SEP 1 1999 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 92-484-CJA, 82-658-CFA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. July 19- 23, 1999 B. July 26 - 30, 1999 C. August 2 - 6, 1999 D. August 9 - 13, 1999 E. August 16 - 20, 1999 F. August 23 - 27, 1999 G. August 30 - September 3, 1999 Districts: A. Big Cypress Basin Board of the South Florida Water Management District - Agenda for June 25, 1999 and minutes of May 28, 1999 and June 25, 1999 meetings B. Collier Soil and Water Conservation District - Agend~a for July 7, 1999 and minutes of May 5, 1999 meeting C. Golden Gate Fire Control & Rescue District - Agenda for August 11, 1999 D. Collier Soil and Water Conservation District - Proposed Budget for 1999-2000, District Map, Public Facilities Report, Description of Outstanding Bonds, Letter advising Schedule of Regular Meetings, and copy of Special District Update form E. Port of the Islands Community Improvement District - Minutes of June 17, 1999 meeting AG'E'~D~, No. / SEP 1 1999 Pg...~ Go Ho $£P 1999 Naples Heritage Community Development District - Minutes of June 14, 1999 meeting Fiddler's Creek Community Development District - Minutes of June 23, 1999 meeting Heritage Greens Community Development District - Minutes of May 10, 1999 meeting Minutes: Pelican Bay MSTBU - Agendas for June 17, 1999, July 7, 1999, August 4, 1999, and September 1, 1999 meetings and minutes of June 2, 1999, June 8, 1999, June 17, 1999, July 7, 1999 and August 4, 1999 meetings Collier County Airport Authority - Agendas for June 14, 1999 and August 9, 1999 and minutes of May 10, 1999 and June 14, 1999 meetings C. Library Advisory Board - Minutes of April 28, 1999 meeting D. Golden Gate Estates Land Trust Committee - Minutes of April 26, 1999 meeting Eo Parks and Recreation Advisory Board - Agenda for June 23, 1999 and minutes of May 26, 1999 meeting Fo Collier County Planning Commission - Agendas for June 17, 1999, July 15, 1999 and August 5, 1999 and minutes of May 12, 1999, May 20, 1999, June 3, 1999, June 17, 1999 meetings Go City/County Beach Renourishment Advisory Committee - Agenda for June 10, 1999 and August 5, 1999 and minutes of June 10, 1999 meeting Ho Immokalee Beautification Advisory Committee - Minutes of May 19, 1999 and June 14, 1999 meetings Lely Golf Estates Beautification Advisory Committee - Agendas for July 9, 1999 and August 6, 1999 and minutes of June 4, 1999 and July 9, 1999 meetings J. Utility Authority - Minutes of March 22, 1999 and June 28, 1999 meetings Ko Radio Road Beautification Advisory Committee - Agenda for June 14, 1999 and minutes of May 10, 1999 and June 14, 1999 meetings AGE N,D~A, ]~TEN No. ' ~'/'f SEP l ti 1999 Pg. ~ Mo No O° R° So 16H S£P 1 1999 Collier County Historic/Archaeological Preservation Board - Agendas for June 18, 1999 and July 16, 1999 and minutes of June 1 $, 1999 and July 16, 1999 meetings Environmental Advisory Council - Agenda for August 4, 1999 meeting and minutes of May 5, 1999 meeting Lake Trafford Restoration Task Force Meeting - Agenda for August 6, 1999 and minutes of July 9, 1999 meeting Collier County Public Vehicle Advisory Committee - Agenda for July 27, 1999 Golden Gate Beautification Advisory Committee - Agendas for July 13, 1999 and August 10, 1999 and minutes of June 8, 1999 and July 13, 1999 meetings Emergency Medical Services Advisory Council - Agenda for July 28, 1999 and minutes of May 26, 1999 meeting Collier County Community Health Care Ad Hoc Committee - Notice of first meeting on July 28, 1999 Hispanic Affairs Advisory Board - Minutes of April 22, 1999, May 27, 1999 and June 24, 1999 meetings and minutes of April 29, 1999 of Hispanic Affairs Advisory Board/Black Affairs Advisory Board Special Joint Meeting Bayshore Avalon Beautification Advisory Committee - Agenda for August 11, 1999 and minutes of July 7, 1999 meeting AGEND& ITEM uo. t4 5EP 1 q 1999 pg. ~ September 14, 1999 Item #1611 CONFISCATED TRUST FUNDS TO BE USED TO HELP SUPPORT THE COST OF CRIME PREVENTION MATERIALS Item #1612 ENDORSEMENT OF THE U.S. DEPARTMENT OF JUSTICE COPS MORE ,98 GRANT 28 C.F.R. PART 23 CERTIFICATION FORM Page 223 U.S. Department of Justice SEP I4~ Office of Community Oriented P61icing Services (COPS) ,COPS MORE '98 28 C.F.R. PART 23 CERTIFICATION CERTIFICATION A: 1, Don Hunter, Sheriff [Law Enforcement Executive] and i, Pamela s. Mac' Kie [Government Executive] certify I have read 28 C.F.R. Part 23 and I certify that 28 C.F.R. Part 23 is not applicable to the Collier County Sheriff's Office [Grantee Agency] because it has not used the COPS MORE' 98 grant to operate an interagency, criminal intelligence system. CERTIFICATION B: I. 28 C.F.R. Part 23 and I certify that [Law Enforcement Executive] and [Government Executive] certify I have read [Grantee Agency] is operating a criminal intelligence system in compliance, with 28 C.F.R. Part 23 including the operating principles set forth in 28 C.F.R. Part 23.20 THIS CERTIFICATION FORM MU~ST B,E SIGNED UNDER PENALTY OF PERJTJ'RY: / el r, ~nerlz~ NOTARY SEAL C, Attest Sheriff Don Paperwork Reduction Act Notice.. - - - Respondents are not required Io respond to this collection of in[or·ration unless il displays · currently valid OMB control number. ~1/)~-- ~~~ ~ Ihis col~,ion ofinrorm.fion l~lRtnnt Oa,l.*~ September 14, 1999 Item #16J1 RESOLUTION 99-352, AUTHORIZING THE PROPER OFFICIALS OF THE COUNTY AND STATE TO CANCEL THE TAX LIEN CERTIFICATES HELD BY COLLIER COUNTY ON PROPERTIES OWNED BY THE UNITED STATES GOVERNMENT AND LOCATED WITHIN THE BIG CYPRESS PRESERVE PURSUANT TO SECTION 196.28, FLORIDA STATUTES Page 224 $£p 1 q 1999 RESOLUTION NO. 99- 352 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE COUNTY AND STATE TO CANCEL THE TAX LIEN CERTIFICATES HELD BY COLLIER COUNTY ON PROPERTIES OWNED BY THE UNITED STATES GOVERlqME~ AND LOCATED WITHIN THE BIG CYPRESS PRESERVE PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, authorizes the Board of County Commissioners of each county of the state to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands conveyed to, or acquired by any agency, governmental subdivision or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation or other public use. WHEREAS, the United States of America has acquired certain lands within Collier County for the Big Cypress Preserve; and WHEREAS, Collier County holds tax certificates on certain parcels of land within the Big Cypress Preserve; and WHEREAS, the Board of County Commissioners recognizes that the Tax Certificates held by Collier County on lands owned by the United States of America and located within the Big Cypress Preserve should be canceled. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1) Pursuant to the authority of Section 196.28, Florida Statutes, the Tax Certificates attached hereto and incorporated herein which are held in the name of Collier County as a tax lien on the properties owned by the United States of America and located within the Big Cypress Preserve shall be canceled. 2) Upon receipt of a certified copy of this Resolution with the attached Tax Certificates the County Tax Collector and the State of Florida, Department of Revenue, are hereby authorized, empowered and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, Florida Statutes. PASSED AND DULY ADOPTED this ,,/pt/day and majority vote. · ' '~'" ' ~,"t ATTE~Tc, .- ', .:., ?.: ;. '.~ '?~ .' ,. · ~pprovcd ~ t0. f~m ~d fegfil sufficieh~: ~?C. Weig~l, coUnO~omcy h:/cw/Rcsolutions/1999/canccl ~x ccffificatcs on US pmpcKics in Big C~ss of~~.~, 1999 after motion, second SOARD or ComqrYC0MMISSIONERS / RBCORDBD in OFFICIAL RRCORDS f COLLINR COUNTY, FL 09/20/199S at 07:52AK DtfIGHT B. BROClC, CLBRK iBC FNN 19.50 COFIl8 4.00 Ret:n: CLNRX TO 'FILS BOARD IN?NROFFICB rrH FLOOR ]lit 7240 DR-509 R.07/93 TAX SALE CERTIFICATE NO. 6716 This Certificate will be void seven years from date of issue. $£p 1999 STATE OF FLORIDA OFFICE OF TAX COLLECTOR O GUY L CARLTON , Tax Collector for the County of COLLIER , in the State of Florida, do hereby certify that I did, at public auction, pursuant to notice given by law as required, on this the 29TH day of MAY ,19 97 , issue to COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL 34112 64 a tax sale certificate covering the parcel(s) hereinai%er described for the sum of 43 DOLLARS and 0 5 CENTS, said sum being the amount due for taxes, interest, costs and charges of the described parcel(s) for the year 19 9 6.. , that the above named purchaser of this certificate or assigns will therefore be entitled to apply for a Tax Deed of such parcel(s) in accordance with the law unless the same shall be redeemed within such periods of time as are provided by law, by payment of such amount and interest thereon from the date of this certificate at the rate of eighteen percent per annum, if purchased by the county or eighteen percent per annum (or at such lower rate of interest as may be bid by any purchaser other than the county). Said Parcel(s) are described as follows: EXEMPTION PARCEL NUMBER TYPE 01160280002 VALUE TAXABLE VALUE CODE ACRES 1272 35 2.5 CER 6716 DESCRIPTION: 10 52 32 ~ OF N~ OF NE~ OF SE~ OF N~4 2.5 AC OR 19'53 PG 1660 In the County of COL L I~R , State of Florida. The interest rate bid at the sale pursuant to Chapter 197, Florida Statutes, was 18 percent. WITNESS my hand at NAPLES , Florida, this 29TH day of MAY ,19 97 Signature: , Tax Collector DR-509 R.07/93 TAX SALE CERTIFICATE NO. STATE OF FLORIDA GUY Lo CARLTON COLLIER OFFICE OF TAX COLLECTOR .... E?I 1999 , Tax t~oueccor t0r the County of , in the State of Florida, do hereby certify that I did, at public auction, pursuant to notice given by law as required, on this the 30TH day of NAY ,19 96 , issue to COLLIER COUNTY COURTHOUSE COHPLEX NAPLESt FL 64 a tax sale certificate covering the parcel(s) hereinafter described for the sum of 31 DOLLARS and 89 CENTS, said sum being the amount due for taxes, interest, costs and charges of the describe( parcel(s) for the year 1995 , that the above named purchaser of this certificate or assigns will therefore b~ entitled to apply for a Tax Deed of such parcel(s) in accordance with the law unless the same shall be redeemec within such periods of time as are provided by law, by payment of such amount and interest thereon from the date ol this certificate at the rate of eighteen percent per annum, if purchased by the county or eighteen percent per annum (or at such lower rate of interest as may be bid by any purchaser other than the county). Said parcel(s) are described as follows: EXEMPTION PARCEL NUMBER TYPE VALUE TAXABLE VALUE CODE ACRES 0~222680003 636 35 1o25 CER 1417 28 53 32 N1/2 OF gl/2 1.25 AC OR 617 PG 196 DESCRIPTION: OF N1/Z OF SE1/4,,OF NE1/4 OF NE1/4 In the County of COLL I ER , State of Florida. The interest rate bid at the sale pursuant to Chapter 197, Florida Statutes. was 18.00 percent. WITNESS my hand at NAP L E S , Florida. this 30TH day of HAY ,19 96 . Signature:~~ . Tax Collector R.07/93 STATE OF FLORIDA TAX SALE CERTIFICATE NO. GUY L. CARLTON COLLI ER 1~16 This Certificate will be void seven years from date of issue. /~) "') '-~ ',./'9/. ~..~':)~' OFFICE OF TAX COLLECTOR SEP 1/, , Tax Collector for the County of , in the State of Florida, do hereby certify that I did, at public auction, pursuant to notice given by law as required, on this the MAY ,19 96 , issue to COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL 33962 30TH day of 64 a tax sale certificate covering the parcel(s) hereinafter described for the sum of 4.3 DOLLAR[ and ?7 CENTS, said sum being the amount due for taxes, interest, costs and charges of the describe parcel(s) for the year 199.5 .. , that the above named purchaser of this certificate or assigns will therefore b. entitled to apply for a Tax Deed of such parcel(s) in accordance with the law unless the same shall be redeeme within such periods of time as are provided by law, by payment of such amount and interest thereon from the date c this certificate at the rate of eighteen percent per annum, if purchased by the county or eighteen percent per annum (or at such lower rate of interest as may be bid by any purchaser other than the county}. Said parcel(s} are described as follows: PARCEL NUMBER 01222640001 EXEMF~ON TYPE VALUE TAXABLE VALUE CODE ACRE~ 1272 35 2.50 DESCRIPTION: CER 14.16 28 53 32 S1/2 OF W1/2 OF N1/2 OF $E1/4. OF S1/Z OF EI/Z OF Nl/2 OF SE1/4 OF NE1/4.0F 617 PG 195 NE1/~ OF NE1/4, NE1/4 2.5 AC aR In the County of COLL I ER , State of Florida. The interest rate bid at the sale pursuant to Chapter 197, Florida Statutes. was 18.00 percen~ WITNESS my hand at NAPLES , Florida. this 30TH day MAY 19 q6 Signature: ~,/ · Tax t'oih,ctm' September 14, 1999 Item #16J2 CONTINUING RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF NABORS, GIBLIN & NICKERSON, P.A., TO MEET COUNTY PURCHASING POLICY CONTRAC UPDATE REQUIREMENTS - INVOICES TO BE PAID AT THE PRIOR CONTRACT RATE FOR WORK PERFORMED FROM APRIL 18, 1999 THROUGH THE EFFECTIVE DATE OF THE AGREEMENT Page 225 SEP! 1999 CONTINUING RETENTION AGREEMENT This Continuing Retention Agreement is made between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm ofNabors, Giblin & Nickerson, P.A., of Tampa, Florida ("Nabors, Giblin"). Whereas, Nabors, Giblin has special expertise and resources in a wide range of legal matters, with particular expertise in local government bonds and finance, legislative matters, impact fees and utilities; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise ofNabors, Giblin. Now, Therefore, it is agreed as follows: Nabors, Giblin agrees to render legal services to the County for work which may be assigned to Nabors, Giblin from time to time by and through the County Attorney's Office. For all previously assigned, continuing and subsequently assigned work performed by Nabors, Giblin, the County agrees to pay Nabors, Giblin for services rendered, with fees based on the normal hourly rates Nabors, Giblin customarily charges to its similar clients for similar services. At present, such rates, except for local government bond issues, are as follows for the indicated Nabors, Giblin partners currently providing the principal legal services to the County in certain matters: $175.00 per hour for services provided by principals; $150.00 per hour for services provided by associates; $ 90.00 per hour for services provided by firm financial consultants; $ 50.00 per hour for services provided by law clerks & paralegals. Page 1 of 4 Services for bond counsel shall be at negotiated rates by and with approval of the County Attorney. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. The County agrees to reimburse Nabors, G-iblin for all out-of-pocket expenses/production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable communication costs, identifiable reproductions costs, and special computer expenses not applicable to general overhead. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $ 3.00 Lunch -$6.00 Dinner - $12.00 Nabors, Giblin shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Nabors, Giblin to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall Page 2 of 4 S EP ! 1999 be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. This agreement may be executed in multiple counterparts. In Witness Whereof, the County and Nabors, Giblin have caused this Continuing Retention Agreement to be executed on the date stated below. ATTEST: DWIGHT E. BROCK, CLERK Attest ~s t~/Chairman'$ signature Approved as~O 'form and suffi'c~ency .'legal ':" County Attorney DATE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY--MAN S, GIBLIN, & NICKERSON, P.A. Page 3 of 4 SEP '1 1999 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this .~_ I~day of ~ 1999, by ~_.,--r(~(~ocu '['..~'(~hlO~-"~ as .~{~¢ ce ~-ol- y ofNabors, G-iblin & Nickerson, P.A., a Florida Professional Association, on behalf of the professional association. He/sl~e, is personally known to me or produced as identification. Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: Page 4 of 4 September 14, 1999 Item #16J3 RESOLUTION 99-354, AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT Page 226 S£P 1 1999 RESOLUTION 99- 354 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA STATUTES, AS AMENDED; AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE AUTHORITY TO ENTER INTO A SCHEDULE TO A MASTER FINANCING AGREEMENT AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC., AS LENDER, AND NAPLES COMMUNITY HOSPITAL, INC., AS OBLIGOR; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Collier County Industrial Development Authority (the "Issuer") is a public corporation of the State of Florida, was duly created by Resolution R-79-34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of financing qualifying projects in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Florida Statutes, as amended (the "Act"), to provide for the making of, and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has heretofore executed the Master Financing Agreement, dated as of September 1, 1997 (the "Master Financing Agreement"), by and among the Issuer, G.E. Capital Public Finance, Inc., as Lender, and Naples Community Hospital, Inc. (the "Corporation"), as Obligor, pursuant to which the Issuer will make a Loan (as defined in the Master Financing Agreement) to the Corporation for financing the purchase of certain equipment, and the making of certain renovations for the installation thereof, to be used by the Corporation in its health care operations, and for financing certain expenses in connection with such Loan. C. A public hearing was held by the Issuer on August 31, 1999, which public hearing was duly conducted upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the nature of the financing and to the making of the Loan. No person spoke or wrote in opposition to the financing or the making of the Loan. NYLIB 1/606161/2 SEP 1 1999 D. The Issuer has recommended and requested that the Board of County Commissioners approve the Issuer's making of the Loan so that the interest on the Loan will be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended. A copy of the resolution adopted by the Issuer on August 31, 1999 (the "IDA Resolution") in connection with such Loan is attached hereto as Exhibit B. E. The purposes of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the making of the Loan be approved by the Board of County Commissioners. F. The Loan shall not constitute a debt or a pledge of the faith and credit of the Issuer or the County, or any agency thereof, and neither the Issuer, the County nor any agency thereof shall be liable thereon; nor in any event shall the Loan be payable out of any funds or properties other than as provided in the Master Financing Agreement. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Loan. G. The Board of County Commissioners is the elected legislative body of Collier County, Florida for the purposes of Section 147(0 of the Internal Revenue Code of 1986, as amended. Section 2. Approval of Making the Loan. For the purposes of Section 147(0 of the Internal Revenue Code of 1986, as amended, the making of the Loan as contemplated by the IDA Resolution in an amount not to exceed $15,000,000 is hereby approved; however, this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption. NYLIBI/606161/2 SEP ! ~ ]999 PASSED AND ADOPTED THIS 14th day of September, 1999. (SEAL) ATTEST: Dwight E Brock;, Clerk ~; -i¥ ~'} :DepU~ Clerk' -:[ *~,~, ~,t,, ~., .,- Approved as to fo~ ~d legal su~ciency: COLLIER COUNTY, FLORIDA By: "~ County Commissioners County Attorney NYLIBI/606161/2 NapLes DaiLy NapLes, FL 34102 Affidavit. of PubLtcattofl NapLes DaiLy Ne~ II1- A"- PICKtlORTH, DONALD P.A. 5150 TANZAM! TRL N #602 NAPLES FL 34103 REFERENCE: 01078~ 57918026 'Nottce of Neettng an State of FLorida County of CoLLier Before the undersigned authority, perso.naLLy appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the NapLes DaiLy News, a daily newspaper published atNapLes, in CoLLier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy News 'is a newspaper published at NapLes, in amd CoLLier County/ FLorida, and that the said newspaper has heretofore been continuously pubHshed in said coLLier county, FLorida, 'each day and has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLorida/ for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said new~paper. PUBLISHED ON: 08/12 AD SPACE: 166.000 INCH FILED ON: 08/12/99 Signature of Affiant S~orn to and Subscribed before me thi.l~_~.~day ~. 1~_.~' ~', Chanel A Mca, aid MY COMM~SION ~ CC~0752 ' ' 3une 29, 200~ ed, 20, may serial VE counsel ' , EXHIBIT A TO COUNTY RESOLUTION RESOLUTION7 RESOLUTION AUTHORIZING THE MAKING OF A LOAN TO NAPLES COMMUNITY HOSPITAL, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN EQUIPMENT AND AUTHORIZING THE EXECUTION OF A SCHEDULE TO A MASTER FINANCING AGREEMENT AND RELATED DOCUMENTS S£P! 1999 BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY: Section 1. Findings,. It is hereby found, determined and declared that: (a) The Collier County Industrial Development Authority (the "Issuer") is a public corporation of the State of Florida, was duly created by Resolution R-79-34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purposes of financing qualified projects in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Florida Statutes, as amended (the "Act"), by the issuance and sale of its obligations for lawful purposes under the Act; (b) Naples Community Hospital, Inc. (the "Corporation") is a Florida not-for- profit corporation, which owns and operates hospital and other health-related facilities located in the County; (c) The Corporation desires to finance the cost of acquiring certain capital equipment (the "Equipment"), and making certain renovations for the installation thereof, for use in or in connection with the health care facilities of the Corporation at Naples Community Hospital, which is located at 350 7th Street North, Naples, Florida, and North Collier Hospital, which is located at 11190 Health Park Boulevard, Naples, Florida; (d) The Issuer has received an application of the Corporation pursuant to which the Corporation has requested that the Issuer provide assistance in connection with the financing of the Equipment and the renovations necessary for the installation thereof, including the payment of certain expenses incurred in connection with obtaining such financing, all as more particularly described in and subject to Schedule No. 3 dated as of September 1, 1999 (the "Schedule") to the Master Financing Agreement, dated as of September 1, 1997 (the "Master Financing Agreement"), by and among the Issuer, the Corporation and GE Capital Public Finance Inc. ("GECPF"), pursuant to which GECPF will provide funds to the Issuer to make a loan (the "Loan") to the Corporation for such purposes; (e) In order to satisfy the requirements of Section 147(0 of the Internal Revenue Code of 1986, as amended, the Issuer did on the date hereof hold a public NYLIB 11606170/1 EXHIBIT B TO COUNTY RESOLUTION SEP1 999 hearing, which public hearing was duly conducted upon reasonable public notice and at such public hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the Equipment and the renovations necessary for the installation thereof and to the financing and the making of the Loan; (f) At said hearing, no person spoke or wrote in opposition to the Equipment and the renovations necessary for the installation thereof or the financing and the making of the Loan; (g) Loan; The purposes of the Act will be effectively served by the making of the (h) There has been presented to this meeting an executed counterpart of the Master Financing Agreement and the proposed form of the Schedule; (i) The Equipment and the renovations necessary for the installation thereof constitute a project eligible for financing under the Act; (j) Due to the volatility of the tax-exempt bond market, it is necessary and desirable and in the best interests of the Issuer and the Corporation to enter into a negotiated transaction with GECPF; (k) The Corporation is financially responsible and fully capable of fulfilling its obligations under the Master Financing Agreement and the Schedule and performing such other responsibilities as may be imposed upon it under the Master Financing Agreement and the Schedule; (1) Adequate provision is made in the Master Financing Agreement and the Schedule for the installation, operation, repair and maintenance of the Equipment and the renovations necessary for the installation thereof at the expense of the Corporation and for the payment of principal of and interest on the Loan; and (m) It is now desirable to authorize the making of the Loan and the execution and delivery of certain documents in connection therewith. Section 2. Making of Loan Authorized; Approval of Form and Execution and Delivery_ of the Schedule. The making of the Loan as contemplated by the Master Financing Agreement and the Schedule, in a principal amount not to exceed $15,000,000, at an interest rate not to exceed 9% per annum, is hereby approved. The form of the Schedule as presented to this meeting is hereby approved and the Chairman or the Vice Chairman of the Issuer is authorized to execute and deliver the Schedule in substantially the form thereof presented to this meeting, with such changes, insertions, modifications and deletions as shall be necessary to conform to this Resolution and with such other changes, insertions, modifications and deletions as may be required by Bond Counsel or the General Counsel of the Authority and which shall be approved by the Chairman or Vice Chairman (which approval shall be conclusively presumed from the execution thereof). The Issuer hereby recommends and requests that the Board of County Commissioners of the County approve the making of the Loan. NYLi B 1/606170/I 2 Section 3. Actions of Officers. All actions of officers of the Issuer heretofore taken in conformity with the purposes and intent of this Resolution and in furtherance of the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof are hereby approved and confirmed. The officers, employees and agents of the Issuer are hereby authorized and directed to take such further actions in conformity with the purposes and intent of this Resolution and in furtherance in the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof as may be necessary or desirable. Such officers, employees and agents of the Issuer are hereby authorized and directed to execute such closing certificates and documents relating to the Loan as may be requested by Bond Counsel, including, but not limited to, an Escrow Agreement and a Tax Certificate setting forth the expected use and investment of the proceeds of the Loan in order to show, among other things, that such expected use and investment will not violate the provisions of Section 148 of the Internal Revenue Code of 1986, as amended. Section 4. Effective Date. adoption. This resolution shall take effect immediately upon its ADOPTED the 31 st day of August, 1999. Attest: COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY NYLIBI/606170/1 September 14, 1999 Item #16J4 LEGAL SERVICES AGREEMENT WITH SIEGFRIED, RIVERA, LERNER, DE LA TORRE & SOBEL, P.A. AS LEGAL COUNSEL TO REPRESENT COUNTY RELATING TO COUNTY'S INTEREST IN THE NAPLES BEACH RESTORATION PROJECT Page 227 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT made and entered into this 1999 day of ~ , 1999, by and between the Board of County Commissioners, (hereinafter referred J / to as the "Board" and/or "County"), and the law firm of siegfried, Rivera, Lerner, De La Torte & Sobel, P.A., 201 Alhambra Circle, Suite 1102, Coral Gables, Florida 33134, (hereinafter referred to as "Counsel"). WlTNESSETH: 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 the Naples Beach Restoration Project. 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 proceeding relating to the Naples Beach Restoration Project. 3. The Board, through its Public Works Division, hereby agrees to pay Counsel's attorneys as compensation for legal services at Counsel's rate of.' Steven M. Siegfried Daniel Davis $220.00 per hou/' $180.00 per hour Rates charged by other attorneys in the firm are not to exceed $180.00 per hour. Lesser hourly rates are applicable for legal services to the County rendered by Counsel's law clerks and legal assistants. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. Page I of 5 SEP I 1999 4. The County agrees to reimburse Counsel for all out-of-pocket expenses/production costs dir~tly related to assigned work, including the retention and utilization of sub-consultants. The use ora multiplier for these e×pense~/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable documented communication costs, identifiable documented reproductions costs, and special computer expenses not applicable to general overhead. All requests for reimburseable expenses should be supported by appropriate documentation. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $ 3.00 Lunch -$6.00 Dinner - $12.00 Counsel shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Counsel to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. Page 2 of 5 SEP ! l gg 5. 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 Counsel'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. 6. 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. 7. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. 8. 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 aRer any notice of intent to terminate for convenience has been given. The Page 3 of 5 County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 9. 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: (Printed wit~ (Printed witness signature) SIEGFRIED, RIVERA, LERNER, DE LA TORRE & SOBEL, P.A. ATTEST: ~ tmam m(0ClC, (~, ~tt¢~l~'~5 to "".~ture onl$. Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Page 4 of 5 $£p1 ~. 1999 STATE OF FLORIDA COUNTY OF ~ ~ C~ W~,-~,o~e The foregoing instrument was acknowledged before me this'~ day of~Xc~ ~ 1999, by ~, ~ ~ ~ _~, e ~ ~ c,~as ~ ~-, ~) ~V'~ ~ of Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A., on behalf of the professional association. He/sh~ to me or produced ~ \ ~ as identification. Signature of N~ Public F' OFFICIAL NOTARYSEAL ' MARYLOU MCKOY NOTARY PUBI ~lr` STATE OF FLOR/DA COMMISSION NO. CC712517 ! MX COMMISSION EXP. FEB. 25,2002 Page 5 of 5 September 14, 1999 Item #16K1 DEED OF CONSERVATION EASEMENT FOR THE IHMOKALEE REGIONAL AIRPORT FOR THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Page 228 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is hereby granted by the Collier County Airport Authority and thc County of Collier, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail, Administration Building, Naples, Florida, 34112, ("Grantor") to thc Fish and Wildlife Conservation Commission, an Agency of the State of Florida, whose address is 620 South Meridian Street, Tallahassee, Florida, 32399-1600, ("Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, hereinafter referred to as the "Property," more specifically described in Exhibit "A" attached hereto and made a pan hereof; and WHEREAS, Grantor desires to protect and conserve certain uplands preserve areas; and WHEREAS, Grantor in consideration of the consents of the Grantee to that certain Gopher Tortoise Incidental Take Permit issued to Grantor on the day of , 1999, by Grantee, hereinafter referred to as the "Permit," whereby Grantor is required to grant and secure the enforcement of a perpetual conservation easement as defined in Section 704.06. Florida Statutes (1991), over the Easement Area. NOW THEREFORE, consistent with the issuance of the Permit, Grantor hereby grants, creates, and establishes a perpetual conservation easement upon the Easement Area, which is depicted by the "cross-hatched" areas (generally west of runway 18-36 ) as shown on Exhibit "B." The Easement Area does not include 50 ft. wide existing roads and their associated rights-of-way and that proposed road to the hangar located within the Easement Area all identified on Exhibit "B". Thc casement shall mn with thc land within the Easement Area and shall be binding upon Grantor, its heirs, successors and assigns, and shall remain in full force and effect forever unless released by Grantee, its successors or assigns, as the case may then be. 1. The scope, nature, and character of this easement is to ensure, to the greatest extent now and/or hereafter allowed by law, that uplands preserve areas, including buffer zones, (Easement Area) shall be used only as conservation areas pursuant to Section 704.06, Florida Statutes, consistent with the Permit and the Management Plan. To carry out these purposes, the following rights are conveyed to Grantee by this easement: (a) Authorized representatives of Grantee may enter upon the Property at reasonable times to enforce any and all rights herein granted upon prior notice to Grantor (or Grantor's successors or assigns as the case may then be) in a manner that will Deed of Conservation Easement Page 2 SEP 1 1999 not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor (its successors or assigns as the case may be) at the time of each such entry; and, (b) Authorized representatives of (1) Grantee and/or (2) any other then authorized government entity may enjoin any activity on, or use of, the Property that is inconsistent with the purpose of this easement, and may enforce restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Collier County reserves to itself, its successors and/or assigns all rights as a non-charter County and as owner of the Airport, including rights to engage in all uses of the Airport that are not expressly prohibited herein and which are not inconsistent with the purposes of this easement as set forth in Section 704.06, Florida Statutes, as now exists or may hereafter be amended. Within the Easement Area, the following are prohibited uses/activities except as otherwise authorized elsewhere in this document, or as then required by applicable law(s), including Chapter 333, Florida Statutes, or the then current FAA FAR Part 77 Standards (or successor) in function of any of same: (a) Construction or placing of buildings, roads, signs, billboards and other advertising, utilities, and/or other structures on or above the ground. (b) Dumping or otherwise placing of trash, waste, or unsightly or offensive materials. (c) Removal or alteration of trees, shrubs, or other vegetation unless allowed or mandated by the then current Management Plan and/or officials of Grantee. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface except as necessary for maintenance of drainage ditches. (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. conservation, preservation. (f) Activities detrimental to drainage, flood control, water erosion control, soil conservation, and/or fish and/or wildlife habitat (g) Acts and/or uses that are detrimental to such retention of land. (h) Alteration of the Easement Area except to the extent authorized by the Permit, by then applicable law(s) and/or the then current Management Plan. Deed of Conservation Easement Page 3 $£P ! 1999 (i) Use of any pesticides within the Property without the prior written consent of the Grantee, which consent(s) will not be unreasonably withheld. 3. No right of access by any members of the general public to any portion of the Easement Area is conveyed by this easement. 4. Grantor agrees to bear all reasonable costs related to the normal operation, upkeep and maintenance of the Easement Area. 5. Grantor agrees that taxes and/or assessments levied on the Airport by competent authority will be paid. 6. Enforcement of this easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee to exercise any of its rights hereunder in the event of any breach hereof by Grantor (or its successors, personal representatives or assigns, as the case may be) shall not be deemed or construed to be any waiver of Grantee's rights hereunder in the event of any subsequent breach hereof. 7. Grantee will hold this easement exclusively for conservation purposes and will not assign this easement or any of its rights and/or obligations hereunder except to another organization then (a) qualified by law to hold such interests and/or perform those obligations under any then applicable law(s), and (b) then and thereafter committed to holding this easement exclusively for conservation purposes. If Grantor sells or otherwise conveys title to any part of the Airport or Easement Area to any person or entity, Grantor shall deliver written notice of such transfer to Grantee not later than thirty (30) days after recordation of the respective transfer in the public records of Collier County. 8. If any provision of this easement, or the application thereof to any person or circumstance, is found to be invalid, all other provisions of this easement, and the applications of any such provision(s) to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby to the greatest extent then allowed by law. 9. All notices, consents, approvals or other communications pursuant hereto shall be in writing and shall be deemed properly received by the recipient if actually received via United States mail, certified, return receipt requested, addressed to the appropriate party (or successor-in-interest), at the addresses above set forth or such new address as either party may in writing deliver to the other party. 10. This easement may be amended, altered, released or revoked only by written agreement between the parties hereto, or their successors or assigns. Deed of Conservation Easement Page 4 1999 11. Grantor certifies to Grantee that the Airport is not subject to any mortgage or any other form of security that is superior to this easement or which needs to be subordinated. 12. This easement shall be recorded by Grantor in the public records of Collier County after receipt of acknowledgment of acceptance hereof by the Grantee. 13. Grantor agrees that if the property is subject to a mortgage or any form of security interest, Grantor shall provide documentation to verify that mortgage or security interest is subordinate to this Conservation Easement and such verification shall be provided and recorded either before or concurrent with execution of this Easement. TO HAVE AND TO HOLD unto Grantees, their respective successors and assigns forever. The covenants, terms, conditions, restrictions and purposes imposed with this easement shall not only be binding upon Grantor but also upon its agents, authorized representatives, assigns, and all other successors in interest to it, and shall continue as a servitude running in perpetuity with the Airport unless and until released by Grantee or its successor or assigns, and then only to the extent of any such release(s). IN WITNESS WHEREOF, Grantor has executed this easement on the ,/.~' day of ~ ,1999. ATTEST: ~" E. Br6Ck, Clerk Dwight {' Deput~iClerk · ~AtteSt ~': to Chairman ,.,;, ~ slgnatU?e only. Approyea as to ~orm and legal sufficiency: ~ By Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMlVIJS. SION BYU (amila ~ Mac'Kie, C~rw~o~an THORITY Michael Williams, Chairman Deed of Conservation Easement Page 5 1999 GRANTEE'S ACCEPTANCE The Fish and Wildlife Conservation Commission hereby approves and accepts the foregoing Conservation Easement and agrees to all of its terms and provisions this ~ Day of ,1999. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION WITNESSES: By: Name Title: H:8.30.99Decd of Conservation EascmentDruryFinaIReview $£P! ~ 1999 N 4111--, 11 211 811 &ill 611 ~431 811 - &.II,PORT ACCESS RO&D~ NOT INCLUDI~ IN TH~ FWCC CONSEHVATION ~ LEGEND l,to - COKM~K:IIL (fkSg ,i~) e4t - tom - Pi.qX (2.00 ACRES) 6411 - ~81 - F~ F~ ~fl (~SZ i~) ~ - ~1 - Pa~O ~ 6~1 - · 11 - P~ ~ 4111 - ~ ~, ~ 8~ - 418 - ~ ~ (~.m i~) ~ - 41~1 - ~u~g ~, D~ ~ (8oa~ ~) (~0 ~) DATE: 7/12/99 SCALE: 1" = 1400' PROJECT NO: 94067.10 IMMOKALEE REGIONAL AIRPORT UPLAND MANAGEMENT AREA EXHIBIT B FLORIDA ~ ENVIRONMENTAL'" INCORPORATED 18505 Paulson Drive, Bldg. Port Charlotte, FL 33954 To, (..,) B~:~li Fox (941) 629-7210 September 14, 1999 Item #17A RESOLUTION 99-353, APPROVING THE PRELIMINARY ASSESMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECITON FOR SOLID WASTE DISTRICT NO. i MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT Page 229 Retn: CLBR[ TO THB BOARD ZR?BROFFICB 4TH FLOOR sxT 7240 RUCORDBD in the OFFICIAL RUCORDS of COLLIBR COUNTY, FL 09/17/1990 at: 08:50A1( DIIGHT B. BROC[, CLNRi RESOLUTION NO. 99-353 l~C FUN 10.50 COPINS 1999 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN R ES I D E NTIAL PRO P E RTl ES WI TH I N TH E UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 14, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 S£P 1 1999 SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 19gg/00 is $10~}.70 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties am described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1st Of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 1 Municipal Service Benefit Unit which is more particularly described as follows: 2 OR: 2592 PG: 3074 $£p 1 1999 LEGAL FOR DISTRICT ONE. Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico; thence East along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South, Range 26 East; thence South along the easterly line of Range 26 East, Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south line of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east line of Sections 20, 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27 East; thence easterly along the south line of Sections 4, 3, 2 and 1 of Township 48 South, Range 27 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence north along the east line of Section 1, Township 48 South, Range 27 East; thence north along the east line of Sections 36 and 25, Township 47 South, Range 27 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence easterly along the south line of Sections 19, 20 and 21, Township 47 South, Range 28 East to the southeast corner of Section 21, Township 47 South, Range 28 East; thence southerly along the west line of Sections 27 and 34, Township 47 South, Range 28 East and continuing southerly along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East; thence south along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 49 South, Range 28 East to the southeast corner of Section 34; thence easterly along the south line of Sections 34, 35 and 36, Township 49 South, Range 28 East; thence east along the south line of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alligator Alley (I-75); thence continuing easterly along the centerline of Alligator Alley (I-75) to the northeast corner of Section 4, Township 50 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East; thence southerly along the East section line of Sections 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range 31 East to the Collier-Monroe county line; thence westerly along the said county line to the easterly shoreline of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all sPecial assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. I Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. OR: 2592 PG: 3075 SECTION FOUR. each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. upon its passage. This Resolution adopted this ~day second ~and majority vote. · .,DWIGHT E.. BR~CK, CLERK and legal su~ciency: County Attorney The assessments shall be final and conclusive as ~P 1 It 1999 This Resolution shall become effective immediately 1999, after motion, BOARD Of COUNTY COMMISSIONE/RS CO LL~R/~~~/. 4 September 14, 1999 Item #17B RESOLUTION 99-355, APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT Page 230 Retn: CLBRI TO ?Hi BOARD I#?BROFFICB 4TH FLOOR 7240 /.~,~/-IUI UF.; /-;)://- .I"LT; OUOO RBCORDBD :L~ the OUZCZAL RBCORD~ oE COLU~BR COgR?T, FL Og/~7//,ggg at. 0g:01AN DVZGB'r B. BRQC[, CLIR[ RESOLUTION NO. 99- :355 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED RRC FIB 19.50 COPIRB 4.00 SEP 1 1999 WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing, was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 14, 1999. OR: 2592 PG: 3089 $£p I 1999 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY 1999/00 is $112.26 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit "A". The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1'~ of each subsequent year. SECTION TVVO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem OR: 2592 I G: 3090 S£P 999 assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 2 Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT TWO Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier- Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier- Lee county line also the range line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier- Hendry county line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 49 South, Range 30 East; thence west along the township line for Townships 49 and 50 South to the southwest corner to Section 34, Township 49 South, Range 28 East; thence north along the section lines to the northwest corner of Section 27, Township 47 South, Range 28 East; thence west along the section lines to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence west along the sections lines to the southeast corner of Section 5, Township 48 South, Range 27 East; thence south along the section lines to the southeast corner of Section 20, Township 48 South, Range 27 East; thence west along the section lines to the southwest corner of Section 19, Township 48 South, Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOU.P,. The assessments shall be final, and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of *** OR: 2592 PG: 3091 SEP ! competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this/~ay of(~i~,~.~-, 1999, after motion, second and majority vote. · ' ,.v.~Q~t~,~/ ~2.., :" DWlG~T:~?BRbCK, CLERK Appr~as zo m~ ano legal su~ciency: County Attorney BOARD OF COUNTY COMMISSIONERS PAMELA S. M~C'~IE; CHAII~WOMAN / September 14, 1999 Item #17C ORDINANCE 99-59, RE PETITION PUD-96-10(2), WILLIAM L. HOOVER, AICP, REPRESENTING THE REVEREND DAVID MALLORY, REQUESTING AN AMENDMENT FROM "A" RURAL AGRICULTURE AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" BY INCREASING THE ACREAGE BY 10.3 ACRES FROM 68.8 ACRES TO 79.1 ACRES FOR A MIXED-USE RESIDENTIAL AND RELIGIOUS DEVELOPMENT TO BE KNOWN AS THE FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS PUD, ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF CR-951 AND THE LORD'S WAY, CONSISTING OF 79.1+ ACRES Item #17D Continued to September 28, 1999 Item #17E - Continued to October 12, 1999 Item #17F ORDINANCE 99-60, RE PETITION R-99-5, THAD KIRKPATRICK OF CUMMINGS & LOCKWOOD, REPRESENTING QUAIL CREEK COUNTRY CLUB, INC., REQUESTING A REZONE FROM "RSF-2" TO "GC" GOLF COURSE FOR A GOLF COURSE MAINTENANCE FACILITY FOR PROPERTY LOCATED AT 4400 POND APPLE DRIVE, CONSISTING OF 3.179 +/- ACRES Item #17G RESOLUTION 99-356, RE PETITION CU-99-13, TERRANCE L. KEPPLE OF KEPPLE ENGINEERING, INC., REPRESENTING EDWARD REDDISH REQUESTING CONDITIONAL USE "14" OF THE INDUSTRIAL ZONING DISTRICT TO ALLOW FOR A REFUSE AND RECYCLING FACILITY FOR PROPERTY LOCATED ON THE NORTH SIDE OF PROGRESS AVENUE AND APPROXIMATELY 1,000 FEET WEST OF INDUSTRIAL BOULEVARD WITHIN THE NAPLES PRODUCTION PARK Page 231 RESOLUTION 99- 356 SEP ! 199 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A REFUSE AND RECYCLING CONDITIONAL USE "14" IN THE 'T' INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION 2.2.16.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49 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 eonfen'ed 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 "14" of Section 2.2.16.3 in an 'T' Industrial Zone for Refuse and Recyling 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: The petition filed by Terrance Kepple, P.E. of Kepple Engineering, Inc. representing Elsa and Edward Reddish 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 "14" of Section 2.2.16.3 of the 'T' Industrial Zoning District for Refuse and Recycling 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 BY ~: ATTEST:.ii (, i'l L~ : D~O~ E. BROCK, Clerk Legal. ~pffic!, ~Y-" ' M~e M. Smdem Assistmt Co~ty Aaomey -9.- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR S£P 999 CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management Plan: ~ Yes No Be Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v No Affects neighboring properties in relation to noise, .are, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the distr%~: Compatible use wi~n district Yes No stipulations. (copl{ attached) approval ~~~ . Based on the above findings, this conditional use should, with (should not) be recommended for EXHIBIT "A" f/FINDING OF FACT CHAIRMAN/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR S£P 1 1999 CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: ao Consistency with the-Land Development Code and Growth Management ~.~n: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes v~ No Affects neighboring properties in relation to noise, glare/economic or odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes v/ No Based on the above findings, this conditional use should, with stipulations, (~OPY attached) ~hcu!d ~ nv~, be recommended for approval ~p~6~9 f/FINDING OF FACT MEMBER/ SEP ! 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Consistency with the-Land Development Code and Growth Management Pi~: Yes t/ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Affects neighboring properties in relation to noise, glare~., economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w/ithin district Yes c/ No Based on the above findings, stipulations, (copy attached) approval f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR S£P 1 4 1999 CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management ~n: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes i/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible u~-'ithin district Yes . No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval / ../ / / ~ ¢-, q-q 9 f/FINDING OF FACT MEMBER/ S£P I 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: ao Consistency with the-Land Development Code and Growth Management Plan: Yes Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egre~e_ss Yes ~-~ No Co Affects neighboring properties in relation to noise, glare,~economic or odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~--~I~6 Based on the above findings, ~hi_~~ditional use should, with stipulations, (copy attached< (~r~ot~-be recommended for approval f/FINDING OF FACT MEMBER/ SEP 1 zt 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. o 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: Consistency with the-Land Development Code and Growth Management ~.~n: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~' No Affects neighboring properties in relation to noise, glarg, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes ~/ No stipulations, (copy attached) approval Based on the above findings, this conditional use should, with for f/FINDI~ OF FACT SEP 1 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. o 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: ae Consistency with the-~and Development Code and Growth Management ~n: Yes V No 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: ~ress Adequate ingress Yes ~/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible us~/~ithin district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval / (~e reco~~d)or f/FINDING OF FACT M~MBER/ S£P 1 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Consistency with the-L,~nd Development Code and Growth Management ~1~: Yes ~/ No 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: e~~ess Adequate ingress & Yes ~ No Affects_,~ighboring properties in relation to noise, glar~, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated property in the district: Compatible use w~district Yes L/' No Based on the above findings, this conditional use/~d, stipulations,A(cop~ att~ached) l~~l--h~ recommended approval ~t~.~~ . .~/~~ DATE: MEMBE Compatibility with adjacent properties and other with for f/FINDING OF FACT MEMBER/ 1999 LEGAL DESCRIPTION (As Furnished) The West % of the South % of the North 658,60 feet of the South 2005.80 feet of the West % of the West ~ of the East % of the Northwest % of Section 36, Township 49 South, Range 25 East, Collie~ County, Florida; less the South 30 feet thereof which was previously conveyed by grantor to Collier County by warranty deed recorded at O.R. Book 1592, Page 1755, Public Records of'Collier County, Florida. 1999 N ce* ~1' 02' [ Retention Area Interior Landscaping (2,500 sf) 1:24,, 74 109.40 ,0 $ 11.5.00 0 i Proposed o.o~~ Covered Sorting Areo . loo.oo -- 24.00- $ Oe' ~I' QE' W I~ E.YHIB IT "C" :3elO6 Ezohmnfe ].~ite _ . Plan I Paul Reddish [Progress Ave. i i i r':= I-,=--I=,.J S£P 1 1999 CONDITIONS OF APPROVAL (CU-99-13) b) c) The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review of the Collier County Land Development Code. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. At the time of Site Development Plan submittal, a copy of the SFWMD permit modification shall be submitted. d) e) g) At the time of Site Development Plan submittal, partial walls shall be integrated with the roofed structure to screen the sorting activities from the street and adjacent properties. Household and horticultural waste are prohibited while all storage bins shall be covered to prevent rain leakage and runoff. There shall be no incineration or other disposal of material on site. No outside storage allowed other than the designated storage bins. These bins shall not exceed a storage height of 10 feet. EXHIBIT "D" September 14, 1999 Item #17H - Deleted Item #17I RESOLUTION 99-357, RE PETITION SNR-99-01, STEPHANIE YONGE, REQUESTING A STREET NAME CHANGE FROM WATERLOO ROAD TO WATERLOO COURT, LOCATED IN WATERWAYS OF NAPLES UNIT 2 Page 232 RESOLUTION NO. 99- 357 SEP 1 a 1999 RESOLUTION RENAMING WATERLOO ROAD TO WATERLOO COURT, WHICH STREET IS LOCATED IN WATERWAYS OF NAPLES UNIT 2, IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Waterloo Road to Waterloo Court. This street is located in Section 14, Township 48 South, Range 27 East, Collier County, Florida, Waterways of Naples Unit 2, according to the plat thereof, recorded in Plat Book 29, Pages 71 through 74, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Waterloo Road to Waterloo Court and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. ,~ day of _~ ,1999. Done this ATTEST: ArtieSt.' as Sufficiency: BOARD OF COUNTY COMMISSIONERS COLL~ t/ , '" '/. '; PAMELA S. MAC'KIE, C~tairwoman M~jdl~ie M. Stu-d~n{- - - Assistant County Attorney g/admin/sue SNR-99-01/Resolution 25330?4 OR: 2593 PG: 0633 ,w, RECORDED iD OFFICIAL RECORDS Of COLLIIR COUll?T, FL OS/I?/ISSS at Ol:36PN DNIGH? I. BROCK, CLERK iBC FEB 6.00 COPIES l ,GO letn: CLBRI TO THI BOAID IHTJROFFIC! I?H FLOOR ?240 September 14, 1999 Item #17J - Moved to Item #12C4 Item #17K RESOLUTION 99-358, RE PETITION SNR-99-03, TOM MASTERS, REPRESENTING VINEYARDS DEVELOPMENT CORPORATION, REQUESTING A STREET NAME CHANGE FROM TERRA VIA COURT TO TERRACINA COURT, LOCATED IN TERRACINA IN THE VINEYARDS PUD Page 233 RESOLUTION NO. 99- 358 SEP ! 1999 RESOLUTION RENAMING TERRA VIA COURT TO TERRACINA COURT, WHICH STREET IS LOCATED IN THE VINEYARDS SUBDIVISION, LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Terra Via Court to Terracina Court. This street is located in Section 5, Township 49 South, Range 26 East, Collier County, Florida, in the Vineyards, according to the plat thereof, recorded in Plat Book 29, Pages 88 through 93, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Terra Via Court to Terracina Court and is confirmed assuch. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. ,Don'e this 'i ATTEST: . ~ Approv~ ~ to Fo~ ~d Legal Sufficiency: day of ~ ,1999. MafioSi6 M. Student' Assistant County Attorney g/admin/su¢ SNR-99-03/Rcsolution BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2533075 OR: 2593 PG: 0634 IICORDID in OFFICIAL RJCORD$ of COLLIBI 09/17/1999 at OI:ISPH DWIGHT L BROCK, Rig FIB 6.00 COPIS$ 1.00 CLBRK TO TH! BOAil) IN?BROFFIC! ITH FLOOR September 14, 1999 Item #17L RESOLUTION 99-359, RE PETITION SNR-99-04, MICHAEL J. LANDY, REPRESENTING BUTLER ENGINEERING, REQUESTING A STREET NAME CHANGE FROM WATERWAYS BOULEVARD TO GRAND RAPIDS BOULEVARD, LOCATED IN WATERWAYS OF NAPLES SUBDIVISION Page 234 RESOLUTION NO. 99- 359 RESOLUTION RENAMING WATERWAYS BOULEVARD TO GRAND RAPIDS BOULEVARD, WHICH STREET IS LOCATED IN THE WATERWAYS OF NAPLES SUBDIVISION, LOCATED IN UNITS 3 AND 4, SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Waterways Boulevard to Grand Rapids Boulevard. This street is located in Section 14, Township 48 South, Range 27 East, Collier County, Florida, Waterways of Naples Subdivision, according to the plat thereof, recorded in Plat Book 31, Pages 35 through 42, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed fi.om Waterways Boulevard to Grand Rapids Boulevard and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this /~W' day of _~ ,1999. -ATTEST: · signature onl$. APproved as to Form and Legal Sufficiency: Marjor~ M. Student Assistant County Attorney g/admin/sue SNR-99-04/Resolution BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA °PAMELA S. MAC'KI~, ChairWoman *** 2533076 OR', 2593 PG: 0635 *** RBCORDBD In OFFICIAL RBCORD8 of COLLIKR COUNTY, FL 09/I?/IS99 at 01:19~1( D#IGHf I. BROCK, RBC fib 1,00 lie tll: CLBRK TO THI BOARD ii? 7240 September 14, 1999 Item #lTM RESOLUTION 99-360, RE PETITION VAC-99-008 TO VACATE THE 20' WIDE LAKE MAINTENANCE EASEMENT ON LOTS 106, 130, 131, 133, 134, AND 135 AND TO ACCEPT A 20, WIDE LAKE MAINTENANCE EASEMENT AS A REPLACEMENT EASEMENT AND TO VACATE THE 15. WIDE DRAINAGE EASEMENT ON LOTS 124, 125, 141, AND 142 AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT, ALL ACCORDING TO THE PLAT OF ..GLEN EDGEN, PHASE ONE. Page 235 $£p 1 q 1999 RESOLUTION NO. 99- 360 RESOLUTION FOR PETITION VAC 99-008 TO VACATE THE 20' WIDE LAKE MAINTENANCE EASEMENT ON LOTS 106, 130, 131, 133, 134 AND 135 AND TO ACCEPT A 20' WIDE LAKE MAINTENANCE EASEMENT AS A REPLACEMENT EASEMENT AND TO VACATE THE 15' WIDE DRAINAGE EASEMENT ON LOTS 124, 125, 141 AND 142 AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT, ALL ACCORDING TO THE PLAT OF "GLEN EDEN, PHASE ONE", AS RECORDED IN PLAT BOOK 29, PAGES 86 AND 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Mark W. Minor, P.E., of Q. Grady Minor & Associates, P.A., as agent for the petitioner, Revco/GE Joint Venture, does hereby request the vacation of the 20' wide Lake Maintenance Easement on lots 106, 130, 131, 133, 134 and 135 and to accept a 20' wide Lake Maintenance Easement as a replacement easement and to vacate the 15' wide Drainage Easement on lots 124, 125, 141 and 142 and to accept a 15' wide Drainage Easement as a replacement easement, all according to the plat of "Glen Eden, Phase One", as recorded in Plat Book 29, Pages 86 and 87, Public Records of Collier County, Florida, located in Section 9, Township 48 South, Range 25 East;and WHEREAS, the Board has this day held a public hearing to consider vacating said 20' wide Lake Maintenance Easements and 15' wide Drainage Easements, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or fight of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 20' wide Lake Maintenance Easements and 15' wide Drainage Easements, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the replacement easements for the Lake Maintenance and Drainage Easements vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the reCorded plat as referenced above. :~,~ ",' ~ ~ ~ ~P~. fio!ution adopted after motion, second and majority vote favoring same. ..,ATFEST: ,'~.DWIGHT E~ BROCK,-Clerk ./ test as ,t0;- Approv~ ~?to'fo~ ~d leg~ sufficiency: Assis~t Co~W A~omey BOARD OF COUNTY COMMISSIO/NERS BY:J [ [ ! t. , ~' L/kY~,.J/A/-/ g~ELA S. ~C'~E, C~o~ 1 2533077 0R: 2 93 PG: 0636 ~COiOlD tn OFFICIAL RICORD8 of COLLIIR COUNTY, 09/17/1999 et 01:40PH OWIOH~ I. BROCK, CLHK COPIBS ~e~n: CLBRK TO TH{ BOARD INTHOFFICB ITH FLOOR BIT 7240 69.00 15.00 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCNMIWF, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners SEP 1 ~t 1999 ALAN V. RCSEMAN ROBERT W. THINNES, A.I.C_P. ERIC V. SANDOVAL, P$.M. TOM CHERNESKY, PS.M° Glen Eden Phase One Easement Vacation Legal Description F_.,:~b~ "A' Sh~ lof 1 VAC Parcels of land located in Section 9, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: 1) 2) 20 foot wide Lake Maintenance Easement across Lots 106, 130, 131, 133, 134 and 135, Glen Eden Phase One, Plat Book 29, Pages 86 and 87. Public Records of Collier County, Florida. 15 foot wide Drainage Easement across Lots 124, 125, 141 and 142, Glen Eden Phase One, Plat Book 29, Pages 86 and 87, Public Records of Collier County, Florida. F:GEI.V (941) 947-1144 ,, FAX (941) 947-0375 w E-Marl: QGMA~)aol.com 3800 Via Del Rey · Bomta Springs, Florida 34134 OR: 2593 PG: 0638 SEP ! 1999 Retul~l to: Board of Collier Cotmty Commissioners This instrument prepared by: Leo J, Salvatori, Esq. Quarles & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 Exh~b4t "B'* Sh~t lof 13 VAC 99-00a LAM. MAINTENANCE EASEMENT (Glen Eden, Phase One, Lots 106, 130, 131, 133, 134 and 135) THIS EASEMENT, granted this ,~7'~--day'a~z of ~'~),Jltzzar',4_% , 1999, between REVCO/GE JOINT VENTURE, a Florid~ general parmersfiip, as GI~NTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, perpetual, non-exclusive easements, license, and privilege to enter upon the following described lands being located in Collier County, Florida, for purposes of maintaining the lake and banks thereof abutting or adjacent to the same and to install and maintain lake maintenance facilities thereon: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and lake maintenance facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. QBNApl172021.1 OR: 2593 PG: 0639 SEP ! IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. ~,,~ Signed, sealed and delivered in our presence: Witness # 1 Pr-i~t Name Below: ( Witness Print Nme Below: REVCO/GE JOINT VENTURE, a Florida general partnership Sh~ 2of 13, VAC 99-005 By: By: (Corporate Seal) REVCO HOLDINGS, INC., a Florida corporation, as General Partner Gar//Kinsellt{, al l:'~esident / STATE OF FLORIDA COUNTY OF COLLIER /--~ The foregoing instrument was sworn, to and subscribed before me this C~(~c'A{clay of i)~l It £fft £6~f , 1999, by Gary Kinsella, as President of Revo Holdings, Inc., a Florida e~rporation, ,{as General Partner of REVCO/GE JOINT VE , a Florida general me.~ partnership, who is personally known to . My Commission Expires: (Print name below) GLEN EDEN BOULEVARD OR: o. ' , = ~ ~ . ~ GRAPHIC SCALE IN FEET --. ~ ~ ~ ' ~ -~ ~= ~ .c / LE I AT IONS CONC. denotes concrete L.E. ~enotes landscape easement LOT tO5 D.E. ~enotes drainage easement L. H.E. denotes lake lalflteflance eeselent k.E. ~enotes access easementSURVEYORS CERT I F I CAT I ON R- denotes curve radius A- ~enotes curve arc length I HEREBY CERTIFY that the the ~ketch 8n~ ~escrlptlofl shoun ~ereon Nerd A= denotes curve delta angle prepared under ,y direct supervision end that the said sketch and CH.= denotes curve chord length description does not constitute nor ~oe9 it ~ep~esent a survey of the CH. BRN6.- denotes curve cho~d bea~lng subject p~operty and that said s~etch and descPIptlon leers the mlnllul Pi denotes Plat distance technical standards as ~et fo~t~ ~y the Florida Bo8~ of Land Surveyors, IH] denotes ~easured distance In Chapter 61G17-6, Florida Administrative ~ode pursuant to Section 472.027 (C] denotes calculated distance Florida Statutes, T._S. denotes Tounshlp Soutb [ ~ R._E. denotes Range East Date of Signature: , [ denotes ceflterllne This certification ls not valid unless sealed Nlth the embossed Flocld8 certificate No. Infocmatlon shoNn he~eofl does not seal and signed Nlth the oplglnal ~ep~esent no~ does I1 constitute surveyors signature. a survey of the subject p~opecty. SECTION 9, T. 48 S., R, 25 E. ,iv. , SANDY LAND SORVEYING HAPP lNG SHE[T, OF I " FIELD: SURVEY lNG PLATTING HAPPING SCALE: ~'- ~0' DRANN:S. S~NDY 16565 VANDERBILT DRIVE STE. 3 DATE: t-08-99 BONITA SPRINGS FLORIDA, 34t3d APPROVED:S. SANDY TEL, [9t4} 495-8969 FAX. [gtd} 498-0702 OR NO. GLNtO6-E F. zla~i~ "B" Slte~ 4M'!3 VAC SEP 1999 -m~- ~ ~ . . . ~0 t0 0 20 ~. ~__~ ~ ~ · .~° GRAPHIC SCALE IN FEET ~ aZZ~ L.E. O.E. AND U.E. o- g. · .~ ...... ~~- ~ · ,, ,, ~ o~ ~o~ ~ ~,.~qOmo~ ~ ~/ ~ ~THE SOUTH LtNE OF LOT JO0 LEGEND AND ABBREV I AT IONS CONC. denotes concPete U.E. ~enotas utility easement L.E. ~enates lanesca~e easement D.E. ~enatea ~ealnage easement L. N.E. denotes lake maintenance easalant ~. E. ~e.at~s access e~se.ent SURVEYORS CERT I F I CAT I ON R- denotes curve radius A- denotes cupve aPc length I HEREBY CERTIFY that the the ~k~tch and descPlp~lon eho~n hereon ~ePe b- ~enotes curve delta angle prepared under my direct supervision and t~at the said sketch and CH.- denotes curve chord length description does not constitute nor does It represent 8 survey of the CH. BRNG.- denotes curve chord bearing subject property and that said sketch and description leers the Ilnlaua (P) denotes Plat distance technical standards as set forth by the Florida 8oar~ o~ Lan~ Surveyors, ~) denotes aea8ured distance In Chapter 6~G17-6, Florida kdalnlstratlve ~Code pursuant to Section 472.027 ~C) denotes calculated distance Florida Statutes. 1. _S. ~note~ Saut~ R._E. ~enates Range East Date of Signature: ' ~ denotes centerllne This certlflcation Is not valid ST~ven K.-~an~ PLS ~ - unless sealed ~lth the ea~ossed Florida certificate Infonaatlon shoNn hereon does not seal and signed ~ith the original represent nde does It constitute supveyo~s signature. a supvey of the subject pnopepty. SECTION 9, T. 48 S., R. 25 E. ' , S NDY LAND" 'SURVEYING G MAPPING F IELO: SURVEYING PLATTING MAPPING SCALE: p. ~0' SANDY' 16565 VANDERBILT DRIVE STE. ORA~N: S. DATE: ~-08-gg , BONITA SPRINGS FLORIDA, 34134 APPROVED:S. SANDY TEL. {9t4) 495-8969 FAX. (9t4) 498-0702 DR NO. GLNI30-E N =~ ~ GRAPHIC SCALE IN FEET ~ ~ ~ --=o~~ ~ % THE NORTH LINE OF LOT ~ THE SOUTH LINE OF LOT ~3~ LEGEND AND ABBREVIATIONS ~ .mm . CONC. denotes concrete X O. E, aerates uti I Ity easeaent L.E. aenotes lanflscape easeaent D.E. denotes dealnege easeaent L. N.E. denetes I a~e aa I ntenanca A. ~. denotes access easomen~ SURVEYORS CERT I F I C~T I ON R- denotes curve radius A- denotes curve arc length I HEREBY CERTIFY that the the sketch and description ShoHn hereon were 6= denotes curve delta angle prepared under my direct supervision and that the said sketch and CH.- ~enotes curve chord length description does not constitute nde floes it represent a survey of the CH. BRN6.- denotes curve chord bearing subject property and that said sketch and description meets the minllul denotes Plat distance technical standards as set forth by the Florida Board of Land Sueveyoes, C~ denotes aea$ueed distance In Chapte~ 6tG17-6, Florida Adalnlsteatlve.Code pursuant to Section 472.027 C) denotes calculated distance Sec. denote~ Section Florida Statutes.~ ~ ~ ~~~~, ~ R. _E. denote~ flange East Date ~f Signature: Thl~ cee~iflca~lon Is not valid ~v~n K:~andy PLS ~ denotes centeel Ine unless sealed ~lth the eabossed Floelda certificate Information s~o~n hereon does not sesl an~ signed ~lth the original represent nde does i~ constitute sueveyoes signature. a 5uevey of the subject property. SECTION 9, T. 48 S., R. ~5 E. ,iv. LAND SURVEYING g lNG FIELD: SURVEYING PLATTING HArP lNG SCALE: P- 2O' ORAWN:S. SANOY t6565 VANDERBILT DRIVE STE. 3 DATE: ~-08-99 ..... BONITA SPRINGS FLORIDA, 34t34 APPROVED:S. SANDY TEL. {gtd) 495:8969 FAX. (9~d) d98-070~ =hR NO. GLNI3I-E VAC ~l ~' ~'-m~ ~=~m~u ~ GRAPHIC SCALE IN FEET --=~ -- ~-- .J~ THE NO~TH LINE OF LOT t ~THE SOUTH LINE OF LOT 133 LEGEND AND ABBREVIATIONS ~ CONC. denotes concrete ~ L.E. ~enote, landscape easement O.E. denotes ~ralnaoe easement L. ~. E. denotes lake maintenance easement k. E ~enotes access easement SURVEYORS CERT I F I CAT I ON R- denotes curve radius A- denotes curve arc length I HEREBY CERTIFY that the the sketch and description shown hereon were A= denote~ curve delta angle prepared unde~ my direct supervision an~ that the said sketc~ and CH.- denotes curve chord length description does not constitute nor does It represent a survey of the CH. BRNG.- denotes cueve c~or~ beaelng sub/ect peoperty and that said sketch and descelptlon ~eets the {P) denotes Plat distance technical standard8 as set forth by the Florida Board of Lanfl Surveyors, denotes measured distance In Chapter 6tGtT-6, Florida Administrative ~ode pursuant to Section 472.027 This certification I, not valid Steven . ~and,~ PLS ~ denot~ center~lne te N~ ~ unless sealed with the embossed Florida certlflca Infoematlon sho~n heeeon doe~ not seal and slgne~ ~lth t~e oelglnal represent nor does It constitute surveyors signature. a ~uevey of the ~ubJec~ propeety. SECTION 9, T. 48 S., R. 2B E. ney. SANDY ILAN SURVEY INGmG NAPPING FIELD: SURVEY lNG PLATT lNG MAPP lNG SCALE: t'- 20' )RAWN: S. SANDY16565 VANDERBILT DR IVE STE. 3 )ATE: t-oa-gg BONITA SPRINGS FLORIDA, 34134 APPROVED:S. SANDYI TEL. (Old) 495-8969 FAX. {9t41 498-0702 DR NO. GLNI33-E VAC S£P ~ 1999 =. =-- ~==o GRAPHIC SCALE IN FEET - == ~ ~ N88' E IRS. 47' ~== --~ ~[ THE NORTH LINE OF LOT ~34 ~=~==~. o=~=~ . rTHE SOUTH LI OF LOT 134 ~ , LEGEND AND ABBREVIATI S88ei9'~i'~ i27.9i CONC. denotes concrete/ ~ ~ U.E. ~enot,s utility ,ase~ent / L E. Oenates landscage easement O.E. Oenotes OPalnage easement / ~ L.~.E. ~enotes lake maintenance / easelent A.E. denotes access easesent / SURVEYORS CE~T I F I CAT I ON ~- denotes curve radius A- denotes curve arc length I HEREBY CERTIFY that the the sketch and description shone hereon were M denotes curve delta angle prepared under my direct supervision and that the said sketch and CH.= denotes curve chord length description does not constitute nor does It represent a survey of the CH. BRNg.= denotes curve chord bearing subject property and that said sketch and description leers the minimum P) denotes Plat distance technical standards as set ~orth by the Florida Board o~ Land Surveyors, [X] denotes eeasured distance in Chapter 6tGi7-6, Florida kdllnlst~atlve :ode pursuant to Section 472. 027 {C} denotes calculated distance Florida Statutes. Sec. denotes Section ~ ~~~~ R._E. denotes Range East Oate of Signature: By: [ denotes centerllne ~hls certification is not valid ~tev~n K; S~ PLS unless sealed ~lth the embossed Florida certl[/cete No. T5222 Information sho~n hereon does not seal and signed Hlth the original surveyors signature. represent nor does it constitute a survey of the subject property. SECTION 9, T. 46 S., fl. 25 E. ' SANDY LAND SURVEYING"' G NAPPING FIELD: SURVEY lNG PLATTIN~ NAPPING SCALE: I"- DRAgN:S. SANDY ~6~5 VANDERBILT DRIVE STE. 3 ~DATE: [-08-gg BONITA SPRINGS FLORIDA. 34t34 APPROVED:S. SANDY TEL. [9t4} 495-8969 FAX. [gt4} 498-0702 DR NO. GLNI34-E CZ) Sbmt Iorl3 999 - ~,=,- ,,_=_ .~ £0 ~0 0 -- m,= =~ . . '~, GRAPHIC SCALE Iff FEET ~~~= ~ =~ ~ =~ LOT = THE NORTHERLY LINE ====~. o=~. LOT t36 LEGEND AND ABBREVIATIONS L.E. denotes landscape easement O.E. denotes drainage easeoent L.H,E. denotes lake maintenance easeleflt A.E. denotes access easement SURVEYORS CERT I F I CAT I ON R- denotes curve radius A- denotes curve arc length I HERESY CERTIFY that the the 8~etch and description shoNn hereon Nere b· denotes curve delta angle prepared under ay direct supervision and that the said sketch and CH.- denotes curve chord length description does not constitute nor does it represent a survey of the CH. BflNg,- denotes curve chord bearing subject property and that said sketch and description meets the'linllUl [P} denotes Plat distance technical standards as set forth by the Florida 8oard of Land Surveyors. denotes measured distance In Chapter 6tgi7-6, Florida kdllnlstratlve ~ode pursuant to Section 472.027 Sec, denotes Section ~ ~ ~ ~ ,~ T, _S. denotes Township South R._[. denotes Range East Date of Signature: · This certification Is not valid ~even'K. ~andy PL6 [ denotes centerllne unless sealed ~lth the embossed Florida certificate No.~52~2 Information sho~n hereon dues not seal and signed Hlth the original surveyors signature. represent nor does It constltu~ a survey of the subject property. SECTION 9, T. 46 S.. R. 25 E. REv. " SANDY LAND sURVEY'iNs & HAPPING" FIELD: SURVEY IN~ PLATT IN6 HArP lNG SCAL~ ~'- ~0' DATE: ~6~ VANDERBICT ~RIVE STE. 3 ~-08-99 SANDY BONITA SPRIN6S FLORIDA, 3di3d APPROVED:S. SANDY TEL (91dj d9~-8969 FAX. ( 9id] d98-070~ DR NO. 6LNI36-E OR: 2593 0646 SEP { 1999 Remm to: Board of Collier County Commissioners This immanent prepared by: Leo J. Salvatori, Esq. Quarles & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 Fadaibit "B" Slant 9~'13 VA~ 99-00~ DRAINAGE EASEMENT (Glen Eden, Phase One, Lots 124/125 and 141/142) THIS EASEMENT, granted this c~ day of ~ t~t~a rtl . , 1999, between REVCO/GE JOINT VENTIJRE, a Florida general parmet's~nip, as G~NTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 'its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and ia consideration of the sum ofTEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, perpetual, non-exclusive easements, license, and privilege tO emer upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. OBN,q~'\171698.1 OR: 2593 PG: 0647 SEP 1 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Witness #i Print Name Below: Prat N~elow: / REVCO/GE JOINT VENTURE, a Florida general partnership ~ 10 et' 13 VAC By: By: (Corporate Seal) REVCO HOLDINGS, INC., a Florida corporation, as General Partner / Gary k:insella,~a~esident 1999 STATE OF FLORIDA COUNTY OF COLLIER ,'-3 The foregoing instrument was sworn to and subscribed before me this ;~-~ [:lay of %//1 ~'ktta ~-c~,. , 1999, by Gary Kinsella, as President of Revo Holdings, Inc., a Florida co{poration, ~ General Partner of REVCO/GE JOINT VENTURE, a Florida general partnership, who is personally known to me. /,,~,,~ ,..,// /. / My Commission Expires: (Print name be SEP 1 ~ 1999 ~=__ ~ =~ GRAPHIC SCALE IN FEET '- GLEN EDEN BOULEVARD ~" ~ ~ THE NORTH LINE OF LOT ~4~ ~Z[ 3~ rile SOUTH LINE OF LOt ~24 ~ I - LEGEND AND ABBREVIATIONS ~ CONC. denotes concrete U.E. Senates utility easeaent L.E. ~enotes lanascape easeaent ~ ~ ~ . D.E. denotes drainage easeaent ~ ~ L.H.E. ~enotes lake aalntenance ~ ~, ~. u=notes acc=ss .s.ent SURVEYORS CERT I F I CAT I ON R- ~enotes curve ~aalus A- denotes curve arc length I HE.BY CERTIFY that the the s~etch and description sho~n hereon Nero &= aenotes curve ~elta angle prepared under ay direct supervision an~ that the said s~etch and CH. = ~enotes curve chord length description d~es not constitute nor ages It represent a survey of CH, BRNG.- Senates curve chor~ bearing subject property and that said sketch and description aeets the alnlaua technical standards as set forth by the Florida Board o$ Lan~ Surveyors, ~enotes Plat distance (~ denotes aeasured distance In Chapter 6~657-6, Florida Adalnlstratlve C~de pursupn/ to Section 472.027 T. _S. denotes Township South~ R._E. denotes Range East Da~e of Signature' ' By' ' ~ ~ represent nor does It constitute surveyors signature. a survey of the subject property. SECTION 9, T. 4B S., R. 25 E, ,er. ,,,, SANDY LAND SURVEYING .... g HA~PlNG' SHEET t OF I ,, FIELD: SURVEYING PLATTING HAPPING SCALE: t'- 20' DRA~N:S. S~DY t6565 VANDERBILT DRIVE STE. 3 DATE: t-08-99 BONITA SPRINGS FLORIDA. 34t3a APPROVED:S. SANOY TEL. [9t4} 495-8969 FAX. [9t4] 498-0702 OR NO. GLNt24-E Shat 12 ~ 13 VAC 99-00t o.~_o.~= ~ GRAPHIC SCALE IN FEET ~ - 0'-"-,o.,-. , o'"'"='"'- ,.. "-J I I THE SOUTH LINE OF LOT J£5 ~ ~'''~ ~ ~=~- o"~'""' --SBS' i2' 49' lf t26. 00' LEGEND AND ABBREV I AT IONS CON& denotes concrete U.E. denotes utility easesent L.E. denotes landscape easeaent D.E. denotes drainage ease.ent L, H.E. denotes lake aalntenance easement A.E. denotes access easeaent SURVEYORS CERT I F I CAT I ON R- denotes curve radius A- denotes curve arc length I HEREBY CERTIFY that the the Sketch and description sho~n hereon ~ere A- denotes curve delta angle prepared under ly direct supervision and that the said sketch and CH.- denotes curve chord length description does not constitute nor does it represent a survey,of the CH. BRN6.- denotes curve chord bearing subject property and that said sketch and description neats the alflleua denotes Plat distance technical standards as set forth by the Florida Board of Land Surveyors. CI denotes aeesuPed distance In Chapter 6~Gt7-6. Florida Adnlnlstratlve (Iode pursuint to Section 472.0~7 iCl denotes calculated distance Florida Statutes. ~~ I · T. _S. denotes Township South R. _E. denotes Range East Date or Signature: By This certification Is not valid S[even K. :ganny PLS \ q. denotes center I i ne unless sealed Nlth the eaboesed Florida certificate No. Information ShoNn hereon doss not seal and signed Nlth the original surveyors signature. represent nor does It constitute a survey of the subject property. SECTION 9. T. 48 S.. R. 25 E. ney. SANDY LAND SURVEYING & MAPP lING SHEET t F~ELD: SURVEY I N6 PLATT lNG blAPP I NG SCALE: t'- ,?.0' t~565 VANDERBILT DRIVE: STE. 3 DkTE: ~-08-gg ~RANN: S. SANDY I BONITA SPRINGS FLORIDA. 34t34 ~P~nOVEO:$.s~O¥ TEL. (9t4) 495-896g FAX. (9t4) 498-0702 DR NO. SLNIP§-E u ~N3H3SIf3 39YNIYUg gN¥ ~-7 IOVUI II SEP 1 i 1999 Shmt 13d13 VAC99.008 September 14, 1999 Item #17N RESOLUTION 99-361, RE PETITION CCSL-99-2, COASTAL ENGINEERING CONSULTANTS, REPRESENTING THE COLLIER COUNTY BOARD OF COMMISSIONERS, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF ADDITIONAL DECKING, LOCATED AT CLAM PASS COUNTY PARK BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT Page 236 RESOLUTION NO.99-._3.~ SEP 1 1999 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-99-2, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW FOR CONSTRUCTION OF ADDITIONAL DECKING LOCATED AT CLAM PASS COUNTY PARK BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Coastal Engineering Consultants, representing the Collier County Board of County Commissioners, requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended to allow for construction of additional decking located at Clam Pass County Park beach facility, Pelican Bay Planned Unit Development (see exhibit A); and WHEREAS, the subject property is located at the Clam Pass County Park within the Pelican Bay PUD; and WHEREAS, the proposed activity will extend approximately one hundred thirty (130) feet seaward of the CCSL for the construction of new decking; and WHEREAS, the proposed activity is consistent with Collier County Growth Management Plan Policy 11.5.4, which approves passive recreational structures which minimize interference with natural function of beaches and dunes; and WHEREAS, the petitioner proposes to mitigate for the removal of~ native dune/ strand vegetation from the areas where the decking will be constructed; and WHEREAS, the petitioner will avoid or minimize impacts to the Gopher tortoise population, which exists within the near vicinity of the project, by obtaining necessary Gopher tortoise permits from Florida Fish and Wildlife Conservation Commission; and WHEREAS, the petition is consistent with the Collier County Land Development Code Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL- 99-2 be approved, subject to the following conditions: $£P 1 1999 All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week pdor to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed to construct decking and ramps. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher tortoise survey (and if necessary a plan to barricade the work area or a Gopher tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. Petitioner shall submit copies of all necessary agency permits (i.e. Florida Fish and Wildlife Conservation Commission for Gopher tortoise) prior to any site improvements or obtaining any building permits. 10. Petitioner shall field locate handicapped ramp, boardwalk and decking to avoid or minimize potential impacts to existing Gopher tortoise and their burrows. 11. Petitioner shall remove all exotic vegetation from the boundary of Clam Pass Park in accordance with The Collier County Land Development Code Section 3.9.6.6. 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. 2 S£P 1 ~ 1999 This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this /z/' day of~_~.~~, 1999. ATTEST:,. DWIGHT ~;. BROCK, Clerk s~gnttur~' o,,15,.i.' =, ..: Approve,d,a~ to Form and Legal Heidi Ash-t~3n ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS CO L~~ Bp'~!~A S/. ~A(~,Ki'E, ' C-HA,i;~O M,~N ccsl-99-2 RESOLUTION 3 .... ' ...... ~YHIBIT "A" 000966 001841 00754931 OR BOOK PAGE COLLAR CO . fY RECORMO This Quit-Cia.tm Gl·d, ~ecuted this 13to davy of A~rtl, 1982, by COKAL RXDGE-COLLZER PROPERTIES, INC., · florida corporation hereinafter referred to as GRAXTCit, to COLLIER COUI(TY, a political subdtvtslo# of the State of Florld¢ vhese postofflce id~ress ts Collier County Gev·em·et Cc~lex, Naples, Florida 33942 hereinafter referred to as G~ANTEE: (~heruver used heroin the tams 'GL48TOR' and 'GLANTEE' shill include singular and plural, hetrS, legs1 re~resentattws, and asstges of Individuals, and the successors &nd assigns of corporations, vherever the context {o admits or requires.) YZTNESS~rH: That ouurFoR, as · gift and tn fulflllmnt of Its obligations under the Pelican Bey PUD Ordinance (collier Cobnty OTdln~ce No. 77-18, as amended) and the U.S. Ar~ Corps of Engineers Pemlt No. 79K-0282 (November 18, 1981), as recorded In Official Records Book g~8,-Piges 1824 through 1829, Inclusive, of the Publlc Records of Collier County, Flortde, does hereby refalse, release and qult-c1alB unto GRANTEE ali the rtght, title, tnt·rest, clatB and demand vhfch GR~TOK has Iff and to the follovlng described lot. pt·ce or parcel of land, situate, l~tng and being in the' County of Co111er, State of Flortda. toovtt: Porttons of Secttons 32 and 33, Tmmshlp 48 South, Range 28 Cast, Collier County, Flortda and Portions of Sections 4, S, 8 and g, Tovnshlp 49 South, Range 28 East, Collier County, Flortda, as Bore particularly described as Parcel I (hereinafter referred to as PARK SZTE) and Parcel IZ (hereinafter referred to as. CONSERVATION ~REA) on Exhibit 'A' to Sc~dule 'A', attlched hereto and Bade · part hereof. Subject to: I) Taxes and assessments for 1988 and subsequent 7·Irs; 2) That certain DECU~ATZON OF RESTRSCTZONS ('RESTRICTIONS'), as worded In Offl¢tel Records Book ~, Pages 1830 through 1840, Inclusive, of the Publtc Records of Co111er County, Florida. 3) That certain DECL~JT~ON Of ~OTECTIVE COVT~qTS ARO RESTRECTTONS .... k, Nto prt hereof u Schedute ',X.:. 4) The ruserved ~ght of IRANT~ to c~struct, operate and a&lntaln cart·in Btttgatton activities ·s reqgtred by the U.S. Amy Corps of Engineers Perutt No. 79K-0282 (Nowad~r 18, 1981), Special Condition b., es recorded In Official Records Book 966, Page 1826 of the Public Records of Collier County, florida. s) An Easement reser~d to ER~T~ to construct, eperata, maintain, rt~atr, replace or rebutld· brtdgo for vehicles, pedestrians and utilities, is my he Suthodaid W _ep~r~rtate governuntal bodtes tn, over, on and above CONSERYATIO~ ~ alt# the fight of tngruss end egress, tn a porttan of Sactlon 32, Tmmshlp 48 South, hq, 28 East, Collier County, florid· as ~ore particularly descflbed on Exhlbtt 'B' to Schedule 'A', attached heruta and made · part hereof. SEP 1 1999 / Thts tnstnment prepared by: · Peter D. Heckt !:. 5601 Pelican Bay Blvd. · leplos, FL 33940 This documat accepted by the ICC on 000966 0018 2 OR BOOK PAGE PARK SITE: IF AT ~ TP4E TI~ I~O~ERTY R~FERRED ~ ~ PMK SITE ES USED BY ~ ~Y ~R~SE O~ ~ A ~ZC ~ (V~ k~T~ RE~TZO~L ~ZV~TZ~ ~ ~ F~ZL~Z~ ~Z~ BY RE~Z~ONS ZN AC~R~NC~ YZTH mY~S), ~ F~ SITE ~L ~BTZ~LY RE~T ~ ~T~. F~T~R, IN ~E ~l~ ~ 0~~ ~ N~I~ V~N ~ A~E~ 8E~ ~L RIHE~LL~ ~TI~, ZK. ~ ~LIU ~U~Y, ~E ~OPLRTY DES~ZB~ ~ P~ S~E ~L ~TZ~Y RE~r m ~.G~VATZON ~EA: ~E ~G~VATZON ~EA ~Y OKY BE ~ED FOR ~USERYATZON K~K~, TO IK~E 8~ KOT LIHIT~ TO S~ ~KS~ ~ C~S~VATZON ~ZON ~ ~ ~A~ R~, MZ~ZFE DZ~Z~, ~ENZC BEA~Y ~~ ~ BE ~ED IN ~ ~VATZON ~ UK~S IT ZS P~Z~ED DICTION ~ RES~Z~Z~ ~D U~ZL ~ ~ ZSS~ iTS PRT~ ~U~ ~ FKZLITZ[S iN ~N~RVATZON ~ R~S ~ STRUCTIJI~E OR FACILITY IS A PI~J4ZTTED USE UNDER TH~ DECLaRATiON OF RESTRICTIONS. IF ME CONSERVATION ~EA, OR ANY PORTION THEREOF, IS EVER USED IN YZOLATION OF THESE FROVISIOKS, CONSERVATION ~EA SHALL AUTC~4ATICALLY TO ~)dTOR ' TO IL~V~ AND TO HOLD THE: SME together vlth a11 and singular the mpurteninces thereunto belonging or in &n3Mlse N~ertaln;ng, and a11 the estate, right, title, tnter~st, 1lan, equity ~nd cllhe vhltsoever of Ga~ITOR, either tn ltv or equtty, to the only proper use, benefit and behQo~ of forever. ' TN I~ITNESS IMEREOF, CORAL RIDGE-COLLIER PROPERTIE~, INC., a Florida ¢orporltlofl, has signed and sealed these presents the day and year first above Mr1 ttefl. Signed, sealed and delivered in the presence of: CORAL RiDGE-COI~OPERTIES, [NC.. . Koss P. Obley, President/'. ,' ! HERE:IV C:D. TZFY that on this di3,, before me, in officer dul~ luthorlzed · '".~'. tM Stoto Bfomsitd end tn the County aforesaid to take icknovledgoents, = p_ersoflal~1)' Flma.r.ed R~S P.. OBLEY, Presld.e~t of Coral Ridge-Collier ,. F~erties, Inc., TO m [nmm ~o ~ the person aescrlbed .~, and vho ex~cuted · ~." the foregoing tflstruMflt End he ac~novledged before me nit ~ executed the ¥1TIESS B~ ~lnd lad offlclll seal ts the Count~ and State CdXll n · ' ....... SE3Z 1999 I.=- ._j r'~ Itl tv' 0 0 0 0 N N N N II II ~ oz Z EXHIBIT Z 0 i[L~ +14'-I1" September 14, 1999 Item #170 ORDINANCE 99-61, COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REQUESTING APPROVAL OF AN ORDINANCE AMENDING ORDINANCE 81-91 SUMMERWOOD PUD, TO CORRECT A SCRIVENERS ERROR PROVIDING THAT EXISTING EXOTIC VEGETATION MAY NOT BE REMOVED FROM THE REQUIRED BUFFER FOR PROPERTY LOCATED WITHIN THE SUMMERWOOD PUD, LOCATION ON THE SOUTH SIDE OF RADIO ROAD Item #17P ORDINANCE 99-62, AMENDING ORDINANCE 99-46, LAND DEVELOPMENT CODE AMENDMENTS TO CORRECT A SCRIVENER'S ERROR DUE TO THE OMISSION OF AN AMENDMENT TO FACILITATE OFF-SITE PARKING DULY HEARD AND APPROVED AT A PUBLIC HEARING ON JUNE 16, 1999 Page 237 September 14, 1999 There bein9 no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:50 p.m. DWIGHT' E. ' t~ROCK, CLERK These minutes approved by the Board on presented BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/Ex OFFICIO GOVERNING BOARD(Si OF ~ as or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Cherie R. Leone, Terri L. Lewis and Heather L. Casassa Page 238