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BCC Minutes 02/23/1999 RFebruary 23, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 23, 1999 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRWOMAN: Pamela S. Mac'Kie Barbara B. Berry John C. Norris Timothy J. Constantine James D. Carter ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Clerk To The Board/M. Kenyon Admin/4th Floor FP CV IN 3 1 AGENDA Tuesday, Februa~ 23, '1999 9:00 a.m. NOTICE: AnL PERSONS WISHn~G TO SPEAK O~ ~ a~S~n~ ~ ~OSX ~SX~a ·moa xO set~m~, sets~ ~usx ~msxsa w~xa xas cou~ ~m~sx~xoa PmOR TO THE P~SENTATION OF THE AGENDA ITEM TO BE AOO~SSEO. ~QUESTS TO ~D~SS THE BO~ ON SUBJECTS WHICH A~ NOT ON THIS AGENDA MUST BE SUBMITTED ~ W~TING WITH E~LANATION TO THE COUNTY ~M~IST~TOR AT LEAST 13 DAYS P~OR TO THE DATE OF THE MEETING ~D W~L BE HEA~ UNDER "PUBLIC PETITIONS". ~Y PE~ON WHO DECIDES TO ~PEAL A DECISION OF THIS BOA~ WILL NEED A ~CO~ OF THE PROCEEDINGS PERTAINING THE~TO, AND THE~FO~ MAY NEED TO ENSU~ THAT A VE~ATIM ~CO~ OF THE PROCEEDINGS IS MADE, WHICH ~CO~ ~CLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE ~PEAL IS TO BE BASED. ALL ~GISTE~D PUBLIC SPE~ W~L BE LmITED TO F~ (5) M~UTES UNLESS PE~ISSION FOR ~DIT1ONAL TIME IS G~NTED BY THE CHARWOMAN. ASSISTED LISTEN~G DE~CES FOR THE HEA~NG IMPAI~D A~ AVAILABLE IN THE COUNTY COMMISSIONE~' OFFICE. LUNCH ~CESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. ~OCATION - Pastor James Honig, Grace Lutheran Church 2. PLEDGE OF ALLEG~NCE ~. ~PROVAL OF AGENDAS ~ ~PROV~ OF CONSENT AGEND~ B. ~PROVAL OF SUMMARY AGENDA. C. ~PROVAL OF ~GULAR AGENDA. 4. ~PROVAL OF MINUTES A. B. C. January 26, 1999 - Regular meeting. January 27, 1999 - Special meeting. February 1, 1999 - Workshop. 1 February 23, 1999 D. Fcbruary 2, 1999 - Workshop. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the year of 1999 as The George Washington Bicentennial Year in Collier County. To be accepted by Ms. Frances Barsh, Chairwoman, George Washington Bicentennial Commemorative Committee. 2) Proclamation proclaiming the week of February 28 - March 6, 1999 as Emergency Planning and Community Right-To-Know Act Awareness Week in Southwest Florida ('EPCRA") Week. To be accepted by Mr. Ken Pineau, Collier County Emergency Manager. a) Proclamation proclaiming the week of March 8 - 12, 1999 as National School Counseling Week in Collier County. To be accepted by Ms. Kathy Thomson, Center Director, Syh, an Learning Center. 4) Proclamation recognizing the volunteers of the Veterans Transportation Service. To be accepted by Mr. Ronald Scott, President, Collier County Veterans Council. s) Proclamation recognizing Mr. Roy McTarnaghan, President, Florida Gulf Coast University. B. SERVICE AWARDS 1) Valdemar Prince, Transportation - 25 years C. PRESENTATIONS 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) A report to the Board regarding issues of invasive exotic plants in Collier County. ~) Request to authorize dredging of Clam Pass and the Clam Bay System and attendant placement of material in advance of formal action to grant required Coastal Construction Setback Line variances. a) Petition C-99-2, Golden Gate Area Chamber of Commerce requesting a permit to conduct a festival (Frontier Days) from February 26 through 28, 1999 on County owned property west of the Golden Gate Community Center. 2 February 23, 1999 4) Petition C-99-1 Collier County Parks and Recreation requesting a permit to conduct a carnival (Immokalee Hard,est Festival) from March 4 through March 7, 1999 at the Immokalce Airport Park located on SR-29 B. PUBLIC WORKS 1) Review Hearing for an Appeal of Road and EMS Impact Fees for the remodeling of former Commercial Retail Use to Restaurant Use for the Mangrove Cafe, Inc. 2) Approve an Agreement with the Florida Department of Transportation OeDOT} for the construction of a sidewalk along U.S. 41 from Courthouse Shadows East to Rattlesnake Hammock Road. 3) Obtain Board direction on provision of Sewer Service to the Isle of Capri. 4) Consideration and approval of Irrigation Water Supply Joint Participation Agreement. C. PUBLIC SERVICES 1) Amend the Skate Park Concession Agreement. D. SUPPORT SERVICES l) CONTINUED FROM FEBRUARY 9~ 1999 MEETING. Authorization to Request Competitive Proposals for the Construction of an Office Building. E. COUNTY ADMINISTRATOR 1) Discussion regarding topics for the 1999 Annual Citizens' Telephone Survey. 2) Discussion regarding a proposal to hold Commission workshops in each Commission district. 3) Presentation of two new internal training initiatives entitled "Collier College" and "Learn to Lead". 4) Presentation of "County Purchasing Card Program" initiative. 5) Presentation regarding infrastructure sales surtax. F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Development Scm'ices Advisory Committee. B. Direction from Board regarding Tourist Development Council appointment. C. Recommendation to declare a vacancy on the Bayshore-Avalon Beautification MSTU Advisory Committee. 3 February 23, 1999 11. D. Appointment of members to the Collier County Code Enforcement Board. E. A Resolution of the Board of County Commissioners of Collier County, Florida, Reaffirming Resolution No. 98-62, Resolution for Repeal of Preemption Language in the Florida Clean Indoor Air Act, Chapter 386, Part II, Florida Statutes. F. Discussion regarding "Hurricane Jane's". OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC COMPREHENSIVE PLAN AMENDMENTS 1) Adoption Hearing for the 1998 Growth Management Plan Amendments Transportation Element: Amend Table V, the Collier County Transportation Data Base, and various Transportation Maps within said Element 2) Capital Improvement Element: Amend policy 1.1.5 of the Capital Improvement Element (CIE) to reflect changes in levels of service to certain capital facilities and amend and update the Capital Improvement Schedule of the CIE. 3) Petition CP-98-01: Amend the Future Land Use Element and Future Land Use Map, by adding a new Subdistrict entitled the Goodlette/Pine Ridge Commercial lnfill Subdistrict. 4) Future Land Use Element: Amend the Future Land Use Element by eliminating the "Commercial Under Criteria" provision and replacing it with a new provision entitled "Office and In-fill Commercial Subdistrict'. 5) Petition CP-98-03: Amend the Golden Gate Area Master Plan by increasing the acreage requirements of the Pine Ridge/CR 951 Neighborhood Center and by modifying access and buffering requirements of the Neighborhood Center. 6} Petition CP-98-04: Amend the Golden Gate Area Master Plan by creating a new Subdistrict entitled "Santa Barbara Commercial Subdistrict.' ZONING AMENDMENTS 1) Petition PUD-98-18, Dwight Nadeau of McCanly Engineering and Design, Inc., representing Section Thirty Corporation LLC, requesting a rezone from its current zoning classification of "A' Agricultural to "PUD" Planned Unit development to be known as Livingston Lakes PUD. The subject property is located on the east side of proposed Livingston Road approximately 700 feet south of Immokalce Road consisting of 46.73 acres. 2) Petition R-98-8 John P. Asber, P.E., of Coastal Engineering Consultants, Inc., representing Gertrude M. Abele, requesting a rezone from "E" Estates to "C- 4" General Commercial, for property located on the southwest corner of the intersection of Davis Boulevard (SR-84) and Santa Barbara Boulevard Extension, in Section 8, Township 50 South, Range 25 East, Collier County, Florida, consisting of 19.68 +/- acres. 4 February 23, 1999 Ce 4) OTHER 4) S) 6) 7) Petition PUD-82-16{I) Karen Bishop of PMS, Inc. of Naples, representing Henry Krchling, by changing the zoning classification from PUD to PUD Planned Unit Development for the purposes of complying with sunsetting provisions of the Land Development Code by updating the PUD document and Master Plan to current Land Development Code requirements, adding commercial and light industrial uses to the list of authorized uses and reconfiguring the PUD Master Plan, for property generally located southeast of the intersection of U.S. 41 and Old U.S. 41, % mile east of U.S. 41 at the eastern terminus of Wiggins Pass Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida. CONTINUED FROM FEBRUARY 9, 1999 MEETING. Petition PUD-98-17 Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A' Rural Agriculture to "PUD" Planed Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on thc north side of Davis Boulevard (S.IL 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 +/- acres. CONTINUED INDEFINITELY. Petition SNR-98-7, Donna Devlin, requesting a street name change from 24tb Avenue SW to Star Grass Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. CONTINUED INDEFINITELY. Petition SNR-98-8, Donna Devlin, requesting a street name change from 22~h Avenue SW to Sea Grass Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. CONTINUED INDEFINITELY. Petition SNR-98-9, Donna Devlin, requesting a street name change from 20t~ Avenue SW to Westport Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. CONTINUED INDEFINITELY. Petition SNR-98-10, Donna Devlin, requesting a street name change from 18th Avenue SW to Cedar Tree Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. CONTINUED INDEFINITELY. Petition SNR-95-12, Donna Devlin, requesting a street name change from 26~ Avenue SW to Copper Leaf Lane, located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. CONTINUED INDEFINITELY. Petition SNR-98-13, Donna Devlin, requesting a street name change from 28ta Avenue SW to Painted Leaf Lane, located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. Recommendation to approve a Resolution electing to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments levied on eleven lots located on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53'~ Street Southwest located in the unincorporated area of the 5 February 23, 1999 13. 14. 15. 16. County; stating a need for such levy; providing for the mailing of the resolution; and providing for an effective date. s) DUE TO ADVERTISING ERRORs THIS ITEM IS BEING READVERTISED AND CONTINUED TO THE 3/9/99 MEETING: An Ordinance providing for the establishment of more stringent local ethics standards and for enforcement thereof; providing for title and citation; providing for findings; providing for definitions; providing for reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees; providing for lobbyist registration; providing for post-employment restrictions; providing for supplemental provisions; providing for penalties; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-98-24, Margaret Perry, AICP, representing Girardin, Baldwin and Associates, LLP, requesting a 15 foot variance from the required 15 foot rear yard to 0 feet for carports for an office building located at 5147 Castello Drive in North Naples. ~) Petition V-98-25, Todd Nicusanti, Nicusanti Building Corporation, representing Curt A. Sahlsten, requesting an after-the-fact variance of 5 feet from the required front yard setback of 30 feet to 25 feet for property located at 273 Johnnycakc Drive, further described as Lot 6, Johnnycake Cove, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorize the Chairwoman to sign the Agreement for the Florida Department of Environmental Protection Artificial Reef Grant. Resolution authorizing the County Administrator to submit a $750,000 Economic Development Grant application to the Florida Department of Community Affairs. 3) Request to approve for recording the final plat of "Kathleen Court", and approval of the performance security. 6 February 23, 1999 4) 6) ~) 1o) 12) 14) Budget amendment for the Shellabarger Park Infrastructure Improvement Project. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Villages at Wyndemere". Budget amendment for the Tourism Development, Advertising and Promotions category Visit Naples, Inc. Approval of Work Order PB-98-3 for the furnishing and installation of dehumidification equipment at the Development Ser~,ices Building. Request to approve the final plat of "Villas at Greenwood Lake" Request to approve for recording the final plat of "Mashie Court at the Estates at Bay Colony Golf Club", and approval of the performance security. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk Phase Five" Request to approve for recording the final plat of "Island Walk Phase Two" and approval of the performance security Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk Phase Six" Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk Phase Four" Authorization of a 100% waiver of all impact fees for nine very Iow income single family houses to be built in the Seminole subdivision in lmmokalee by Habitat for Humanity of Collier County, Inc. 12) Authorization of a 100% waiver of all impact fees for eight very Iow income single family houses to be built in Naples Manor by Habitat for Humanity of Collier County, Inc. 16) Budget amendment transferring funds from Permit Fee Reserves for the purchase of a vehicle and machinery. PUBLIC WORKS 1) This item has been deleted. 2) Approve the purchase of two (2) Model TL70 Tractors and one (1) Model 555E Backhoe/Loader under Florida State Contract #765-90-98-1. Consultant Selection Ranking for the design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road (Project Nos. 60071 and 62071) (CIE Nos. 52 and 58). 4) Approve a Budget Amendment and award Bid No. 98-2885 to Central Florida Landscaping, Inc. (as amended and conditioned through negotiations) for the Davis Boulevard Phase Il Median Landscaping Improvement Project Between Airport-Pulling Road and County Barn Road. 7 Februar3' 23, 1999 5) 6) 7) s) PUBLIC 1) 2) 4) Lely Area Stormwatcr Improvement Project - Phase 1 Design Professional Services Agreement with Agnoli, Barber and Brundage, Inc. (Project No. 31101). Livingston Road Construction Engineering Inspection Professional Services Agreement with Kisinger Campo and Associates Corp. (Project No. 60061) (CIE No. 53). Approve a Budget Amendment for Public Works Recruitment Advertising. Request approval to waive Landfill Disposal Fees for Lot Clearing in the "Build A Home for George Project" in lmmokalee. SERVICES Authorization to renegotiate an agreement with the Collier County Veterinary Society, Inc., to provide the Domestic Animal Services Department with emergency animal medical services, physicals and neuter/spay operations for animals adopted from the County shelter. CONTINUED FROM FEBRUARY 9~ 1999 MEETING. Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests for properties adjacent to the existing landfill in Township 49S, Range 26E, Section 25 for public recreational purposes. Apl}rove the purchase of playground equipment. Enter into a Memorandum of Understanding with the Florida Cooperative Extension Services, University of Florida to further enhance the cooperative relationship existing between Collier County and the Extension Service.- SUPPORT SERVICES 1) This item has been deleted. 2) Al}prove the Purchase of a Backup Battery Rack and Battery Monitoring System for the Administration Building. 3) Award Bid No. 98-2890 for the Purchase of Medical Equipment for the Emergency Medical Services Department. 4) Approval and Execution for Satisfactions of Claim of Liens for Water and/or Sewer System Impact Fees. 5) Request Approval to Purchase Maintenance and Software Services for the 800 MHz Radio System for Three Years Utilizing Terms and Conditions Established in Contract 94-2201. 6) Renewal and Approval of Pre-Qualified List of Appraisers and Appraisal Firms for Real Estate Appraisal and Valuation Services. 7) This item has been deleted. s) This item has been deleted. 8 February 23, 1999 G. 10) 11) 12) ~3) 14) 15) 16) This item has been deleted. This item hns been deleted. This item has been deleted. A Resolution for Approval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and said Liens are Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. A Resolution for Approval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. A Resolution for Approval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. A Resolution for Approval of Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Approval and Execution of the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees. 17) Approval and Execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees, COUNTY ADMINISTRATOR 1) Award Library, Transportation and Emergency Medical Sen'ices (EMS) Impact Fee Study to Tindale-Oliver and Associates. 2) Approval of Budget Amendment Report. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Sen'ices of the Public Defender for Case Nos.: 9604622MMA, 9807297MMA, 9806526MMA, 9807086MMA, 9800891MMA, 9803872MMA, 9807891MMA, 9805202MMA, 9805095MMA, 9807136MMA, 9807537MMA, 9805720MMA, 9804236MMA, 9808221MMA, 9806841MMA, 9803708MMA, 9808636MMA, 9802776MMA, 9804332MMA, 9806816MMA, 9807285MMA 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED OTHER CONSTITUTIONAL OFFICERS 9 February 23, 1999 L COUNTY ATTORNEY 17. 1) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance health care facilities for NCH Healthcare System. J. AIRPORT AUTHORITY 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. Petition R-98-9 Wayne Arnold, AICP, of Wilson, Miller, Barton & Peck, Inc. representing Konrad Maycrhofer, requesting a rezone from RSF-3 to C-4 for property located on the east side of S.R. 951 approxlmatcly 800 feet south of U.S. 41, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 6.06 +/- acres. Be Petition PUD-98-13, R. Bruce Anderson of Young van Assendcrp & Varuadoe, P.A., representing Collier Development Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" and "PUD to PUD" Planned Unit Development to be known as Collier Tract 21, formerly Bcachway PUD, for a golf course and accessory and incidental facilities including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 111th Avenue and south of thc Cocohatchce River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + acres. Amendment to the Residential Rehabilitation Program providing for contractor selection flexibility. De Petition CU-98-26 Beau Kecne of Keene Engineering representing Joseph and Connie Smith, is requesting the approval of a conditional use for an earth mining activity on a parcel of land zoned "A-MHO" Agricultural with Mobile Home Overlay located on Lilac Road approximately ¼ mile north of lmmokalee Road in Section 23, Township 47 South, Range 27 East, Collier County, Florida, consisting of 4.8 acres. Petition CU-98-25 Beau Keene of Keene Engineering representing Jolly Trucking is requesting the approval of a Conditional Use for an earth mlning activity on a parcel of land zoned "A-MHO" Agricultural with Mobile Home Overlay located on Angela Road approximately I mile north of Immokalee Road in Section 23, Township 47 South, Range 27 East, Collier County, Florida consisting of 9.87 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 10 Februa/3' 23, 1999 February 23, 1999 Item #3 REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CF~%/~GES CHAIRWOMAN MAC'KIE: I call the meeting to order, the Board of County Commissioners of February 23rd, 1999. We have with us this morning Reverend Honig to do the invocation, after which I'd ask you to stand for the pledge of allegiance. REVEREND HONIG: We pray. Gracious Father, on this chilly morning, warm the coldness of our hearts with the warmth of your love and grace. We thank you for the callings that you give each of us to use our time and abilities in meaningful work. Give us wisdom, knowledge and discernment for the decisions before us. Give us a concern for one another and for our common human community here in Collier County, that what we do here today will lead to a community which better reflects your character. Through Jesus Christ, the Lord, amen. (Pledge of allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Thank you, Reverend. Mr. Fernandez, changes to the agenda? MR. FERNANDEZ: Good morning, Madam Chairwoman, commissioners. I have a number of changes this morning. First is to add item 8(A) (5). This is a request to approve for recording the final plat of Pelican Strand replat I-C, and approval of the performance security. The next is to add item 8(A) (6). It's a request to approve for recording the final plat of Tamiami Professional Center and approval for the performance security. Next is add item 8(A) (7), request to approve for recording the final plat of Northbrooke Plaza, and approval of the performance security. The next item is to add item 10(G), which is discussion regarding board policy concerning public input at workshops, requested by Commissioner Norris. The next is add item ii(A). This is to seek resolution of outstanding fiscal year 98-99 budget issues addressed in the sheriff's budget appeal. That's at the sheriff's request. Next is to delete item 10(F), which is discussion regarding Hurricane Jane's, requested by Commissioner Berry. The next is to continue item 8(B) (4) indefinitely. This is a consideration and approval of irrigation water supply joint participation agreement, at the petitioner's request. The next is to continue item 12(B) (3) to the March 23rd, 1999 meeting. This is PUD 82-16(1). This is the change in zoning classification from PUD to PUD for the purposes of complying with sunsetting provisions of the Land Development Code for property generally located at the eastern terminus of Wiggins Pass Road. The next item is to continue item 12(B) (4) to the March 9th meeting. This is petition PUD 98-17, rezone from "A" rural agriculture to PUD to be known as the Whittenberg Estates PUD. North side of Davis Boulevard. The next -- CHAIRWOMAN MAC'KIE: If I can just say -- because I came up in the elevator with some people who were here on the Krehling PUD, that's one of the ones that you just continued. Page 2 February 23, 1999 COMMISSIONER CARTER: That's correct. CHAIRWOMAN MAC'KIE: Okay. So if you're here for that particular one -- COMMISSIONER CARTER: And I have met with them, Commissioner Mac'Kie, and they understand why we have -- CHAIRWOMAN MAC'KIE: Okay. Just didn't want anybody to waste their time. COMMISSIONER CARTER: Thank you. CHAIRWOMAN MAC'KIE: Sorry. Please go head. MR. FERNANDEZ: The next is to continue item 17(B) to the March 23rd meeting. This is PUD 98-13. Rezoned from "A" rural agriculture to PUD to be known as the Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental facilities, Vanderbilt Drive. Under staff discussions, I'd like to bring up during our staff discussions the discussion regarding proposed dates for the solid waste workshop. Potential dates are March 16th and April the 20th. CHAIRWOMAN MAC'KIE: Thank you. Anything, Commissioner Berry? COMMISSIONER BERRY: No. It's been noted. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: I wouldn't dare. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: Yes, item 16(2) I would like to pull for discussion and bring that up under public services. COMMISSIONER BERRY: 16 what? COMMISSIONER CARTER: 16(C) (2). CHAIRWOMAN MAC'KIE: That will become 8(C) (2). Do you have anything further? COMMISSIONER CARTER: No, that's it. Thank you. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: No changes. CHAIRWOMAN MAC'KIE: And the only change I have is to add a well reported resolution for settlement with the PGA. And if we could add that -- COMMISSIONER NORRIS: Under 117 CHAIRWOMAN MAC'KIE: Well, it will have to be added under 11, but I'd like to make it a time certain -- no, actually, it couldn't be under 11. It would have to be under 10 so we could take action on it. But at B(10) (H). But I'd like to take it at the end of the proclamations and service awards. Time certain there. Anything -- any further changes to the agenda? COMMISSIONER NORRIS: I'll make a motion that we approve the consent agenda, the regular agenda and the summary agenda with changes as noted. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Second it. Ail in favor, please say aye. Passes 5-0. Page 3 AGENDA CHANGES BOARD OF CO UNTY COMMISSIONERS' MEETING FEBR UAR Y 23~ 1999 ADD: ITEM 8(A)(5) - Request to approve for recording, the final plat of Pelican Strand Replat 1-C and approval of the performance security. (Staff's requesO. ADD: ITEM 8(A)(6) - Request to approve for recording, the final plat of Tamiami Professional Center and approval of the performance security. (Staff's requesO. ADD: ITEM 8(A)(7) - Request to approve for recording, the final plat of "Northbrooke Plaza" and approval of the performance security (Staff's requesO. ADD: ITEM lO(G) - Discussion regarding Board policy concerning public input at workshops (Commissioner Norris). ADD: ITEM II(A) - To seek resolution of outstanding FY 1998-99 budget issues addressed in the Sheriff's budget appeal (Sheriff's requesO. DELETE: ITEM lO(F) - Discussion regarding Hurricane Jane's. (Commissioner Berry). CONTINUE ITEM 8(B)(4) (INDEFINITELY) Consideration and approval of irrigation water supply joint participation agreement (petitioner's requesO. CONTINUE ITEM 12(B)(3) TO 3/23/99 MEETING: PUD 82-16(1)- change the zoning classification from .PUD to PUD for the purposes of complying with sunsetting provisions of the Land Development Code for property generally located at the eastern terminus of Wiggins Pass Road. (Petitioner's requesO. CONTINUE ITEM 12(B)(4) TO 3/9/99 MEETING: Petition PUD 98-17- rezone from "A "Rural Agriculture to PUD to be known as Wittenberg Estates PUD - north side of Davis Blvd. (Advertising error). CONTINUE ITEM 17(B) TO 3/23/99 MEETING- PUD 98-13 - REZONE FROM "A" Rural Agriculture to PUD to be known as Collier Tract 21, formerly Beachway PUD for a golf course and accessory and incidental facilities - Vanderbilt Drive. (Petitioner's requesO. STAFF DISCUSSIONS: 1. Discussion re: proposed dates for Solid Waste Workshop -March 16tn - 9:00 a.m. or April 20t~, 7:00 p.m. February 23, 1999 Item MINUTES OF JANUARY 26, 1999 REGULAR MEETING, JANUARY 27, 1999 SPECIAL MEETING, FEBRUARY 1, AND FEBRUARY 2, 1999 WORKSHOPS - APPROVED AS PRESENTED And I've been asked to announce, apparently people aren't understanding that at this moment if you have an item that you're here for today that was on the summary agenda, which is anything under 17, or was on the -- anything under 16, which is the consent agenda, it has been approved. So last week we had a couple of people who sat here all day only to find out that summary agenda doesn't have to be heard. So 16 and 17 items have been approved and we're done with those. Got a motion on the minutes? COMMISSIONER BERRY: I'd like to approve the minutes of January 26th regular meeting, January 27th special meeting and February 1st workshop, and February 2nd workshop. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Ail in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes 5-0. Item #5A1 PROCLAMATION PROCLAIMING THE YEAR OF 1999 AS THE GEORGE WASHINGTON BICENTENNIAL YEAR IN COLLIER COUNTY - ADOPTED Our first proclamation is Commissioner Norris. COMMISSIONER NORRIS: Thank you, Madam Chairman. A timely proclamation here. Ms. Barsh, would you come forward, please? You're going to accept this, aren't you? If you could come right over here, we're going to put you on camera. Just face right there to the camera. MR. BARTOE: Is this okay? COMMISSIONER NORRIS: Yes, this is great. It's just perfect. The proclamation reads: WHEREAS, the year 1999 marks the 200th anniversary of the death of America's founding father, George Washington; and WHEREAS, George Washington was the indispensable figure in the creation of the United States of America, and served our nation as its first Commander in Chief and President with unparalleled distinction; and WHEREAS, Americans from sea to shining sea will pause on the brink of a new century to reflect on George Washington's contributions to self-government; and WHEREAS, George Washington, in the first presidential inaugural address, challenged all Americans with the task of preserving for all ages the sacred fire of liberty. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that 1999 be designated as the George Washington Bicentennial Year in Collier County, to Page 4 February 23, 1999 celebrate the life and legacies of George Washington; first in war, first in piece, and first in the hearts of his countrymen. Done and ordered this 23rd day of February, 1999 by the Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. And Madam Chairwoman, I would like to move that we accept this proclamation. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: All in favor, please say aye? Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes 5-0. And we'd love to have you say something. MS. BARSH: Madam Chairman, honorable commissioners, on behalf of the George Washington Bicentennial Commemorative Committee of Collier County, Florida, I am honored to receive this proclamation today, with my committee colleagues who are present and who have worked to bring this proclamation about. And they are the Honorable Timothy Constantine, Charles Morgan Abbot, who is a colonial reenactor and a descendent of Martha Custus Washington. Dr. Philip Ballou of the Sons of the American Revolution; Gilbert Erlichman of the Platinum Coast and retired officers; Francis Erlichman of the Citizens Postal Council; Lee Fisher of the Southwest Florida Federation of Republican Women; and Richard Sherman, Collier County Chapter, American Prisoners of War. I want to thank them for being present today. (Applause.) MS. BARSH: By designating 1999 as the George Washington Bicentennial Commemorative Year in Collier County, this county joins communities across the nation which are launching a year-long salute to the father of our country in cooperation with Mount Vernon. February 23rd has traditionally been celebrated as George Washington's birthday. And following the tradition of birthday gifts, we, the George Washington Bicentennial Commemorative Committee, present to Collier County the -- present Collier County with the George Washington Commander in Chief flag. And I would invite Charlie Abbott and Dr. Ballou to come up. CHAIRWOMAN MAC'KIE: How wonderful. MR. ABBOTT: This was his personal standard as Commander in Chief. DR. BALLOU: This flag is an official reproduction of General George Washington's personal standard of the Revolutionary War, 1775 to 1783. The flag symbolized the presence and authority of the Commander in Chief as he led the Continental Army in its struggle to win independence and liberty and to create the new American nation. As part of the Bicentennial of George Washington in 1999, a replica of George Washington's Commander in Chief's flag was carried aboard the space shuttle Discovery that returned Senator John Glenn on October 29th to space, symbolizing the worldwide spread of liberty in the two centuries since George Washington's time. The replica of that journey aboard the Discovery is on display at George Washington's Mount Vernon throughout the George Washington Bicentennial February 15th through December 31st, 1999. Page 5 February 23, 1999 This flag, which we present to Collier County today, was flown at Mount Vernon on January 9th, 1999. We invite the county to join Mount Vernon and other communities across the country to fly this flag over the Collier County government buildings throughout this Bicentennial year, until December 31st, 1999. In closing -- there is a certificate that accompanies the flag. In closing, I'd like to quote presidential writer Jennifer Grossman. The power of memory is central, not just to the life of a person but to the life of a people. At this time in our history, it behooves us, the beneficiaries of George Washington's character, his lifetime legacy and his patrimony, to salute, honor and remember the first President of the United States. The resolution passed in Congress upon George Washington's death ends in the words of Colonel Henry Lee, one of Washington's Revolutionary War calvary officers; and I quote, to the memory of the Man -- and that's capitalized in the resolution -- first in war, first in peace, first in the hearts of his countrymen. And we thank you very much for presenting us with the proclamation, and we are delighted to present the county with the Commander in Chief's standard. Thank you. (Applause.) CHAIRWOMAN MAC'KIE: On behalf of the board, we sincerely thank you for this wonderful tribute to our country's father. And I personally will tell you, I haven't had that many chill bones since church. What a patriotic and wonderful, wonderful presentation, and very touching. Thank you. COMMISSIONER CARTER: I think it might be fitting, Commissioner, if you wore the hat. CHAIRWOMAN MAC'KIE: I'd could wear -- I look good in the hat. But we'll go on, Commissioner Carter, and let you do the next proclamation. Page 6 PMOC, LAIAA T£ON WHEREAS, the year 1999 macks the 200~h anniversary of the death of America's Found/n9 Father, George ~Vashingto~' and, WHEREAS, Geo~2e H/ashington wes the ind/spenmble figure/n the creation of the L/n/ted States of America. and served our nat/on as its first Commander in Chief and Pre./dent w/th unparalleled distinction; and, WHEREAS, Americans from sea to shining sea will pause on the brink of o new century to reflect on George H/ash/ngton'~ contributions to se/f- 9overnment.' and. WHEREAS, George Washington. in the first presidential inaugural address. challenged ali American~ with the ta~k of preserving - for all ages - "the sacred f/re " NOW ~4E~E~O~, fly Commissioners of YEAR .ton: First in DONE AND O ~ZG/-~.~'E. aaOCK, C-(mK- ACKIE, February 23, 1999 Item #5A2 PROCLAMATION PROCLAIMING THE WEEK OF FEBRUARY 28 - MARCH 6, 1999 AS EMERGENCY PLANNING AND COMI~IFNITY RIGHT-TO-KNOW ACT AWARENESS WEEK IN SOUTHWEST FLORIDA (EPCRA) WEEK - ADOPTED COMMISSIONER CARTER: Yes. Mr. Ken Pineau, our community emergency director -- manager, is here to accept this proclamation. WHEREAS, the safe use of hazardous material is essential to business, industry and local governments to maintain economic stability and to protect the citizens of the Ninth Planning District of Florida; and WHEREAS, it is essential to plan and prepare for the accidental release of hazardous materials and to protect the well-being of all citizens and visitors in the District; and WHEREAS, response teams, such as fire, police and emergency medical services must know the types of hazardous materials and the chemicals that are being used and stored in the event of an incident to respond safely; and WHEREAS, all citizens have a right to know the types, location and quantity of certain hazardous materials and chemicals in their communities, and a right to know the proper procedures to take in case of an accident or emergency. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of February 28th to March 6th, 1999 be designated as Emergency Planning and Community Right-to-Know Act Awareness Week in Southwest Florida, EPCRA Week. Done and ordered this 23rd day of February, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. I move that we accept the proclamation and have Mr. Pineau accept our -- COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? CHAIRWOMAN MAC'KIE: (Applause.) Second. Ail in favor, please say aye. Passes unanimously. Page 7 1999, PRO~LAA4A TION the safe use of hazardous material is essential to business, industry and local governments to maintain economic stability, and to protect the citizens of the Ninth Planning District of Florida; and, it is essential to plan and prepare for the acc/dental re/ease of hazardous materials and to protect the we//being of all c/tizen~ and v/s/tars/n the D/strict; and, H/HEREA$, response teams, such as fire, po/ice and emergency medical services mast know the types of hazardous mater/als and chemicals that are being used and stored/n the event of an/nc/dent to respond safe/y; and, I~VHEREA$, afl dtizens have a Right-to-Know the types, location, and quantify of certain hazardous mater/als and chemicals/n their common/ties, and o to take in case of an of -/~arch 6, A~r DONE AND CObbIssIOoEbs FLORIDA February 23, 1999 Item #5A3 PROCLAMATION PROCLAIMING THE WEEK OF MARCH 8 - 12, 1999 AS NATIONAL SCHOOL COUNSELING WEEK IN COLLIER COUNTY - ADOPTED CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: something. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Commissioner Berry, a school proclamation. Yes, thank you. Oh, I'm so sorry. Ken wanted to say Please. Please, forgive me, I forget that part. MR. PINEAU: Well, on behalf of all of the people from the private and the public sector who deal with hazardous substances on a daily basis, we appreciate the proclamation. The fact that we haven't had a significant event that involved extremely hazardous substances for the past several years is a testimony to their diligence. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you, sir. And now Commissioner Berry. COMMISSIONER BERRY: Okay. Is Ms. Kathy Thomson present? Please, if she would come forward? Good morning. Just turn around and face the camera so they can see you at home. The proclamation reads: WHEREAS, we acknowledge the potential and importance of every student in Collier County, Florida; and WHEREAS, we believe that every student in Collier County has the right to learn and the obligation to become a productive citizen; and WHEREAS, we recognize the vital role of school counselors in providing students with the educational social skills necessary to succeed in the classroom and throughout a lifetime of learning; and WHEREAS, these accomplished and dedicated professionals seek to nurture the individual gifts of every student by their tireless and persevering efforts each day in the schools of Collier County; and WHEREAS, the Sylvan Learning Centers have provided the leadership to celebrate National School Counseling Week on behalf of the parents and citizens of Collier County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 8th through the 12th, 1999 be designated as National School Counseling Week in Collier County. Done and ordered this 23rd day of February, 1999, Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. Madam Chairman, I'd like to move approval of this proclamation. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: (Applause.) Second. All in favor, please say aye. Motion passes unanimously. MS. THOMSON: On behalf of Sylvan, I'd just like to thank you for helping us recognize our school counselors and their role in promoting the school community family relationships. Thank you. Page 8 February 23, 1999 CHAIRWOMAN MAC'KIE: Thank you. Page 9 PROCLA~fA T_TON F£B ~ ~ !99~ WHEREAS, we acknowledge the potent/o/and importance of every student/n Collier County, Flor/do; and, WHEREAS, we believe that every student/n Collier County has the riyht to learn and the obligation to become o productive alt/zen; and we recognize the v/to/role of school counselors/n prov/d/m3 students with the educational social ski/Is necessary to succeed in the classroom and throughout a lifetime of learn/m3; and, these accomplished and dedicated professionals seek to nurture the /nd/v/duo/gifts of~ their tire/ess and persever/m3 County: and, WHEREAS, the leadership to the parents NOW DONE AND ' of 1999 be COUNTY MELA $. MAC'K]~E, CHAT. RWOMA February 23, 1999 Item #5A4 PROCLAMATION PROCLAIMING THE VOLUNTEERS OF THE VETERANS TRANSPORTATION SERVICE - ADOPTED Commissioner Constantine. COMMISSIONER CONSTANTINE: Scotty. CHAIRWOMAN MAC'KIE: One of our favorites. COMMISSIONER CONSTANTINE: If Ron Scott will come on up and make himself available for the cameras as we read the following proclamation: WHEREAS, Collier County is the second largest county in area east of the Mississippi River; and WHEREAS, there is no Veterans Administration health care facility located in Collier County; and WHEREAS, the Collier County Veterans Transportation Service provides free transportation for veterans to VA health care facilities throughout Southwest Florida; and WHEREAS, the volunteer drivers in this program transported 805 veterans to VA medical appointments, donated 2,369 hours, made 340 trips and drove 69,829 miles in the last fiscal year -- a little more than you were driving last year. WHEREAS, without the volunteer drivers and office staff, this program could not provide the important and necessary service of transporting veterans to their medical appointments. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that on behalf of the citizens of Collier County, great appreciation and gratitude is bestowed upon the volunteers of the Veterans Transportation Service for giving up their personal time and for the efforts they've made on behalf of the veterans of Collier County. Done and ordered this 23rd day of February, 1999, BCC, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chairwoman, I'd like to ask we approve this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) COMMISSIONER CONSTANTINE: I've got to tell you, Ron was in on this, but very brief story. 1994 we were doing this, kind of, but we had a van that had about 600,000 miles. It had like 150, 160,000 miles on it, and it was dying. And Ford Motor Company actually came forward and provided what was in 1994 a 1998 engine prototype. A brand new van. We have since put well over 100,000 miles on that, as you can see by the miles they do every year, and they've donated yet another van. So great credit not only to our volunteers but Ford for helping make this thing a reality. (Applause.) COMMISSIONER CONSTANTINE: And Madam Chairman, we have four of the folks who actually volunteer who we have some certificates for as well. We have Walter Andresen. CHAIRWOMAN MAC'KIE: Please come forward, let us thank you. Page 10 February 23, 1999 (Applause.) CHAIRWOM3~N MAC'KIE: (Applause.) COMMISSIONER CONSTANTINE: (Applause.) COMMISSIONER CONSTANTINE: (Applause.) We have Richard Hartley. Julius Futo. And the legend, Kay Flynn. COMMISSIONER CONSTANTINE: Madam Chair, one other driver who logs a lot of hours who couldn't be with us today, Andy Corvelle. CHAIRWOMAN MAC'KIE: Sincere thank you to all of you. And if you have something? Nothing? We thank you so much. It's appropriate for you to be here on our commemoration of George Washington, because you keep that spirit alive, and we appreciate it. (Applause.) Page 11 PROC, LA,IfA T£ON 199~ ~YHEREA$, H/HEREA$, Call/er County is the second iargeat county in area east of the A4ississippi River; and, there/s no Veterans Administration Health Care facility located/n Collier County; and, the Collier County Veterans Transportation Service provide~ free transportation for veterans to Veterans Administration Health Care fac///t/e~ throughout southwest ?/or/dcc and, the volunteer drivers/n this program transported 805 veterans to VA/ged/ca/appointments, donated 2,$69 hours, made 340 trips and drove 69,829 m/les in the last fiscal)lear; and, without the not staff, this program could of transporting DONE AND of of of Cailler the up on behalf O OCK, P, tELA 5. MACK];E, February 23, 1999 Item #5A5 PROCLAMATION RECOGNIZING MR. ROY MCTARNAGHAN, PRESIDENT, FLORIDA GULF COAST UNIVERSITY - ADOPTED CHAIRWOMAN MAC'KIE: The next item is a proclamation that I'm going to read into the record and ask if my fellow board members will adopt it so that I can read it tomorrow night at a retirement dinner honoring Roy McTarnaghan. The proclamation reads: WHEREAS, higher education opportunities are vital to the successful futures of many citizens of Collier County and Southwest Florida; and WHEREAS, many people have contributed energies, talents and resources to bring higher education opportunities to our area; and WHEREAS, one individual has made extraordinary and lasting contributions to this effort, worthy of particular recognition; and WHEREAS, this individual visualized the unique qualities that would comprise the mission of Florida Gulf Coast University; and WHEREAS, this individual guided and oversaw the complex and extensive permitting and construction process for FGCU; and WHEREAS, this individual brought together an outstanding administrative staff and faculty to develop innovative, comprehensive curricula at FGCU; and WHEREAS, this individual personally led FGCU faculty efforts to take a service-oriented approach to students by teaching Saturday afternoon class and refusing to accept ordinary perks, such as specialty reserved parking spaces; and WHEREAS, this individual has pioneered distance learning techniques that have propelled FGCU to prominence in this developing method of bringing education to people; and WHEREAS, this individual defied legal and budget challenges to open FGCU ahead of schedule; and WHEREAS, President Roy McTarnaghan has announced that he will retire as the founding president of FGCU in May of 1999. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, for the inspired and dedicated leadership of Roy McTarnaghan as the founding president of Florida Gulf Coast University is acknowledged and appreciated for the profound effect his legacy will have for the future of our community. Done and ordered this 23rd day of February, Board of County Commissioners, Pamela Mac'Kie, Chairwoman. I'd be honored to move acceptance of this proclamation. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. And I will be present tomorrow night to read this; and likewise, have proclamations from other counties in the area and other governmental agencies, and hopefully we can honor him appropriately. If I could, just at the end of the proclamations here, make a mention of the passing of a Collier County servant, Mr. Ed Ott, who had served on our productivity committee and otherwise served Collier Page 12 February 23, 1999 County in lots of really wonderful ways, sharing his talents with us. We understand that he's passed away, and I just wanted to make mention of that and to give our best regards to his family and let them know that they're in our prayers. Page 13 Fbrido f~ i ~rc. cb't~l f~ ~ l~'~f~ncl effect hb ~ will ~ f~ tt~ futm~ ~f ~ P~EI~ $. MACI(~'E, CHA~I:~,WOMAN February 23, 1999 Item #5B1 EMPLOYEE SERVICE AWARDS - PRESENTED And if we could have Mr. Val Prince come forward. He is being recognized today for 25 years of service to Collier County. (Applause.) CHAIRWOMAN MAC'KIE: 25, wow. I have to say that on the record. Commissioner Constantine was at St. Mary's Elementary when you started here. COMMISSIONER CARTER: There he goes again. COMMISSIONER BERRY: We won't take that one any further. CHAIRWOMAN MAC'KIE: I'm not going to tell where I was. Item #10H RESOLUTION 99-148 REGARDING PGA SETTLEMENT - ADOPTED The next item, with the board's indulgence, is item 10(H), to be taken out of order. It's the settlement with the PGA. And I'd ask the Clerk of Courts, Dwight Brock, to come forward and present this to us. You have a resolution, board members and staff members, in place that we've drafted, and the settlement agreement that I have signed. As you can see, though, I've been very careful to say that my signature is contingent on your approval. But they did want a signature that day. But if we could have a presentation from the clerk so you guys can make a decision on this settlement. MR. BROCK: Madam Chairman, members of the board, Thursday of last week the Chairwoman, Pam Mac'Kie, and my staff and my attorneys went to Fort Lauderdale. We mediated with the PGA, and out of that mediation arose a settlement, which I present to you this morning. The settlement was that on the 27th of this month the PGA would provide to us cleared funds in the amount of $196,000.. CHAIRWOMAN MAC'KIE: Would the board -- does the board have questions? Yeah, I assume that -- I know Commissioner Berry -- COMMISSIONER BERRY: I just have a question. CHAIRWOMAN MAC'KIE: Please. COMMISSIONER BERRY: Are we -- we're certain that this is the amount of money that is due Collier County? That's my only concern. MR. BROCK: Yes, ma'am, we feel very comfortable with that. COMMISSIONER BERRY: Okay. What would be any expenses relating to this settlement agreement, in terms of what has the county spent to get this money back? MR. BROCK: The Clerk of the Circuit Court has spent attorneys fees to obtain settlement, to investigate it, my staff time to go through the process. But other than that, none. COMMISSIONER BERRY: Okay. So any reading or anything that was said in terms of in this particular settlement agreement talks about negotiations. There was no sum of money negotiated, this is the full amount of money that is due Collier County? We can be assured of that? MR. BROCK: It is certainly my position, or I would not have agreed to the settlement that -- Page 14 February 23, 1999 CHAIRWOMAN MAC'KIE: And Commissioner, if you'd like -- MR. BROCK: -- members of Collier County, citizens of Collier County have once again been made whole. COMMISSIONER BERRY: Well, that's -- CHAIRWOMAN MAC'KIE: Yeah, I don't have -- do you, Dwight, have any objection to making that presentation to the board today so they'll understand where this 196 came from? MR. BROCK: I'll be more than happy to tell you where the 196 came from. The 196 came from a discrepancy in a bill in the 1997 tournament in the amount of $68,000. It was an altered bill that we received both copies. And the difference between a payment from the PGA to Amer-Communications of 372 and $500,000 for the 128. So that's where the figures came from. COMMISSIONER BERRY: Okay. So my point is that later on, six months down the road, a year down the road, somebody doesn't start digging further and decide that we should have had more money coming to us than what this amount indicates. MR. BROCK: Well, the settlement agreement is between the PGA and Collier County. What action gets taken with regard to anyone else in this particular instance has not been decided at that point in time. But as it relates to the PGA, this is a conclusion of the issues. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: I just want to go on record complimenting Dwight, first of all, who saw the red flag very early on in this process and has stuck to his guns on that, and our Chair, who has had some concerns with this from very early on in the process. And as we've gone through and Dwight has put the pieces of the puzzle together, the picture has become clearer and clearer. But when all those pieces were scattered around, you saw that, and you very clearly defined that $196,000. And so I think you deserve a great deal of credit for making all this happen. MR. BROCK: Well, I appreciate that, Commissioner. (Applause.) MR. BROCK: A lot of other people have been involved in this, not the least of which is your Chairwoman. But we all appreciate that. My staff has worked very hard and very diligently in trying to accomplish this, and so has our counsel. Thank you very much. COMMISSIONER CARTER: Madam Chair, I would concur with Commissioner Constantine. I think the due diligence on the part of the Clerk and your efforts have brought us to a very successful conclusion in this matter. And I'm very comfortable with what you did and how you did it and how you involved the commissioners in this process. And I want to publicly thank you for that effort, Dwight. MR. BROCK: Thank you, Commissioner. COMMISSIONER NORRIS: And I'll make a motion that we accept this settlement. COMMISSIONER CONSTANTINE: I'll second that. CHAIRWOMAN MAC'KIE: Is there any discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: The motion passes unanimously. COMMISSIONER CONSTANTINE: Madam Chairman, before we go too much further, I think we might lose one of these, and as we look around Page 15 February 23, 1999 this crowded room, I wanted to point out it is alumni day here at the commission. We have former commissioner, current Senator Saunders just getting up. We have Commissioner Volpe in the back of the room. And way in the back of the room we have Commissioner Hancock. So thanks for all coming back. Can't stay away. CHAIRWOMAN MAC'KIE: Mr. Weigel? MR. WEIGEL: Thank you. For the record, was the motion just approved by the board to approve the settlement agreement? If the record reflects that that is an approval of the resolution, the resolution that's before you -- CHAIRWOMAN MAC'KIE: Yes, which I'm signing at this moment. COMMISSIONER NORRIS: That was the intent of my motion. MR. WEIGEL: Make sure the record reflected that for you all. CHAIRWOMAN MAC'KIE: Go get the money. Page 16 RESOLUTION 99- 148 FEB 2 3 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ACCEPTING, APPROVING, RATIFYING AND CONFIRMING THAT CERTAIN SETTLEMENT AGREEMENT DATED AS OF FEBRUARY 18, 1999 BETWEEN COLLIER COUNTY, THE PGA TOUR, INC., AND THE CLERK OF COURTS OF COLLIER COUNTY, FLORIDA; AUTHORIZING, RATIFYING AND APPROVING THE EXECUTION AND SIGNING OF SAID SETTLEMENT AGREEMENT BY THE CHAIRWOMAN OF THE BOARD OF COUNTY COMMISSIONERS. WHEREAS, the Board of County Commissioners previously authorized its Chairwoman, Pamela S. Mac'Kie to enter into settlement negotiations with the PGA Tour, Inc. alongside the Clerk of Courts of Collier County, Florida for the recovery of Collier County tourist tax dollars utilized to fund portions of the 1996 and 1997 Senior PGA Tournaments in Collier County, Florida; and WHEREAS, a mediation session was held on February 18, 1999, and a product of said mediation session was an executed Settlement Agreement, a true and correct copy of which ii attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Board of County Commissioners of Collier County, Florida desires to adopt a resolution accepting, approving, ratifying and confirming said Settlement Agreement and authorizing, ratifying and approving the Chairwoman's signature being affixed to said Settlement Agreement and binding the Board of County Commissioners thereunder. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 1. The Board of County Commissioners of Collier County, Florida hereby accepts, approves, ratifies and confirms that certain Settlement Agreement dated as of February 18, 1999 entered into by and between Collier County, the PGA Tour, Inc., and Dwight E. Brock as Clerk of the Courts of Collier County, Florida, a true and correct copy of which is attached hereto and made a part hereof as Exhibit "A". 2. The Chairwoman of the Board of County Commissioners is authorized to execute said Settlement Agreement and execution of said Settlement Agreement by the Chairwoman of the Board of County Commissioners is hereby ratified, confirmed and approved. 3. The Board of County Commissioners of Collier County, Florida hereby approves of said Settlement Agreement in its entirety. 4. This Resolution is adopted this ~,~ day of February, 1999 after motion, second and majority vote favoring same. .~ ,.-F ....... .-.., .:,.' ,';. ' :.', ',~, ..... ',1~"-; , .x,., -- . .... Approved. g~;to,fom ~d. legal sufficiency: ~ Coumy A~ome'~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, % ClerkXPGALResolu - 1 - FEB 2 3 1999 SETTLEMENT AGREEMENT This Settlement Agreement (hereinafter referred to as "Settlement") is entered into as of this 18th day of February, 1999 by and between the following parties contingent upon acceptance by the Board of County Commissioners of Collier County, Florida with direction to the Chairman of the Board of County Commissioners to execute this Settleme._....en_~hereupon the date of the Resolution shall be the Effective Date: uWHEREAS, the Clerk of Courts Collier County, Florida, Dwight E. Brock, stodian and auditor of Collier County funds (hereinafter the "Clerk"), the Board of County Commissioners, Collier County, Florida (hereinafter, the "County") and the PGA Tour, Inc. (hereinafter, Tour) have entered into negotiations to resolve any and all disputes between the three parties arising from the County's expenditure of Tourist Tax Funds for the 1996 and 1997 Senior PGA Tournaments held in Collier County, Florida; and, WHEREAS, the Clerk, County and Tour are currently engaged in a dispute concerning the use of County Tourist Tax Funds for the aforementioned tournaments, such dispute hereinafter referred to as the "Dispute'_', and ~- WHEREAS, all of the~a~th in an attempt to obtain a resolution of the L;.figaficn~in a fashion that would recognize the rights of the various parties and obtain a resolution of the disputes concerning the aforementioned expenditure of County Tourist Tax Funds for the aforementioned Senior PGA Tour Tournaments; and WHEREAS, during the course of such negotiations the parties have come to a better understanding of the concerns, needs and positions of one another; and WHEREAS, the parties have resolved the outstanding issues outlined in the Dispute and have entered into this Settlement to memorialize the agreements entered into among the parties. NOW, THEREFORE, for and in consideration of the premises, the obligations, terms, conditions and covenants contained herein, the parties hereby agree as follows: Tour shall remit and pay to the County the sum of $196,000 (the "Settlement Sum") in cleared funds on or before February 27, 1999. County and Tour agree that upon payment in full of the Settlement Sum, each of them, for themselves and their respective heirs, successors and assigns, remise, release and forever discharge each other fi.om and against any and all claims and demands which they have or may have based upon any facts or circumstances that arose or existed on or prior to the date hereof. FEB 2 3 1999 o Each party shall bear its own legal fees and costs. This Settlement is binding upon the heirs, successors and personal representatives, assigns, and grantees of the parties hereto. This Settlement will be considered at the February 23, 1999 Board of County Commissioners meeting and will only become fully effective and enforceable upon the Effective Date which is the date of the adoption of the Resolution of the Board of County Commissioners authorizing the Chairperson to sign this Settlement and ratifying and approving execution of this/~~ by the Chairperson. - ~ ~ he Parties hereto ackfiowledge each to the other that they have the authority'to-'~ execute this A-g~,eom.~q~ 5e'lt }¢,~e~ C~..~~~ The Agreement Of Parties executed in anticipation of mediation shall remain in full force and effect. Dwight E. Brock, Clerk of the Circuit Court Collier County, Florida Bo~d of Co~ty ~O~lSS~oners /~Colhet Co~ty, ~onda '~ v P~ela S. M~'~e. Chai~om~ /~ .... ~1 ~ . . · ~s s~ature does not b~nd the ~ or ~oard ofCoun~ Co~ss~onem unless, until ~d when the A~ement is approved by the Board of County Commissionen, as outlined, and after such approval, her si~amm is only in her representative capaci~ as Chai~o~n of the Board. PGA Tour, Inc. By: Executive Vice President February 23, 1999 Item #8A1 A REPORT TO THE BOARD REGARDING ISSUES OF INVASIVE EXOTIC PLANTS IN COLLIER COUNTY - APPROVED Okay, moving on now, item 8(A) (1), a report to the board regarding issues of invasive exotic plants in Collier County. MR. CAUTERO: Good morning, Madam Chairwoman, Vince Cautero for the record. Commissioners, we'll be very brief. We have a long agenda today, as you know. The purpose of our presentation today is to present the board with a comprehensive report on the issues regarding invasive exotic plants in Collier County. This was directed by the board on January 12th of 1999. There is an extensive report in or your packet which we believe will outline the issues very clearly for you. And in a moment I'll ask Bill Lorenz to briefly explain to you some of the highlights of that report and not go over the report in detail. The reason for the board direction stemmed from two issues: One, a complaint from a citizen stating in his opinion that the county does not follow its own regulations in the land development code and free-standing ordinances related to exotic removal; and secondly, the reasons for the regulations, which was part of the motion, I will tell you -- and Bob Mulhere, our planning services director is here to answer questions, as well as Michelle Arnold, our code enforcement director -- that the county does indeed follow its own regulations and the regulations state that exotics are removed at the time of development or new phases of development. We will be able to answer questions and talk more about how this is accomplished and what the board has budgeted for removal of exotics on county property and for the removal of them on an ongoing basis; in other words, maintenance program, which is where some of our issues lie. As I said, staff is here to answer any questions, and I'll ask Mr. Lorenz, our natural resources director, to come up and present you with a brief overview of the report, three to five minutes. CHAIRWOMAN MAC'KIE: Thank you. MR. LORENZ: Thank you. For the record, Bill Lorenz, natural resources director. As Vince had noted, that I'd like to correct the impression, number one, that the county does not follow its own rules; and secondly, that we're not removing exotics from county properties. That's not true. The county's staff -- the county's position is that new projects that come into the county for permitting, the county staff will require that exotics be removed from those projects. I've detailed several projects that have happened just recently: The south county effluent ponds, Golden Gate Community Park and water treatment plant, where office of Engineering capital projects have gone through the process of permitting and removing exotics as part of the permitting process. Secondly, I think the board should somewhat be commended for its budgetary policy in the past four to five years for exotics removal. Page 17 February 23, 1999 Many times there's a mis-impression that we don't do anything in terms of budgeting for exotics removal. That's not true. Of course, the task is large, but in the past four -- within the past four years, we've been able to budget $702,000 for exotics removal. That does not include Stormwater Management Department's additional $200,000 that they hope to get done this year, but perhaps it will go into next fiscal year, which would then mean that in five years we will have budgeted 900 and some thousand dollars for exotics removal on county properties. CHAIRWOMAN MAC'KIE: What's that total number again, I'm sorry? MR. LORENZ: It would be, at the end of this fiscal year, assuming the Australian pine removal program is completed, it would be $902,000. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: If I may add just a brief question. Mr. Lorenz, is that -- does that amount represent removal activities on the part of the county that go beyond the basic requirements of our ordinance? MR. LORENZ: It goes beyond for the basic requirements for our ordinances for new projects that we must remove the exotics. The continuing -- let's say in the Stormwater Management Department with its Brazilian pepper removal program for the past six or seven years to remove Brazilian peppers from the ditch-backs, that has been ongoing. They recognize that the Australian pines are another problems, and the board has granted budgetary authority for this year and coming years to remove Australian pines. In fact, the board, the Collier County Commission has for the past 20 years recognized that invasive exotics are a problem to county residents for a variety of reasons and have a number of regulations in the Land Development Code that have addressed that. Specifically, the problems -- of course, we all understand the ecological problems of invasive exotics getting into our natural areas, but also, there's certain exotic plants such as melaleuca and Australian pine that actually pose a safety problem to the residents. Melaleuca, especially in north Golden Gate Estates where it could, if allowed to grow up into very dense stands, becomes a fire hazard. It has a volatile oil that burns much faster than other types of trees and causes a distinct fire safety hazard. Australian pine, emergency management officials are extremely concerned again with Australian pine, that they topple during hurricanes. When Andrew came through, there are a number of places in Collier County that had severe damage because of Australian pines. And again, that's why Storm Management Department is ongoing a proactive program to remove the Australian pines from the stormwater drainage canals and right-of-ways. Also, staff, recognizing the problem of invasive exotics back in September, began organizing for an exotics control week, of which we expect to come to the board on March 9th with a proclamation to highlight the problems of invasive exotics in the county, and also the fact that the county is having a number of projects that are -- that have been budgeted for and will be ongoing during that week. Just again, just very briefly to summarize, the county does follow its rules for its projects. It brings those projects to the Page 18 February 23, 1999 county for permitting. Within five years we'll have spent 900 and some thousand dollars for exotics removal. We have 20 years of a very strong exotics program in the county. Staff would recommend that we do not decrease the -- or lessen the regulations for invasive exotics, but we do have two recommendations: One, in terms of the county property, we would see that it would probably be a good idea for budgeting purposes and get the departments on a good annual footing to create a basic exotics plan for each of the county departments' properties so we can ensure that those funds are budgeted properly for control and maintenance, because it is an ongoing problem. It's just not something that you can do right away or right now and then be done with it. So that's one of the recommendations in the staff report. The second recommendation is that an informational packet be delivered to the homeowners, especially at the time of permitting, for homeowners to understand the need for exotics removal, their requirements, and also, provide information, advice, as to how best to go. about it and provide some alternatives and options. With that, I'll be glad to answer any questions. And again, as Vince noted, permitting and code enforcement staff are here, available as well. CHAIRWOMAN MAC'KIE: Board members, questions? COMMISSIONER CARTER: I see we have a very extensive list of exotics. If we were to rank order or to look in primary focus on exotics, is it Australian pines, Brazilian pepper and perhaps a couple of others that we really need to focus on that cause the most damage? MR. LORENZ: We kind of call the big four melaleuca, Australian pine, Brazilian pepper. Downy Rosemyrtle is not something that we see too often, but it invades a lot of the upland pinelands that we have, and that is a problem exotic. Melaleuca and -- melaleuca and Australian pine, of course, for the safety reasons I noted earlier. Several other exotics we're starting to see more and more get into some of our native -- naturalized areas. Earleaf Acacia, having a problem; Air Potato, we start seeing that in a lot of the natural areas as well. COMMISSIONER CARTER: I just think that anything we put together for the homeowner, we've got to give them pictures and not scientific names, because the first four I identify with, the other stuff I'm not really sure. And I think that we don't want to confuse the public, we want to help them be able to get these exotics out of the property before they go ahead and build so we don't have the situation we had a few weeks ago where the gentleman comes back and feels overwhelmed by this situation. COMMISSIONER CONSTANTINE: And just a step further, I mean, we went through the comedy act a couple of years ago with the carrotwood. And I hope we don't spend a great deal of time trying to identify other things. Because those big four that you mentioned are very obviously a problem. But if we have to struggle to go out and find out whether something is a problem or not, it's probably not. And I know at the board's request we have slowed down the attempt to add things to that list, which I appreciate. I hope we don't add more to that list. And there are things on there like the Java Plum Page 19 February 23, 1999 that I just don't see popping up all over the county as a huge problem. I don't know if there's a way, and perhaps we don't want to anyway, but either it is exotic or it isn't. But I guess perhaps there is a way to tier that so that the top four get a little more attention or not than the others. It just seems some of those are more obscure and less of a problem and probably don't warrant the same level of attention. One specific question; that is the gentleman a couple of weeks ago or a month ago had mentioned at one of our park facilities that there was a problem. Is that just growth that has come back since we cleared it, or did we ignore that? You said the county is following its own ordinances and we're all going to hear that, but he had mentioned that one specific instance. Do we have any idea what happened out there? MR. LORENZ: I'm not aware. COMMISSIONER CONSTANTINE: Max Masse Park. MR. LORENZ: I know that Parks and Recreation is -- back in, let's say, January 27th, that bid proposal went out. They were bidding out exotics removal in all of their parks. I know they're going to be concentrating on the Vineyards, because quite frankly, the Vineyards has perhaps I think maybe more exotics than the Max Hasse Park. But they are spending $180,000 this year for exotics removal. So again, it's something that the problem is bigger than $180,000. And that's why one of the recommendations in the report is that we continue to sustain our funding for these programs, and over time we will make very good progress. But it will have to occur over time. CHAIRWOMAN MAC'KIE: Any other questions? Is this an item that requires any action of the board? I don't think so, it's just a report. COMMISSIONER CARTER: Well, under recommendations there were four. And if you're looking for direction, I would so move that we accept those recommendations and move forward. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. Oh, we have speakers on this subject, thank you. MR. FERNANDEZ: First two speakers are Nancy Payton and Charles Ray. COMMISSIONER CONSTANTINE: How many speakers do we have on this item? MR. FERNANDEZ: You have five. MS. PAYTON: Nancy Payton, representing the Florida Wildlife Federation, and one of the three authors of the EPTAB report, which was included in your packet. I just wanted to come forward and support the staff's recommendations and urge that you adopt those recommendations. I had other comments, but I will reserve those and move this meeting along. I just urge you to support staff. Thank you. MR. FERNANDEZ: Charles Ray, and then Maureen McCarthy. MR. RAY: Madam Chairman and commissioners, I prepared a spiel here today to support Mr. Lorenz, but it seems like it may be redundant, so I'll shorten mine substantially. Page 20 February 23, 1999 I did want to say that I think using exotics for these plants almost is a misnomer because they're not exotic. Exotic implies to me beautiful, sensuous, that sort of thing. These things should be called invaders or robbers, I think, because they're robbing us of beauty in the developed part of the county and are robbing the environment out in the other parts of the county of its habitat. And that habitat supports a lot of endangered wildlife and a lot of tweety birds and things that really have come to be part of our lives. So I thank you. I did prepare one thing here I wanted to give you as an example of what these plants can do to a property. This is a beautiful pond, or it was about 20 years ago when I first came here. And you can see now that it's covered with scum and slime that you can't tell what it is. I'll pass these to the board, if I may. What caused that is this stand of melaleuca growing around it. There -- you can see, they collapsed into the pond, as here at the left, and they've caused all kinds of eutrophication, and it continues. They grow so thickly that nothing can get through there. And I'd hate to think what it would cost to clear that area and correct the problem, but it should be done. I thank you for supporting Mr. Lorenz's motions, and I'll pass those to you, if I may. COMMISSIONER NORRIS: Do you want those back? MR. RAY: No. COMMISSIONER NORRIS: Because you can't have them back if you turn them over to us. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Maureen McCarthy and Ty Agoston. MS. McCARTHY: Good morning. My name is Maureen McCarthy, and I brought a whole file to try and convince you not to overturn the ordinance and in fact to give it a little bit more teeth, but it sounds like I may not need to refer to my file. So I guess I'll just say I urge you please go along with Bill Lorenz's suggestions and recommendations. And I would further state that I would love to see the county become more aggressive in its monitoring, Because there are many instances in my own community where it is not being monitored. So I urge you to put some teeth in and follow up on this. And I thank you for your comments this morning. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Ty Agoston and then Michael Simonik. MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston. I live in that less attractive Golden Gate Estates, and I'm speaking for myself. I'm also not a paid advocator of any particular agenda that is being promoted here. I live in the area that bears the burden of this particular rule that you have made to enforce on probably the least wealthy of the county. The unfairness of it is pretty obvious. I'm a city boy and I've never been all that much involved in the nature until I retired, and I started gardening, paid some attention. I'm an avid reader. And we're talking about exotics. I read an interesting letter to the editor by a gentleman, I think Mr. Cook, who have (sic) ran along and defined some of the exotics that went like corn went from America to Europe and it's currently one of the largest food stuff in the world, and the hibiscus Page 21 February 23, 1999 coming from China and what have you. I mean, there's a whole row of them. My probably biggest problem with these exotics is the pepper tree, the Australian pepper -- CHAIRWOMAN MAC'KIE: Brazilian pepper. COMMISSIONER CARTER: Brazilian. MR. AGOSTON: I happen to think that the tree is pretty nice. But besides that -- CHAIRWOMAN MAC'KIE: I'm sorry, are you talking about Australian pine or Brazilian pepper? MR. AGOSTON: Pardon me? CHAIRWOMAN MAC'KIE: Australian pine or Brazilian pepper? MR. AGOSTON: Brazilian pepper. I'm sorry, you know, these countries tend to -- CHAIRWOMAN MAC'KIE: I understand. MR. AGOSTON: But be as it may, as I understand, Lee County does not have any ordinance against Brazilian pepper. I also understand that, from the gentleman making the presentation here, that the birds essentially spread the item over the area in District 5 primarily, and you tend to treat people with -- living in a condo that have a little space the same way as the gentleman here with six acres. I don't think that's fair. I think that you sitting there, not to mention the fact that I was part of that board who now has been discontinued. This is their claim to fame. We have some 180 pieces of exotics listed. I happen to be growing a couple of them very strenuously in pots. One of the ferns I -- asparagus ferns, I believe, is one of them that's listed as an exotic that I paid for and tried to grow. It doesn't grow too well, by the way. And whether there was a functional reason for it, what it does do is give you power to abuse the homeowner, and I don't believe you should have that. I mean, I don't think people elected you to pile on a whole load of rules that enables you to selectively or unselectively just straight across the board give the homeowners a hard time to comply with the orders that are really not necessary. I'm not even sure what you can do with the Brazilian pepper, because to be honest with you, I had a house built over the phone from New York 10 years ago, that I had all the Brazilian peppers removed and today they are alive and well. I own a number of acres out there. So we are kidding somebody. And at the same time, my son right now is building a home. He has to again remove it. He's next to me. What for? So two, three, four years down the road he's going to have the same amount of land? Are you elected here to spend my son's money unnecessary? No, I -- there are no productive reason for it. Thank you very much, ladies and gentlemen. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Final speaker is Michael Simonik. CHAIRWOMAN MAC'KIE: As he's coming up, a question for staff. After the initial removal, is there an obligation to continue to monitor the invasives to be sure that they are continued? I mean, has Mr. Agoston just admitted a code violation on the record? MR. MULHERE: There is a require -- Bob Mulhere, planning services director, for the record. There is a requirement to maintain the property exotics free. Page 22 February 23, 1999 CHAIRWOMAN MAC'KIE: So Mr. Agoston, you may have just made an admission against your interest if you said that you haven't done what you need to do to keep them from coming back. Just might want to talk about that. MR. AGOSTON: You might. MR. SIMONIK: It's always fun following Mr. Agoston. Mr. Agoston is not a paid advocate for environmental issues, but I am. I am paid by 5,500 families in this community to come here and talk to you about the issues that they have the most concern about. And I'm passing out a position statement done by The Conservancy dated May 19th last year. And I'll just read the first line of it: The Conservancy of Southwest Florida strongly advocates local, state, federal and private efforts to control the spread of exotic, non-native, invasive plants. The Conservancy is committed to educate the community about the complex ecological problems caused by exotic invasive plants. And my name is Michael Simonik, director of environmental policy for the Conservancy. I forgot that and I saw Mr. Norris ready to ask me who I was. We certainly support Bill Lorenz's recommendations for not -- for one, not eliminating the exotic ordinance; two, not diluting it, but yet three, strengthening it. So we'd like -- we're glad to see that the county is interested in keeping that ordinance intact. We are committed to education about exotics, and Bill Lorenz offered a great report and summary of all the good things and bad things about what's going on with exotics. And I want to tell you, during the exotics control week that Mr. Lorenz has developed, we at the Conservancy are showcasing all of the public land agencies and private agencies who hold land who are doing exotics control on their properties. And we have some commitments, but we're trying to get folks there from the week of March 22nd to the 26th, Monday through Friday, from about 10:00 a.m. to 12:00 noon. And we have folks from Panther Refuge, Fakahatchee, CREW lands, Collier County Natural Resources and Recycling Departments, the Big Cypress Preserve, Picayune Strand State Forest, Cayo Costa, Sanibel Island, Collier-Seminole State Park, Rookery Bay, the City of Naples, Lee County Conservation 2020 and Florida DOT. All these folks are working on controlling exotics because they see the problems that are occurring with them. And I would like to extend an offer to Mr. Weeks, the gentleman. I think he is in the room today. But we can get out our Brazilian pepper brigade or our pepper busters, whatever you call them, and go out to his property, if he needs some help, because we've got those folks that work on our properties at the Conservancy. So I'd just like to publicly extend that offer to Mr. Weeks to ask us to come out and help him if he's got that big of a problem that he can't handle on his own. CHAIRWOMAN MAC'KIE: Thank you. MR. SIMONIK: Thank you. CHAIRWOMAN MAC'KIE: How nice of you. COMMISSIONER NORRIS: Madam Chairwoman, we have a motion on the floor and -- CHAIRWOMAN MAC'KIE: Do we have a second? COMMISSIONER NORRIS: -- I'll second it. Page 23 February 23, 1999 CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Ail in favor, please say aye. Motion passes 5-0. Item #8A2 REQUEST TO AUTHORIZE DREDGING OF CLAM PASS AND THE CLAM BAY SYSTEM AND ATTENDANT PLACEMENT OF MATERIAL IN ADVANCE OF FORMAL ACTION TO GRANT REQUIRED COASTAL CONSTRUCTION SETBACK LINE VARIANCES - APPROVED SUBJECT TO STIPULATIONS The next item is -- has to do with the Clam Pass dredging, 8 (A) (2) . COMMISSIONER CARTER: Madam Chairman, we'll be inviting Mr. Ward to make a presentation on this. We have had a number of meetings since our last time this was brought before the commission, and I'm pleased to announce this morning that all parties involved in this process have met and are enthusiastic about moving forward, as this is a restoration process. And one of the objectors, The Registry, is now 100 percent behind this and is going to use it in their promotional material as a part of how they are a part of a restoration process to restore a total estuary that's so important to all of us in Collier County. COMMISSIONER CONSTANTINE: Commission Carter, if all parties are happy, do you want to move the recommendation outlined in our executive summary? COMMISSIONER CARTER: I would like to so move. COMMISSIONER CONSTANTINE: I'll second that. CHAIRWOMAN MAC'KIE: Do we need to have a presentation, commissioners -- COMMISSIONER BERRY: I don't think so. CHAIRWOMAN MAC'KIE: -- because I have the same impression, that everybody's happy now, all the issues have been resolved. Is there any need for discussion? COMMISSIONER BERRY: COMMISSIONER NORRIS: presentation. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: I don't think so. Wait a minute. Mr. Terrill wants to make a No, he's the last person -- Look at him, he wants to make one. Do we have public speakers? MR. FERNANDEZ: You have two public speakers, Madam Chairwoman. CHAIRWOMAN MAC'KIE: Could you tell me their names? MR. FERNANDEZ: Keen Cornell and Jerry Thirion. CHAIRWOMAN MAC'KIE: Do either of those people need to speak if we're going -- MR. CORNELL: Yield. Keen Cornell. CHAIRWOMAN MAC'KIE: Mr. Cornell yields. Is Mr. Thirion here? MR. THIRION: I yield also. CHAIRWOMAN MAC'KIE: And he yields. So we have a motion and a second to support staff recommendation. All in favor, please say aye. Opposed? (No response.) Page 24 February 23, 1999 CHAIRWOMAN MAC'KIE: Passes unanimously. COMMISSIONER BERRY: What a great presentation. CHAIRWOMAN MAC'KIE: Good job. COMMISSIONER CONSTANTINE: You need to try to get that green again, though, that red is -- Item #8A3 CARNIVAL PERMIT 99-1 PETITION C-99-2, GOLDEN GATE AREA CHAMBER OF COMMERCE REQUESTING A PERMIT TO CONDUCT A FESTIVAL (FRONTIER DAYS) FROM FEBRUARY 26 THROUGH 28, 1999 ON COUNTY OWNED PROPERTY WEST OF THE GOLDEN GATE COMMUNITY CENTER - APPROVED CHAIRWOMAN MAC'KIE: The next item is 8(A) (3), which is the Golden Gate Chamber of Commerce. COMMISSIONER CONSTANTINE: Motion to approve the item. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: But it's not Frontier Days anymore, right? COMMISSIONER CONSTANTINE: That is correct. It's the Golden Gate Festival. CHAIRWOMAN MAC'KIE: MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: So are there speakers on this item? Ail in favor, please say aye. It passes unanimously. Page 25 Permit No. cP-gg-1 FEB 2 1999 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA · COUNTY OF COLLIER: WHEREAS, Wesley G. Bates of the Golden Gate Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a camival or exhibition; and WHEREAS, Wesley G. Bates of the Golden Gate Chamber of Commerce, has presented to the Board sufficient evidence and surety that such carnival or exhibition will be conducted according to the lawful requirements and conditions; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO the Golden Gate Chamber of Commerce to conduct a carnival or exhibition on February 26 through 28, 1999, in accordance with the terms and conditions set forth is the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: Tract 115, Unit 4, Golden Gate Subdivision, as shown on the Plat thereof as recorded in Plat Book 5, Page 109, as recorded in the Official Records of Collier County, Florida. WITNESS my hand as Chairwoman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County thi~,~3tgday of ~ 1999. ATTEST:, ~ DW!G.I~', Es, BROCK,~ . Clerk <~pprovea'as m eom M~ohe~. Student Assist~t Co~ty Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: f/C-99-02 bef°r~--compietinq thi~ Copy: Petition. Copy: PETITION NO. CARNIVAL OPERATION PETITION PETITIONER'S NAME: Petitioner (2) County Manager PETITIONER'S ADDRESS: PROPERTY OWNER' S NAME: PROPERTY OWNER' S ADDRESS: ~$0 / I~eA~'~, ~Z. ~ VlIP LEG~ DESCRIPTION OF SUBJECT PROPERTY: GENE~L LOCATION: C~ENT ZONING: 6o~m~ ~: ~y C~TE~ CU~ENT USE: &i~$.) m'4 pX~ TELEPHONE 1999 THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANA- TION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3. d. Comments: SIGNAT~E OF PETITIONER DATE REVIEWED Approved: Conditions of by Board of County Approval: Commissioners: Disapproved: SIGNATURE OF COUNTY MANAGER Name of event (~'A~)E:A/ ~,,7-~ ~'~s7-; v4 C ;58 2 3 1999 .Address of event ~D/ ~oADF~ m~m Fx./c~y/ ~e~E~ ~4~1~, ~vllC Date(s) of event ~ ~&, ~ ~, ~9~ Hours of operation;~r- l- ,, _ . ~ ,~- % s~onsor of event ~XD~m ~,~F C~/~R~a ~ ~~~ ~4aress o~ sponsor ~? ~~,~z ~D, ~~, ~' 3~ ' P.rson i. ~n~rg~ of foo4 servi~e ~F~ ~ ~, ~*/~ S Phone ~- ~/S ~ Number of food and beverage booths lA Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male ( ¥ ) Permanent: Male ( ) Female ( ~ ) Female ( ) Method of toilet waste disposal: ~$~.~. ~VW~/~EA~/~ $~;T4~y DFP~ Describe method of liquid kitchen waste disposal: 7~;~;~/~ /~e£/)/~ _~ ~,~/~ ~ / Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: /' Describe facilities and method of hand washing: Describe facilities and method of utensil washing, rinsing and sanitizing: . $;~ ~,'F~ Ru~;~6 ~,~../ ~ ~ D;~A6F~; Source of potable water: For information and assistance contact: Environmental Health & Engineering Department (813) 643-8499. 1999 ~'..~ ~on~or o:~ ~ ~,~*: ~o~ ar,~ ~-~o~,~.~:,.~ ~:o -o',:~:~ a].'"~o~' vendors of the temporary food service requirements. Failure to comply. may subject the booths to be closed for public health reasons. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of .the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to, the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Si of sponsor's agent Date: BOOTH NOTIFICATION FORM F~R TEMPORARY EVENTS Name of event: ~0AD~m Name of booth: 7- ~-'$ Person in charge of booth: ff D u F F Types of food or beverage to be served: Florida Administrative Code, Chapter lOD-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. L6cation of advanced food preparation: How will food be transportad to event location? ~/~ MethOd of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. }{ow will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? Foc Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 .0292 (al Temporary food service event sponsors or vendors shall notify the local HRS county public health unit not less than three days prior to the scheduled event of the type of food service proposed and the time and location of the event. Notification Temporary Food Service Events may be completed orallyt by telephone~ in person, oc in writing· (b) The local HRS county public health unit shall keep a record of notifications received loc proposed temporary food service events and shall provide appropriate educational material to the event soonsocs or vendors. (2) Facilities - Specific requirements for the physical facility where the food service operation is to be conducted shall be based on the t~pe food that is to be prepared or served, the length of the event¢ and the amount of food preparation that ts to be conducted at the temoocacy facility. (al If the food service operation is intended for the sale of only packaged, pon-potent/ally hazardous food or drink~ the food oackaqes shall be protected from dust, dirt, and other sources of contam/nation ducin~s~o. ra~e- and serving. (bi Overhead protection shall be provided at all food service operations when food is prepared or portioned on premises. (ti When potentially hazardous food is prepared at temoocary food service events of more than 3 days¢ the physical structure where the food preparation occur~ ~hall be protected from the entrance of flyinq insects and other vermin. ._ (3) Al/ food and beverages served aC temporary food service events shall be from approved sources in accordance with ~Fovisions of section 10D-13.023 of thi~ chapter oc prepared on premises. (4) All food served at temporary food service events shall be protected in accordance with provisions of section IOD- Whet- 13.O24 of this chapter. (5] rood and food-contact surfaces shall be protected from contamination bv customers and dust. neces~ary~ effective shields or covers shall be orovided. (6) Ice which will be consumed Or which will come into contact with food shall be obtained from an approved source only tn ~hipped, crushed oc cubed form. The ice shall be held in a way that protects it from contamination until dispensed. · ,~7) Storage of packaged food in contact with varec oc undrained ice is prohibited. Wrapped sandwiches shall not he stored In direct contact with ice. Bevecaq~ containers may be stored tn direct contact with ice ~hen: (al The storage facility is equipped with adequate drains ~hich preclude the accumulation of water during use; Ibl - The melt water ls disposed of so as not to create a nuisance; and (ti The storage facility ts kept clean. (81 When ali necessary washlnq and sanitizing of utensils and equipment are conducted at an approved commissary or foc~ service establishment¢ a utensil washing sink will not be requlrede except that¢ an 9dequate supply of spare preparation and ~ervlnq utensils are maintained In the establishment and used to replace those that become soiled. (9i A/t food service operations yhtch prepare food on premises shall provide an adequate supply of potable water fog cleantnq and employee hand~ashlnq. An adequate supply may be provided tn clean portable containers equipped with on/off valves. Soap and single-service towels shall be available for handwashlnq and hand drying (lO) Equipment shall be installed In such a manner that the establishment can be kept clean and the food will not become contaminated. Illl Liquid waste which ls not discharged Into a sewerage system shall be ~sposed of tn a manner that wilt not create a public health hazard oc a sanitary nuisance. (12) Floor construction In establishments which prepare food on premises shall be of durable material. Dirt or gravel subfloorlng can be used when graded to drain~ and coveted with platforms, duckboards, plastic film, ~ood chips, shavings, or similac suitable material such as a sufficient cover of 9tess or turf to control dust. (13l Walls and ceilings, when [equired¢ shall be constructed to minimize the entrance of flies and dust. Ceilings may be o[ wood, canvas or other materials which protect the Interior of the establishment FEB 2 3 199 20 IND~ BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: ~OA~4/ ~AT-K /r£s~,,~ ~ Name of booth: ~ --~ ~ Person in charge of booth: ~NA~ ~M~'~ ~ 1999 Types of food or beverage to be served: Florida Administrative Code, Chapter lOD-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning.for this event shall not be done in private homes. L6cation of advanced food preparation: }{ow will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 INDIVIDU_O_U_~~ BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: ~0~/)~ ~.A'7-~' ~'FF'~-/U''~ /--. Name of booth: ~/~,'~ ~ '3 /f~u~;7-A V /~'; Yc//~A; ! Person in charge of booth: $/~;~ /<I,~/f~'P- 1999 Types of food or beverage to be served: p '£P I Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. L6cation of advanced food preparation: How will food be transported to event location? MethOd of keeping food hot and/or cold at event site: ~v£ Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Enviuonmental Health & Engineering Dept - (813) 643-8499 INDIVIDU__~A~ BOOTH NOTIFICATION FOR.~ FOR TEMI~OI~RY EVENTS Name of event: GoA~m ~4~ ~&~,' u~ ~ Name of booth: ~of~ ¢~ C~FF;"~ Person in charge of booth: ~FF R~ ~ ~ KEB ~ 9 i999 Types of food or beverage to be served: Florida Administrative Code, Chapter lOD-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. L6cation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? Foc Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 Name of event: G~X/)~ ~me of booth: ~¢/¢,u ~;V~ ~~/~}1 Ce Person in charge of booth: FE'B 2 3 1999 Types of food or beverage to be served: / Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: How will food be transported to event location? ! MethOd of keeping food hot and/or cold at event site: Method of cooking food at the location: £F v E Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. }{ow will you provide this? FOE Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 INDIVID___~_D__U_~ BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: GoAD~Au ~7-~ Name of booth: ~k~ d~ Person in charge of booth: FEB ~ 3 1999 Types of food or beverage to be served: $" ,~ v $ ,~ & ~ ,/ c ~ ,~ ~ Z) ~ ~. / .e ~, ,, & ~ ,~ ~,,z/, /=, ,~ , Florida Administrative Code, Chapter lOD-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? ~,'~1¢/ ~~ For Infoumation and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 .IND VID~_~_D_~_~ BOOTH NOTIFICATION FOP/{ FOR TEMPORARY EVENTS Name of booth: ...~ ~&~ F~ D d0 ~7 c ~$$/0m Person in charge of booth: ..~B~.~ ~c ~'R ~4R y Types of food or beverage to be served: Florida Administrative Code, Chapter iOD-I~ requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: .... ~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: ST~u~ ,, Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? $1~/~;.~ ..... For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 .INDIVIDU__~L BOOTH NOTIFICATION FOP/{ FOR TEMPORARY EVENTS ,ame of event: 6~£~ ~7-m ~-~; ~ ~ Person in charge of booth: ~A4~ b4u~s FEB ~ 3 i999 Types of food or beverage to be served: /cE C~~{ Florida Administrative Code, Chapter lOD-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: m/~ Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? Fo~ Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 LOCATION: ZONED: AH[', SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES PHONE COUNT CLASSIFICATION This documenl is an occupational license lex only. This Is not certification thet licensee Is qualified. II does not psrmil the licensee to violate any existing regulatory or zoning laws of the stale, county, or cities nor does it exempt the licenses from any olher license or permits that may be required by law. WALK-IN OR POSTMARKED BY: AMOUNT DUE 1 BEFORE SEPTEMBER 301 ' COLLIER COUNTy oCCUPATIONAL i-iC~:NSE TAX ' FF_R 2 3 19§9 COLLIER COUNTY TAX COLLECTOR 2800 N. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (g[4,'~) ,403-2477 THIS LICENSE EXPIRES SEPTEMBER 30, I ''~ ! '~ ~ , I'. f I I I'.., I DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION I FAILURE TO DO IS CONTRARY TO LOCAL LAWS. LEGAL FORM PROFESSIONAL REG. NO. BUSINESS PHONE INDIVIDUAL [ ] "* '" PARTNERSHIP [ ] .I,'I,'(.~H'I' I I,;1~ CORPORATION[ '~' (;() i ,U I.",N t~,~, ~ .I. ;!,~r~,',,7 I'~)l,'t,(;l~.'1'1,. I~l,',.ill N'A i'1, t,;;-¢ '~, It 't I ~ $,00 '-.,.'(', f I OCT. 1- OCT. 31 I NOV. 1- NOV. 30 DEC. 1- DEC. ~t ' ! Ir, ,~l~[l~.tl'~li~ AFTER I LICENSE ,OJCODE ' FEB-09-1999 13:58 FROM COLLIER INSURANCE SERUICE TO db/Z'/~b p'..vjZ NAME OF INSURED P,O. ADDRESS Com nV N.,.,, rE. B 2 3 1999 CERTIFICATE OF INSURANCE $024 Hmne¥ $~elK · Orate, g~aska ~1~1.~0 of insurance ~ ~T ~ ~umnee ~scv and ~s n~ am~, ~e~ or aRer the ~a~af~d~ ~ t~ po~m~ ~ed hereto. I Notwi~nd~ ~y ~airemen~ ~rm m ¢~ ~ any ~nba~ o[ ~er d~ument w~ ~ ~ w~h th~ ~e~ ~ay ~ ~ ~r ~ay I e~im p~i~y ~T~ ~egardle~ ~ ~e num~ of in~r~. Claiman~ aT o~urrehc~. . ...... Date ~RU~Y 9,1999 38~7 T~G~E ~ ~Eg ~0~ 72L?137407 .......... _KINDS OF INSURANCE CO MMI~ RC:t~L GE NE~LAL LmA~mmL Il V ~ Oc~r~e~eForm ~ Ctaims~adeForm C~erage~ P~em~-O~s Produ~C~eted Other t m/IllS General Agg regale Limit Pr ~uct~-¢ompleted Operatmcms Aggregate Iim rt $ PerSonal & Advefti$in 9 tnju~y LJm~ $ Each Occurrence L~mit $ Fire Oarnege L~mlt (b.n¥One Fsre) $ /vtedical ~xpense t~mi~ (Any One P~t~ AUTOMOBILE LIASJLiTY 80dih/iniur~ Each Person Ee~h Accident Prope~ Damco [~h ~odent S B~ily Injury d~ Pm~ ~mageC~bi~ Si~o~ tim,t S j~GE LIABILIT? 8~i!~ Iniu~ and P~o~ ~age AutoOnly Other th~n Auto EFFECTIVE EXPlI~S' ' 212~/99 312199 Camblrmd Single Limit $ Aggregate Limit Garagekeep~r$ tmucance [] L~I Lia~li~ ~ Dir~ Primary ~ame ~ Prlma~ Primary Lim~ ~xc~s Limi~ ~neral ~gr~te Limit I'1 Aggregate Limit inclusive of¢laims Expenses Workers Compensation !mployer'$ Liability S. ~at ut:orY_Lim~ti, .... O~:IUPTION OF OPERATIONSJLO~ATIONSN[HiCLE S ........... "': ~ ho e~gflt of any m~er)il cha~e m or ~Mlb~ofl of ~d ~. the COMPLY inte~ t~ but it nM obl)~ ~, fi~i~the ~ to whom ~h~ Ce~ifi~a~ is ~dre~d ot ~h ~an~ or ~cetlat~n. and C~ANY u~akes ~ r~l~ by ma~n of any ~dme This Certificate issued to: AO_ ._I~ _ I_~so: cot,t,:~:~ .co~F~, ,, Title .... NOTE TO &GIMT -, Mail Cepy to GOLDEN GATE COMMUNITY CENTER ROOM RESERVATION CONTRACT a division of Collier County Parks & Recreation Department 4701 'Golden Gate Parkway, Naples, FL 34116 Phone: (941) 455-2343 Fax: (941) 455-9556 Office Use Only Date(s): ,,.2.,/e2( Room(s): Times: to Name of Party: Phone: (Home) Mailing Address: Please Check One: (Work) q.E~3 t o o (Other) t'"'~ t.~.._.~F~ ~,..-~ ~ City/State/Zip: Non Profit or Civic/Governmental Organization* © * Federal Tax Exemption Number (if applicable): Time: /'/ Date of Event: ~/:a.c-, z8 Approx. ~ in attendance*: Private Citizen or Commercial/For Profit Organization to / O Set up Time: t,~//5 # of Chairs Needed: [',q//k Tables: * Nla.ximum is 150. if 50 or more people are to anend a private part3,', a $300,000 limited liability policy is required with Golden Gate Community Center listed as the host. This policy is due four weeks prior to the date of rental. Tvr)e of Function: .,'xa d~,..:. ^,__. ' - ,- .... .. I.~c2~ ,D ~:'~.> , .~ ...~ C om~menrs."Svez~ Reauesrs Please See ~her Side Do Not Write Below T~s Line LAW ENFORCEMENT SPECIAL DETAIL ....... ............... ,., .. ,. ~. ,./.~,~, .., '-..~. . - ,..,,~ . .- ' THIS AGREEMENT, entered into this ~oT day of/cc~ 19 ~ ,, by and between the · ' Collier County Sheriff's Office. DONHUNTER. SHERIFF of Collier County, Naples, Florida, hereinafter : re[erred to as 'CCSO" and~9/4~ ~='~ ~'Ait~/'~ ,~<~./f , Florida, hereinafter referred to as . 'CONTRACTOR', both of whom shall be referred to as the 'PARTIES'. This contract ex't~nsion will remain a~ive' for the period of one {11 year terminating on tho ~ day of. /~'C'~ .. '~--d'&~' ' All the terms, and conditions of the original contract will remain valid. COLLIER COUNTY SHERIFF'S OFFICE AGREEMENTFE A schedule of specific dates and assignments fqr Deputies assigned under this agreement is attached hereto and marked 'Exhibit A'. The schedule will remain flexible as agreed on by the PARTIES. The estimated minimum rate, based on now available information, is $21.90 to $ 30.60 per hour per Deputy, subject to final accounting. If the contract requires vehicle patrol, the Agency shall be paid $ .'29 per patrol mile per vehicle. FINANCIAL ARRANGEMENTS: FULL PAYMENT IN ADVANCE 50% DEPOSIT REQUIRED NO DEPOSIT REQUIRED/TOTAL DUE UPON BILLING IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS INSTRUMEN'I: ON THEIR BEHALF, AT THE DATES SET FORTH BELOW. AS APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUBJECT TO EXECUTION BY THE PARTIES: · Streez/Address TYp e"d Name I~ity, ~tate,"Zi'p Code f Date Telephone # COLLIER CO. SHERIFF'S OFFICE: Lieutenant - Special Services Bureau Approved ,. Not Approved [ ] Approved [ ] Not Approved Approved Not Approved Approved Not Approved Capt. - Uniform Div. Date Finance Date Undersheriff Date DON HUNTER, SHERIFF - COLLIER COUNTY DATE FEB 2 3 !999 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 February 10, 1999 Wess Bates President Golden Gate Area Chamber of Commerce, Inc. 3847 Tollgate Boulevard Naples, Florida 34114 Dear Mr. Bates: This fire department will provide its services during the "Frontier Days" festivities that will be held February 26, 27 and 28, 1999 at the grounds adjacent to the Golden Gate Community Center. This department must insist that all fire codes and safety codes be strictly adhered to. A. A fire lane (20 foot minimum) will be provided with access to all cooking and vending areas. B. Fire extinguishers to be provided in all cooking facilities. C. Any and all LP tanks shall be tied down. D. Any and all electrical box access be protected from general public contact. E. Provide the Golden Gate Fire Department with a map of the general layout prior to the starting of the event. In addition, it will be necessary for all festival facilities to be inspected by a fire department inspector after they are setup and prior to them being opened to the public. Thank you for your cooperation. Sincerely, Donald R. Peterson Fire Chief DRP/pm cc: Collier County Zoning Department PAX: 1OLVE Im~ESENTATION$ tYNDHUR~T ~ 07071 269 ORIENT February 23, 1999 Item #8A4 CARNIVAL PERMIT 99-2 PETITION C-99-1 COLLIER COUNTY PARKS AND RECREATION REQUESTING A PERMIT TO CONDUCT A CARNIVAL (IMMOKALEE HARVEST FESTIVAL) FROM MARCH 4 THROUGH MARCH 7, 1999 AT THE IMMOKALEE AIRPORT PARK LOCATED ON SR-29 - APPROVED Now we have Parks and Rec for the Immokalee -- COMMISSIONER CONSTANTINE: Motion to approve the item. CHAIRWOMAN MAC'KIE: -- Harvest Festival. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 26 Permit No. CP-99-2 FEB 2 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, the Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, the Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said the Collier County Parks and Recreation Department, has requested a waiver of the Carnival Fee and Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO the Collier County Parks and Recreation Department, to conduct a carnival or exhibition from March 4, 1999, through March 7, 1999, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of Carnival Fee, Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County thi~J'~l~'day of~n~, 1999. BOARD OF COUNTY COMMISSIONERS: FEB 2 3 1999 t · iC~L*', l)'iu~ ~]d lelT:o Lf, C,.u C.-]r~y n~ (:, tLLor, ~c~e o~ ' / cq,aL pa~in~ C~ou~h cae :~ ~[ ~ucc/o~ ], ~ T,.~)'lip G7 ~ouCn, R~n~r 29 ' · w:t~c.l~t hen~ is ~re ~r=lcul4riy de~crLbe¢ S. I. ~rner DE the ~ o~ Section 3, To. ship A? ~uch, ~nge 29 ~.c, Tal/a~msee Herid~p, S ~9 de.eel Z5'50" ~ alon$ the ~OG~ chute N 16 de{ree~ 2&'OS" [ 669,6{ ~eeC Co ~eec co i ~i~C; ~nce N 2& de~e~ ~'~5" V o~ 3ee~Aon 3; thence canC/nuin% ~or a cie K89 de~ee~ EXHIBIT "A" before completinq this Petition. PETITION NO. PETITIONER'S NAME: PETITIONER'S ADDRESS: ~opy: Copy: Copy: CARNIVAL OPERATION PETITION Petitioner (2) County Manager FEB 2 3 1999 , .~' ,,//.. I /~ TELEPHONE: PROPERTY OWNER'S NAME: PROPERTY OWNER'S ADDRESS: TELEPHONE: ~ ~ ~-,I ~ ¥? 3S3.- o ~v ~ LEGAL DESCRIPTION OF SUBJECT PROPERTY: GENERAL LOCATION: CURRENT ZONING: NATURE OF PETITION: CURRENT USE : ::K THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3. d. Comments: (FOR EXPLANA- SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER FEB 2 3 1999 INDIVIDU__q~ BOOTH NOTIFICATION FO~ FOR TEMPORARY EVENTS Name of event: Name of booth: Person in charge of booth: Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-!3 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Lo~ation of advanced food preparation: How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 13.0292 Temporary Food Service (a) Temporary food Se£vice event sponsors or vendors snail motif'; the inca! HR$ county cubllc health unit not [ess than the t v~e of food service proposed and the time and location of the event. Notification may be completed orally, by telephone, in person, ac in writing.. {b) The local MRS county cublic health unit shall keep a record of notifications received for proposed temporary food service events and shall provide soonsors or vendors. {SI Facilities - Specific ceouirements for the physical facility where the food service operation is to be conducted shall be based on the twoe food that is to be the amount of fooO preparation that is to De conducted at the temporary facility. (al If the focad service operation is intended for the sale of o91¥ packaged, non-potentiallY hazardous food or drink, the food oackaqes shall be protected from dust, dirt, and other sources of contamination durino storaoe and serving.: (bi Overhead protection shall be provided at all food service operations when food is predated or portioned on premises. When ~otentially hazardous prepared ac temporary food service events of mote than 3 days, the physical structure where the food preparation occurs shall be protected from the entrance of . flying insects and other vermin. (3) AJ.I food and beverages served at temporary food service events shall be from approved sources in accordance with provisions of section 100-13.023 of This chapter or prepared on premises. {4} AIl food served.at temporary foo~ service events shall be protected in accordance with provisions of section 10D- 13.O24 of this chapter. {5) Food and food-contact surfaces shall be protected from contamination bv customers and dust. Where neces=acyf effective shields DC covers shall be ocovided. {~ ice which will be consumed Dc which will come into contact with food shall be obtalne,~ from an approved source only Ln chl~:~d, crushed or cubed form. The lc~ Events shall be held in a way that protects it from cont amination'un~ i I dispensed. · ('~) Storage of pac~aoed l~ooct in contact with water DC undrained ice Is prohibited. Wrapped sand~tches shall not be stored tn direc-C contact with ice. Beverage 3 1999 containers may be stp:ed in direct contact with ice when: (al The storage facility is e~uipped with adequat9 dralns whlch preclude the accumulation of water during use; lb) The melt water is disposed of SO as not to create a nuisance; an4 {ct The stoKaqe facility is kept ~lean. [81 When ail necessary washinq and sanitizing of utensils and e~uioment are conducted at an approved com~ssary or food ~atvice escaOiisnment, a utensil washina sink will not be reouired, except that, an adequate supply of sofia pFe~a£ation and serving utensils ace maintained in the. establishment and used to replace those that become soiled. (gl A/I food setwice operations which predate {ODd on premises shall provide an adequate sucoly of ~otabie water for cleaning and employee ham~washlnq. adequate supply may be provided In clean portable containers e~u[p.oed~rith on/of~ valves. Soap a~ single-service t~els shall be available {Dc ha~ashinq a~ ha~ drying. . (i01 Equi~nt shall ~ installed In such a ~nnet that the estabilshmen~ can be kept clean and the food will not become contaminate~. {Ill Liquid waste vhich ts not discharged into a sewerage system shall be disposed of in a mannec thac will not crea:e a public health hazard or a sanitary nuisance. {121 Floor construction in establishments which p~epace food on premises shall be of durable material. Dirt or grayel subfloorinq can be used when graded to drain, covered with platfocm~, duckDoards, plastic film, wood chios, shavings, or similar suitable material such as a sufficient cove~ of grass or turf to control dust. {13) walls and ceilioqs, when requited, shall be constructed to minimize the entrance of flies and dust. Ceilings may be of wood. canvas DC other materials which protect the Interior o~ the establishment TOLVE PRESENTATIONS INC. ~ 269 Orlem Way ~e Lvndr, ur~l a. New Jersey 07071 ~r Phc. ne I201 } 933-).)~ ~ ra : FEB 1999 CONTRACT ,,ate o, F o, q 3. That ~r~ ot the s~d ~ agr~ to ~rnish all licen~ and ~rm~ts rha~ may ~ ~lice pro~e~ion, licker ~llers, todet facilid~, dumpsters, also a suilable ~oca~on o~ grounds, 4. All ~ird parw vendors will ~y Tolve Prorations the ~um or 5_ d,~ S ~ ~r Oay, ~r 110 ~lts for each day of me evbnl. ,M~o p.'m)r om ,n~urance d~dy Inlurf and Pr~uct LiabiliW. 5. Thal all s~ws, ridir~ device, contusions and mmor priwleges snail be urioer manag(,m.,. of pa~t o~ the first part. 6. That as a consi~ralion ~r t~ a~ve ~lmned, the pa~ of the Imr~t pa;l ~) to ~r cern of advance ~le fick~ mid. PAYMENT TO BE ~OE AT THE CLOSE OF E~tl DAY'S 7. Thai: Party of the first part lo be 8ranted exclusive privilege to conTecl~on trader (co:ton c anuv, 0op:.orm candy apples, pretzels, and drinksL ice cream, novelty, sand art, shool oat the star, -,nd 8. Thai it is mutually agreed by both parties herelo thai there is no omer coniracl cr promise, c; d~.-~ ,., ~ueo or verbal existing between them, and that this conlracI is subiect to Ihe approval of the above nameo sho'.s, ..:,ther Dy wire or letter, 9. In case of sickness or death o( any per~rmer, then party o~' the flr~[ pa,l snail have time to replace such act or performer. In case o( railroad accident or clelay, str~kes Uro. lloocl. any unforeseen OCCurrence over which the parry of the first par; ha~ ,-.o con(roi. :lien [hey dama8es by par~ o( the second part. 10. This contract entered inlo and Usned in duplicate in the city of' State of Ibis the day ut duly authorized representalives of the parties hereto: AD., IS ..... Cy the St~.~IAL ARP, ANGEMENTS: By, Party of the first part ORGANIZATION B~ Party of the second part By, Party of the second part Title TOLVE PRESENTATIONS INC. 269 Orienl Way W Lvndhursl * New Jersey 07071 .e' Phone 1201; FEB 2 3 1999 19 CONTRA ] of the City of, State of par~e se¢onu, p,,;~ 2. 'lT~t ~t~ ~ ~t pan a~ to ,m~nt a~se~i~s in me c,~ ...... 19 and endin8 1 ,)~ That parW~Lhe sec~lg.d paqasqees to~rmsh all licen, se~j~__an ~d-qermfls thalJmay be requ,rea u,V h,w. water, { 4. All third party vendors will pay Toive Presentations the sum of $ :or pow~'r hoOK up, an~d $ per day, per 110 Volts l,or each day of the event. Also prooi ut ,nsurance wrucn incluOes Bodily Injury and Product Liability. S. That all shows, ridin$ devices, concessions and m,nor privdeses snail be under manal?,emem ,ma control c~ party of, the. first pan. 6. That as a c , the above mentioned, the party of, the first part asrees to pa ~,,~ o,,,~. ~cond part the sum of per cent of the 8ross receipts on all rides and per cent of advance sale tickets sold. PAYMENT TO BE MADE AT THE CLOSE OF EACH DAY'S BUSINESS. 7. That: Party of the first part to be 8ranted exclusive privilese to conl.eclion trailer (cotton candy, popcorn, candy apples, pretzels, and drinksL ~ce cream, novelty, sand art, shoot out the star, and ~unnel car, e ¢oncessmns. 8. That it is mutually a8reed by both parlies hereto that thee is no other contract or promise, ~tncr written or verbal existin8 between them, and that this contract is sublect to the approval of the above named shows, e~mer by wire or letter, 9. In case of sickness or death o~ any performer, then party of the first part shall have a reasonaole tensth of' time to replace such act or performer. In case o~ railroad accident or delay, strikes, fire, flood, cyclone, epidemic or any unforeseen occurrence over which the party of the first part has no control, then they are not to be held ior dama8es by party of the second part. 10. This contract entered into and sisned in duplicate in the city State o~ this ~e day of duly authorized representatives of the parties hereto: AD., 1 9 oy the ,.~ SP~IAL AILIIANGEMENTS: ;, --. .. ;,..r . i By. Party of the first part ORGANIZATION By, Party of the second part Title By. Parly of the second part Tille FEB 9 199( Excerpt from Ordinance No. 75-!1 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Manager in four (4) copies accompanied by: . a. A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee of $200. d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show perform- ances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of this premises for such carnival activity. 10) Legal description of property to be utilized. ' 1 )-].3.02.92 Temporary ?odd Serv±ce (al Temoorarv food s~,rvice event soonsors or vendors shall notif'¢ the local HR$ countv public health unit not Less than three days prior to the scheduled event of the tv~e of fo(x$ service o£ooosed and the time and location of the event. Notification may be comoleted orallyf bv teleohone, in De:son, or in w¢itinq. (b) The local HRS county public health unit shall keeo a record of notifications received for prooosed temoorarV food service events and shall ocovide adO:bo:late educational material to the event soonsors or vendors. (2) facilities - Soecific requirements for the ohys£cal ~acilitv whece the food service operation Is to be conducted shall be based on the type food ~hat is to be ~:ecaze~ c£ zeroed, th~ lenQth o£ the event, anq the amount o~ ~ood otepa£ation that is to be con~ucted at the temooracy facil£t~. (a) If the food service ooe~ation is intended for the sale of only pat&aged, non-ootentiall~ hazardous food or drink, the food oackaqes shall be protected f~om dirt, and other sources of contamination dutinos~.orawe~ and servinq. (b) Ovechead protection shall be p£ovided at all ~ood service ooetations when food is predated ot portioned on p£emises. (c) When ~otentlall¥ hazardous food is prepared at temporary food service events o~ mote than 3 days, the physical structure where the food pceoaration occurs ~hal! be protected ~:om the entrance of ~lvino insects and other vermin. (3) All food and beveraqes served at temoorar7 ~ood se:vice events shall be f:om aooroved sources in accordance with otovisions of section 10D-13.023 of this chad:e: or ore~ared on premises. [4) Ali ~ood served at temoocarv food se:vice events shall be orotected in acco:dance with ocovisions of section [OD- !3.024 of this chaoter. (5) Food and food-contact surfaces shall be Otb:et:ed f:om contamination ~v customers and dust. ~hete necesJa~'{, effective shields or covets shall be orovided. (6l Ice which will be consumed or which will come into contact with food shall be o~tained f:om an aoocoved sou£ce only in chiooed, crushe~ or cubed form. The ice shall be held in a way that protects it from contamination dh:il disoensed. {7) Storage of ~acka~ed focx~ in contact with water or undrained ice is prohibited. Wrapped sandwiches shall not he sto~ed in direct contact with ice. Beveraqz containers may be stored in direct contact with ice when: lad The storaqe facility is equipped with adequate drains which oceclude the accumulation of wa:et dutinq use: [bi The melt water is disoosed so as not to create a nuisance; and (ti The storaqe facility is ke~t clean. {81 Hhen all necessary washinq and sanitlzinq of utensils and eouioment are conducted at an aooroved commissary or :odd se:vice establishment, a utensil washino sink will not be req~i:ed~ except t~at? an adequate supply o~ ~ace p~eparation and setvin~ utensils ate maintained in the establishment and used to reolace those that become soiled. ~) AIl food service operations which prepare food on premises shall provide ~ adequate supply of ~otable water for cleaninq and employee ha~dwashin9. An adequate supply maybe provided £n clean .~o~table containets equ~pped with on/o~ valves. Soap and sinqle-secvice towels shall be available for handwashin9 and hand drying. (10! ~qul~ment shall be installed in such a manner that the establishment can be keot clean and the food will not become contaminated. Illl Liquid waste which is not discharged into a sewerage system shall be ~ls~osed of in a manner that will not c:eate a public health hazard or a sanitary nuisance. ~12! floor construction in establishments ~hich pre,are food on o:emises shall be of durable material. Dirt or o:avel subfloocinq can be used when ~raded to drain, and covered with ~latfocm~, duckboatds, bias:it film, wood chips, shavinqs, or similar suitable material such as a sufficient covet o: ~rass or tu~f to con:roi dust. (1~1 Walls and ceilinqs, when requited, shall be const£ucted to minimi:e the entrance Of flies and dust. Cellinos may be of wood, canvas dC other materials which protect the interior of the establishment 2O FEB 2 3 1999 ./% February 23, 1999 Item #8A5 THE FINAL PLAT OF PELICAN STRAND REPLAT 1-C AND THE PERFORMANCE SECURITY - APPROVED SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT Five, six and seven were added. They are all plats that would otherwise have appeared on our consent agenda. COMMISSIONER CONSTANTINE: Motion to approve item 8(A) (5). CHAIRWOMAN MAC'KIE: Can I get a second? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye -- I'm sorry, pause. Mr. Weigel has -- MR. WEIGEL: Yeah, for 5, I'd like the record to reflect that your approval is subject to the review and approval of the construction and maintenance agreement by the county attorney office. We have not had it to approve it yet. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: My motion intended that. MR. WEIGEL: Thank you. CHAIRWOMAN MAC'KIE: And the second? COMMISSIONER NORRIS: Second certainly intended that as part of the second. CHAIRWOMAN MAC'KIE: Let's just vote again. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 27 FEI) 2 3 ;999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 February 23, 1999 Item #8A6 THE FINAL PLAT OF TAMIAMI PROFESSIONAL CENTER AND APPROVAL OF THE PERFORMANCE SECURITY - APPROVED SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT AND LETTER OF CREDIT COMMISSIONER CONSTANTINE: Madam Chairman, I make a motion we approve item 8(A) (6). CHAIRWOMAN MAC'KIE: Any -- COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: -- any questions on that one, Mr. Weigel? MR. WEIGEL: No, none. CHAIRWOMAN MAC'KIE: Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 28 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAIN~ENfiaNCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this '~.,~,.'~'- day of .}~b~...a~_5 19.99 between Mr. Thomas M. Taylor, P.E., individually and as Trustee hereinat~er 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: Tamiami Professional Center 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: Water, Sewer, Roads, Drainage, and Street Lighting improvements. o within 36 months from the date of approval 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 hereof) in the amount of $264,364.10 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. 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. 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 \~IMA_NAPLES\WP\1998\ 1998061 \RAV~CONST-MAINT-revised2.doe FEB 2 3 1999 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 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. o 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 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 the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 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 fight 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 \\HMA_NAPLES\WP\ 1998\ 1998061 \RAV~CONST-MAINT-revised2.doc FEB 2 3 1999 construction, the final total cost to the Board thereof, including, bm 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 binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Devgloper have caused this Agreement to be executed by their duly authorized representative this ~ ~ day of ~r,,~*,-., ,1999. SIGNED, SEALED_~D/DE~RED IN ..//~.card.o A_Valer. a_ _ "' /Printed or Typed Name Amber S. Manderson Printed or Typed Name Mr. Thomas M. Taylor, P.E., individually and as Trustee By: Printed or Typed Name Thomas M. Taylor, P.E., individually and as Trustee BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: S. MAC ' KIE,/CHAIRWOMAN-- \XHMA_NAPLES\WP\1998\ 1998061 \RAVXCONST-MAINT-revised2.doc FEB 2 3 1999 ENGINEERS OPINION OF PROBABLE COST TAMIAM! PROFESSIONAL CENTER HMA FILENo. 1998.061 NOVEMBER, 1998 REVISED FEBRUARY, 1999 ITEM DESCRIPTION QUANTITY UNIT Page # 1 UNIT COST $ SUBTOTAL $ PRELIMINARY WORK I Site Clearing 2 Rough Grading 3.6 AC I LS SUBTOTAL PRELIMINARY WORK $3,200.00 $11,520.00 $4,000.00 $4,000.00 $15,520.00 ITEM DESCRIPTION QUANTITY UNIT UNIT COST $ SUBTOTAL $ ROAD CONSTRUCTION 3 1%' Type S-3 Asphaltic Concrete 4 6" Limerock Base 5 12' Stabilized Subgrade 6 Fill 7 B.M.P's 8 Signing & Pavement Marking 9 Street Lighting Fixtures (Poles) 4000 SY 4000 SY 4400 SY 11500 CY 1 LS I LS 19 EA SUBTOTAL ROAD CONST. $3.25 $13,000.00 $3.50 $14,000.00 $1.50 $6,600.00 $5.25 $60,375.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $1,200.00 $22,800.00 $121,775.00 ITEM DESCRIPTION QUANTITY UNIT UNIT COST $ SUBTOTAL $ POTABLE WATER SYSTEM 10 10" PVC Water Main 11 12" * 10" Hot Tap 12 Fire Hydrant Assembly 13 10" Air Release Valve 14 Bacteriological Sampling Point 15 10" Gate Valve 16 6" Gate Valve 1360 LF I EA I EA I EA 3 EA 5 EA I EA $16.00 $21,760.00 $3,250.00 $3,250.00 $1,750.00 $1,750.00 $1,000.00 $1,000.00 $450.00 $1,350.00 $850.00 $4,250.00 $500.00 $500.00 SUBTOTAL POTABLE WATER SYSTEM $33,860.00 ITEM DESCRIPTION QUANTITY UNIT UNIT COST $ SUBTOTAL $ SANITARY SEWER 17 6' Service Lateral with C.O. 18 Grinder Station 19 4" Force Main 20 2" Forcemain 21 4" Check Valve 22 10" ' 4" Tapping Sieve and Valve 23 2' Air Release valve 24 2" Plug Valve 2 EA 1 EA 30 LF 1800 LF 1 EA 1 EA 4 EA I EA. $450.00 $900.00 $14,200.00 $14,200.00 $9.00 $270.00 $6.25 $11,250.00 $550.00 $550.00 $2,200.00 $2,200.00 $500.00 $2,000.00 $300.00 $300.00 SUBTOTAL SANITARY SEWER $31,670.00 S:/19981061/RAVITAMIAMt2.xls FEB 2 1999 ENGINEERS OPINION OF PROBABLE COST TAMIAMI PROFESSIONAL CENTER HMA FILENo. 1998.061 NOVEMBER, 1998 REVISED FEBRUARY, 1999 ITEM DESCRIPTION QUANTITY UNIT UNiT COST $ Page # 2 SUBTOTAL STORMWATER 25 Type "C' Catch Basin 7 EA 26 Control Structure I EA 27 15' RCP 316 LF 28 14' * 23' ERCP 297 LF 29 19' * 30' ERCP 134 LF 30 24' RCP 25 LF 31 Mitered End 3 EA COLLIER COUNTY FEE CALCULATION CONSTRUCTION AND MAINTENANCE AGREEMENT PERFORMANCE SECURITY 110% PLAT REVIEW FEE PROJECT AREA = 12 AC. (ADD ,$4.00 PER ACRE) SUBDIVISION REVIEW AND INSPECTION FEES 1.7% (DRAINAGE + PAVING & GRADING + PRELIMINARY)) WATER & SEWER REVIEW AND INSPECTION 2.0% (WATER + SEWER) TOTAL COUNTY FEE PREVlOULSY PAID FEES BALANCE $1,025.00 $1,650.00 $17.00 $23.00 $29.50 $23.00 $650.00 SUBTOTAL STORMWATER ANTICIPATED TOTAL COST CONTINGENCY TOTAL $264,364.10 $425.00 $48,00 $2,801.62 $1,310.60 $4,585.22 $4,020.97 $564.25 $7,175.00 $1,650.00 $5,372.00 $6,831.00 $3,953.00 S575.00 $1,950.00 $27,506.00 $230,331.00 $10,000.00 5240,331.00 Prepared by: HOLE, MONTES & ASSOCIATES, INC. Mr. George G. Hermanson, P.E. Florida Registration # 26706 S:/19981061/RAVrrAMiAMI2.xls February 23, 1999 Item #8A7 THE FINAL PLAT OF NORTHBROOKE PLAZA AND APPROVAL OF THE PERFORMANCE SECURITY - APPROVED SUBJECT TO CONSTRUCTION AND MAINTENANCE AND ESCROW AGREEMENT COMMISSIONER CONSTANTINE: Madam Chairman, I'd like to go out on a limb and make a motion we approve the plat of item 8(A) (7). CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Ail in favor -- second? Aye. Aye. Sorry, we need a second. Second. All in favor, please say aye. (Unanimous vote of ayes.) CHAIRWOMAN MAC'KIE: It passes unanimously. And I -- just to let you guys know that you, like I, have probably heard a whole lot of complaints and problems with people with plats as a result of our every other week meeting schedule, because it causes a real delay for people. They may -- if they miss by one day, it costs them a month of the cost to carry on the interest on land. I've asked the county administrator to work with the county attorney. Other counties in the State of Florida don't have plats on their agenda. They are just administratively approved. I've given them a couple of examples. And I know Mr. Fernandez also said in Alachua County they did it that way. So I've asked them to look into whether or not we might be able to, you know, do this without it coming from the board to avoid bundling up our agenda, and also to avoid slowing people down. COMMISSIONER CONSTANTINE: Will we have a report back on that in a couple of weeks? MR. FERNANDEZ: Madam Chairwoman, I have discussed with the attorney the need to move to a more expeditious manner of approval of plats. And we'll be working on that and we'll report to the board as soon as we have something for you. COMMISSIONER BERRY: Good. CHAIRWOMAN MAC'KIE: Do you think it might be within like maybe the next meeting or the meeting after? MR. FERNANDEZ: Okay, next meeting. CHAIRWOMAN MAC'KIE: Next meeting, thanks. Page 29 FEB 2 3 1999 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this ~. day of V.. o._ g,f,~)g~V / · 19 qe3 by RSH of Naples, Inc. (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and AMSOUTlt BANK (Hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: NORTHBROOKE PLAZA B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by PURSE ASSOCIATES, INC. , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated (the "Construction Loan") to fund the cost of the Required Improvements. January, 13,1999 E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ 285,912.00 , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 12 Months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ 285,912.00 From the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $ 285,912.00 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ 25,992.00 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; FEB 2 3 999 Ho~vever, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payments of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (A) (B) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; The County, or its authorized agent, will complete' the work called for under the terms of the above mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (D) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the mounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements ff 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 excepts as stated in this Escrow Agreement. FEB 2 3 1999 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Develoner have caused this Agreement to be executed by their duly authorized representatives thisc~.~ ~ day of ~-~/D r~ctOv,~ , 19 ~ el. o SIGNED, SEALED AND DELIVERED IN ~NCE OF~ Printed or Typed Name Printed or Typed Name Printed or T3fped Name Printed o[ ~ed Nme Da~dC. Weigel Co~ Attorney RSH of Naples, Inc. By:. Robert S. Hardy President By: Printed or Typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chafrwom~: Pamela S. Mac'Kie/ / FEB 2 3 1999 Exhibit 1 NORTHBROOKE PLAZA II. III. IV. V. ENGINEER'S COST ESTIMATE PROJECT TOTALS SITE CLEARING AND EARTHWORK SANITARY SEWER SYSTEM WATER DISTRIBUTION STORM DRAINAGE SYSTEM ROADWAY CONSTRUCTION $.35,285.7.6 $87,560.50 31,188.00 $57,710.00 $48,175.75 TOTAL $25.9,920.01 Prepared By: Geoffrey G. Purse P.E. Purse Associates, Inc. 4450 Bonita Beach Road Unit 9 Bonita Springs, Florida 34134 FEB 2 3 1999 ITEM DESCRIPTION 1. CLEARING & GRUBBING 2. FILL-RIGHT-OF-WAY I. SITE CI__I=ARING AND EARTHWORK ESTIMATED UNIT QUANTITY COST 4.02 AC. $2.500.00. 4,588 C.Y. ~5.50. SUBTOTAL AMOUNT 310,050.0o. 335,285.76 1.8" P.V.C. SEWER 0'-6' 350 L.F. 8" P.V.C. SEWER 6'-8' 898 L.F. 8" P.V.C. SEWER 8'-10' 219 L.F. 2. 4' DIA. MANHOLE 0'-6' 2 EA. 4' DIA. MANHOLE 6'-8' 2 EA. 4' DIA. MANHOLE 8'-10' 2 EA. 3. 6" P.V.C. LATERAL 480 L.F. 4. 6" P.V.C. CLEAN-OUT 12 EA. 5. 8" PLUG I EA. 6.4" P.V.C.F.M. CL150 DR18 1,076 L.F. 7. 8" HOT TAP TO EXIST. I EA. 8. LIFT STATION I EA. 9. TESTING/INSPECTION I L.S. II. SANITARY SEWER SYSTEM. $12.50__ $13.75 ~15.00 $1,500.00 $1,700.00 31,900.00 ~75.00 $18.0.0_ $8.75 $1,200.00 ~o,ooo.oo }1,500.00 SUBTO .TAL 35,950.00 ~3,285.00 ~3,ooo.oo 33,400.00 $3.800.00_ ~.320.0..0_ ~900.00. ~18.o0 ~9,415.00 ~1,200.00 34o,ooo.oq $1.500.00_ 387,56o.oq 2 FEB 2 3 ]999 Iii. WATER DISTRIBUTION 1.8" P.V.C. W/L CL-150 1,108 L.F. 2. 8" P.V.C. W/L CL-200 224 L.F. 3. FIRE HYDRANT 3 EA. 4. TEMP. BACKFLOW (2") I EA. 5. PERM. SAMPLE PT. (2") 1 EA. 6.8" GATE VALVE 2 EA. 7. 8" HOT TAP 1 EA. 8. 3" P.V.C. CONDUIT 180 L.F. 9. TESTING & INSPECTION 1 EA. 1. VALLEY GUTTER CATCH BASIN 2. TYPE 'C' DITCH INLET 3. JUNCTION BOX 4.18" R.C.P. 5.30" R.C.P. 6,RIP-RAP SUMP $11.00 $12.50 $1.800.00 $2.200.00 $2,ooo.oq $760.00 $2,500.00 ~.oo $1,5oo.oo SUBTOTAL IV. STORM DRAINAGE $12.188.00_ $2.800.00 $5,4oo.o0 $2,200.00 $2,000.00 $! ,520.00 ~2,500.00 $1 ,o8o.oo $1.500.00 ~31,188.00 6 EA. $1,500;00 ~9,000.00 6 EA. tl,3OO.6O I EA. $2,500.00 1,121 L.F. $14.00 1,326 L.F. ~16.00 1 EA. $1,5o0.oo SUBTOTAL V. ROADWAY CONSTRUCTION 1. I 1/2" ASPHALT 3,741 S.Y. $3.00 2. 8" LIMEROCK BASE 3,741 S;Y. ~t.20.. 3.12" STAB. SUBBASE 4,023 S.Y. $1.25 4.2' VALLEY GUTTER 2,303 L.F. $4.00 5. SIGNAGE/STRIPING ILS. $1.000.00 6. STREET LIGHTING 6 EACH $1,000.00 SUBTOTAL $7.800.00 ~2,500.00 ~15,694.00 $21,216.00 $1,500.00 $57,710.00 ~11,223.00 $15,712.00 ~5,028.75 $9,212.00 ,~1 ,ooo.oo $6,000.00 ~48,175.75 3 February 23, 1999 Item #8B1 REVIEW HEARING FOR AN APPEAL OF ROAD AND EMS IMPACT FEES FOR THE REMODELING OF FORMER COMMERCIAL RETAIL USE TO RESTAURANT USE FOR THE MANGROVE CAFe, INC. - STAFF DETERMINATION UPHELD Okay, item 8(B) (1), review hearing for an appeal of road and EMS impact fees for the Mangrove Cafe. MR. KANT: Good morning, commissioners. My name is Edward Kant, I'm transportation services director. This is a rather unusual request in that the owner of the Mangrove Cafe has protested the imposition of additional road impact fees and EMS impact fees for a remodeling of a former interior design store into a portion of the restaurant. In the package there are arguments set forth by his attorney, and the argument is set in opposition to the imposition of the additional fee, and also arguments set forth by staff supporting the additional fee. Rather than take a lot of time and go into somewhat onerous technical detail, I think that we can sum it up by saying that the staff position that the change in use from a commercial use to a restaurant use, which carries with it, based on the ordinances that are in place, an increase in traffic mandates that there be a differential for the increase in traffic in the road impact fee, and also, likewise, in the EMS impact fee. We have an exhibit which shows the original restaurant plus the additional 900 square feet, and we would ask that the board uphold the staff determination that the additional impact fees, both for road and EMS, are appropriate and should be upheld. CHAIRWOMAN MAC'KIE: So perhaps we should hear from the petitioner. Any objections, board members? If not, please, Mr. Vega. MR. VEGA: Good morning, Madam Chairwoman. I'm here on behalf of the Mangrove Cafe, Incorporated. My name is John Vega. I noted earlier in the meeting we honored Val Prince for 25 years with the county. When Val Prince began with the county, his mother, Grace Prince, had owned this building, and it was already 20 years old. This building was built in 1953 or thereabouts. I've filed affidavits with the county attorney to that effect. It's been in a number of guises. At one point it was the Miami Harold offices and distribution center, it's been a stock brokerage firm. This building has had multiple businesses within it for many years. Primarily, at least since I've been in high school, which is going on 20 years, there's been a restaurant in there. There are three points to be made in connection with this petition: As Mr. Kant has noted, there's about 900 square feet, which formerly was Jonathan's Interior Design. Before that it might have been a travel agency, before that it might have been the Miami Harold. The red area at the bottom is retained as offices and bathrooms, and there's a small hallway. The upper portion, which is about 500 square feet, has been turned into a bar expansion. With the prior use being offices for the interior design studio, it would appear that 500 has been changed into bar/restaurant, 400 has remained as offices, bathroom and hallway. Page 30 February 23, 1999 Now, first I note that by looking at the -- well, I don't have the actual calculation, I do not have the staff report, but I do note on B-1 it demonstrates the calculation is based upon commercial retail use and changed to restaurant. The amount of credit you get for commercial retail is not the same as you would get for commercial professional. The prior use was for professional office space, interior design studio. It did have some retail sales out of there, but if anything, that would increase the traffic, not decrease it. Our first point is that if there's a credit given, it should be given for professional use and not for retail. The second point deals with the EMS exemption, which is exemption number one. It's ordinance no. 74-273 sub (1). The exemption says that there will be no EMS impact fee imposed on alterations or replacement which are the -- of a building which are the same size and use. CHAIRWOMAN MAC'KIE: So why don't we pause on that point, because that seems -- that was the point I have a question about, Mr. Kant. Sorry. But I did have a question on that point about the EMS ordinance saying that a change in use doesn't trigger an increased fee. MR. KANT: If I may retrieve my briefcase for one moment. CHAIRWOMAN MAC'KIE: I see, yes. Then go ahead, Mr. Vega. MR. VEGA: Okay. The exemption applies either if the size doesn't change and the use doesn't change. Now, the size obviously hasn't changed, so I'm assuming the trigger is the change in use. CHAIRWOMAN MAC'KIE: Right. MR. VEGA: However, the EMS ordinance is not written for a portion of the building changing in use. If The Registry changes a gift shop into a restaurant, that doesn't trigger it. The ordinance is written for the building itself having a change in use. Now, I can see a logical point that maybe the ordinance ought to say a sub-portion of the building triggers a partial imposition, but that's not how it's written. It's written for the building itself having a change in use. If we're going to interpret it that it does apply to a portion of the building -- which it doesn't say, but let's say it does -- then perhaps it should only apply to the 500 square feet which has changed from office into restaurant, and not apply to the 400 square feet which remain a bathroom and office space. COMMISSIONER CONSTANTINE: How does the wording read? I mean, does it say the entire building? MR. VEGA: It is -- COMMISSIONER CONSTANTINE: Or does it say -- MR. VEGA: -- 74-273. The exemption is -- the following shall be exempted from payment of impact fees: Alterations or replacement of a dwelling unit or building with a new dwelling unit or building of the same size or use, and which will not increase the square footage associated therewith. MR. KANT: I believe -- COMMISSIONER CONSTANTINE: It's a different use, though. MR. KANT: Thank you, Commissioner. I believe that the issue was one of use. And if you go back to the table of EMS impact fees, Page 31 February 23, 1999 section 74-297, there is a significant difference between any of the commercial uses other than restaurant and restaurant use. The typical impact fee structure, ordinance structure that we have, reviews uses on the basis of their intensity of use. In the case of EMS -- and I don't profess to be an expert in the EMS field, but because it follows so closely with the road impact fee ordinance, typically one would anticipate that there would be a higher number of trips or calls or stress on the system, if you will, from a restaurant use than say from a single family or from a retail use. So the staff report again looks at the wording and we relied on the change in use, which triggered the additional EMS and road impact. CHAIRWOMAN MAC'KIE: Does that meet with your legal interpretation, Mr. Weigel? MR. WEIGEL: Yes. MR. VEGA: I do not disagree with their position that this portion of the building has a change of use. I do disagree that the building as a whole has changed from a restaurant to anything other than a restaurant. But my primary point is that if we'll accept that a portion of the building is a change of use, perhaps the fees should only be calculated on that portion which changes and not the portion which remains an office or a bathroom. CHAIRWOMAN MAC'KIE: Kind of makes some sense. MR. KANT: If I may just briefly point out what we're dealing with here. The orange outline is the entire restaurant, including the remodeled area. The smaller orange outline is the remodeled area. The purple is the new partitioning, indicating a new toilet area and a new office area. The -- apparently there was a toilet area in the back here and an office area in the back. And I can remember when the Mangrove Cafe was originally a single bay. So this is new. This is shown on the construction plans as new construction. The fact that it is truly a restroom or an office makes an ancillary use to the restaurant. But the ordinance doesn't distinguish those incidental or ancillary uses when the space is meant to be used for what it's meant to be used for. COMMISSIONER CONSTANTINE: I guess going back to your previous argument, that the flaw in that is if you had a 60,000 square foot building and you kept 500 feet of it in its original use and were altering the other uses, it's not changing the entire building, but clearly it's changing the use. So I've got to agree with Mr. Kant that when you make the change to the use, it does trigger -- triggers some there. And by description, it does appear ~- and I'd like to hear your response to Mr. Kant's comments, but it does appear that the new office space and rest facilities are being used -- are being designed specifically to service the restaurant and bar. MR. VEGA: That is correct. They're no longer used for interior design. I had one final point. I know that I'm over time, but I'm wondering if I could sneak it in since I've shared my time. The road impact fee exemption is quite different than the EMS impact fee. The road impact fee exemption requires that the change not only be a change in use, but increase the number of external trips generated. That is 74-328(2). Page 32 February 23, 1999 The exemption applies to the alteration or expansion of a building if the building use upon completion does not generate greater external trips under the applicable impact fee rate. I furnished two affidavits; an affidavit of the bartender, as well as an affidavit of the owner. Both go to the same point, which is that no one drives to Fifth Avenue to go to the Diva Martini Bar. People sit at the bar while they're waiting for a table at the restaurant, or they sit at the bar after they've had dinner at the restaurant. Or if Fifth Avenue is their destination anyway, perhaps the Sugden Theatre, they may walk in for a drink. But the addition of a bar in this case -- and the affidavit of the bar manager is quite specific as to the people coming into the bar -- these people did not come from somewhere else to drive to Fifth Avenue to go to this bar, they were on Fifth Avenue anyway. So the extent, as far as new trips generated, if there are some, they're very small. And we have saved all the trips that Jonathan's Interiors required, both the employees, the clients and any retail sales. So I don't see that there's any indication of the road impact fee -- now, this would not apply to EMS -- That there is a generation of increased external trips. COMMISSIONER NORRIS: Mr. Kant, road impact fees are based on square footage? MR. KANT: In this particular instance, yes, Commissioner. The restaurant is based -- the impact fee is based on so many square feet for restaurant use, and also a prior in so many square feet for either an office or retail use. COMMISSIONER NORRIS: So -- but my point is that it doesn't matter if you have a 500 square foot restaurant that's set up for 50 seats or if you have a 500 square foot restaurant set up for one table MR. KANT: That's correct, sir. COMMISSIONER NORRIS: -- you're going to pay the same impact fee. MR. KANT: That's correct. COMMISSIONER NORRIS: And I think that negates the point you were trying to make, Mr. Vega. MR. VEGA: May I have clarification as to whether the calculations were from a change from retail or a change from office space? They are separate credits. MR. KANT: Yes, I'll be happy to address that. We recognize that as retail commercial. The information supplied to us, that it was Jonathan's Interior Design, it was not presented to us as a professional office or as a -- anything other than a interior -- commercial interior designer. I'm not particularly familiar with that type of business, but the implication is that there was a significant amount of retail trade, so that was how we classed it. I might also point out that when the initial credit was computed, it was computed for the entire 900 square feet. We didn't pull the restroom or the office out. Typically, the way these are computed are outside wall to outside wall, based on the principal use of the building. We do have a provision in the road impact fee and I believe in the EMS impact fee ordinance for the so-called mixed use, but that's Page 33 February 23, 1999 meant to apply more to a larger development where you have several specific different types of uses, such as perhaps a hotel with a restaurant on the premises that's a separate building. In this case, the office and the restroom were, as I said earlier, considered incidental and ancillary to the main function, that being a restaurant use. COMMISSIONER NORRIS: Any more speakers, Mr. Fernandez? MR. FERNANDEZ: Not on this one. CHAIRWOMAN MAC'KIE: Thank you, Mr. Vega. Is there direction from the board? COMMISSIONER NORRIS: I'll move that we deny the appeal in this case. COMMISSIONER CARTER: Second. COMMISSIONER CONSTANTINE: And uphold staff recommendation? COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Yes. There's a motion and a second. Ail in Passes unanimously. COMMISSIONER CONSTANTINE: I appreciate the effort and I don't blame you at all, but I just don't happen to agree with you on that one. MR. VEGA: Thank you. MR. KANT: Thank you, commissioners. Item #8B2 RESOLUTION 99-149 AND AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION OF A SIDEWALK ALONG U.S. FROM COURTHOUSE SHADOWS EAST TO RATTLESNAKE HAMMOCK ROAD - ADOPTED CHAIRWOMAN MAC'KIE: There's a really exciting item coming up next, which is 8(B) (2) . COMMISSIONER CONSTANTINE: Move the item. CHAIRWOMAN MAC'KIE: Oh, come on, let us talk about it just a little bit. COMMISSIONER NORRIS: Let's talk about it, the East Naples Civic Association and Donna Fiala and Don Hooley and -- CHAIRWOMAN MAC'KIE: A lot of people have done a lot of work. COMMISSIONER CONSTANTINE: We can still talk about it, I just want to move the item. CHAIRWOMAN MAC'KIE: Okay. Just briefly, if you'd introduce it for us, Mr. Kant. MR. KANT: Thank you, commissioners. This is an item to approve an agreement with the Florida Department of Transportation for the installation of a sidewalk along the south side of U.S. 41 from roughly the Courthouse Shadows area to the Rattlesnake Hammock intersection, give or take a few feet. This was a sidewalk which was initially shown when the public hearings were provided by the FDOT back in the early Nineties for the widening of U.S. 41. Somehow the sidewalk didn't show up in the construction plans. Page 34 February 23, 1999 And over the past several years, I know that through the efforts of the East Naples Civic Association and some of the business owners and the county staff, we've worked to try to get this sidewalk brought back into the picture. The execution of this agreement will in effect make us a contractor to the Department of Transportation. We will in turn go out, bid the project, build the project, and the FDOT will reimburse us for it. CHAIRWOMAN MAC'KIE: This could not be a better result, as far as I'm concerned. Other speakers? MR. FERNANDEZ: None. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: No speakers. Got a motion, Commissioner Norris's seconded. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. As an example of when people just won't let go of an issue, you can accomplish something. MR. KANT: Thank you, Commissioners. CHAIRWOMAN MAC'KIE: Good job. Page 35 FEB 2 3 1999 RESOLUTION NO. 99- 149 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR SIDEWALK CONSTRUCTION FROM COURTHOUSE SHADOWS SHOPPING CENTER TO RATTLESNAKE HAMMOCK ROAD ALONG THE SOUTH SIDE OF U.S. 41 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners (BCC) wishes to provide sidewalks along both sides of all major roadways within Collier County; and WHEREAS, the Collier County BCC, after negotiation with the State of Florida Department of Transportation (FDOT, believes that it can assist in providing said sidewalks along the south side of U.S. 41 from the Courthouse Shadows Shopping Center to Rattlesnake Hammock Road; and WHEREAS, the FDOT has agreed to provide funds in the amount of $460,000.00 to pay for said sidewalk, and; WHEREAS, the Collier County BCC believes such an Agreement to be in the best interest of the citizens of Collier County; NOW, THEREFORE, be it resolved by the BCC of Collier County, Florida, that: SECTION 1: The BCC does hereby authorize its Chairwoman to execute an Agreement entitled, "Agreement between the State of Florida Department of Transportation and Collier County for Sidewalk Construction (US 41) from Courthouse Shadows to Rattlesnake Hammock Road", between Collier County and the FDOT, agreeing to construct the said sidewalk in exchange for a reimbursement from the FDOT in the amount of $460,000.00. SECTION 2: This Resolution shall take effect immediately upon its passage. This resolution adopted after motion, second and majority vote favoring same this ~._~rPday of ~)f~t~,,~ ,1999. 0 ATrEST", ,,~. '! ...: :" ", : '; ; '3,' ? ,~pproved as to f6~'n.and l'e~ga) suffi~..e-no~';_' ,..-,--,, .,;., _-~eidt ~. Ash'ton Assistant County Attorney BOARD OF COUNTY COM1VIISSIONERS FEB 2 3 1999 ITEM/SEGa'NO: 1954001 FAP NO: COUNTY: COI,I.IER AGREE1V~ BETWEEN THE '- STATE OF FLORIDA DEPARTMI*.NT OF TRANSPORTATION AND COLI.n*.R COUNTY FOR SIDEWALK CONSTRUCTION (Us41) FROM COURTHOUSE SHADOWS TO RATTLESNAKE HAMMOCK ROAD This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTNffiNT" and COI.I.mR COUNTY, FLORIDA, hereinafter referred to as the "COUNTY". WITNESSETH ~, the COUNTY has the authority to enter into said Agreement and to undertake the ProjeCt hereinafter described; and WHEREAS, said PROIECT is on the State Highway System and the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the DEPAR~ will compensate the COUNTY for costs directly related to the construction of the Project; and WI--II~RF.A~, the COUNTY by Resolution No. ~/~- //-'/q , dated tho~day of ~..~, 199~. of which is attached hereto and made has authorized copy a part hereof, , its officers to enter into this Agreement. NOW TI-m-R~ORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1.a) The COUNTY agrees to undertake construction and construction engineering and inspection services (CEO and the DEPARTMENT agrees to pay for said services, as stated in paragraph 4 herein, provided they are performed in accordance with the terms and conditions of this Agreement. b) The services to be rendered by thc COUNTY shall commence, mbsequent to the execution of this Agreement, upon written notice from the Project Manager or his/her designee ("No~icc to Proceed") and shall be completed within 150 calendar days from the date of said Notice. Said Notice to Proceed shall clearly state that work is to commence after April 15, 1999 (not before). 2. The Project consists of adding 1.8 meter wide, 100 millimeters thick sidewalk to the south side of the roadway (US41) from Courthouse Shadows (M.P.14.360)to Rattlesnake Hammock Road (M.P. 15.851). , ' i ATTACHMENT NO.-OF/ '~.1 ' / --,.-. .... ....... FEB ~ 3 1999 3~ Th~-DEPARTMENT must approve scope of services (prior to advertising by the COUNTY) and the contractor selected for the Project. All work to be performed under this Agreement to be in accordance with the requirements listed in Exhibit "A" and the plans included as Exhibit "B", both attached hereto and by this reference made a part hereof.. . 4. The DEPARTMENT agrees to pay the COUNTY, for construction and construction engineering and inspection services (CEO performed under this Agreement, the amount of FOUR HUNDRF~D SIXTY THOUSAND AND NO/100 DOLLARS ($460,000.00).. 5. The COUNTY shall periodically receive invoices from its contractor for work done as described herein. The COUNTY will submit the invoices and back-up documents, along with a progress report from the contractor to the DEPARTMENT with written substantiation that the invoices are accurate and in accord_ance with the terms of this Agreement. All progress reports accompanying invoices shall describe the work accomplished to date and indicate the percentage of work completed. The DEPARTMF~NT will pay the COUNTY for the entire invoice amount for the actual direct costs (this excludes general and administrative overhead) pertaining to the work, provided the COUNTY certifies it is consistent with the project budget, and is determined to be in order for payment by the DEPARIlVlHNT. Upon receipt of proper invoices as described in paragraph 9 herein, the DEPARTMF2qF will remit payment to the COUNTY. 6. The COUNTY agrees to pwvide project schedule progress repons to the DEPARTMI~NT in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Either party to the Agreement may request and be granted a conference. 7. All tracings, plans, specifications, maps and/or repons prepared or obtained under this Agreement shall be considered work made for him and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the right to visit the site for inspection of the work and the drawings of the COUNTY at any time. 8. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Paul Theberge, P.E. Project Manager Florida Department of Transportation Post Office Box 789 Fen Myers, Florida 33902-0789 TO COUNTY: Edward ~I. Kant, P.E., Director Transportation Services Department Collier County 3301 ~__st Tamiami Trail Naples, Florida 34112 9. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 2 IATTACHNIENT NO .... , |PAGE ..7_~ OF_ ? FEB 2 3 1999 Co) Bills for travel expenses specifically authorized in this Agn~ment shall be submitted and paid in accordance with Section 112.061, Florida Statutes. (c) The COUNTY shsll allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shah be grounds for immediate unilateral cancellation of this Agreement by the (d) ff this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payment. (e) The DEPAR~ agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (f) Vendors (in this document identified as COUNTY) providing goods and services to the DEPARTIV~NT should be aware of the following time frames. Upon. receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agre6ment specifies otherwise. The DEPARTMI~.NT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (g) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (h) A Vendor Ombudsman his been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely paymenf(s) from a state agency, The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. (i) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTIVm~wr at all times during the period of this Agreement and for three years after f'mal payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the contractor general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractor(s) performing work on the project, 3 1999 and all other records of the contractor and subcontractor(s) considered necessm~ by the DEPAR'I'IVlF~ for a proper audit of costs. (j) The DEPARTMENT, during any fiscal year, shall not expend money, in~ur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is nutl and void, and no money may be paid on such contract. The DEPARTNI'F. NT shall require a statement from the Comptroller of the DEPARTE4'F. NT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Acco~ingiy, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. (lc) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (1) The COUNTY shall not sublet, assign or transfer any work under this Agrex:ment without the prior written consent of the DEPARTNI~NT. (m) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. (n) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DtZPARTMIZNT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPAR~ with respect to such breach or default. (o) 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 any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of the Agreement shall be in Leon County, Florida. 4 ATTACHMENT NO PAC_IE '~ FF_ 2 3 tq9 o (q) The COUNTY shall can'y and keep in force, during the period of this Agreement, insurance policy(les) to protect the DEPARTMENT as required by Section 7-12 and 7-13, Standard Specifications for Road and Bridge Construction 1999, as amended. (r) Thc COUNTY shall comply with all federal, state and local laws and ordinances applicable to thc work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, national origin, or physical disability in the performance of work under this Contract. 10. a) This Agreement may be canceled in whole or in part any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMFNT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMgNT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMgNT. , If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPAR3WrRNT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such'payment, however, may not exceed an amoum which is the same percentage of the contract price as the amount of work satisfactorily completed ia a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMF~NT and will be turned over promptly by the COUNTY. 11. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. ATTACHMENT NO .... / ~ nc FEB ~ 3 1999 12. a) To the extent allowed by Section '768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless'the DEI~ARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its oh~icers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPAR~ or any of its officers, agents or employees. The parties agree that 1% of the total compensation to the COUNTY for performance of this Agreement is the specific consideration from the DEPARTMF~NT to the COUNTY for the COUNTY's indemnity agreement. b) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors Who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of:any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees 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 DEPARTMENT or any of its officers, agents or employees." 13. This Agreement shall continue in effect and be binding on the parties until the Project is completed, final costs are known, the DEPAR~ has given the COUNTY written notice of final acceptance and all legislatively appropriated payments, if approved, are made by the 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon My prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in 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. 6 IN wrrNF_~S WHEREOF the COIYNTY has caused this Agreement to be executed in its behalf this ~g~--day of ' ,./ , 1999, Chairperson of the Board of ~ by the Commissioners, authorized to enter into and execute same by Resolution Number 9P"/~/~ of the Board on they of ...~ , 1999, and the DEPARTMENT has executed this Agreen!t~Ilt through it~ District Secretary for District One, Florida Depaxtment of Transportation, this ~ day of /~,_/,~. ~e~) , 1999. BOARD OF COUNTY COMMISSIONERS STATE OF FLO1HDA COLLIER COUNTY, FLORIDA DEPAR~ OF TRANSPORTATION ' ' :"~'C~ERSON h DISTRICT SF'CRETARY ~'~'N :'~D~Gt'FF~:!E;:BR~CK, C~ h ? · ::.:?t' "~:' '. e-.,. x /'/ , ? ..~ Approved as to fo~m and legalsuff~ciency: ~ / ~ho,as ;~m Y ~ss~staat Collie: County Attorney m~--t''' ~ / Approved as to Form and Legality: cY imoe COu sm H:\USERS~LO 150RL\WHC~LEGAL~AO~.COL 7 FEB 2 3 EXtIIBIT "A" All proposals, plans, specifications, environmental permits, acquisition, construction, reconstruction or improvement of facilities or equipment within or connecting to State Owned Right of Way shall comply with the following: a) Section 287.055, F. S. "Consultants' Competitive Negotiations Act". b) FDOT "Project Development and Environment Manual". c) Section 404 of the Clean Water Act, Wetlands Permitting Program (U.S.A.C.O.E.). d) Rule Chapter 62-312 FAC, Dredge and Fill Activities (DF, P). e) Rule Chapter 40D-4 and 40D-40, Surface Water Management (S.W.F.W.M.D.), as applicable. f) Rule Chapter 40E-4 and 40E-40, Surface Water Management (S.F.W.M.D.), as applicable. g) A policy on Geometric Design of Highways and Streets (AASHTO) 1990, as amended. h) Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida, 1994 Fadition, "Green Book". i) Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations for Streets and Highways on State Maintained Systems, 1994, as amended. j) Florida Department of Transportation Roadway Plans Preparation Manual (2 Volumes), 1989, as amended. k) Manual on Uniform Traffic Control Devices, 1988 Fadition. 1) Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991, as amended. m) Structures Standard Drawings, FDOT, 1996 Edition. n) Florida Department of Transportation Structures Design Guidelines, 1987, as amended. o) Rule Chapter 14-96, Florida Administrative Code (FAC), State Highway System Connection Permits, Administrative Process and Rule Chapter 14-97 FAC, State Highway System 8 Access Management Classification System and Standards. p) Rule Chapter 14-86 FAC, Drainage Connections. q) State of Florida Department of Transportation Drainage Manual, 1996, as amended. r) Minimum Specifications for Traffic Control Signals and Devices, 1994. s) Florida Statutes regulating acquisition of right-of-way for transportation facilities, including, but not limited to Chapters 73, 74, 287, 336, 337, 339 F. S. t) Title 23, Code of Federal Regulations, Chapter 1, Subehapter A, Part 1, Section 1.23 and Subchapter H, Part 710, Subparts B, C. & D. EXHIBIT "B" ON FILE AT THE CLERK TO THE BOARD OFFICE H:\USP. RS\LO 150RL\WHC~LEGAL~I~XHIB2.I~qO 9 COLLIER COUNTY PUBLIC WORKS ENGINEERING DEPARTMENT MEMORANDUM Date: January 28, 1999 To: Ed Kant, P.E., Transportation Director From: Mitch Momtaz, . . Project Manager RE: U.S. 41 sidewalk (1.5 miles) Cost Estimate The estimated grand total cost of the project is $541,323, which is $109,323 more than what the State is proposing to pay. U.S. 41 sidewalk project begins at Courthouse Shadows and extends to Rattlesnake Hammock Rd, a distance of approximately 1.5 miles. We used the average cost of available information for similar projects to compile the attached spreadsheet. Please note, due to time constraint, where item price was not available or very close to that of the consultant's, the same was used. An assumption was made that construction will last 120 calendar days. We also assumed the construction lay out will be the responsibility of the contractor(to be performed by a registered land surveyor). This will be included in the bid document though will not appear as a separate item. It is assumed that testing for the project will be performed by an independent laboratory at the owner's expense. This will not relieve the contractor from his responsibility to provide the County with acceptable material or product. CC: JeffBibby, P.E., Director PWED Rich Hellriegel, P.E., Sr. Project Manager ATTACHMENT NO. PAGE / OF ~ / Sheet1 FEB ~ 3 1999 US 41 SIDEWALK(1.5 miles) COST ESTIMATE DESCRIPTION UNIT QTY UN IT PRICE AMOUNT MOBILIZATION LS 1 $30,000.00 MOT LS I $15,000.00 WORK SIGNS LS 1 $810.00 BARRICADES LS 1 $1,488.00 WARN SIGN LS 1 $1,500.00 SIGN W/LIGHT LS 1 $1,530.00 MOWING AC 1 $33.00 HAY BALES EA 288 $5.00 TURBIDITY FT 132 $5.00 CLEAR & GRUB LS I S71,000.00 REMOVE CONCRETE YD2 34 $10.00 EMBANKMENT YD3 2082 $10.00 BASE OPTIONAL YD2 27 $18.00 TACK COAT GAL 3 $5.00 ASPHALT TYPE S TN 4.2 $100.00 FC-3 TN 2 $100.00 MISC ASPHALT TN 2.8 $100.00 CONC( RET WALL)CLASS I YD3 182 $300.00 INLET TYPE C EA 2 $1,000.00 INLETS TYPE E EA 1 S1,500.00 INLETS TYPE G EA 1 S1,800.00 MANHOLES (P-8) EA 1 $1,500.00 CONC PIPE 18".SS FT 56 $27.00 CONC PiPE 18" SD FT 32 $25.00 CONC PIPE 36" SD FT 56 $48.00 CONC PIPE 24"X38" SS FT 80 . $50.00 CONC PIPE 24"X38" CD FT 24 $50.00 CONC PIPE 19"X30" SD FT 144 $40.00 CONC PIPE 24"X38" SD FT 56 $45.00 MES 18" EA 1 $400.00 MES 36" EA 2 $1,100.00 MES 19'X30" EA 4 $900.00 MES 24"X38" EA 2 $1,200.00 PIPE HANDRAIL FT 942 $40.00 CURB & GUq-FER FT 150 $10.00 SIDEWALK CONC 4" THICK YD2 4356 $20.00 $30,000.00 $15,000.00 $810.00 $1,488.00 $1,500.00 $1,530.00 $33.00 $1,440.00 $660.00 $71,000.00 $340.00 $20,820.00 $486.00 $15.00 $420.00 $200,00 S280.00 $54 600.00 $2,000.00 $1 500.00 $1 800.00 $1 500.00 $1 512.00 $800.00 $2,688.00 $4,000.00 $1,200.00 $5,760.00 $2,520.00 $400.00 $2,2OO.O0 $3,600.00 $2,40O.OO $37,680.00 $1,5OO.0O $87,120.00 I Page 1 ' A~TACHMENT NO. 7_. IPAGE "z_ 0-~ ._-~.~__ ....... Sheet1 FEB 2 3 1999 US 41 SIDEWALK(1.5 miles) COST ESTIMATE DESCRIPTION FERTELIZER WATER IN 1000 SODDING REMOVE MARKING TRAFFIC STRIPE SOLID 12" TRAFFIC STRIPE SOLID 24" GROUNDING CONDUIT CONDUIT (JACKED) CABLE SIGNAL PULL BOX SIGNAL TRAFFIC PED SIGNAL PED SIGNAL SIGNAL HEAD AUX LOOP ASSEMBLY DET PEDESTRIAN SIGNAL HEAD REMOVAL PED SIGNAL HEAD REMOV PED SIGNAL REMOVAL DETECTOR REMOVAL UNIT~ QTY UN IT PRICE AMOUNT TN 1 .$200.00 $200.00 GAL 130 $10.00 $1,300.00 YD2 21000 $1.50 $31,500.00 FT2 175 $2.00 $350.00 FT 2960 $1.25 $3,700.00 FT 70 $3.00 $210.00 FT 345 $4.00 $1,380.00 FT 250 $3.00 $750.00 FT 1600 $20.00 $32,000.00 Pi 5 $1,700.00 $8,500.00 EA 17 ,$175.00 $2,975.00 AS 3 $381.00 $1,143.00 AS 7 $302.00 $2,114.00 AS 8 $600.00 $4,800.00 EA 9 $324.00 S2,916.00 AS I $419.00 $419.00 EA 23 $75.00 $1,725.00 EA 2 $28.00 $56.00 EA 3 $20.00 $60.00 EA 3 $88.00 $264.00 EA 3 $14.00 $42.00 SUBTOTAL1 $457,206.00 INSPECTION TESTING PROJECT MANAGEMENT CONTINGENCY HRS 500 $55.00 $27,500.00 LS I $15,000.00 $15,000.00 HRS 240 $66.00 $15,840.00 SUBTOTAL2 $515,546.00 LS 1 $25,777.30 $25,777.30 GRAND TOTAL $541,323.30 ATTACHMENT NO. ?~E ~__~ .... February 23, 1999 Item #8B3 STAFF RECOMMENDATION REGARDING SEWER SERVICE TO THE ISLE OF CAPRI - APPROVED Let's see, item 8(B) (3), board direction on sewer service to Isle of Capri. COMMISSIONER CONSTANTINE: This looks like a no-brainer, but I thought maybe Commissioner Norris would tell us if there's any reason to object to this. COMMISSIONER NORRIS: Well, there was -- there's really no reason to object to it. The citizens on Isle of Capri are concerned that they'll be forced to connect. That's not the case. MR. FINN: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes. MR. FINN: For the record, Edward Finn, public works operations director. The proposal, Commissioner, involves Florida Water Services providing some service to the Island through a small diameter high-pressured type force main. It is a more cost-effective approach than could be provided by the Collier County Water Sewer District. To answer your specific question, Florida Water Services cannot require properties to connect to their system. CHAIRWOMAN MAC'KIE: So it's an availability -- it's an opt in kind of a program. MR. FINN: As I understand it, yes, at a lower cost than we could provide. COMMISSIONER CARTER: Do they have the capability to take all that wants to join? MR. FINN: I cannot answer that; I do not know. MR. NEALE: For the record, I'm Patrick Neale. I represent Florida Water. And either through the current wastewater treatment facility for Marco Shores or planned expansions that would come forth if the people sign on, there would be the capacity there. And Florida Water certainly has the capital structure and ability to be able to expand to meet the needs of the consumers out there. COMMISSIONER CARTER: In the event of an emergency, do you have generators to run the lift station? MR. NEALE: Yes, they're all provided, so -- COMMISSIONER CARTER: Okay, thank you. COMMISSIONER NORRIS: You're saying then, Mr. Neale, that the line itself would have the ultimate capacity to carry the island's residents, if -- MR. NEALE: To the projected numbers of connections that are on the applications, yes. COMMISSIONER NORRIS: The other question is, are we ~- Mr. Finn, are we -- it says in the material here that we are incorporating that area into the Florida Water Services and out of county hands. MR. FINN: Yes, sir, for wastewater service only. COMMISSIONER NORRIS: That sounds fairly permanent. Is there any opportunity for something like a lease arrangement or something, in case we want to make adjustments sometime late in the future? Page 36 February 23, 1999 MR. FINN: If the board directs us to explore that option, I suspect that we can come to submittal ground. It might give the board some option to buy back onto the island after making Florida Water Services whole. That alternative, however, has not been explored yet. MR. NEALE: It's one that my client hasn't really reviewed. I don't think it's something that they would be terribly interested in, but I don't have any way of commenting on that right now. CHAIRWOMAN MAC'KIE: How serious is that concern? Why might we want to take it back? Just help me understand there. COMMISSIONER NORRIS: Well, there's always the potential of in the future a buy-out of Florida Water Services or some other expansion of Collier County wastewater services down in that area. You know, Fiddler's Creek is not far away, that sort of thing. And this just seems like sort of a permanent arrangement. And I'm not sure that that's exactly what we want to do. I don't have a strong objection to it, but I just was wondering if perhaps we might want to keep an option open. CHAIRWOMAN MAC'KIE: How could we -- is there direction? We would want to give staff direction to spend the next couple of weeks seeing if they can come into a lease agreement instead of -- COMMISSIONER NORRIS: I don't want to hold up the agreement. I just was curious about that, if we can -- if the board thinks that might be prudent or staff has any comment on that. MR. FINN: If I could, Madam Chairman, just add a little bit on this. A typical purchase price for wastewater units are about $400 a unit. There is approximately 900 units at build-out down there. So we're talking about really a buy-out value of about $360,000 to buy this territory if it was a situation where we're looking at a value. COMMISSIONER NORRIS: Okay. Well, that's fine. I don't want to hold it up, then. COMMISSIONER CARTER: What will the assessment be to the users? Has that been calculated? MR. FINN: I have an estimate, based on the information Florida Waters provided. On a per user basis or ERC basis, it would be about $2,700, $2,700, plus an $800 connection or impact type fee, bringing the total to about $3,500. MR. NEALE: And as we noted before, that's not mandatory on anyone, that's if they have the line in front of their house and they want to hook up, they're more than welcome to, but it's not mandatory. CHAIRWOMAN MAC'KIE: did this -- COMMISSIONER NORRIS: Condominiums? CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: What was the impetus for this matter? How If you'll remember the La Peninsula Yes. They had trouble with their wastewater system for ages, and so this is really the only way to cure it. MR. NEALE: They're operating under a DEP consent decree right now, so -- CHAIRWOMAN MAC'KIE: I see. COMMISSIONER NORRIS: So the line is to service that condominium project. CHAIRWOMAN MAC'KIE: Do we have speakers on this item? MR. FERNANDEZ: The only speaker was Mr. Neale. CHAIRWOMAN MAC'KIE: Any other questions from the board? Page 37 February 23, 1999 Motion? COMMISSIONER CONSTANTINE: Motion to approve. COMMISSIONER NORRIS: There was a motion. CHAIRWOMAN MAC'KIE: Do we? I'm sorry. Who made the second? COMMISSIONER CARTER: I'll second. CHAIRWOMAN MAC'KIE: There you go. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. MR. FINN: Thank you. MR. NEALE: Thank you, commissioners. COMMISSIONER BERRY: Do we need a break, Madam Chairman? CHAIRWOMAN MAC,KIE: I bet our court reporter does. Thank you for mentioning that. Let's take a 10-minute break. Be back at 10:40. (Recess.) CHAIRWOMAN MAC'KIE: As usual, our 10 minutes becomes 15. We're going to call the meeting of the County Commission back to order, February 23rd, 1999. Page 38 February 23, 1999 Item #8C1 AMEND THE SKATE PARK CONCESSION AGREEMENT NO ACTION The next item on our agenda is 8(C) (1). Has to do with amending the skate park concession agreement. MS. RAMSEY: Good morning, commissioners. I'm Marla Ramsey, the director of parks and recreation. There is a request by the concessionaire of the Sanctuary Skate Park, who is Sparrow Ventures, Inc., to add an amendment to their contract to include a non-compete clause, and that's what I've brought before you today. It did go to PARAB. PARAB has recommended it. CHAIRWOMAN MAC'KIE: I know that they recommended against the funding to the City of Naples, so I'm not sure if we adopt this that we might be adopting a policy in contravention of our earlier decision. Do you have advice on that? MS. RAMSEY: I would think yes, that you would be adopting something that would be opposite of what you've done in the past. I don't -- I had requested that someone from Sparrow Ventures be here. I'm not sure if they're in the room to speak on their behalf or not. CHAIRWOMAN MAC'KIE: Anybody here on behalf of the concessionaire? My recommendation, or my vote anyway to the board would be that we can't -- it would be wrong for us to do this, because it could obviate our ability to make decisions similar to the one that we made on this last budget cycle with regard with funding -- you know, the small amount of funding that we gave to the City of Naples Skate Park. Your thought, Commissioner? COMMISSIONER CONSTANTINE: Does staff have a recommendation? MS. RAMSEY: No, I don't necessarily have a recommendation. I do know that -- I have some information that I could maybe share, is that since the skate park has been at the -- Fleischmann Park has been revamped or redone, that the enrollment numbers at the sanctuary have been down significantly. And the concessionaire's concern is, is that if the county is funding the competition, so to speak, it reduces her ability to produce revenue. That revenue comes back to the county in a percentage of seven percent, which we use then to try and continue to maintain the quality of that particular location. CHAIRWOMAN MAC'KIE: I saw this as sort of the pair of making a point to us that they told us this was a bad idea because it might hurt the revenues on our skate park, and now they're kind of making the point that we were right, it has. Mr. Olliff? MR. OLLIFF: For the record, Tom Olliff, public services administrator. If you're looking for a recommendation, I think the staff recommendation in this case would be that you acknowledge and recognize the fact that there is a revenue issue associated with your existing skate park. I don't know that you want to physically tie your own hands in a contract that you have with a concessionaire, but that you just simply acknowledge the fact that there is an issue there, and when those kinds of funding requests for our competitive type skate parks come in Page 39 February 23, 1999 front of you, we'll make it our point to remind you of that. And I think we can a leave the system functioninH that way without havinH a formal contract amendment. CHAIRWOMAN MAC'KIE: Is there a -- are there speakers on this item? MR. FERNANDEZ: There are none. CHAIRWOMAN MAC'KIE: Is there a motion from the board? COMMISSIONER CONSTANTINE: No action required. CHAIRWOMAN MAC'KIE: Well, no, okay, no action required. Just informational and we are not amendinH, so the status quo will continue. Item #8C2 RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIVE OR PURCHASE OF THE SIMPLE TITLE INTERESTS FOR PROPERTIES ADJACENT TO THE EXISTING LANDFILL IN TOWNSHIP 49S, RANGE 26E, SECTION 25 FOR PUBLIC RECREATIONAL PURPOSES - CONTINUED PENDING THE LANDFILL WORKSHOP Okay, to another exciting and interesting issue is 8(D) (1). Has to do with the leasing of office space. MR. FERNANDEZ: Madam Chair? COMMISSIONER NORRIS: I though there was a -- CHAIRWOMAN MAC'KIE: Oh, I'm so sorry, Commissioners Carter. Forgive me. 16(C) (2) you had pulled from the consent agenda, Commissioner. COMMISSIONER CARTER: Yes. The reason I pulled that is that I'm not against acquiring the land, I'm questioning the source of which we're going to purchase it from. It is my understanding that all that other property was built -- was purchased from the landfill reserve, and I believe that the acquiring of these additional properties should come from the same funding source so that we don't mix apples with oranges. CHAIRWOMAN MAC'KIE: I would agree with that. I appreciate you pulling it off, just because if -- no matter what the use, if the use turns out on that adjacent property to be parks, then we're going to have to deal with that as to the entire parcel, instead of having to deal with it as to smaller parcels. COMMISSIONER CARTER: Smaller parcels. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: Well, I guess if we're going -- if we mean what we say in our resolution approving this, then it's not if we do it as parks, because it doesn't say once, it doesn't say twice, but it actually says five times for recreational purposes, for public recreational purposes, and so on. CHAIRWOMAN MAC'KIE: I guess that's why it's pulled off the consent. COMMISSIONER CONSTANTINE: Right. And so I -- and I had asked Mr. Weigel about this earlier in the week, or actually last week, for that very reason. It doesn't make much sense to me to say well, we're going to use it for a park but we'll buy it out of solid waste and then we'll reimburse later so it will all be one transaction, because if it's the parks and you have to purchase the remaining property, that's only going to be one transaction anyway, so -- but more Page 40 February 23, 1999 importantly, I'd ask Mr. Weigel from a legal standpoint what we're dealing with here. MR. WEIGEL: Thank you. The board is on record previously of indicating a recreational use for this acreage adjacent to the current landfill; therefore, the resolution before you today is a correct resolution, unless the board changes direction for its determination of use for the land. The history is that originally the -- much of this acreage, save for the six parcels, was purchased with Solid Waste Enterprise fund money for purposes of potential enlargement of the landfill, and the board years ago changed from that, declared the property surplus for a period of time, and then subsequent to that, determined that it was to have a recreational use. So the purchase of this property for recreational use, if it should be endorsed at this point, could appropriately come from the parks and rec. funding presently. But there is a reckoning that must occur ultimately, and that is if the park is to be used for recreational purposes, that the parks and rec. fund must reimburse the Solid Waste Enterprise fund at some point -- CHAIRWOMAN MAC'KIE: As to the amount of the property. MR. WEIGEL: -- in the future. Yeah, the previous purchased property. CHAIRWOMAN MAC'KIE: I guess I wonder if there's interest on the board to -- because we did give this direction that Mr. Weigel discuss this, and I haven't heard anything contrary to it. And I'm going to support a recreational use of that land. But I wonder if we ought to wait until our workshop -- just postpone this item until the workshop to see -- maybe there's going to be a need that, you know, for 30 years it's used as recreational with the option of some day later coming back in as potential other uses for the county, including land filling. Just, I'd hate to close off all possibilities at this point. COMMISSIONER CARTER: Well, that's my concern, Commissioner Mac'Kie. I'm not willing to go and say that this will definitely be a recreational use. I want those options open until we have an after the landfill workshop, and then we'll have a clear direction. And so I would agree with you, either we pull it and we don't make a decision today, or if we do make that decision to purchase those pieces, I think it still needs to come from the landfill reserves. COMMISSIONER CONSTANTINE: I'd like to see if the majority of the board agrees with that position, because in the past the board has indicated this will be recreational. The board gave direction for our staff to pursue engineering bids and so on for that purpose, and to pursue getting the property for that purpose, and we're following that direction. I've heard what sounds like more than a majority of commissioners say they support using it for recreational purposes. So why we would put the brakes on that now, I don't know. CHAIRWOMAN MAC'KIE: Commissioner Norris wants to be heard. COMMISSIONER NORRIS: Well, I don't see that there's any particular urgency to this. I think we should go through our landfill workshop process and make some decisions, and then we'll talk about this again. So I'll make a motion to continue indefinitely. COMMISSIONER CONSTANTINE: Pending our -- Page 41 February 23, 1999 COMMISSIONER NORRIS: Pending our -- COMMISSIONER CONSTANTINE: -- workshop? COMMISSIONER NORRIS: -- workshop and potential results of what we may want -- COMMISSIONER CONSTANTINE: I'll second that. COMMISSIONER NORRIS: -- action later. CHAIRWOMAN MAC'KIE: Any discussion on that motion? Did anyone register to speak on this item? MR. FERNANDEZ: Yes, you have one speaker, Cheryle Newman. MS. NEWMAN: I guess I'll decline for now and wait until it comes back up. CHAIRWOMAN MAC'KIE: Okay. Let the record reflect she has declined for now. Motion and a second for continuation pending our workshop. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Thank you, Commissioner Carter, for catching that. Item #8D1 AUTHORIZATION TO REQUEST COMPETITIVE PROPOSALS FOR THE CONSTRUCTION OF AN OFFICE BUILDING - REAL PROPERTY DIRECTOR AND SHERIFF TO WORK TOGETHER TO DETERMINE WHAT IS AVAILABLE FOR LEASE, GET MODULARS FOR ON-SITE USE AND TO MOVE FORWARD WITH RFP FOR NEW BUILDING WITHIN APPROXIMATELY 2 MILES OF THE DEVELOPMENT SERVICES BUILDING - MOTION TO DENY PREVIOUS DETERMINATION MADE BY BOARD - FURTHER ACTION TAKEN UNDER ITEM #14 And now, we will go to the lease item, 8(D) (1). COMMISSIONER CONSTANTINE: Speaking only on behalf of -- CHAIRWOMAN MAC'KIE: Yeah, speaking on my personal behalf, thank you for catching that. COMMISSIONER CARTER: You're more than welcome. MR. OCHS: Good morning, commissioners. For the record, Leo Ochs, your support services administrator. The item before you today is a result of a reconsideration motion passed by the board at their last board meeting in which staff was directed to solicit competitive proposals for leased finished office space to house your public works administration and other related operations in a 60,000 square foot leased office facility. We received nine responses to our solicitation; one of which was considered to be non-responsive because it only proposed about 5,000 square feet of leased space. The other eight proposals have been summarized for you, and you've been given that information. At this point, we await your decision and are available to answer any questions that you might have. We've laid out criteria that we believe has been important to the board, based on previous discussions. CHAIRWOMAN MAC'KIE: As much as I generally want short staff reports, this spreadsheet that we got -- you guys may have gotten it yesterday, it's the date on its receipt, but I've gotten it today and am not familiar enough to be able to go through and say which ones -- Page 42 February 23, 1999 COMMISSIONER CONSTANTINE: Can we take a time out while we find that, because I don't have it here at all. CHAIRWOMAN MAC'KIE: It has this as a cover sheet. COMMISSIONER CARTER: Right here. CHAIRWOMAN MAC'KIE: There you go. Got it. Does everybody have it now? Do others on the board want to -- I mean, do you want to take a time out and go over and read it yourself, or should we have staff give us kind of a rundown on it? COMMISSIONER CONSTANTINE: Can I just make a suggestion? I know we've got a long agenda today, but this is a pretty important item and I'd like to hear staff run through each of these. And then frankly, I'd like to afford no more than the regular five minutes, but I'd like to afford each of the folks who are interested in providing this service a chance, because we've been on a compressed time frame and the process has been altered a little bit from what we usually do. And I'd like to hear from them, so if there's any special features that don't come out on a little 8 by 11 graph, that we could hear that. CHAIRWOMAN MAC'KIE: I agree, we would want to hear from each of the proponents. And maybe, Leo, you could just give us a brief rundown -- MR. OCHS: Sure. CHAIRWOMAN MAC,KIE: -- since we haven't had the chance to look this over carefully. MR. OCHS: Yes. Basically what we've done is summarize the proposals based on the amount of square footage proposed, the date available for the occupants. Then there's a third column where the staff gives their estimate of occupancy based on our own internal estimate of what it would take to complete design and permitting and lease negotiations. You see the lease term proposed by each of the proposers. That's the minimum lease term proposed. The cost of rental per square foot; and then additional monthly fees for common area of maintenance charges where those apply. And then we've just extended that out over the term of the agreement, based on the different lease terms proposed by the eight different companies. And in the final column of your summary sheet, you'll see the total estimated lease cost for the term of the lease, the minimum term offered by each proposer. CHAIRWOMAN MAC'KIE: So basically, if I can just kind of -- it looks like the square foot rental, well, has some variation, mostly in cam. But when we look at your -- can you rank them least to most expensive, or do you think they are all pretty much the same in cost? MR. OCHS: Again, let me just try to summarize it. Again, looking at the spread sheet, it looks like the earliest that we could expect to occupy any of these facilities is somewhere in the vicinity of eight to nine to 10 months. The minimum term offered is somewhere -- it ranges obviously from two years all the way to 20 years. CHAIRWOMAN MAC'KIE: Actually, Leo, I was going to ask you those other questions, but I was hoping you could tell me just the first question. On price, are they similar? It appears to me that they -- MR. OCHS: Yes. Page 43 February 23, 1999 CHAIRWOMAN MAC'KIE: -- are. MR. OCHS: Yeah, they're very similar in price. CHAIRWOMAN MAC'KIE: So the next question I had was it looks like there's one that says they can get us in there, date available, first floor five months from permit. Second floor, two months from first floor. The others -- that seems to be the shortest term. And then there are one, two, three, four that say six months, but from site selection or permit. So as I'm trying to rank them, first by price and then by timing, which is the essential element here -- yeah, I like these, upon CO. Those just don't get us anywhere. MR. OCHS: I think the other item that might be important, based on the board's previous discussion, would be the minimum term of the lease. CHAIRWOMAN MAC'KIE: Yes. MR. OCHS: Because in our prior discussion on this two weeks ago, the board directed us not only to solicit these lease proposals, but also be looking forward to an RFP to go out subsequently where the board could ultimately own a building, if that was continuing to be the board's desire there. COMMISSIONER CONSTANTINE: Yeah, can you clarify that? Because we've talked about two or three scenarios: First where we'd just be in for a limited amount of time, and that was for the Sheriff's Department. And then we were switching that around to okay, it will be Mr. Ilschner's folks would be in there permanently or for some long period of time. At this point, are we looking -- it sounds like we're looking for something for long-term lease or even the possibility of owning. MR. OCHS: That's correct. Commissioner, again, our staff recommendation is unchanged from what it was two weeks ago, and that was to do a design build project where the board would own the building and house your public works division in there on a permanent basis, thus freeing up square footage on the government center here to relocate the occupants of building A on an interim basis. CHAIRWOMAN MAC'KIE: If I may, that's absolutely the right thing to do. COMMISSIONER CONSTANTINE: Yeah. CHAIRWOMAN MAC'KIE: The only question I have about that is what is the level of emergency in the current condition of building A? Because if it is a severe emergency, then we have to do something that's less than the best thing. MR. OCHS: Yeah, I believe you received a memo recently from your County Attorney's Office on that particular issue, and again, I can only reiterate what I said to you a couple of weeks ago about the report from your indoor air consultant. CHAIRWOMAN MAC'KIE: Say it again. Indoor air says that it's okay? MR. OCHS: Says the building is fit or occupancy. Had recommended four additional improvements be made to the building. We are pursuing those, if the board would approve those today. And based on that, we recommended that we go ahead and build the building that you would own. Looking at again the third column of this summary, using the staff's estimate of occupancy on just a straight lease building, you're only going to gain three, maybe four months~ from what you would have if you built and owned the building. Page 44 February 23, 1999 COMMISSIONER CONSTANTINE: Did I -- do I remember incorrectly, or did that memorandum also talk specifically about relocating those employees who are having trouble? Because regardless of what an air study may or may not say, if there are people who are experiencing difficulty -- MR. OCHS: Sure. COMMISSIONER CONSTANTINE: -- we want to make sure we take care of them. MR. OCHS: Absolutely. What the executive summary said two weeks ago was that we had made some contingency plans with our building officials to provide some modular space here on the government center up to about 2,500 square feet where we could relocate individuals out of building A on a case-by-case basis, if that was a requirement. I know there's been about five people that have already been moved to different office settings out of that building, based on a request from their physician. COMMISSIONER CONSTANTINE: Because it just -- it sounds like we may be able to -- you were saying gosh, we want to still try to do the best thing. It sounds like we may be able to still pursue the best thing and equally and perhaps more importantly take care of those people. MR. OCHS: Yes, sir. CHAIRWOMAN MAC'KIE: And that's what I'm going to want to hear about. I know Mr. Fernandez told me that he had offered space to approximately seven Sheriff's employees, and they were already relocated. And frankly I said, you know, put some people in our conference room if it isn't used. Put some people in my office. You know, there's got to be -- COMMISSIONER CONSTANTINE: Her office isn't used. CHAIRWOMAN MAC'KIE: Hey, watch it. MR. FERNANDEZ: Madam Chairwoman? Mr. McNees has had direct contact with the Sheriff's Office regarding that. I think we have an update to that report that Mr. McNees can give us at this time. CHAIRWOMAN MAC'KIE: Thanks. MR. McNEES: Just because I think it's germane to this issue. Mike McNees from the county administrator's office. I have spoken to representatives of the Sheriff's Office who indicated they did have a critical need to house as many people as we could, six to eight people, from another agency, people who are not located in building A. I said to them we can make some space available. It will be up to you to determine the priority. I was told the highest priority is not to move more people out of building A. And that would lead us to believe that it's not at this point a critical week-to-week issue. CHAIRWOMAN MAC'KIE: So if we had -- and I assume that we do have the option of modular space -- that's basically a fancy word for trailers, right? MR. OCHS: Yes. CHAIRWOMAN MAC'KIE: trailers on? MR. McNEES: Yes. CHAIRWOMAN MAC'KIE: And we have a place where we could put There's room for them. Page 45 February 23, 1999 It seems to me that to the extent there are staff people who are in crises, whether it's a legal crisis or, you know, a technical crisis, but it is for them uncomfortable, that if there is that need, that the modular office space is a good short-term alternative. COMMISSIONER CONSTANTINE: And that allows us then to assess -- CHAIRWOMAN MAC'KIE: Do the right thing. COMMISSIONER CONSTANTINE: -- this for the best long-term -- COMMISSIONER BERRY: To do it properly. I think that in the long run, we have a space plan. I think we need to follow that space plan, put out an RFP regarding the -- whatever the needs are for this particular new facility, and go in that direction. And I think by doing anything less, I think unfortunately we got caught up in a lot of other things here, but I think we need to get back on track and go back to looking at what the space plan is and pursuing it in the right format. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: One other quick question and that is each one of these shows a lease term. Are any of these available or desirable for purchase? Can we do that, do we want to do that, do we have any interest in doing that? MR. OCHS: Several of the proposers indicated that the building could be purchased at any time during the term of the lease. Certainly these are the types of firms that we would hope would give us a proposal on an RFP for a design/build project. And we have every expectation that most of them would. COMMISSIONER CARTER: We really don't -- if we're going to design to build, I mean, it's the same people, it doesn't take any longer to put up a design to build building as it takes to put up a building to lease, it? MR. OCHS: No, the only difference is we are completing the full programming of the interior of that building for the intended occupants, which is the public works group. We don't have that finished. At this point, just for purposes of getting this on the agenda today, for example, Commissioner, we told them to give us a proposal based on a mix of 50 percent open office, 50 percent private office. In another couple of weeks we'll have that programming completed. So if we did an RFP, we could attach that as additional backup information, along with the board's vertical construction standards and have a very solid proposal when we came back. CHAIRWOMAN MAC'KIE: It seems to me -- COMMISSIONER CARTER: How long does it take to do the RFP? MR. OCHS: It will take us about three weeks to finalize that, and then we have a 21-day advertising requirement. CHAIRWOMAN MAC'KIE: Three or four months. MR. OCHS: No, probably six to eight weeks to get it back here to the board. CHAIRWOMAN MAC'KIE: If I -- with the board's indulgence, I see the Sheriff is here. And it sounds like we're all sort of leaning toward this if we can do -- provide a short-term solution to building A, then we want to step back and go through the RFP process. Could we hear from the Sheriff and see if that works with his thoughts or with his plans? Page 46 February 23, 1999 Do you think we can solve our building A problem with a modular space in the short-term? SHERIFF HUNTER: Thank you, Commissioner. Don Hunter, Sheriff, Collier County. And I do appreciate the board taking up this issue once again and permitting the agency to speak. Modular is a possible alternative, because it represents something that we can do quickly. If I may fill in the gaps, I heard a couple of comments, and I would respond to those comments. We do have seven members now out-placed from building A under physician care and at physician advice. Most recent is the separation of a supervisor from the group that he supervises, as of yesterday. And I think that I want to use that to make a point, that soon, if not already, it will not be in the public's best interest to continue separating members from the groups they supervise or separating members from the groups they participate in. Task-wise, developing information, intelligence, talking to one another, trying to communicate across these physical spaces and barriers is not in the public's best interest, nor in the agency's best interest. So I again would ask that the board consider keeping us as a group together, letting us carry on the public's business in the best and most efficient manner possible. And modular might be one of those things that we can do immediately to continue to have a cohesive group. But again, I appreciate what the staff is attempting to do, moving the issue and what the board has attempted to do moving the issue, but I would ask for relief, immediate relief from the board. And anything you can do in that regard, we would appreciate. CHAIRWOMAN MAC'KIE: Okay. Questions for the Sheriff? COMMISSIONER CARTER: How quickly can we move on modular units? MR. OCHS: Two weeks. CHAIRWOMAN MAC'KIE: Two weeks? MR. OCHS: In place in two weeks. SHERIFF HUNTER: Excellent. CHAIRWOMAN MAC'KIE: That's great. COMMISSIONER CONSTANTINE: Well, it sounds like that would allow us to most importantly take care of the people and two, step back and make sure we do it right on the building so we don't rush it. CHAIRWOMAN MAC'KIE: What would be the location of the modular buildings? MR. OCHS: It would be next to the purchasing and facilities -- what we call building W out on the far end of the campus. There's an area around the lake there that's open where we would locate those modular offices. COMMISSIONER CONSTANTINE: Lake views. CHAIRWOMAN MAC'KIE: Lake view offices. SHERIFF HUNTER: That's pretty close. That's still close. CHAIRWOMAN MAC'KIE: Okay. Any other questions for the Sheriff? If not, before we go to public speakers, do we want to give some indication of our direction? Because it sounds like we're reaching some consensus here, and we might shorten the public hearing process if we have come up with a solution. It seems to me, what my position is going to be, that if we can get modular space in in two weeks to address the building A problems, Page 47 February 23, 1999 that we don't have the emergency need for leasing that we talked about at our last meeting, and so we can stop and go through the process that staff recommended for a request for proposal for a building to be constructed for purchase. And whether that is to be occupied by the sheriff or to be occupied by public works, I personally am not in that discussion at this point. But this -- the construction plan of the county would probably decide that. COMMISSIONER CONSTANTINE: I agree with you completely, and will make a motion just in -- and even if we hold it in abeyance, but I'll just make a motion to have something on the floor that we do those two things, we take those two steps. MR. OCHS: Madam Chairwoman, excuse me, if I could get one more thing on the motion, and that would be to authorize the budget amendments required to continue with the improvements recommended to building A. It's about $130,000 worth of additional improvements. CHAIRWOMAN MAC'KIE: Why do we need to do that if we're going to get the people out who are sick? MR. OCHS: Well, because we're still -- again, we're going to be in there for a year. There's still other people that are in there and we don't want to wait for other people to get sick. We think it's the right thing to do. SHERIFF HUNTER: May I? CHAIRWOMAN MAC'KIE: Yes, sir. SHERIFF HUNTER: Just for clarification purposes, I probably presume too much. The modular units that you would place on the campus, I had hoped that we could place all members of the agency into those modular units. CHAIRWOMAN MAC'KIE: That's what I thought, too. COMMISSIONER CONSTANTINE: That's what I was thinking, too, yeah. SHERIFF HUNTER: I did speak with a physician who has a specialty in respiratory illness. He's indicating that what is happening to the members who are being out-placed at this time is probably a cumulative effect, after being exposed to these allergens over a period of time. That we don't know who has the sensitivity to the allergens, and the only way we can determine that would be through complete testing of the members. We don't know who's going to be next to be out-placed under a physician's advice. CHAIRWOMAN MAC'KIE: And I assumed, like you did, that we were talking about emptying building A and putting them in modular space. SHERIFF HUNTER: If we empty building A, that is a good short-term solution but not a permanent solution. CHAIRWOMAN MAC'KIE: Certainly not. SHERIFF HUNTER: I don't want to move from permanent space into temporary space for the rest of my tenure here, whatever that may be. I would like to see the board provide permanent space to the Sheriff's Office for our operations, and if we can move in that direction, as I heard proposed under the space plan that was adopted -- our most recent space plan. Of course, there are other space plans that have been accomplished by the board. CHAIRWOMAN MAC'KIE: How many square feet of space are you talking about needing if you were to empty building A of your staff? SHERIFF HUNTER: I believe that number was right at 40,000 square feet. CHAIRWOMAN MAC'KIE: And how many modular -- Page 48 February 23, 1999 MR. OCHS: No, I think it's more along the lines of about 25,000 square feet, I believe, Sheriff. COMMISSIONER CONSTANTINE: For the temporary basis but not -- MR. OCHS: Well, that's what's currently occupied in building A. The footprint in building A is about 25,000 square feet. SHERIFF HUNTER: Well, we've been having this debate. What we're currently occupying in building A -- according to your consultants, one of our problems, one of the reasons that members are being out-placed, is because we're so closely and compact, occupying space so compactly, that we are aggravating the conditions already existent in the -- CHAIRWOMAN MAC'KIE: But if you were in clean space, surely on a temporary basis you could be compactly sharing. COMMISSIONER CONSTANTINE: Mr. Ochs, is that too much of a modular village to handle out there, 25,000 square feet? MR. OCHS: Yes, sir. CHAIRWOMAN MAC'KIE: How many trailers is that? MR. OCHS: That doesn't mean we can't try -- if the Sheriff is willing to let us look for additional lease space in smaller increments, we would -- CHAIRWOMAN MAC'KIE: No, the -- MR. OCHS: -- certainly do that. CHAIRWOMAN MAC'KIE: -- point was everybody being together. MR. OCHS: No, that's what got us here in the first place -- CHAIRWOMAN MAC'KIE: How many trailers is 25,000 square feet? MR. OCHS: -- we couldn't find anything that was -- CHAIRWOMAN MAC'KIE: How many trailers is 25,000 square feet? MR. OCHS: How much is one trailer? Six trailers gives you about 4,000 square feet. CHAIRWOMAN MAC'KIE: Oh, my. MR. OCHS: So you have quite a few -- COMMISSIONER NORRIS: So you need 36. CHAIRWOMAN MAC'KIE: So we would have to have 36 trailers. COMMISSIONER CONSTANTINE: I'd like to take this opportunity to withdraw my motion. SHERIFF HUNTER: That's why I say, it's not a permanent fix. COMMISSIONER NORRIS: It's not even a temporary fix with 36. CHAIRWOMAN MAC'KIE: Just when we thought we had a nice -- SHERIFF HUNTER: Madam Chair? CHAIRWOMAN MAC'KIE: -- easy solution. Yes, sir. SHERIFF HUNTER: That number I quoted, the roughly 40,000. It's 39,000 plus. In 2002, according to your space plan, the current number, using your method of calculation for member space, if you will -- the amount of space per member, based upon certain grades, ranks, whatnot -- would be approximately 32 to 35,000 square feet. CHAIRWOMAN MAC'KIE: But that would be 70 trailers. SHERIFF HUNTER: Again, that's a quick temporary fix. But I wouldn't want to reside there for long. And I agree, I don't know where we'd find space for them. CHAIRWOMAN MAC'KIE: Put 70 trailers. COMMISSIONER CONSTANTINE: Well, we've got 300 acres north of the landfill, we could fill them with with trailers. Page 49 February 23, 1999 CHAIRWOMAN MAC'KIE: Mr. -- COMMISSIONER CARTER: Well, if I hear -- CHAIRWOMAN MAC'KIE: -- Administrator. COMMISSIONER CARTER: If I hear Mr. Ochs' situation, what he's saying is that if we improve building A, that's part of the solution. We also are looking at the most difficult situations with the people in building A, where we could pull a unit or some people out of there and put them in modulars. I think that's what I heard. MR. OCHS: Yes, sir. CHAIRWOMAN MAC'KIE: But as they continue to get sick, because it's cumulative, what are we going to do with them? COMMISSIONER CARTER: Well, if we decrease the population in the building and we take the other necessary actions, will that alleviate the situation over a 12-month period? That's what we're looking at for 12 months. MR. OCHS: Right. CHAIRWOMAN MAC'KIE: Mr. Fernandez, you wanted to speak before? MR. FERNANDEZ: That's the point I was going to make. CHAIRWOMAN MAC'KIE: I see. SHERIFF HUNTER: So see if I can understand exactly what the direction would be. You would remove those members who have already been identified by physicians, even though they are from different units. You'd leave their units intact in building A, mitigating whatever you can in building A to try to keep that building alive. And it literally lives its own life right now with organisms. Then over a period of how many months would we be continuing to reside in building A? CHAIRWOMAN MAC'KIE: How long would the RFP process and construction of the building -- when would we be ready to have them move? MR. OCHS: One year. CHAIRWOMAN MAC'KIE: One year. COMMISSIONER CARTER: And you could put how many modulars out there in this place, what, 2,500 square feet or 4,000 square feet? I'm sorry, I didn't hear. MR. OCHS: Four to 8,000 square -- COMMISSIONER CARTER: Four to 8,000 square feet. So I would say coming back to Sheriff Hunter, if we had four to 8,000 square feet, could you look at your groups, we take the most sensitive people out, are there other groups that are more vulnerable because they're so compacted in building A, and can we find a way to work through this? SHERIFF HUNTER: Well, that would be a simple way of looking at it, Commissioner. Unfortunately, the pure air people aren't telling us that if you take this group out, you'll be okay, or if you move this particular group, that would be better. And according to the physicians that I've spoken with, one in particular with a specialty in this area, unless we do a comprehensive survey, testing individual members, 120, 150 of them, to determine their sensitivity to various allergens that have been detected in building A, we don't know who is most sensitive until we get the report from the physician telling us to remove that member from building A. Page 50 February 23, 1999 CHAIRWOMAN MAC'KIE: Do you know what percentage of the people are complaining at this point? I mean, is it half, is it 90? SHERIFF HUNTER: Everyone's complaining because of -- CHAIRWOMAN MAC'KIE: Watery eyes. SHERIFF HUNTER: -- sensitivity to eyes and lungs and burning of the throat. That's relieved when they go home, which is consistent with the sick building syndrome. CHAIRWOMAN MAC'KIE: And can I pause just for a second to have the board -- you may all already be aware of this, but when we're . talking about the affected people, we're talking about people who have already contracted an illness that is either temporary or permanent as a result of being in this building. Nobody is in the building who is comfortable, who is able to sit through the day without their eyes tearing or sneezing or coughing and that stuff, right? I mean -- SHERIFF HUNTER: Well, there may be a case where a member isn't affected at all. But I'm not aware of it. CHAIRWOMAN MAC'KIE: But when we talk about the affected persons, everybody's affected. It's a question of who has contracted an illness and who has not yet or won't. SHERIFF HUNTER: That's correct. My understanding is each person residing there, they have made us aware of their lack of comfort in the building. MR. OCHS: All I can tell you is our risk manager tells us that we've been put on notice of 16 cases of Workers' -- CHAIRWOMAN MAC'KIE: Workers' Comp. MR. OCHS: -- Compensation claims. That's all we have are claims filed. CHAIRWOMAN MAC'KIE: Well, but, you know, that would be silly of us to pretend that only those who have filed claims are the affected people, because then the message is, everybody, quick, go file a Workers' Comp. claim if you want to be taken seriously. Surely that's not the message we want to send. We know that there's a problem. If you've walked in the building, you know there's a problem. COMMISSIONER CONSTANTINE: I don't think -- and that's like the landfill. We don't need to debate whether or not it smells. We don't need to debate whether or not there is a problem over there. I think that there is -- the staff is uncomfortable, and whether that qualifies as a sick building or not, we have some uncomfortable people there, so we need to try to deal with that. And I think everybody is acknowledging that. So now perhaps as a group we can figure out how we're going to do that. CHAIRWOMAN MAC'KIE: Well, it sounds like that if they continue to be as cramped as they currently are, if the people were in cramped space, we could take about a third of them, if we got 8,000 square feet of trailers. If they continue to be cramped for a year in trailers, a third of them could be moved out. Is there -- is there any other space anywhere, Leo, where some -- as people continue to have problems, they could be moved? MR. OCHS: On this government facility or in other areas? We can find some lease facilities in the eight to 10,000 square foot range, but they won't be on this government facility, obviously. CHAIRWOMAN MAC'KIE: So Sheriff? SHERIFF HUNTER: Yes. Page 51 February 23, 1999 CHAIRWOMAN MAC'KIE: Then there would -- it sounds like we could get 8,000 square feet worth of people into trailers, and then maybe off campus get four and 5,000 square foot parcels for lease -- COMMISSIONER CONSTANTINE: If necessary. CHAIRWOMAN MAC'KIE: -- if necessary, to move the others. I know that's not ideal, because you need for your people to be together. Is it possible for you to work that way for a year? No pressure. SHERIFF HUNTER: Commissioner, let's put this, I guess, in a series of priorities. Obvious -- number one priority, move people out of building A. CHAIRWOMAN MAC'KIE: Yes, sir. SHERIFF HUNTER: All of them, not some of them -- CHAIRWOMAN MAC'KIE: Yes, sir. SHERIFF HUNTER: -- to get them away from the exposures to allergens and microbial organisms that are living in building A that have already been documented in two or more pure air studies and air quality studies that have been conducted under consultation to the Board of County Commissioners. That's number one. Get everyone out, though. Because I can't identify people who may be next victim to Workers' Comp. claims. The Workers' Comp. claim is the highest level, at the moment, short of suit, we've seen documenting exactly what is occurring in building A. It's not to suggest that people aren't suffering in building A. That's in deference to what Mr. Ochs has said. People are suffering in building A. I'm testifying to you that people are suffering in building A, as Sheriff of Collier County, because they are telling me that they are, and they have tried to communicate that to the Board of County Commissioners through a number of devices, including using me as a vehicle. CHAIRWOMAN MAC'KIE: And we've heard them. And I think the board believes that. SHERIFF HUNTER: Okay. So that's number one. And I'll remind the board, I had a quick conversation with Senator Saunders out in the hallway today. When he discovered why I was here, he said I'll testify on behalf of the Sheriff's Office to remind the board when I was seated as commissioner that we built a complete building to move the judges out of building A because they were complaining about exactly the same conditions at that time. And that's back in whenever, 1985, '86. We've been suffering with this for along period of time. So number one priority, move everyone out of building A so that they stop suffering, they're no longer exposed to these organisms that have been identified in your consultant's report. However, we can accomplish that in the most reasonable way possible without expending a lot of dollars for the short-term solution, I would like to accomplish that, including, if we have to, use the Barnett building space on Horseshoe, temporary accommodations, such as modular. That's -- that would be a good short-term solution. CHAIRWOMAN MAC'KIE: So you'd be willing to divide them up? I mean, you acknowledge that -- SHERIFF HUNTER: We don't have a choice. CHAIRWOMAN MAC'KIE: Okay. SHERIFF HUNTER: At this point, this has become a critical issue. No further exposure to members should be tolerated or permitted. Page 52 February 23, 1999 A? CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: Do you have divisions? SHERIFF HUNTER: Pardon me? COMMISSIONER BERRY: Are there divisions over there in building SHERIFF HUNTER: Yes, there's several divisions. COMMISSIONER BERRY: How many people would you say, roughly, in each division? CHAIRWOMAN MAC'KIE: Varies. SHERIFF HUNTER: I could give you specific numbers, but not at the moment. The youth relations division probably has 32 members who from time to time will come in and meet in that area. But normally the youth relations area is going to be occupied by a series of crime prevention specialists, practitioners, a receptionist. Probably talking about 10 or 12 --, COMMISSIONER BERRY: Sheriff, what I'm getting at is when we go to make this move, move them by divisions. In other words, don't split -- just split people up but move them -- keep a division together. If you take them one place, take, that group one place and take, you know, another group somewhere else, if that's what it ends up being, but keep the division together so at least they're working -- whatever -- whoever is working on one -- in one particular area, at least they're kept together. CHAIRWOMAN MAC'KIE: Because I'm going to support taking -- emptying building A, and hope that you could provide us with some segments. You know, if we get 8,000 square feet of space in trailers, then we're going to need a group of 4,000 together, 2,000 square feet, you know, to help us divide up these smaller leases that we'll have to make all over the place for a year. COMMISSIONER CARTER: And I also would recommend we don't spend $130,000 if we're going to empty the building. CHAIRWOMAN MAC'KIE: Well, that of course would save that 130 grand right there, which would help us toward the cost of the leasing. So that's my -- SHERIFF HUNTER: Thank you, Commissioner Berry. CHAIRWOMAN MAC'KIE: -- previous position, if other board members want to say where they're going. SHERIFF HUNTER: We will try to give you some idea of how to keep these logically associated groups together as best we can. Again, just for the record, though, we have criminal investigation division members, homicide and property investigators all situated on the same floor as our vice and narcotics crime investigators, who are over the top of our criminal intelligence bureau members who collect the intelligence and crime information that feeds those two groups. And when you begin to disassociate them and break them apart -- and we're talking about, let's say, over 100 members right there -- if I begin to break those groups apart and we give them physical distance over which they try to communicate, it is far less efficient to do it that way. COMMISSIONER BERRY: Then what I think you need to do, Don, is to sit down and group your people. In other words, you figure out, you tell Mr. Ochs who you think needs to stick together, okay? SHERIFF HUNTER: Well, I'm telling you this morning. Page 53 February 23, 1999 COMMISSIONER BERRY: I mean, sit down -- I don't know, okay, and I'm not going to sit here and tell you we're going to break you up in 30 group -- 30-people groups, okay. You sit down with Mr. Ochs and you tell him how you want these divisions done -- SHERIFF HUNTER: I will. COMMISSIONER BERRY: -- and we're going to try and accommodate and house in that particular -- SHERIFF HUNTER: Well, I was trying to be subtle. COMMISSIONER BERRY: -- grouping. Well, I'm not subtle. I mean, just that's it. SHERIFF HUNTER: I will be more explicit. I'm trying to -- COMMISSIONER BERRY: Do it. SHERIFF HUNTER: -- give the Board of County Commissioners the subtle clues that I would like to have direction from the board to staff that we are to keep those member groups together so that in the best interest of the public -- COMMISSIONER BERRY: Well, we're going to -- SHERIFF HUNTER: -- for the efficiency of the agency -- COMMISSIONER BERRY: -- do it the best we can do, okay? We're going to try with everything -- with your suggestion as to the groups that you can group together. Now, we may not be able to do it 100 percent. Because if you've got a group that's got 200 people in it, we're not going to find a facility probably that can house 200 people. But if you've got a group of 30 people and you want to put them in a building, that's probably a little easier to accommodate. CHAIRWOMAN MAC'KIE: Because the lease space that's available -- let's just get clear on this, because this is really -- because we don't want to leave here thinking we have a solution, when we don't again. We will have one section that can be up to 8,000 square feet, and that will be in trailers. Of the space that you've been able to find, that's available, Leo, it comes in like 4,000 square foot blocks? MR. OCHS: I'm looking at Ms. Taylor. CHAIRWOMAN MAC'KIE: Ms. Taylor, maybe you could help us more with sort of what's out there so that we can get this straight. We all know there's tons of office space sitting out there empty. What I've been hearing is -- COMMISSIONER BERRY: But it's whether you can get an area together. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER BERRY: I mean, there's all kinds of little cubby holes, but how much can we get -- MS. TAYLOR: Hi, Sandy Taylor from the your real property management department. The Sheriff had recommended the Barnett building. That in and of itself is about 7,400 square feet. CHAIRWOMAN MAC'KIE: Okay. So that -- there's 7,400. And then there's the 8,000 in trailers. And then we're going -- then what else? Because that doesn't -- we still need -- MS. TAYLOR: There was -- CHAIRWOMAN MAC'KIE: -- another 10,000. MS. TAYLOR: -- another one. There was another one, former U.S. Customs, 4,000 square feet. However, the Sheriff's Office said not Page 54 February 23, 1999 large enough for narcotics. I'm not sure if maybe another department or division can go in there. That's another 4,000 square feet. CHAIRWOMAN MAC'KIE: We need at least another four. COMMISSIONER NORRIS: But Ms. Taylor, are, these parcels that you're relating here, are these available on a month-to-month basis? Because that's what we're going to need. MS. TAYLOR: We will probably have to do a one year. COMMISSIONER CONSTANTINE: Which actually sounds like a -- COMMISSIONER BERRY: We're going to need a year anyway. CHAIRWOMAN MAC'KIE: Sounds reasonable, one year. MS. TAYLOR: You're going to have moving expenses, you're going to have some minor improvements, so I would recommend one year, because that's the time that you're going to need. CHAIRWOMAN MAC'KIE: So it sounds like, Sheriff, you're going to have 7,400, 8,000, 4,000. And then what else do you have, Ms. Taylor? MS. TAYLOR: Well, there's various units in the K-Mart Plaza, 2,000 a unit. We're not sure about the term on those, however. But together we can find you another 4,000 square feet. Again, this is based on last month. We would need to update it, make sure it's available, and we will bring back, you know, however many lease agreements that is at one time so that we know the square footage. COMMISSIONER CARTER: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes, ma'am -- yes, sir. COMMISSIONER CARTER: May I suggest that Ms. Taylor and the Sheriff's Department sit down with this laundry list of available space and determine how they're going -- along with the modular, to determine what units can be moved where; that they become the task force to do this, so that we can move forward. So that's part of it. The second part is then we would go to an RFP to build a building on Horseshoe Drive, that we would accomplish both of those. CHAIRWOMAN MAC'KIE: I'm going to support both of those. I wonder if it would be unreasonable to think that by the end of the meeting today, by the end of the day today you two could come back to us and tell us -- COMMISSIONER CONSTANTINE: At least an outline. CHAIRWOMAN MAC'KIE: -- you know, are there issues that you are unable to see a reasonable solution to. Because I don't know, I can't send the Sheriff away and say we've got 7,400, we've got 8,000, we've got 4,000, and then we can find some 2,000 square foot spots. You know, could you two get together and tell us if there's something reasonable by the end of the day? MR. OCHS: Certainly. SHERIFF HUNTER: Yes, certainly. COMMISSIONER BERRY: Because we're going to be here a while. CHAIRWOMAN MAC'KIE: We're going to be here. MR. OCHS: Sure. COMMISSIONER BERRY: I would think so. CHAIRWOMAN MAC'KIE: I know we have a zillion speakers on this. MR. OCHS: Madam Chairwoman, on the motion -- CHAIRWOMAN MAC'KIE: I think it was withdrawn. MR. OCHS: Commissioner Carter's suggestion? CHAIRWOMAN MAC'KIE: Was that a motion, Commissioner Carter? Page 55 February 23, 1999 COMMISSIONER CARTER: Yeah, I made a motion that they -- Ms. Taylor and the Sheriff sit down and determine a laundry list of available space and the needs of the Sheriff so that we could break this up and get everybody out of building A. And secondly, that we would move forward with an RFP to build -- to suit building on Horseshoe Drive. MR. OCHS: My only clarification there would be within a two-mile radius, if you don't mind, of that development services -- COMMISSIONER CARTER: I will amend that as much. MR. OCHS: Thank you. CHAIRWOMAN MAC'KIE: And then that eliminates the $130,000 -- MR. OCHS: Yes, it does. CHAIRWOMAN MAC'KIE: -- clean air expense. Yes, Mr. Weigel? MR. WEIGEL: Thank you. And part of the agenda item comes up in the context of a reconsideration of the action taken by the board previously, and so a separate motion under the reconsideration would be appropriate to come forward, it would appear, if this motion is to go forward. That reconsideration is to overturn the previous approval, given concerning the leasing of space with the Arnold and Arnold a couple of weeks ago. CHAIRWOMAN MAC'KIE: Okay, but we would get to that after we -- MR. WEIGEL: It's a companion thing to go with this, it would appear. CHAIRWOMAN MAC'KIE: And is there a second for Commissioner Carter's motion? COMMISSIONER BERRY: I'll second it. COMMISSIONER CONSTANTINE: Can I ask a question on that? CHAIRWOMAN MAC'KIE: Yeah. COMMISSIONER CONSTANTINE: I understand you want to be close to Horseshoe Drive. Is two miles an arbitrary number? Is there some -- CHAIRWOMAN MAC'KIE: Two and a half. COMMISSIONER CONSTANTINE: Yeah. I mean, how did we pick that? I'd had to have somebody who's 2.06 miles away be excluded. Can we say from a reasonable distance? MR. OCHS: Yes, Commissioner, it was an arbitrary number. Again, the desire of the future occupant is to be as close as they can be because -- CHAIRWOMAN MAC'KIE: That's the RFP. MR. OCHS: -- coordination between development services and public works staff, but we didn't want to limit it just to that particular commerce park we'd get enough competition. CHAIRWOMAN MAC'KIE: So we could just say approximately. MR. OCHS: Approximately would be great. CHAIRWOMAN MAC'KIE: Second agree to that? COMMISSIONER CARTER: I'll amend. COMMISSIONER BERRY: I'll agree to that. COMMISSIONER CARTER: I'll agree to that. CHAIRWOMAN MAC'KIE: So before we vote, what's the will of the board? Do you want to vote on this or do you want to hear public speakers first? COMMISSIONER BERRY: I think it answers -- I would think it answers -- Page 56 February 23, 1999 CHAIRWOMAN MAC'KIE: I hope that it would -- COMMISSIONER BERRY: -- most of the questions. CHAIRWOMAN MAC'KIE: -- obviate the need for some of the public speakers. But I guess we should call them and then we'll vote. COMMISSIONER BERRY: Yeah, see if they want to -- CHAIRWOMAN MAC'KIE: Okay. And Sheriff, if someone from your staff, while we're hearing these public speakers, even, could begin the process of identifying, you know, letting us know before the meeting is over, if we're going to be able to solve the problem with this lease space. SHERIFF HUNTER: We'll get on that immediately. And I know that I'm one of the speakers. If I may reassert something -- CHAIRWOMAN MAC'KIE: Certainly. SHERIFF HUNTER: -- same topic, reassert our need for permanent space -- CHAIRWOMAN MAC'KIE: Yes, sir. SHERIFF HUNTER: -- we're working with you on the temporary space issue. I'd like to reassert our need for permanent space, an adequate amount of permanent space, and that I would like to go on record as asking the board not to continue subordinating the Collier County Sheriff's Office below county building needs and space needs. We believe we've been reasonable, we believe we've worked with the board, and we would like to see that some permanent solution is addressed soon. We were able to find this possible space over on Horseshoe Drive, and we brought the builder to the board and now the board is considering building that space for the -- for board departments. We would like to see some -- when we do bring these possible options to you, we'd like to see some satisfaction in moving forward, progressing towards permanent space. And -- CHAIRWOMAN MAC'KIE: And again -- SHERIFF HUNTER: -- that's about the best I can say it. CHAIRWOMAN MAC'KIE: -- Commissioner Berry, he is much more subtle than either you or I, and I think what he's saying is for God's sake, we've been patient, we've had 10 years, stop treating us like step-children and get us in some decent space. COMMISSIONER CARTER: And Sheriff -- (Applause.) COMMISSIONER CARTER: -- and I understand. Sheriff, I understand that message, and my thinking was that in our first five years of the 20-year plan, that your new administrative facilities and the jail, all that, was a part of that process. And I go on public record of supporting that we stay within that five-year plan and get that job done. And that's where I'm coming from. I want to see you get what you need. SHERIFF HUNTER: Commissioner, that five-year plan extended back to 1985. We should have had it in 1990. CHAIRWOMAN MAC'KIE: Yes, sir. SHERIFF HUNTER: That was the original space plan. CHAIRWOMAN MAC'KIE: That's true. COMMISSIONER CARTER: I understand that. Page 57 February 23, 1999 SHERIFF HUNTER: And we are now in 1999 and you're asking us to extend another five to 10. COMMISSIONER CARTER: I'm only going on the 20-year facilities plan that was put in front of me as I sit here as a commissioner for three months, and I'm going to go on record saying that I'm going to support that 20-year plan, I'm going to support that first five years for you, and I will do everything to see that that is executed on a timely basis. SHERIFF HUNTER: Yes, sir. And I'm amending that to try to inform you, because I have the history, and some of the members on the board, although not as new as you, are newer, and I can say to you with great assurance that a former board had as much commitment to the original space plan as you now have for the extended 20-year plan, and I'm asking you to acknowledge and recognize the fact that we already have a space plan that we in 1985 agreed to give latitude to the board and have been working with staff to try to keep ourselves appeased while we wait for the board to take action. And that goes back to '85. I'm asking now for some relief for some consideration for more permanency than modular units or splitting groups up and moving them here and there about the county. If you can some way today agree that the Collier County Sheriff's office should be given priority in your space considerations, including in consideration of the vendors who will appear before you today, to construct some building built to suit for a more permanent solution, we would appreciate that consideration. CHAIRWOMAN MAC'KIE: I see what your concern, if I'm understanding correctly, is. That if we go the direction of the motion and we go out with an RFP, you're probably reasonably expecting that the RFP is going to end up being a building for public works. And are you saying that that's -- you're dissatisfied with that, you would like for an RFP to go out for -- or is -- let me ask this real plain: When the jail gets built and the -- what are we calling it, administrative space, whatever it is -- SHERIFF HUNTER: Operational space. CHAIRWOMAN MAC'KIE: -- goes with, does that solve your building A people? SHERIFF HUNTER: Does that accommodate everybody? CHAIRWOMAN MAC'KIE: Yes. SHERIFF HUNTER: Yes, that was the original proposal in '85, accommodate through those space -- CHAIRWOMAN MAC'KIE: So the current jail plan that includes the operational space addresses this problem. So if we are going to go forward and build public works a building, you don't object to that. But what you're telling us is get my jail and operational space on the front burner. COMMISSIONER CARTER: And I think it's key in that statement that we're not just talking about a jail, we're talking about administrative space for the Sheriff of Collier County to operate and to conduct all business. And when we go oUt and we talk to the public about the need to do this, everyone associates anything that you want as a jail or we're incarcerating people, and they forget this whole administrative Page 58 February 23, 1999 complex in terms of how you can do business. So we have to make that very, very clear that it is two things, not just one. CHAIRWOMAN MAC'KIE: What is the timing on the RFP for the jail, Mr. Fernandez? Jail and operational space. MR. FERNANDEZ: That's contingent upon our success in securing a funding source. CHAIRWOMAN MAC'KIE: So that's part of the -- MR. FERNANDEZ: You'll hear that presentation as part of today's meeting. CHAIRWOMAN MAC'KIE: So I guess stay tuned for, you know, what the success is on the funding discussions today. SHERIFF HUNTER: And once more for the record, because I know that the public has not read the letters that I've sent to the Board of County Commissioners. Just for the record, I'll remind the board that in September of 1998, we brought this matter before the board by identifying a potential vendor that could construct space to move us out of building A. The vendor worked with real property. A letter of intent was issued by the board to move forward on that property, located at Horseshoe Drive, the vendor, Arnold & Arnold, Incorporated. And we are frustrated because once again, we've been bumped for board priorities and public works, apparently. And all I'm saying for the record is that as Sheriff, I'm frustrated. And I'm -- COMMISSIONER CONSTANTINE: I think we're all frustrated, Don. But I don't think anybody's getting bumped. I think we're just trying to do this in as efficient manner as possible. In the discussion a couple weeks ago when we talked about this -- and I don't recall you being in the room, you may have seen it on television -- was that it wasn't particularly efficient to move a couple of different departments, yours being one of them, two different times. And so we were just trying to be as efficient as possible. It wasn't a matter of bumping you for priority of some county thing. We're trying to make sure we accommodate you and your folks and accommodate our own employees and our own needs, all in the most efficient manner possible. So I share your frustration, but I don't want that to be mischaracterized. CHAIRWOMAN MAC'KIE: And Don, would you be just as happy if your people ended up permanently on Horseshoe Drive, or do you want your people to end up permanently in the jail and operational facility? SHERIFF HUNTER: Well, we naturally want to end up in one building -- CHAIRWOMAN MAC'KIE: Right. SHERIFF HUNTER: -- as best we can, and -- COMMISSIONER CONSTANTINE: And that's what we're trying to accomplish. CHAIRWOMAN MAC'KIE: That's where we're trying to go. SHERIFF HUNTER: Commissioner, that started -- I'll remind you of my most recent statement. We said that in 1985 under a different sheriff. We still do not have a permanent facility in 1999. I have yet to see any evidence of efficiency in a manner that we've gone about doing this. Page 59 February 23, 1999 I 9o back to March of 1998 where we identified HRS buildings over in the industrial park for the Board of County Commissioners because we were told to go out, survey, find a building. We managed to drag our feet on that until we lost that building. I'm say we, the imperial we as a county. There was also another building adjacent, right across the street, that could have accommodated us. The old PBA building. That was also let to wither on the vine. COMMISSIONER CONSTANTINE: That wasn't withered. We turned that down. We were clear. We discussed that. That didn't wither, that was snipped very clearly. We said no to that. SHERIFF HUNTER: Okay, great. In the meantime -- COMMISSIONER CONSTANTINE: But I don't understand what this trip down memory lane is doing. It sounds like -- SHERIFF HUNTER: Well, we're -- COMMISSIONER CONSTANTINE: -- we're all on the same page. We're SHERIFF HUNTER: -- a year out from the original -- COMMISSIONER CONSTANTINE: If you don't mind, I want to finish my thought and that is we're all -- SHERIFF HUNTER: I want to finish my thought. COMMISSIONER CONSTANTINE: -- on the same page where you said ~- great, you've had 25 minutes to do it. You've -- we have all said we're going to do a particular thing, we set a particular direction. Our staff has been given direction to sit down with you and we're going to solve the problem this afternoon. SHERIFF HUNTER: Solve it. COMMISSIONER CONSTANTINE: The trip walking down memory lane, all you're doing is aggravating everyone and bringing up old sores. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: Let's try to fix it. CHAIRWOMAN MAC'KIE: Okay, Sheriff, we appreciate that you're going to work with the staff and see if we can come up with this temporary solution. And I think the board has heard you loud and clear, that you've been told and told and told -- COMMISSIONER CONSTANTINE: In 30 minutes, how could you miss it? CHAIRWOMAN MAC'KIE: -- that, you know, we're going to provide a solution. And I understand you're being dubious, just like your Golden Gate folks are dubious about we're going to solve the odor problem. I think the Sheriff's dubious about we're going to solve the space problem. So it's the proof's going to be in the pudding. Let's call our public speakers. And if you would, direct your -- you know, limit your comments to the -- COMMISSIONER BERRY: If we've heard them before -- CHAIRWOMAN MAC'KIE: -- matter that's on the floor. COMMISSIONER BERRY: If we heard this at the last meeting, the same people, I don't see any need again of reiterating their same illnesses and so forth. CHAIRWOMAN MAC'KIE: So we're going to call them. And if they are -- for example, if a speaker is -- excuse me. If a speaker is either one of the potential lessors, which we have now eliminated from consideration, or if the speaker is someone in building A who wants to tell us that it's terrible there -- Page 60 February 23, 1999 COMMISSIONER BERRY: We know that. CHAIRWOMAN MAC'KIE: -- we know that. So call the speakers and let's see if we can limit the public input at this point. MR. FERNANDEZ: First two speakers are Don Pickworth and Don Arnold. CHAIRWOMAN MAC'KIE: Mr. Pickworth, since we have eliminated the lease discussion for today, do you have something that you have to get on the record? MR. PICKWORTH: Well, since I've waited, yes, I do have a couple of statements. You know, we made a proposal which -- CHAIRWOMAN MAC'KIE: Identify yourself. MR. PICKWORTH: I'm sorry, for the record, my name is Don Pickworth. I'm representing Arnold & Arnold. We were requested to make a proposal for lease space, which we did. I think that it is still the best proposal out there. It is not contingent on finding space scattered all over. We have committed to you that we will deliver 50,000 square feet within five months of the issuance of a building permit. CHAIRWOMAN MAC'KIE: Mr. Pickworth, you understand that at our last meeting when we were discussing this, the most important issue to all of us was how quickly can we solve the problem -- MR. PICKWORTH: That's correct. CHAIRWOMAN MAC'KIE: -- for people in building A. It appears that today we've found a solution that's even quicker than your client's five-month proposal. It may in fact be a two-week solution. And based on that, in my comparison of the alternatives available to us, while I certainly hope your client's going to participate in the RFP for purchase, your lease proposal is less beneficial to the county than this parceled out lease proposal that we can get in in two weeks. MR. PICKWORTH: Well, I guess we will await on you how that works. But, you know, we certainly intend to continue in this process, because -- CHAIRWOMAN MAC'KIE: We hope so. MR. PICKWORTH: -- we believe under any scenario we have the superior proposal; one that does not leave a lot of things open to contingencies and finding a lot of space which, you know, I question whether that's really going to work out quite as quickly as you think. But -- CHAIRWOMAN MAC'KIE: Well, stay tuned, because -- MR. PICKWORTH: -- if it doesn't, we're still here. CHAIRWOMAN MAC'KIE: Okay. Thank you. MR. FERNANDEZ: Next speaker is Don Arnold and then Dean Arnold. MR. ARNOLD: We waive. CHAIRWOMAN MAC'KIE: They both waived. Thank you. MR. FERNANDEZ: Tami Canger, and then Theresa Wright. MS. CANGER: Madam Chairwoman, commissioners, for the record, my name is Tami Canger and I represent myself. I'm here today to voice my concerns for myself and those I have worked with for so many years. For us, the past few years have been a medical nightmare. For you and your staff, a financial bother. When we were here two weeks ago, I originally thought you shared our concerns. But when I left, I was devastated and horrified. I Page 61 February 23, 1999 then realized that our best interest and health is not the focus of your attention. You seem more concerned with the public works being overcrowded than the fact that we at the Sheriff's Office have been placed in and working in a building that should have been torn down years ago. CHAIRWOMAN MAC'KIE: Would you forgive me if I interrupted you? Do you still share that -- do you still have that feeling based on the motion that's on the floor, which is to immediately get you out of -- to empty building A? MS. CANGER: I'm very mixed with that. I mean, you're going to build the building on Horseshoe, from what I understand. That's going to be -- whether it be for public works -- CHAIRWOMAN MAC'KIE: And we're going to build a jail with operational space for the Sheriff. MS. CANGER: Right. It seems to me that the main concern we should be looking at is not -- you know, I understand how public works is overcrowded. We've experienced that. But you have people that are very ill, okay? Right now, I might be going up to Tampa to see a specialist. COMMISSIONER CONSTANTINE: Tami, the proposal is to get you out of there maybe as soon as two weeks, though, and that's what -- CHAIRWOMAN MAC'KIE: So we hope you're hearing -- MS. CANGER: That's fine for some people. CHAIRWOMAN MAC'KIE: No, we're emptying building A. COMMISSIONER CARTER: We're talking about everybody. COMMISSIONER CONSTANTINE: Everybody. COMMISSIONER CARTER: Everybody. CHAIRWOMAN MAC'KIE: Emptying building A. MS. CANGER: And what you're going to be doing is putting some here, some there. You're going to have a very disorganized -- CHAIRWOMAN MAC'KIE: But otherwise, you've got to stay for six months. Would you rather stay for six months and be organized, or get out in two weeks and be divvied up in several smaller lease spaces? COMMISSIONER NORRIS: Madam Chairwoman. I think that the point is we can't offer you something that doesn't exist. We're going to have to try to cobble something together here for you. But for you to come up here and to intimate that we are not taking your concerns under our consideration is just false. And it's insulting. We've sat here for an hour and a half now talking about this, trying to figure out what we can do to help you, and you come up here and harangue us about it. I mean, what are you doing? MS. CANGER: Well, I think all this might have started with the last meeting when you specifically stated, well, they've been sick for 10 years. And when we all had our comments, you kind of blew up at us. And that did not show us any support whatsoever. COMMISSIONER NORRIS: Well, you know, I've been trying to support you, but I don't know why I bother, frankly. We're trying to do the best we can and you come up here and harangue us anyway. CHAIRWOMAN MAC'KIE: But the majority of the board I think is clearly committed. And I can tell you personally, I'm committed. And I have heard people on this board today say we are committed. The highest priority, as Commissioner Constantine has said over and over, is to attend to the health concerns of the people in building A. Page 62 February 23, 1999 We're not going with the staff recommendation to stay in building A and spend 130 grand to make it better. We're saying get you out of there. And I just wanted you to hear from us. I understand your frustration after the last meeting, but hope that you hear from us today that we are concerned about you. MS. CANGER: I myself a few months ago, or actually about a year ago, made senior crime analyst. I'm now sitting at the traffic division, okay? CHAIRWOMAN MAC'KIE: Is that because of the space, Tami? MS. CANGER: I was one of the first people removed from the building. CHAIRWOMAN MAC'KIE: I see. And I'm sure it impedes your professional -- you know, your ability to do your job as professionally as you'd like to. MS. CANGER: I can't do my job. CHAIRWOMAN MAC'KIE: We understand that. MS. CANGER: I can't do my job, plain and simple. Right now it has put so much work on the other crime analysts that are in there, maybe 60 percent of the work is being done. It's -- CHAIRWOMAN MAC'KIE: And hopefully -- you know, and we're going to hear this before the end of the day today, too. But hopefully what we're going to hear from the Sheriff and our real property people are how we can keep your sections -- put your sections back together so that you can get some work -- MS. CANGER: Again, you can put the sections back together, but unless everybody's in a whole, I mean, you're doing half the job. It just -- CHAIRWOMAN MAC'KIE: I appreciate that. I wish I had a solution to that problem. MS. CANGER: Now, last time we were -- when we all met, you were talking about moving public works out of building H and possibly putting us in on the third floor. Has that been nixed in the bud, or where do we -- CHAIRWOMAN MAC'KIE: No, I think that's probably the way this is going to go is that we're gonna move you guys out. For one year you will be divided up in temporary space. Then at the end of that year, we will have completed the new public works building over at Horseshoe. You guys will go into building -- is it H? MR. FERNANDEZ: H. CHAIRWOMAN MAC'KIE: -- now until the jail and operational facility is constructed, at which point you'll move there. MS. CANGER: Okay. CHAIRWOMAN MAC'KIE: I think that's the way I'm hearing the discussion go today. MS. CANGER: So regardless of how you look at it, we're going to be moved two, three, possibly even four times when if the building on Horseshoe is constructed, there would be one move and then when the jail is finished, another move, and that way we're all kept together. CHAIRWOMAN MAC'KIE: Now you're going to have to move temporary space, building H and jail. You were going to have to move short-term lease and jail. So it does add one move. COMMISSIONER CONSTANTINE: But it also gets you out of there in a couple of weeks instead of six months. MS. CANGER: I've been out since September, so -- Page 63 February 23, 1999 COMMISSIONER CONSTANTINE: It gets everybody out. MS. CANGER: Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Next speaker is Theresa Wright and then Tricia Walter. CHAIRWOMAN MAC'KIE: And again, I would sincerely ask you guys to comment on what's in front of us today instead of where we were two weeks ago. MS. WRIGHT: Correct. CHAIRWOMAN MAC'KIE: Thank you. MS. WRIGHT: Good afternoon, Madam Chairwoman and commissioners. For the record, my name is Theresa Wright and I'm representing myself. I am one of the two -- one of two analysts that have been relocated out of currently building A, which is known as CIB, where I -- the office that I work out of. And I just wanted to bring to your attention the problems that come about when you relocate somebody as myself. Currently I'm at the Golden Gate substation right now. And there are four crime analysts in the office, each having different responsibilities in the county, handling different sections of the county. I handle Golden Gate, and Immokalee. And I also handle -- in Golden Gate and Immokalee, I handle all the crime trans and crime patterns that occur there and feed that information to the investigators in the road patrol. And then I also handle all the crime statistics that relate to Golden Gate and Immokalee, feed that not only to the Sheriff, to the state and to citizens and to other Sheriff's office personnel. That's how all crime analysts operate in the office in building A where I was prior to January this year. The problem I have found is when I was moved out to Golden Gate, I was completely unlinked from the computer network in building A, so, therefore, I do not have access to any of the data bases that I use to run all my programs; the data bases that I enter all my reports, the data bases that I retrieve information. So now if someone was to come to ask for any crime statistics in Golden Gate or Immokalee, I am the analyst that handles it; however I cannot do that because I don't have the data bases linked with where I'm at right now. I know that it can be done, but it's a long-term project, and it's something that will take more time and planning than it would do to resolve the situation with building A. That's an example of what happens when you take a group of people within an office and split them up is that you don't -- as analysts, we function on data bases as far as entering the information and retrieving it. I can entering into my information in the computer at the Golden Gate substation; however, the analysts down here in building A will not see that information. The information they enter into the computer, I do not have. Now sure, we can put everything on floppies and ship it back and forth, but then you're getting duplicate information, and you have another step to do as far as deleting that duplicate information. So I wanted to bring to your attention that it isn't as simple as just relocating an employee to another site, but it affects that whole unit. Page 64 February 23, 1999 Right now, as Tami Canger had mentioned, there are two analysts left in CIB. Those two have to handle everything that all four of us used to do, including the end of the year stats for the Sheriff for budget purposes. And that puts a tremendous amount of work on them, and they can't function on their district, such as East Naples, Marco Island, North Naples and Everglades, because they are swamped with the work that I am supposed to be doing. So I -- CHAIRWOMAN MAC'KIE: Hopefully we can get you together -- MS. WRIGHT: Pardon? CHAIRWOMAN MAC'KIE: Hopefully we can get together on -- MS. WRIGHT: Well, I don't think two weeks -- CHAIRWOMAN MAC'KIE: -- a temporary space. MS. WRIGHT: -- is going to -- I don't think you can get a modular up and everybody in there in two weeks. CHAIRWOMAN MAC'KIE: The pressure is on Leo to do it now. MS. WRIGHT: As far as the networking. COMMISSIONER CONSTANTINE: It's going to be a lot quicker than six months. MS. WRIGHT: As far as the networking goes. COMMISSIONER CARTER: What would you want us to do? MS. WRIGHT: Pardon? COMMISSIONER CARTER: What would you want us to do? MS. WRIGHT: I feel -- I feel the same as the Sheriff as far as we need to keep everybody together. Everybody in CIB, which is the crime intelligence bureau which handles gangs, intelligence and information -- COMMISSIONER NORRIS: Let me ask, Ms. Wright, are you going in opposition to your sheriff's direction? Is your Sheriff running the operation here or what? MS. WRIGHT: I don't -- I'm not sure what you mean, Commissioner. COMMISSIONER NORRIS: Well, he has agreed to work with our staff to find pieces of lease space to put together. You're telling us you don't want us to do that. I think you -- MS. WRIGHT: I don't think I said that, Commissioner. I didn't mean to say that. COMMISSIONER NORRIS: Well, I think you just did. And, you know, doesn't your Sheriff run the operation, or are you going to do that for him now? COMMISSIONER CONSTANTINE: Well, in fairness -- CHAIRWOMAN MAC'KIE: Please, Commissioner. COMMISSIONER CONSTANTINE: -- Commissioner Carter asked her a question. MS. WRIGHT: No, I don't think -- I don't know -- maybe I didn't understand your -- CHAIRWOMAN MAC'KIE: No, you were answering Commissioner -- MS. WRIGHT: -- Commissioner Constantine's question of me, or Commissioner -- CHAIRWOMAN MAC'KIE: Carter. MS. WRIGHT: -- Carter's. But my position is not separating everybody. Now, there are different bureaus, as Commissioner Berry said, in building A. I work in CIB, which is crime intelligence bureau. I don't think separating that bureau with the -- I don't know how many employees there are in CIB right now, but I don't believe in Page 65 February 23, 1999 separating those. Right now you have two analysts, crime analysts, that are separated from the rest of the unit, and we can't function because we don't have -- we aren't linked -- CHAIRWOMAN MAC'KIE: The data base. COMMISSIONER CARTER: But if we take that bureau and put it in one place and you all can function together, and that's what I believe that -- MS. WRIGHT: Right. COMMISSIONER CARTER: -- we just directed with the Sheriff and Ms. Taylor to try to work through that, so -- MS. WRIGHT: That's what I -- COMMISSIONER CARTER: So, I mean, you have our commitment to do that. And that's why I ask, what else do you want us to do? MS. WRIGHT: Well, right. I don't think that you could get a modular up and running, although I'm not an expert on computer networking, and I'm certainly not an expert on raising modulars, but I don't think you can get a modular up and running in two weeks -- CHAIRWOMAN MAC'KIE: But faster than five months. MS. WRIGHT: Pardon? CHAIRWOMAN MAC'KIE: Faster than five months. MS. WRIGHT: Right. Well, my purpose for being here -- CHAIRWOMAN MAC'KIE: Yes. MS. WRIGHT: -- Chairwoman, was just to explain the problems that arise when you do relocate individuals out of building Ao CHAIRWOMAN MAC'KIE: And I see that. MS. WRIGHT: And I'm only one of many. So I can only account for myself. But I cannot work; I cannot produce the information that the investigators need in the Golden Gate substation. I have to rely on somebody else. I don't have access to a pawn shop data base where I feed them -- feed that information to the investigators, so I have to call somebody else, who may be busy doing something else. So it just has a domino effect. And my reason for being here was just to let you know that there are a lot of problems that come about when you do relocate someone. It's not as simple as let's relocate this analyst to this site and she's up and running as she was before, because it's not true. CHAIRWOMAN MAC'KIE: Thank you. MS. WRIGHT: And that's all I was here to let you know, that I agree that we should all be in one building, as expeditiously as possible. But I do agree that being in one building is better than separating those that are working in one bureau. CHAIRWOMAN MAC'KIE: As units. MS. WRIGHT: Correct. That was my intention for coming here today. And I appreciate your time and I thank you for your -- for listening to me. And thank you. CHAIRWOMAN MAC'KIE: Thank you very much. MR. FERNANDEZ: The next speaker is Tricia Walter and then Tom Conrecode. CHAIRWOMAN MAC'KIE: Tom, are you going to want to speak since we're -- you are? Oh, good. COMMISSIONER CONSTANTINE: Could I just make a suggestion that if we have comments for the different speakers, we save all those till the end rather than editorializing for each and every speaker. Page 66 February 23, 1999 CHAIRWOMAN MAC'KIE: Let's try to do that. MS. WALTER: For the record, my name's Tricia Walter. I am representing myself. I am a member of CIB, along with Tami and Theresa. I myself too have had health problems that appeared when I started working there. I am an analyst also; however, I'm a different type of analyst as opposed to the other four that are there. I am concerned with a space problem and not just health problems. If you move us to a modular site, which is fine. At this point I don't care if you stick a fifth wheel out on the grass, I'll sit in it. You know, as long as I can breathe, I'd be happy. A space problem. I may -- I deal with the people part of analyzing. I happen to come with a lot of excess baggage, so to speak. I have four five-and-a-half-foot by three-and-a-half-foot files that contain -- or file cabinets that contain almost 1,400 files that need to go with me. I'm the only person who works on them, so whenever I go, they need to go. They are bulky, they're big. My concern is, too, wherever we need -- wherever we are going to be put, like Theresa said before me, wherever we are with the analysts being together, I need to be with them also, so -- because of the extent of the information that needs to be transferred between the two -- between the five of us. They identify crime patterns, I try to tell them if somebody's doing it. When it comes to things like that, if we are in a modular unit, I'm concerned a little bit with more space, because -- and security with the CIB and the vice and narcotics bureau. I would rather -- I would be just a little leery, although I'm happy to get out of there, but I'd be a little leery of security with things like that. Because, I mean, you can hook up your pickup truck to a trailer and haul it off, if you want, if you're so inclined to do so. Like I said, I have also had the eye problems. I'm standing here wearing glasses today because I've been identified with an eye infection that has been caused by the allergens, so I'm just as happy as the next person to get out. If you say two weeks, fine. I am concerned with the computer linkups. They may be a lot more difficult. We've tried for three years to get the liaison hooked up with the State Attorney's Office, and that's still not done. So when you say two weeks, we may be out of commission for quite a while. And as for -- I did want to rebut somebody who was standing up here saying that maybe the sense of urgency is not as there as it was before. It is. And the people who stand up here and say it's not there anymore are not those people who work in that building. CHAIRWOMAN MAC'KIE: We could just relocate them to that building and -- MS. WALTER: Hey, I'd be more than happy. CHAIRWOMAN MAC'KIE: -- if there's not a problem. MS. WALTER: I'd invite them right there. I have enough room on my desk for my computer and about this much space to sit a note pad on. It's not -- there's not enough room in there. And obviously with the modular or off-site premises, we will be a little cramped. But we could probably deal with that if we can breathe. As long as we are kept together, I think we can probably work with it. I would be happy to work with it. Page 67 February 23, 1999 As for the urgency, it hasn't died down, it hasn't gone away. And to suggest that is actually kind of an insult to those of us who do work in the building. And we just want to make sure that those of us who are there are getting taken care of. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Just before we call the next speaker, if anybody is here for a different item, when we complete this item, we're going to take a one-hour lunch break, so if you are waiting around to see we're going to take an hour for lunch after we complete this particular agenda item. MR. FERNANDEZ: Tom Conrecode and then Mike Bruet. CHAIRWOMAN MAC'KIE: Mike, are you going to want to speak to us? One second, okay. MR. CONRECODE: Thank you, commissioners. For the record, Tom Conrecode from the V Group. And I'd just like to make two quick comments. First of all, our firm has been selected to design the jail and the Sheriff's administration expansion. We can begin work by noon tomorrow on the Sheriff's admin, space, if you so direct. It doesn't have to be directly tied to the jail expansion project. Secondly, on -- with regard to the proposals that you've received for the lease today, our firm submitted a proposal on that, and I can tell you if you go back on the street for six or eight weeks for another RFP for design build, our proposal won't be substantially different. We integrated the county's vertical space standards into our proposal, and I think from the looks of the qualifications of the other proposals, on this issue today, they too have provided a project that would meet the county's needs and save you that two-month period of time, so -- CHAIRWOMAN MAC'KIE: A question. Mr. Fernandez, he says they could go ahead and start design on the operational space now. Why wouldn't we authorize him to do that? MR. FERNANDEZ: Again, we don't have the funding source in place for that. MR. CONRECODE: There's another overriding issue, Commissioner. The county is in the process of going through the DRI, and we could do the design of that space concurrent with the DRI, and start construction upon receiving the DRI permit. CHAIRWOMAN MAC'KIE: Well, I really like that -- you know, if we're going to try to make good, Commissioner Carter, on our promise that we're not just making empty promises up here, you know, that's something I'd like to hear from staff as we go through the DRI process, if that can concurrently be designed so that it doesn't have a delay. I think that would show the Sheriff we mean what we say. COMMISSIONER BERRY: Well, yeah, it's nice to do that, but it also gives false hope if you don't have a funding source. CHAIRWOMAN MAC'KIE: Well, we're going to come up with a funding source. She says optimistically. COMMISSIONER BERRY: We'll, yeah, but right now we haven't -- you know, I don't have anything in front of me, and we'll take everybody out here to the end of the branch and then somebody will come along with their little hacksaw and chop up our funding source, and then that dumps -- they get dumped again. So I think that's -- it would be nice to do that, Tom, but we don't have -- Page 68 February 23, 1999 MR. CONRECODE: I understand. COMMISSIONER BERRY: -- we don't have all the pieces to the puzzle yet. And I think it would not behoove us as commissioners to get that far out before we know exactly how we're going to be able to pay for it. COMMISSIONER CONSTANTINE: Thank you very much. CHAIRWOMAN MAC'KIE: Mr. Bruet. MR. FERNANDEZ: Mike Bruet and then Kara Krantz. MS. KRANTZ: I waive. MR. BRUET: Very quickly -- CHAIRWOMAN MAC'KIE: She's waiving, so if you don't mind if we call the next one. MR. FERNANDEZ: Tommy Turner. MR. BRUET: Yes, Madam Chairman, commissioners, Mike Bruet, Collier Enterprises. Very quickly, listening to your conversations today, I can see you're going in the directions for a build to suit and that's certainly fine. We do have a very sound proposal here. We did the development services building, as you know, in the past with the county and Collier Enterprises, and look forward to doing that once again. If there's some temporary space needs, we'd be glad to work with the staff on some space in the park location is excellent, so -- CHAIRWOMAN MAC'KIE: Please do that.. MR. BRUET: Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Tommy Turner and then Stephen Smith, our final speaker. MR. SMITH: I waive. CHAIRWOMAN MAC'KIE: And Mr. Smith has waived his right to speak, so Mr. Turner will be our final speaker. MR. TURNER: For the record, I'm Tom C. Turner, Jr. We sent you a proposal in an eight-page proposal to the staff in line with what they have requested. We feel like we have the best site to offer the county, due to the traffic situation. We have a parcel of land that's on Enterprise Avenue that's going to come right up to Livingston Road. And Livingston will be there and Enterprise will intersect with that. We have six routes to get out of the park there, plus go out onto Livingston for the future. And I thank you all for putting the road through. And then it will also go out to Radio Road and also go to Golden Gate Parkway, by route of Livingston. But there is also a -- other small roads that go back onto Airport Road. As you know, Horseshoe Park has become very congested, and getting in and out of there with the county employees and people that are working in the park, there's only two routes in and out of that park. But we would ask that you all would entertain the proposal that we put before you. We have a building design for 60,000 feet with -- increasing to 120,000 feet by tilt-up walls, and we're going to put the height of the building at 34 feet. So it would be able to accommodate the future also, and you wouldn't be back here at the same situation a few years from now whenever Don Hunter or public works is asking for more space. You could go ahead and put 120,000 feet there and not move the premises. Page 69 February 23, 1999 And there's enough land there to accommodate that -- the building and the parking area. And also, it's a good location. Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Madam Chairman, a speaker who had formally waived his time has requested to speak -- CHAIRWOMAN MAC'KIE: I certainly -- MR. FERNANDEZ: -- Mr. Arnold. CHAIRWOMAN MAC'KIE: -- think he's entitled to after our debacle the last time. MS. ARNOLD: Madam Commissioner, commissioners, for the record, my name's Don Arnold. Only in helping you make your decision on where you're heading, I'd like to point out a couple of things that I think the staff needs to -- if you go out looking for temporary space today, even if it is available, and we know it's very tight, you're going to have to permit and do some build-out. And I think the thoughts of the trailer in two weeks and the temporary space in 30 to 60 days should be clarified by Ms. Taylor or that particular department, because I think you're talking probably four months minimum. That would be my thoughts. Because they'll be coming out to us looking for space. And even when you find it, there's a lot of problems in that. And I just think that commissioners should find out from staff how long it would really take to go into temporary space. CHAIRWOMAN MAC'KIE: I appreciate that. And hopefully that's what we're going to hear back from our staffs at the end of today's meeting, Mr. Fernandez, as we get some kind of report on the status. I appreciate you raising that. MR. ARNOLD: For your information, we're in for permits, so we're just going to go ahead and build. CHAIRWOMAN MAC'KIE: Good. MR. ARNOLD: So you'll find out, by the time you're out looking for temporary space, our building will be done and up and will be available for temporary space for you. CHAIRWOMAN MAC'KIE: Mr. Arnold, just to have a chance to apologize to you publicly for our doors having been locked when you were trying to get back in before. I know you've had some apologies and the problem's been corrected, but I did just want to apologize to you for that. Okay, we have a motion and a second on the floor. COMMISSIONER CONSTANTINE: Could we reiterate what that is? CHAIRWOMAN MAC'KIE: Yeah, motion maker, restate that thing. COMMISSIONER CARTER: Could you read the motion back? CHAIRWOMAN MAC'KIE: Let's see. The motion was that we would work with real property staff and work with the Sheriff's staff to come up with temporary one-year leases on office space, keeping their divisions together. And also, that up to 8,000 square feet of modular space would be made available on the county campus, with the decision being that building A would be emptied into that temporary one-year lease space, obviating the need for the $130,000 expenditure on air improvements. And that we would go forward with an RFP for a build to suit within approximately two miles of the Horseshoe Drive county building. COMMISSIONER BERRY: Right. Page 70 February 23, 1999 COMMISSIONER CARTER: Right. CHAIRWOMAN MAC'KIE: Motion and a second. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. We'll take an hour -- whoop, Mr. Weigel has -- oh, you're right, thank you. MR. WEIGEL: The companion item then is the reconsideration matter, where it would be appropriate -- COMMISSIONER NORRIS: I move that we reconsider our previous direction to the lease space. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Is that sufficient description, Mr. Weigel? COMMISSIONER NORRIS: It's just to reconsider -- CHAIRWOMAN MAC'KIE: Oh, then we'll make -- I'm sorry. Okay, all in favor -- MR. WEIGEL: The motion -- a motion to reconsider was actually made previously at the meeting. CHAIRWOMAN MAC'KIE: That's what I thought. COMMISSIONER NORRIS: Oh, was it? MR. WEIGEL: So this is actually the determination of the item itself, which was -- the previous action was the board approving a lease arrangement with Arnold & Arnold. CHAIRWOMAN MAC'KIE: So this would in fact be a motion to terminate those earlier discussions that we brought to reconsider today. MR. WEIGEL: This is a motion to deny -- you might say to deny the previous determination made by the board, which effectively is to do nothing, by the previous motion. COMMISSIONER NORRIS: I will modify my motion to reflect the advice that Mr. Weigel gave. COMMISSIONER CARTER: I'll second that. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. And then we'll be back, what, 1:15. (A recess was taken.) CHAIRPERSON MAC'KIE: We'll call back to order the meeting of the Board of County Commissioners, February 23rd, 1999. Item #SE1 DISCUSSION REGARDING TOPICS FOR THE 1999 ANNUAL CITIIZEN,S TELEPHONE SURVEY - NO ACTION We are on Item 8(E) l, which is discussion of topics for the Annual Citizens' Telephone Survey. Mr. Fernandez. MR. FERNANDEZ: Madam Chairwoman, in the follow up to the meeting that we had at the Vineyards, the goal setting session, we talked about formulating some new questions for the survey. I have spoken to Mr. Mohlke about that, and he's indicated that it's timely. We have the opportunity to make some changes. So I indicated to him that I Page 71 February 23, 1999 would bring it up at a meeting and ask if there's any additional commission input. I have four questions currently that I'm prepared to send. They have to do with health care access, support for conservation, acquisition program for open space and the environment. The third is, does Collier County have a role in providing health care services, and the fourth is, can you name your county commissioner. CHAIRPERSON MAC'KIE: The only other thought I had to add to those, because a couple of those were mine, is whether or not -- and again, I want to be really careful that we don't frame the question. We put the concept to Mr. Mohlke, and he professionally frames the question -- whether or not you perceive a stormwater or flooding problem and what, you know, do you think the County ought to be doing about it. Any other suggestions? COMMISSIONER BERRY: Is it too soon to put any question forward regarding a possibility of the sales tax? CHAIRPERSON MAC'KIE: I wonder about that. Maybe we want to hear from somebody. COMMISSIONER BERRY: I don't know. I'm just asking. COMMISSIONER CONSTANTINE: Yeah. COMMISSIONER BERRY: Yes, it is? CHAIRPERSON MAC'KIE: Well, it is for him because he's against it. COMMISSIONER BERRY: Well, okay. COMMISSIONER CONSTANTINE: Well, no, it's -- it's in two weeks' time, three weeks' time deteriorated from the magic bullet to, oh, well, we won't really be able to do this, and we won't really -- COMMISSIONER BERRY: Yeah, I know. Lack of information, do you think, to really -- COMMISSIONER CONSTANTINE: Yeah, until we actually get our hands around what is the question or what is the issue, then -- I -- just the mistake we've made when we actually have put things on a ballot before -- COMMISSIONER BERRY: Yeah. COMMISSIONER CONSTANTINE: -- is going ahead without knowing all our own information. COMMISSIONER NORRIS: I thought -- COMMISSIONER CONSTANTINE: I'd hate to have a question come back. COMMISSIONER BERRY: mean, I can certainly -- CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: going to argue that point. COMMISSIONER NORRIS: Okay, all right. I just was -- yeah, and, I He's thinking out loud. -- understand that. I'm not, you know, I just didn't know if it was -- I'd like to suggest that we ask some maybe a little more pointed questions about the landfill, such as are you impacted at your home by the landfill; do you know where the landfill is; do you perceive the landfill to be a major community problem, that sort of question I'd like to see. CHAIRPERSON MAC'KIE: I think we've asked questions like that in the past, but -- along that line. Since Mr. Mohlke is here, does anybody have questions for him? COMMISSIONER BERRY: I don't know -- anything in regard to the governance issue, Tim? Page 72 February 23, 1999 COMMISSIONER CONSTANTINE: Yeah, I don't know how we would craft that, but something, you know -- COMMISSIONER BERRY: I don't know either. COMMISSIONER CONSTANTINE: -- I think it's good or bad to have more cities in Collier County or -- not that simple, but, I mean, something along that topic line. CHAIRPERSON MAC'KIE: And maybe even a question about the at large commissioners adding to it. COMMISSIONER CONSTANTINE: No. COMMISSIONER NORRIS: No. CHAIRPERSON MAC'KIE: Okay. I've been talking about it for five years, what the beck. MR~ FERNANDEZ: Okay. COMMISSIONER NORRIS: Okay. MR. FERNANDEZ: Is that it? COMMISSIONER NORRIS: That's all for that one. CHAIRPERSON MAC'KIE: Sufficient direction. COMMISSIONER NORRIS: That didn't take long. CHAIRPERSON MAC'KIE: Okay. Thank you for being here. MR. FERNANDEZ: Thank you, commissioners. COMMISSIONER NORRIS: Mr. Mohlke is nodding in agreement that he'll have those questions crafted before we can finish the next item. Item #8E2 DISCUSSION REGARDING A PROPOSAL TO HOLD COMMISSION WORKSHOPS IN EACH COMMISSION DISTRICT - COMMISSIONER CONSTANTINE TO WORK WITH THE COUNTY ADMINISTRATOR TO DEVELOP A SCHEDULE AND BRING BACK TO THE BCC CHAIRPERSON MAC'KIE: Okay. Now we'll talk about the workshops. MR. FERNANDEZ: The next item is a suggestion -- is a follow up to another suggestion that we have district meetings distributed throughout the county, and this -- this list of dates was not designed to be a specific schedule but rather a suggestion of what the schedule could look like and the spacing between meetings, locations, that sort of thing. I would like to get the board's reaction, if there is one. COMMISSIONER CONSTANTINE: Sure. I'm the one who had suggested we ought to have meetings in each thing. We had done this years ago, and then it somehow turned into, gee, we want to do this all before the budget, and that really wasn't the intent. The idea is not that it has to be for a specific topic, but that we ought to get to Immokalee, and we ought to get to the Golden Gate community just sometime during the year and make that a regular thing every couple of months, however it happens to work out, and I had a worry, I have a conflict March 18th, but I had a worry trying to cram these all in, and particularly as you get to June 17th or July 15th, you may not get as much of a turnout in district one and district two just by the nature of that time of year. COMMISSIONER BERRY: Exactly. COMMISSIONER CONSTANTINE: And so I would much rather have us spread these out and do some maybe late in the fall -- COMMISSIONER BERRY: Exactly. COMMISSIONER CONSTANTINE: -- just so we can reach the maximum people possible. Page 73 February 23, 1999 COMMISSIONER NORRIS: The discussion item says, workshop, but what we're really talking about, I believe -- COMMISSIONER CONSTANTINE: Town hall meeting. COMMISSIONER NORRIS: -- is town hall meetings, right, not a workshop? COMMISSIONER CONSTANTINE: Right. COMMISSIONER NORRIS: A substantial difference. COMMISSIONER CONSTANTINE: Yeah, and not necessarily a specific agenda. If there's, you know -- when we went to East Naples before, there was a drainage issue, and we brought staff and addressed that, but opened it up for anything. The idea was just to be available in each section of the county. COMMISSIONER BERRY: Can I add one other little facet here? CHAIRPERSON MAC'KIE: Please. COMMISSIONER BERRY: If you take a look at district five geographically, you have one huge district, and I certainly support going to Immokalee. I think I brought that up at the meeting itself, but if you go some 35 to 40 miles to the southeast, you get into an area that even has a more different population, encompassing a city plus a lot of other surrounding areas with the Port of the Islands growing at the rate that it is growing down there, plus you've got Plantation, Ochopee, Chokoloskee areas and you've got little areas to the north that do have inhabitants down there -- CHAIRPERSON MAC'KIE: Oh, yes. COMMISSIONER BERRY: -- that people may not be aware of, but they're -- we have people down there, and I would like, if we're going to not have to get this all done by the 15th of July, which I concur, I think it's trying to do too much, then I would like to ask your indulgence to add a meeting down there to hear the concerns, because their concerns, I will tell you, are virtually very different than the ones up in the Immokalee area. You really have two different and yet, when you come in on district five, the Golden Gate -- the one that's scheduled at Golden Gate Community Center would certainly serve that population. So we would cover geographically a large part of Collier County. COMMISSIONER CONSTANTINE: Can I just make an offer, and that is to, in the next two weeks, sit down with our county administrator and run through, and even if it's not necessarily okay, we only do one from each district, because I think your point is well taken, let's pick five or six different geographically appropriate locations around the county and spread them out through the year, and I'll work with Mr. Fernandez, and we'll bring that back to you and just see if we have something that works a little better. COMMISSIONER BERRY: COMMISSIONER NORRIS: MR. FERNANDEZ: Okay. CHAIRPERSON MAC'KIE: with that. COMMISSIONER NORRIS: That's fine. Fine. Good, on the calendar before. So, that was a quick one. I could live Item #8E3 PRESENTATION OF TWO NEW INTERNAL TRAINING INITIATIVES ENTITLED "COLLIER COLLEGE- AND "LEARN TO LEAD" - PROGRAM TO BE TRACKED Page 74 February 23, 1999 CHAIRPERSON MAC'KIE: Okay. So, moving on then to 8(E)3 which is two internal training initiatives that Mr. Fernandez wants to tell us about. MR. FERNANDEZ: Thank you, Madam Chairwoman. I'd just like to take a couple of minutes to tell you about some things that we're doing that I think are really positive and indicate attempts to fully utilize the resources that we have within our organization. We have a couple of new training initiatives. The first is -- well, first of all, the -- what -- we're trying to use the in-house talent we have in our organization. We found that the programs that we had kind of lacked some of the basic skills necessary to do business in the county, such as how to buy goods and services for the county, how to prepare and manage a budget, how to write executive summaries, that sort of thing, how to do business within the county's organization. We found that we had a lot of talented people in the organization that had the ability to bring this message to our employees, and then, in fact, have trained 17 employees to effect -- essentially do the teaching. Beyond the ones that I've mentioned, the courses also include working with the press and -- and getting your program out there and getting more exposure for it in the public, recruitment and management of employees, facilities management, information technology and working with the county attorney's office. The benefits to this is that we feel the agency is going to function more effectively and more efficiently. Work tasks will be streamlined. It will be more consistent because we're all following the same direction, and the trainers have already reflected some positive benefit from having been taught the techniques of teaching. So we find that that's working really well. The cost is minimal. It's just the staff time of those that are teaching the courses and those that are attending the courses, and we find that to be significantly less expensive than external training in the private sector. The second initiative is called learn to lead. This is a modification of a program that the extension service has been offering to the public. We decided to modify it a little bit, kind of focus it on the needs of our organization. This teaches basic management skills such as delegation, time management and delegation again is what it says here. CHAIRPERSON MAC'KIE: We really mean that. COMMISSIONER NORRIS: It's important. MR. FERNANDEZ: It targets new and aspiring supervisors for those who want to become supervisors and those who are new at it, and it gives them kind of the skills necessary to be effective in those new jobs. Here we think the benefits are high employee interest. We already have the first class filled up. It's a direct utilization and more complete utilization of the extension service resources. We're trying more and more to find ways to channel those resources to be more relevant to the needs of the county, and we think it will result in a more skilled first level supervisory work force. Page 75 February 23, 1999 In conclusion, the organization has an impressive array of talent. That's clear, and we're making an attempt to utilize that talent to make the organization better. These programs take the full advantage of those talents that we have within the organization, and I feel the training programs help us move in the direction of our goal of being the best managed county in the State of Florida. CHAIRPERSON MAC'KIE: Thank you. Commissioner Constantine had a question. COMMISSIONER CONSTANTINE: How will we track the success of the program? MR. FERNANDEZ: Well, the kinds of things I talked about are difficult to measure, increasing efficiency, streamlining our effectiveness. Hopefully, you'll see it in the form of more consistent executive summaries. Executive summaries are one of the things we talked about at the goal setting session a couple of weeks ago, and this is our way of being able to communicate a consistent standard so that we know everybody has the same expectations. So, measurement is going to be difficult because it's a qualitative thing. What we're going to see is improvement in quality. COMMISSIONER CONSTANTINE: I guess if we're more efficient and more effective, I would think that would translate to not necessarily needing expanded positions as soon or -- I don't know. There seems like there has to be some way to measure that. I realize there are some intangibles. You go to Disney, and they treat you differently than other places, and you can't put your finger on it, and it may not come up in specific dollars and cents, you just know you get better customer service. I understand we're trying to take care of that and trying to put our people with some initiative on a track, but just if there was some way to maintain that, either people who have gone through the program and over a three year period we look at how they have progressed through the ranks or something, just so we have an idea that a year from now or two years from now or five years from now that, yeah, it's working. COMMISSIONER CARTER: I think, perhaps, part of, Commissioner Constantine, what you're talking about is that you put it into performance measurement standards with the supervisors or managers going through this process, so there should be some tracking there. If I send a person off to a course and they are willing to do a better job in delegation or time management, that it should be reflective in job performance. So, I would like to see a tracking that way where individual managers sit with employees who participate in these programs so there's a linkage between the educational experience and the work experience. MR. FERNANDEZ: We can put on our thinking caps and come up with some ways to measure this, tie it into performance evaluations and see what kind of results we're getting from the program. Be glad to do that. Thank you. CHAIRPERSON MAC'KIE: Okay. Are there other questions or comments? COMMISSIONER NORRIS: Nope. Item #8E4 Page 76 February 23, 1999 PRESENTATION OF "COUNTY PURCHASING CARD PROGRAM" INITIATIVE - NO ACTION CHAIRPERSON MAC'KIE: If not, then we can talk about county credit cards. MR. FERNANDEZ: Madam Chairman, I forgot to ask Karen Kocses to hand out the summaries of the information I just presented. Karen is our training coordinator with human resources, and she came up here, and she says, Bob, why did you have me come if we didn't hand these out. Thank you, Karen. CHAIRPERSON MAC'KIE: Thank you. Okay. Then this purchasing card, is that you, Mr. Ilschner? MR. FERNANDEZ: No, that's me. CHAIRPERSON MAC'KIE: That's you, Mr. Fernandez. MR. FERNANDEZ: This is another program that we're initiating that is streamlining the purchasing process. It's taking the place of field purchase orders and saving us some money in the process. If I can get this thing -- okay, here we go. Hopefully, this one will be a little more entertaining than that last one. CHAIRPERSON MAC'KIE: Well, that is. MR. FERNANDEZ: Oh, yeah, so far. CHAIRPERSON MAC'KIE: There we go. MR. FERNANDEZ: Okay. This is called the pilot -- COMMISSIONER CONSTANTINE: Is that Skip Camp? CHAIRPERSON MAC'KIE: That is Skip. COMMISSIONER CARTER: In his youth. CHAIRPERSON MAC'KIE: Oh, my God. MR. FERNANDEZ: This is called the pilot purchasing card program, and in this one, we started this last July and used just a couple of departments using the State of Florida contract with NationsBank. The purchasers are restricted to $500 per purchase and $5,000 per month in transactions. We have five departments, as I said, that are involved in the pilot program. We're trying it on a pilot basis to see if this is really going to result in some savings for us. In all, there are 32 cardholders that are currently participating, as I said, through the program. Through January, 489 purchases totaling $52,000 has been transacted. The advantages are we find that there's 64 percent less staff time involved in processing the transactions. There's 22 percent less expense in the field purchase order process and is considerably more convenient for staff. Vendors are paid within two days of the transaction instead of the usual period of time that has been an issue. The disadvantages, and we've got a little guy there hung up over disadvantages, not all vendors accept the cards. All purchases are expensed to a single object code and make it a little difficult to track, and the bank requires payment within 15 days of billing. The next steps are to receive billing electronically to further streamline this program, to process bills on a weekly basis and to evaluate the overall progress. Strategically, we plan to expand the program five to ten users at a time. This essentially means people are going out, buying things for county business using credit cards Page 77 February 23, 1999 instead of the traditional field purchase order, which is much more cumbersome, and so far it looks like it's going to be a winner for us. CHAIRPERSON MAC'KIE: Good. Any questions, board members? COMMISSIONER NORRIS: No. CHAIRPERSON MAC'KIE: Nope. Thank you. Item #8E5 PRESENTATION REGARDING INFRASTRUCTURE SALES SURTAX - STAFF TO EXPLORE AND EXPAND ANY OPTIONS I guess we can move on now to the presentation regarding infrastructure sales surtax. MR. McNEES: Good morning, Madam Chairwoman, commissioners. CHAIRPERSON MAC'KIE: No, it's good afternoon. MR. McNEES: Mike McNees from your county administrator's office, and if you'll indulge me for just a minute, I'm going to set up a presentation as well. While I do that, I will -- I will remind you that at your strategic planning about three weeks ago, we presented you a presentation regarding your road funding shortfalls and the various options that you had available to you to attempt to deal with that situation. One of those options that we talked about was the possibility of an infrastructure sales surtax, and as you'll recall, we talked about a number of other options that you did not express interest in. You asked us in the three weeks since that time to prepare for you in a little bit more detail regarding the infrastructure sales surtax, to flush out a little bit what our capital project needs are and to bring to you some more information regarding the processes and the implications of that infrastructure sales surtax, and that's what I'm here to do for you today. The first thing I want to do, in addition to -- CHAIRPERSON MAC'KIE: Is get that off the screen. MR. McNEES: -- killing Bob's program here -- the first thing I want to do is tell you that we are not here to sell you anything, and I think that's very important. I'm not standing here today as a salesman to try to convince you that an infrastructure sales tax is what you need to do. I'm here today to bring back to you -- and you'll have to excuse me for a second. I'm here today to bring back to you the information that you asked us for only in the form of information, and there's an unbelievable amount of backup information that goes into this presentation that we are going to try today not to delve deep into the details of, particularly the project lists and that sort of thing. Our intent today is to give you some outside numbers to make you understand where they came from, to talk to you a little bit about what the options are, what the implications of an infrastructure sales tax would be, what kind of money it would raise, and then in the end, to seek some direction from you as to where you want us to go next. So, I think it's very important to recognize we are not selling you anything here today, and it will take me just about 30 seconds here, if you'll indulge me. MR. FERNANDEZ: Madam Chair -- Page 78 February 23, 1999 CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: -- while he's doing that, let me just add a few comments. It's -- it's clear that just in the presentations that I have made to groups since we've had our goal setting session and since this issue was first broached, the Board of County Commissioners has a foundation that established the need for this funding, and that foundation is a combination of things we have brought to you in different forms. We brought you the space plan that the board has approved. We talked about the AUIR and the need to increase and speed up the funding of projects and the funding that will be necessary in order to do that, and I find that as we talk about the alternatives in public forums, the public doesn't have those foundations. CHAIRPERSON MAC'KIE: No. MR. FERNANDEZ: The public does not understand the need for the funding at the same level the Board of County Commissioners does. So, I've recognized the need for us to concentrate on that facet of this as we go forward, if, in fact, the board directs us to do so, and explain why the additional funding source is necessary to meet the future needs of this county, and I think that's a very good point, a very important point for us to concentrate on. COMMISSIONER BERRY: This is just in a way of explanation. Would you tell them -- there's a lot of people sitting here, and how many of you know what the AUIR is? COMMISSIONER NORRIS: There's one. CHAIRPERSON MAC'KIE: The staff. COMMISSIONER CONSTANTINE: Wayne Arnold. COMMISSIONER BERRY: Okay. This is a good opportunity -- CHAIRPERSON MAC'KIE: Former board members. COMMISSIONER BERRY: Yeah, I'm sure some of the planning people, planners know what it is. If you could just give us and kind of let the people know, this is a perfect time to let it out of the box. It's something real secretive. MR. McNEES: I hope to cover that as we go through, perhaps -- COMMISSIONER BERRY: Okay. MR. McNEES: -- in some detail anyway so people -- we're going to try to present this in English -- CHAIRPERSON MAC'KIE: Good. MR. McNEES: -- so that people understand in English what we're talking about, what some of the pressures are. COMMISSIONER BERRY: Well, sometimes we use acronyms, and unless you work with us all the time, people don't understand what they are, and it -- MR. McNEES: I promise. COMMISSIONER BERRY: -- makes it real difficult, and everybody kind of -- and nobody wants to be the guy to raise their hand and say, I don't know what you're talking about. MR. McNEES: I promise. COMMISSIONER BERRY: So, I'm just trying to help you so you sit out there, and you're going to be informed when you leave here. CHAIRPERSON MAC'KIE: We are getting a Scout's honor pledge here to do it in English. Page 79 February 23, 1999 MR. McNEES: I'll do my very best to do my duty and not do any acronyms. COMMISSIONER BERRY: Okay. MR. McNEES: What we're going to talk about today is first, and maybe foremost, the ten year capital project needs that your staff has identified and what those funding deficits are. Now, why ten years is probably a good question, and we think that a ten year window is probably just about as far out as we can look with any kind of, and I hate to even use the word certainty, but with any kind of clarity at all. If we go beyond ten years, we are really making guesses. Now, I know the planners will not like it that I say that, but from a practical nuts and bolts standpoint, we think to look a lot further than ten years at this point, we just can't give you the kind of solid information we'd like to. To be perfectly honest with you, even in the second five years of the planning window, things get a little hazy. Now, the one thing that we believe is a certainty is growth will not stop and that people will continue to move to Naples, and they will continue to build new homes, and that part of the ten year window for us is fairly clear, and we -- maybe that's a luxury. I'm not sure you call it a luxury, but as far as planning purposes, that is something of which we can be pretty certain. So we are going to talk about the capital project needs, and I need to talk a little bit about what are we going to show you when we talk about capital project needs. We are going to show you today only capital project lists that come from some sort of planning document that you've seen before, and, for example, Commissioner Berry mentions the AUIR. We are talking about there the growth management mandated list of road projects that you need to build to maintain your concurrency with your growth management plan. That's the list that pretty much we're going to work from. You also have talked today about the five and ten year space plan for what I'll call governmental facilities, and that is a document you've seen before. We understand that you haven't agreed as a board to fund everything in that plan, but you have seen the plan, and you understand where the numbers come from, so that's where we're going to work from today. Now, there are a couple of projects as we go through here and a couple of numbers in this presentation that you have not seen before in some sort of formal way or as some sort of formal planning document. When we get to those, I'll identify them, and I will explain to you why they're in there. This -- the most difficult thing with an issue like this is to make the numbers stand still, because as you know, at any given moment, there are proposals in the air, there are ideas that have come up in the last few weeks, there are projects that you maybe discussed that you think are a good idea but there has been no formal action on, so it's very, very difficult to make the numbers stand still at any given moment so that everybody understands what we are talking about. So, we'll try real hard today to identify when we're talking about numbers and project lists exactly what it is we're talking about, and one of the things I'll also say about the project lists is we are certainly not asking you today to indicate interest in the sales tax that will fund everything that's on the spreadsheet I'm Page 80 February 23, 1999 about to hand you, because you really haven't had those discussions yet. We'll be recommending to you that if we go further down this road, that will be one of our steps. The second thing we're going to do is, after we've identified the project lists and the deficits, is look at what kind of funding would be available from a half a cent and a one cent infrastructure sales surtax. We want you to see those numbers, see how they compare with your deficits, and we're going to talk about some scenarios by which that tax could be used to fund your deficits. We'll also talk about -- a little about what your funding options are. We have had that discussion in pretty good detail during your strategic planning meeting, but we don't want to just ignore options. We want you to talk about some of those, too. The third thing we will do is talk about the mechanics for the adoption of such a tax and give you a feel for what your options are mechanically, what has to happen for this to be adopted, and we all understand there's a referendum requirement. Well, how do you get there and what's the possible timing for that. The last thing we'll do today is talk about action items, and if you are interested in taking this discussion to the next step, we want to talk to you about what that next step is and see if you have any direction for us in that regard. The types of capital projects we are going to talk about today are road projects, stormwater management projects and government facilities. Now, under government facilities, we're going to talk about jail and sheriff's operations, and I think I've heard a little bit of a discussion about that today. I may not even need to talk about the need on that one. We are also talking about, as I mentioned earlier, the five and ten year space plan that you've seen. The only project list that you probably have not seen in some sort of a formal document is probably the stormwater management projects. Those you have discussed individually in great detail at different times. There have -- in fact, has been one failed referendum regarding one of those projects already. You've talked about special assessment districts in some ways. You've talked about benefit districts. We talked a number of years ago about a stormwater utility that eventually did not come to pass. You chose as a policy direction not to go that way. You have identified consistently one of your top strategic objectives to be the effective management of your stormwater, and that remains one of our most difficult funding challenges. So, we put those projects on this list today. You're all familiar with the discussions that you've had regarding the appropriateness of making those countywide projects, and we're not going to really delve into that today. You're familiar with that, and I don't presume by putting these projects in the discussion that you will automatically decide they should be countywide projects. The numbers are here, so you'll understand the onus of magnitude and how the sales tax could affect your ability to fund those projects. Road projects, to talk a little bit about what's in this list, I just picked a couple of example projects. We have the Livingston Road project, which is in the fairly immediate future. We have the Immokalee Road project, and if Mike Smykowski will hand out a spreadsheet for the board members, and for members of the public, he Page 81 February 23, 1999 has extras for anyone that wants one, this gives a little bit of information about the numbers that we are talking about as we go through here. You don't really need it today, but it will, perhaps, be good backup information for you so you see what these numbers are. CHAIRPERSON MAC'KIE: But Mike, this -- the projects that are listed here are projects that are currently unfunded? MR. McNEES: They are currently in your growth management plan to be constructed -- CHAIRPERSON MAC'KIE: But. MR. McNEES: -- and we're going to talk in just a minute about the deficit and about how much money we're short. I'll just give you some examples. Livingston Road, the expansion of Immokalee Road, and as you see the numbers in the spreadsheet at the very top for the road projects as they're spread out over the ten years, the one thing that this list does not show is the advancement of Immokalee Road as you have discussed it, because your growth management plan has not yet been changed to make that advancement. Now, that does not affect the deficit that we're going to talk about. It only changes the timing. So, it's not material to the discussion we're having today, but it does affect the timing. The other thing that's on your list, and as you look at the very top of that spreadsheet, you see on the second line or the second row, level of service enhancements. That is an amount of money over ten years, 54 million dollars that is not a part of your adopted growth management plan, but that's what you directed us to bring back to you. You said, if we're not satisfied with the existing level of service as it's in the growth management plan, what would it cost us to have a material effect on improving that level of service. Now, I'm going to tell you, that is a -- I won't quite say a wild guess, but it is a very quick analysis of some of the things that we could do, and, for example, intersection improvements to enhance our levels of service, that is a very quickly produced number at your direction but at least gives you an order of magnitude, and I will re-emphasize, that's a quick number. It is not in your growth management plan, but we have shown that number here today as a part of your deficit because you asked us to. You asked us to tell you what the order of magnitude would be for those improvements. The other thing that I need to mention is there is no funding, we have put no numbers in this presentation for the Gordon River bridge, for a potential county share of a hypothetical Gordon River bridge project, which is why it's not in here. You have talked about it a little bit. We didn't feel like there was any clear direction from you to even begin to consider something like that, but I tell you that because as you look at your deficit, if you do have an interest in the back of your mind in that project, those numbers are not in here. COMMISSIONER CONSTANTINE: Logic would then dictate that any connection to the Gordon River bridge once it got to this side probably isn't included in here either? MR. McNEES: That's correct. CHAIRPERSON MAC'KIE: And that's -- that's the critical component from the County's perspective. MR. McNEES: And we're lucky this time, we and logic are on the same page. CHAIRPERSON MAC'KIE: Imagine that. Page 82 February 23, 1999 MR. McNEES: Your road deficit, we have talked about this before. We're looking at 266.8 million dollars' worth of projects. The revenue sources, which are detailed on the spreadsheet that you've been given, total 176.9 million dollars over the ten year period. We're looking at an 89.9 million dollar deficit. The material to that is the fact that your five cent local option gas tax sunsets in the year 2003, and absent a referendum, a successful referendum to perpetuate that tax, that money goes away. That it will, at that time, be about 4.2 million dollars a year. So, the numbers that you're looking at do not presume the continuance of that sales tax or that five cent gas tax, and it gives you, at least, an order of magnitude on what the road deficit is. We're going -- you will be reviewing road impact fees before the end of this year, and we'll talk a little bit about the impact of that on this before the presentation is over. I'll tell you that if you significantly raise your road impact fees, it will materially affect this deficit. It will not even begin to remove it. So, it's fair to say that there's a deficit even if you raise your impact fees to the highest legally defensible level, which is a whole other conversation we can't have today, but even if you do that, this deficit does not go away. Stormwater projects, just to give you an example what are we talking about, and this is as much for the public as anyone, what are we talking about when we talk about stormwater projects? We're talking about the Gordon River extension basin that you've talked about. We're talking about the Lely area improvements, which have been on the books for quite some time and you have struggled with some way to fund. We have Immokalee urban area improvements, which you-all will recall during Tropical Storm Jerry, we had some pretty severe problems in the Immokalee urban area. We're talking about the Haldeman Creek project, which is one that is coming forward. There's been preliminary discussion, perhaps, with benefit assessment. There is a school of thought that says that is a countywide project. That is a Naples Bay water quality project, and, you know, that's the kind of discussion that will eventually have to be had as we go down the road, but those are the types of projects we're talking about with stormwater. Your stormwater deficit, you have 54 million dollars' worth of projects. You have 21 million dollars' worth of revenues, for about a 33 million dollar deficit. Now, those revenues, I put them on here, but for the most part, those are state and federal matching fund revenues. Without your money, there is no other money. So, it's a little bit misleading to say that that -- to count that 21 million dollar as real revenue, because, as I said, for the most part, that's matching fund revenue. Now, there is some money in there contributed by, for example, the City of Naples. I believe there's some sharing in the Gordon River basin and some of those types of things, but for the most part, that's money that you don't get unless you match it. So far, and maybe I'm overemphasizing this, but this has been an area that has been most consistently difficult to find funding. CHAIRPERSON MAC'KIE: Michael, if this 21 million -- if we were to fund our matching share of that, would that be consistent or inconsistent with our past actions? Would that be a new 21 million Page 83 February 23, 1999 dollars if we were to match it or have we consistently been budgeting that kind of money? MR. McNEES: That would be consistent with what you've done in the past. Government facility projects, and I feel like I got a little assist this morning, perhaps, in this part of the presentation. You-all understand the jail already and the renovation issues with the jail. I believe you understand, at least, what has been identified as the need for sheriff's operation space, and that number is in the five year plan, the five and ten year space plan. As I said, you have already seen that five and ten year space plan which builds space not only for your agencies but the office space for the ten year period, at least for this presentation's purposes, for the property appraiser, the tax collector, the clerk of courts, the court systems and all of those other agencies for whom you are responsible to give housing, and so it's not -- it's important, I think, to recognize, this isn't space just for your folks. This is for everybody. You're the custodian of the space, and it's your responsibility to meet that need in the ten year future. Now, there is one project on this list, and we are in the -- at the very bottom of the spread sheet, at least the bottom about three-fourths of the way down under government facilities, there is a 14 million dollar project spread out over ten years for a county maintenance facility. That's a facility for vehicle maintenance. You haven't seen that in any meaningful way, in that you've heard it discussed over the last few years. I put that on here just because I think it's a material number, and for us not to include it in this list -- I am not presuming you agree to fund it in any way, but to leave that out and then throw it in later, we thought would be a mistake. So, we thought you should see that. That's for vehicle maintenance and equipment maintenance for all agencies, not just your agency, the sheriff's office. CHAIRPERSON MAC'KIE: We've been talking about that for four or five years, too. MR. McNEES: Exactly. The sheriff's office has a critical need in that area, and we've just outgrown your county barn facility. It's -- it's just deficient, and he can't do the job. So, we have included that project, and again, I'm emphasizing, that's not one you've seen before. That's not one you've agreed to fund, but for purposes of discussion, we wanted to show that. This deficit looks a little different, and we're showing 141 million dollars' worth of projects, 12.7 million dollars' worth of revenues and 128 million dollars' worth of deficit. Now, I'll tell you that that 12.7 million worth of revenues presumes that the public works building we were talking about this morning is fully funded by user fees, and I think that's probably, I won't call it an error, but a false presumption because a piece of that money will be rents paid by some of the other agencies, pollution control, natural resources, who will probably be in that building eventually, which might come from the general fund. So, 12.7 may be a little high on the revenue side, but with a 128 million dollar deficit already, it's barely material, but I want to point that out. So, what's the big picture? CHAIRPERSON MAC'KIE: Here we are, right there. Page 84 February 23, 1999 MR. McNEES: When you add it all up, the ten year deficit is 251 million dollars, and as I looked at that, I thought that does kind of put us squarely behind the eight ball, and it's certainly something that we cannot ignore as we stand here today. Now, I will -- I will repeat, because I think it's very important, this deficit number does not presume that you want to pay for and construct every project on every list that made up this presentation. That is a discussion that we'll have to have in much more detail as this thing goes down the road, if you choose to take it further down the road. What are your options for funding this deficit? Well, one of the things you can do is pursue a reinstatement referendum for the five cent local option gas tax. That helps with your road deficit. It would also require a considerable amount of bonding of your gas taxes to meet the deficit need, but it's within reason to think that that will pretty much address your road needs. It does not, however, meet any of your needs in the other areas. So, what would be required at that point, in addition to a referendum for the five cent local option gas tax, for your jail and your government facilities, you would probably be facing a referendum for general obligation bonds to allow you to bond ad valorem prop -- ad valorem property taxes to pay for those governmental facilities projects. So you have -- this is an and. This is not an or. CHAIRPERSON MAC'KIE: And both of those are outside our control. Both of those would require a referendum. MR. McNEES: Both of those would require a referendum, and I will add, because I forgot it during -- well, I talked to you about roads, that your six (sic) cent local option gas tax sunsets this year by the end of the year, and we will be bringing action to you to perpetuate that before summer, and that's something that is at your discretion. It does not require a referendum. Other options, I talked a minute ago about increasing impact fees, and that would provide partial funding, at least, for your roads. It does not erase the deficit. COMMISSIONER CONSTANTINE: What kind of a dollar figure does that provide? MR. McNEES: Commissioner, I cannot -- I can't answer that today. That study is under way, and I can't pre-determine its outcome, but that comes to you before the end of '99. MR. FERNANDEZ: Madam Chairwoman, on that one, there is -- the study isn't the whole answer. As I understand it, the board chose to adopt an impact fee level the last time it was presented to you that was something less than what was calculated as the full cost of those units, the additional units. That, in fact, may be your concern, again, in order to keep the cost of new housing from escalating too far beyond reason. You will be faced with that same kind of decision when you do receive that study, and it talks about the costs of additional infrastructure necessary to accommodate growth, you may find yourself establishing a revised impact fee that's something lower than that amount that's presented to you. MR. McNEES: So, again, the impact fee issue is one that remains material as you go through this discussion as time progresses, and we'll do our best to give you the most current information. What's important is to understand the relationship, and, you know, as numbers Page 85 February 23, 1999 firm up, then we can do a better job of defining exactly what that means. The last option and the one we're going to talk about today is the infrastructure sales tax, which you can implement either at a half cent or at a full cent, and we probably -- you may ask us questions about some of the technicalities of the adoption that we're not prepared to answer yet. I think we probably are, but there may be something we've missed, and I will apologize in advance. We've only had a couple of weeks, and this is a pretty complex issue. So, if there are questions you come up with that we can't answer, we promise that we'll answer them as quickly as possible. Here's what it raises. A penny of infrastructure sales tax in the first year, and this is an estimate that was come to independently both by the State of Florida and by your financial advisor, each of those came up with a very close estimate to the other. In the first year, 31.5 million dollars is raised by a penny of sales tax. In nine years, the total is 344.8 million dollars. That's with the 5 percent annual growth factor. Now, you would ask, why nine years if we're talking about a ten year planning window, the earliest you could possibly have a sales tax in place is January 1st of the year 2000. This year is already gone. So we can't -- we can't collect it now, so you're only talking about nine years that will affect your planning window. Half a penny, and I think I just -- I may have just passed it up, a half a penny raises half of that, 17 million dollars in the first year and approximately 180 million in the nine year period. What are your options for the adoption of a penny or a half a penny sales tax? Your one option is to have a referendum question on the March 14, 2000 general election ballot. The earliest you could then levy the tax would be January 1st of the year 2001, and the advantage to that is that it doesn't cost you anything additional. That election is going to happen anyway. The disadvantage obviously being that you don't get any revenue from it until the year 2001. I'll tell you that this is far and above the option that your supervisor of elections prefers because it is certainly -- any other option is a great deal of work for her. The other option being a referendum question on some sort of special election ballot, probably a mail ballot. The advantage to that, you can begin to collect revenue as early as the year 2000. It gives you a year earlier. The disadvantage to that, Ms. Morgan has informed me that the estimated cost of that election is about $200,000. COMMISSIONER CONSTANTINE: Mr. McNees, did she happen to indicate what the likely participation is from the special ballot versus presidential preference primary? MR. McNEES: No, we actually have not asked that question. COMMISSIONER CONSTANTINE: I would just assume, and this may be wrong, but I would assume that put both major parties likely to have contested presidential primaries, a presidential ballot being that which draws a bigger response than any other ballot, we would have a much better response in that than we would on a special one issue mailer or ballot. MR. McNEES: I'm sure she can tell us exactly what the response has been on the mail ballots that we've had over the years, and we'll be glad to compile that for you. Page 86 February 23, 1999 CHAIRPERSON MAC'KIE: That would be good information. MR. McNEES: Funds available to the cities from a one cent sales tax, this is a relevant issue. The City of Naples in the first year, it's estimated about 3.5 million dollars would be raised, for the City of Marco Island, approximately two million dollars, and for Everglades City, about $90,000. So, that's a relevant factor, and we have had no discussions whatsoever with anyone from the cities about whether they are interested in supporting this or whether they're -- what they would do with the money. We thought that would be extremely presumptuous until we've had this conversation with you about where you think we need to go next. Obviously, that would be a step we would take. If you choose to go further down the road, we would begin to involve the staffs from the other three agencies. CHAIRPERSON MAC'KIE: Mr. Norris. COMMISSIONER NORRIS: Mr. McNees, this money, would this go to the general fund or is this earmarked for capital projects, capital project? MR. McNEES: This -- this money is earmarked only for capital projects. CHAIRPERSON MAC'KIE: But -- COMMISSIONER NORRIS: So the City of Naples, the City of Marco would have to, as well, put that in their capital budgets. COMMISSIONER CONSTANTINE: Yes. MR. McNEES: That's correct. CHAIRPERSON MAC'KIE: But they could, likewise, do a property tax millage reduction as we anticipate. COMMISSIONER NORRIS: Yeah. MR. McNEES: That's correct. Now, there's an important, and I guess I'll call it a fine point, the state statute does not allow you to raise the sales tax to directly offset ad -- to directly offset existing ad valorem tax levies, and I think that's pretty close to the wording of the statute. We believe that the types of things we've talked about with you, which are using the infrastructure sales tax to supplant gas taxes that you are currently using for road construction, hence allowing those gas taxes to roll back into the road and bridge operation and allowing sales tax then to go back to your general fund, we think that's okay, and we're -- obviously, we're getting confirmation of that, but there is a fine point of not being able to directly offset existing ad valorem levies, and that's another thing that if we go down the road, we'll want to clarify. CHAIRPERSON MAC'KIE: So, for us, it would have to be sequential, it would have to solve the -- we would have to cure the problem we caused ourselves in the maintenance budget, and then the dominoes would fall so that it wouldn't be directly? MR. McNEES: Yes. CHAIRPERSON MAC'KIE: Okay. MR. McNEES: Now, Mr. Smykowski is handing you one more spreadsheet, and I have one I want to put on the -- if I can get somebody in the control room over there to switch me to the visualizer, I think they call it, and you-all need to push the magic button on top of your little screen there, and I will apologize, this is very difficult to read. Page 87 February 23, 1999 We talked about -- or we need to talk about -- we've identified the deficit pretty clearly. How do one penny and one half a cent affect your deficit? I would probably recommend to you that you read this on the handout that you've just been given. You'll never figure it out on the screen. CHAIRPERSON MAC'KIE: For our friends at home, you'll never figure it out. MR. McNEES: We try to make this understandable, and sometimes it's just complicated, and you have to put a spreadsheet out here. One penny of sales tax, if you adopt it for ten years or if you adopt it in perpetuity, raises, as I said, the 340 million dollars over the ten year period, and the second row that you see on your spread sheet charts the annual deficit versus the revenue from the penny sales tax, leaves you at the end of the ten million or the ten year period with an 81 million dollar surplus. Okay. One penny raises lots of money, obviously, and more than we have identified as your existing deficit. So, we've looked at a couple other scenarios, and there are an infinite number of scenarios here. We are not, again, presuming that you want to do any one of these, but we've got to find something that you can have for informational purposes. The second scenario we looked at is, if you were to adopt a one penny sales tax and sunset it after seven years, it raises just enough money to essentially cover the deficit as identified. The cumulative balance at the end of the ten year period is about seven million dollars, and with the size of the deficit we are talking about, that's pretty much within a margin of error that we can deal with. Now, that would require some short-term funding from year to year, because in every year, there's not necessarily enough cash on hand to do the projects that are listed, but that's reasonable. That doesn't cause any great problem, but at least -- the main thing is that that gives you an idea for the order of magnitude of how long if you chose to sunset the tax it would have to be in place to meet the immediately identified need, at least identify that as of today. I'm going to go back to, you haven't approved the project lists yet. We have to have that discussion down the road. The last scenario we brought you is if you adopt a half a penny of sales tax, it will fund your deficit with a considerable amount of bonding, and what that last scenario shows you is in each year how much the half penny raises, how much then is left to be funded after you raise that amount of money. It presumes the issuance of bonds with the half cent pledged to pay them back at 20 years and then how much is left, and it charts that out year after year. What you end up with at the end of ten years is 116 million dollars' worth of cash that you've spent on capital projects, 151 million dollars' worth of bonds that you've issued to build capital projects, an annual debt service obligation of about 12 million dollars and about five million dollars in the bank. One of the advantages to this scenario is, and I know this is something that we want to emphasize because we think it's the responsible thing to do, we understand the attractiveness of a sunset, particularly in terms of ability to get voters to support the tax. As responsible administrators, we feel like it's important to tell you, Page 88 February 23, 1999 ten years from now, we're still going to have needs, and as I said a few minutes ago, people are still going to come here. The fact that your five cent local option gas tax sunsets in 2003 is a problem for the administration, and, frankly, for you as commissioners, and I'm just laying that out for you that the idea of a sunset is certainly a good one, and particularly if we're talking about a penny, because it will raise more in the immediate term than we need, but we're just suggesting to you that perhaps a perpetual revenue source, while it may not be as popular, is not a bad legacy, because it gives future administrations and future commissions an ability to deal with the problems that we all know standing here ten years from now they're going to have. So, the other advantage then to the half penny as I described it is, you still have that, even though you have a 12 million dollar debt service obligation, you also have a 12 million dollar ongoing revenue to deal with your capital project needs. MR. FERNANDEZ: Madam Chairwoman. CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: Although we've used the term perpetual a couple of times, and we feel that the needs for capital projects are continuing and ongoing, the statutory limit of the infrastructure sales tax is 15 years. So, we're only talking about an additional five years imposition of that tax. MR. McNEES: Yeah. Thank you. I appreciate that. I didn't mean perpetual. That was probably a real bad choice of words. COMMISSIONER NORRIS: Mr. McNees, does the state statute give you also latitude to just pick your number? Could it be five years? You've got seven years down there. Could it be nine? Could it be 11, 127 MR. McNEES: I believe, yes, at this time, and we've asked the question whether -- whether we can do something like a penny for a couple years or a penny for a few years with an automatic roll back to a half a cent at a pre-determined period of time. I don't have an answer yet for that that we think -- we want to give you some options and some flexibility, and that question I can't answer yet today, unless -- no, I can't answer that question today. No one is jumping up, so -- COMMISSIONER CARTER: But the assumption is that we have some flexibility to do a combination and a sunset period at a review point, whether it's seven years or eight years or nine years, we can review -- a board could review in sunset because the needs were met. MR. McNEES: I think you could sunset at any time voluntarily. The other option being a mandatory sunset built into the referendum question that said, we -- you know, we have no option. This goes away absent reapproval on a specified date, and that would be one of the decisions you as the board would have to make, how you would want to structure your referendum and how we would want to structure the tax. Either of those would be available to you. CHAIRPERSON MAC'KIE: Questions from the board members? Do we have speakers registered on this topic? MR. McNEES: I've got one more -- CHAIRPERSON MAC,KIE: Oh, I'm so sorry. MR. McNEES: -- one more. The question being, what's the next step? If you were to choose to direct us to proceed to the next step Page 89 February 23, 1999 towards some sort of a referendum through the adoption of an infrastructure sales tax, you would direct us to draft the necessary ordinances. You would have to make a decision regarding whether you want a special or a general election. I should say that the ordinance itself would require that we draft an actual referendum question and would require that each of these variables that I've outlined as we've gone through this presentation today you would define, and you would clarify which options you wanted to choose, how you would want to structure this thing, and to that end, the next step would probably be for us to prepare further presentation in more detail, probably in a workshop format where you can sink your teeth into these actual project lists and begin to clarify exactly what it is that you would propose to fund with this tax if we choose to go after it, and with that, I think my presentation is concluded. We're happy to answer any questions that you have and hear what you have to say. CHAIRPERSON MAC'KIE: Board members? Any public speakers? MR. FERNANDEZ: You have two, Madam Chairman. First is Bob Sommer and then Dr. Fay Biles. MR. McNEES: I do have one more point to make. Excuse me. CHAIRPERSON MAC'KIE: Go ahead. MR. McNEES: And Mr. Smykowski reminded me of it, and I forgot it again, so I'm going to do it now. If you were to adopt the penny sales tax, you would be able voluntarily to sunset your five cent local option gas tax early to a date you were to specify. If you wanted to say, if the penny sales tax passes, you'll kill the five cent local option gas tax on the same day that the sales tax goes into effect, you have that option. CHAIRPERSON MAC'KIE: Real important point. MR. McNEES: You asked us that before, and we have checked it out, and yes, you do have that option. CHAIRPERSON MAC'KIE: Great. Mr. Sommer, the challenge to all speakers on this topic is going to be to present some alternatives and don't just say no. MR. SOMMER: Well, let me first say, my name is Bob Sommer. I'm with the Taxpayers' Action Group, and you have no idea how unhappy I am to be here today. Not to walk you down memory lane, but we've been at the same juncture for years. Ten years ago, Dudley Goodlette put together a pack that was called ad hoc local option sales tax committee, and they were asking exactly the same things that McNees is now asking. As a matter of fact, I was following his recommendations, this is Goodlette's recommendations, and they're following almost in parallel. So, ten years ago we had this problem. Now we can -- we can fast forward to 1995. Now we have the Gordon River bridge. Let's have a sales tax. That failed. Fast forward to 1996, jail expansion, let's have a sales tax. That was defeated. Now we're here in 1999, and TAG would like to know, in all this period of time, why are we suddenly with a crisis on our hands. Every -- CHAIRPERSON MAC'KIE: I think it was all those no votes, sir. MR. SOMMER: I beg your pardon? CHAIRPERSON MAC'KIE: I think it was all those no votes. MR. SOMMER: Oh, yeah. There's going to be more no votes. Page 90 February 23, 1999 CHAIRPERSON MAC'KIE: And then the alternative becomes property taxes. MR. SOMMER: All right. Okay, fine. If that -- if that be the option, but we are -- I shouldn't say fine, because we are dead set against any kind of a tax increase. I -- we're curious. Every year in June, the staff gets together with you folks and you hammer out a budget, and the budget says, this is what we need for the next year, and they also give a projection of five years, and they give usually a projection of ten years, and we've been going along now for ten years, and now we have a crisis, and we don't understand how you can sit and budget every year and then suddenly say, we have a ten million dollar shortfall or a hundred million, pardon me, shortfall on capital projects, and we have a shortfall on space plan. We have a shortfall on the sheriff's facilities. Suddenly, the sky is falling in. Now -- CHAIRPERSON MAC'KIE: Mr. Sommer, respectfully, they have told us that, every year that I've been here for budgets, which is only four, but for the last four years, they have told us, staff has told us every year, heads up, crisis is coming if you don't come up with some idea for how to solve our capital problems. MR. SOMMER: Well, why didn't we solve the capital problems? COMMISSIONER NORRIS: Because of the no votes. COMMISSIONER BERRY: Very simply, because of the no votes, and frankly, anybody that's chairman, you certainly don't, under your watch, want to raise property taxes. MR. SOMMER: Well, the property taxes are going up anyway because Abe Skinner continues to increase the value of property. The ad valorem tax remains the same, but the property values go up, so it is a tax increase. CHAIRPERSON MAC'KIE: And even -- COMMISSIONER CONSTANTINE: There's two problems with that. First, I don't think Abe Skinner increases the value of properties magically. The value of property does go up in Collier County. MR. SOMMER: That's right. COMMISSIONER CONSTANTINE: Two, we have, despite the increase and the value, when you pull your tax bill, at least some of the last few years, the amount that it cost you still goes down, because we decreased the millage rate enough -- CHAIRPERSON MAC'KIE: The part charged by this county. COMMISSIONER CONSTANTINE: Right. CHAIRPERSON MAC'KIE: We can't control the schools and others. COMMISSIONER CONSTANTINE: I don't know what the school board does or those folks, but from the part charged by the county, you are -- they're not going up. CHAIRPERSON MAC'KIE: You're spending less. COMMISSIONER CONSTANTINE: So, that's inaccurate. MR. SOMMER: Well, I remember sitting in on a meeting with the commissioners, and the staff had suggested an impact fee of $6,000 per home, and at that time, these commissioners said, oh, we can't do that because the builders will not make a profit, therefore, we're going to drop the impact fee, and they did, and by golly, the developers and the builders really have made a profit. Page 91 February 23, 1999 CHAIRPERSON MAC'KIE: I wasn't here then, but I bet somebody who was will want to -- COMMISSIONER CONSTANTINE: Yeah. I hate to keep correcting you, Bob, but that's not my recollection of what the commissioners said, and one of my concerns about -- MR. SOMMER: I don't think you were there. COMMISSIONER CONSTANTINE: Well, when we talked about it when I was there in 1983, the concern was not to try to make developers money, and I really, really resent the implication of that. The concern was that when you try to build a home in Golden Gate or East Naples or North Naples or Naples Park and you're only building a seventy or $80,000 home, putting six or $7,000 up before you put one stick of wood in the ground prohibits a huge percentage, it was in that case, 25 percent of the people from even being able to build their home. So, that was my concern, not to make some developer some money, and I have a very, very strong reaction to that. MR. SOMMER: And what would have happened if you had increased the impact fee? CHAIRPERSON MAC'KIE: Twenty-five percent of the people -- MR. SOMMER: You would have hundreds of million of dollars now that would have gone in -- CHAIRPERSON MAC'KIE: And 25 percent of the people who would -- who would otherwise have qualified for loans to build new houses in this county, not rich people, people who are building $70,000 homes couldn't have built them. So that's a balancing act. It's not black and white. MR. SOMMER: And so now we have developments that have thousands of homes in them, and they're paying a low impact fee, and it does not COMMISSIONER BERRY: I don't think it's very low. COMMISSIONER NORRIS: Third highest in the state. CHAIRPERSON MAC'KIE: Third highest in the state; is that right? COMMISSIONER BERRY: I don't think it's very low. MR. SOMMER: Well, it's not high enough to -- COMMISSIONER BERRY: Well, we can make this an Aspen, Colorado where all of the people that have a lot of money can live here, and all the people that take care of your yards, you know, can live in Lee County or Hendry County, and they can drive into Collier County every day. Now, is this the kind of a community you want, Mr. Sommer? MR. SOMMER: This is the community -- kind of a community we've got. CHAIRPERSON MAC'KIE: I disagree. COMMISSIONER BERRY: Well, you're not going to help it any by proposing and continuing to propose what you're proposing. MR. SOMMER: Nor do we want the taxpayers of Collier to get sacked with 315 million dollars' worth of new taxes to support projects which suddenly have become a crisis. CHAIRPERSON MAC'KIE: Mr. McNees. MR. SOMMER: I think that it's been poor management. COMMISSIONER CARTER: Well, I -- sir, I strongly disagree with your last statement, that this is a poorly managed county. CHAIRPERSON MAC'KIE: It's just not. COMMISSIONER CARTER: If you would come to me with alternatives to help us in capital expenditures, I would listen to you all day Page 92 February 23, 1999 long. I'm new on this board, but I do understand the difference between an operating budget, a capital budget, and it's capital budgets that got us in trouble, and we sitting here may have to bite the bullet for those who didn't do it in the past, and what we're asking the community to do is to participate with us, to listen to us, to help us refine the capital needs list so that we can reach an intelligent decision to do this and sunset that penny as quickly as we can, and to say that we are not doing our job, I'm very perplexed by that, sir. CHAIRPERSON MAC'KIE: Mr. McNees had a comment. MR. McNEES: To answer one of the gentleman's questions and, perhaps, thank him for making the point so well. He -- he mentioned that in -- ten years ago, my ~- one of my predecessors was here making the same presentation, and I hope my fate is a little better afterwards than his was, but that sales tax ultimately failed, and you will recall somewhere about two hours ago an extremely frustrated constitutional officer standing in this room saying, 10, 15 years ago, I needed this operational space, and I don't think he was really hollering at you, because it wasn't your fault that that referendum failed. It was - and talking about the no voters, and so to raise the issue of, gee, we've been here before, and yes, look where we still are. We're still here facing this kind of deficit and projects that we cannot fund because there's been an unwillingness to raise property taxes on anybody's part to do so, and we're trying to bring you a viable option today so that ten years from now, we don't have people in every agency crammed to the walls and facing the same kind of health, safety and welfare problems that we're facing with some of those agencies today. COMMISSIONER CARTER: And I appreciate that, Mike, because when we see the other projects that have failed, they have failed because we singularly took an issue to the voter one at a time. What we're trying to do this time is say, look, we want to bring it all to you. We want to bring the total package of the needs so that we are not shooting down one item, and I think that's a big change from what's, perhaps, happened in the past. So, what I'm asking for is for tolerance. I'm asking for participation. I'm asking for understanding as we try to work through this versus people saying, no, we're not going to do anything and no, we're not going to do anything doesn't answer the question. CHAIRPERSON MAC'KIE: And I appreciate that, too, and I just have to say, as much as we all respect TAG, because you guys have given us a whole lot of good input over the years, I have to say I'm really disappointed that before we even have good numbers, you're already publicly against this, you know, don't bother with the facts. That's -- that's a disappointment, and I hope it's something that your board will continue to look at as we get more information. Ms. Biles, Dr. Biles. DR. BILES: Thank you. Good afternoon. Fay Biles, and I'm president of the Marco Island Taxpayers' Association, and I don't think it's fair for Marco Island to come in here and lament anything. However, I have a question, because I think you're right, Madam Chairman, I think we have to look at alternative ways of funding things, and I talked with Mr. Weigel a couple of minutes ago this morning. Page 93 February 23, 1999 I'm wondering what happened is happening to the interim government service fees. Do you remember, we kicked that around many times. It was supposedly illegal, and I understand it's coming before the Supreme Court, was it March the 5th, I believe you said, and if that should be made legal and viable and possible, I would like to know how much money would that bring in if that is possible. CHAIRPERSON MAC'KIE: That's a good question. DR. BILES: Even though it's not going to affect Marco Island, I think eventually it will. CHAIRPERSON MAC'KIE: It's certainly going to be a part of this. It's not -- I would venture to guess it wouldn't take care of the problem, but what percentage of it, Mike, would it take care of? MR. McNEES: The order of magnitude of that is between a million and a half and two million a year if you had the fee and if you devoted it directly to capital projects, which I think you've talked about it more in terms of ad -- of your general fund. That's 18 million over the ten year period which sure helps against the 251, but it doesn't exactly erase it. CHAIRPERSON MAC'KIE: It's a piece of the pie then, absolutely. DR. BILES: Sure, because with the number of buildings and the number -- the magnitude of the building going on here in Collier County, I would think that would be one viable option that you-all should-look at. CHAIRPERSON MAC'KIE: Thank you. DR. BILES: If it's legal on March the 5th. CHAIRPERSON MAC'KIE: Thank you for coming up with something as an alternative -- COMMISSIONER CARTER: Thank you. CHAIRPERSON MAC'KIE: -- Dr. Biles. Mr. Weigel. MR. WEIGEL: If it's legal is one thing, and, of course, we're looking very carefully to the March 5th oral argument with the Florida Supreme Court. However, don't forget, it is an interim governmental services fee. It is not a capital projects funding fee. It's for the services that properties receive based upon their development and occupation. So, it really would not lend itself toward a substitution for a capital projects funding need. CHAIRPERSON MAC'KIE: Commissioner Norris. COMMISSIONER NORRIS: Operational only. COMMISSIONER CARTER: Operation, so we could not use it for capital. MR. WEIGEL: That is correct. COMMISSIONER CONSTANTINE: It stands alone, I believe. CHAIRPERSON MAC'KIE: Okay. Commissioner Norris. COMMISSIONER NORRIS: You know, I'm also disappointed that TAG would take an intransible position before they even see the facts. What we're really saying here is we expect to lower two types of taxations, eliminate one and lower another in exchange for the additional sales tax revenue, which is borne in great part by our friends from the north who don't live here. The alternative would be to fund a lot of this stuff from property taxes, which only hits the current residents. That -- that's not really the best of all the world since the tourists themselves are what cause the need for a lot of the projects that we're sitting here Page 94 February 23, 1999 talkin9 about, but really it -- you know, we're down to the point now, this has been gone, passed over for so many years, as Sheriff Hunter was so kind to point out. We're now down to the point where a lot of these projects are way behind schedule. We need to do something to them. We're faced with this, board members. The decision process here is, are we as a community going to stay ahead of the curve? Are we going to be the kind of community that we want to be? Are we going to have the road network that we need? Are we going to have the facilities that we want in this community or are we slowly going to let ourselves whither away, become more like Fort Myers and eventually, in the long-term, like the dreaded East Coast for the West Coast? Are we going to allow that? That's really what we're deciding as a community when we go to a vote, if we go to a vote. That's what we're deciding, because without this type of funding, I'm not -- we've looked at alternatives for several years since I've been on the board, and there's really not a good other funding mechanism. You can piece it together and try to do the best you can, but you'll never make it to where I would like to see this community go, and that is to stay as one of the nicest in the state. I really hate to see us become the old dowager like Fort Lauderdale or something has become, and I'd like to see us move ahead and stay this type of community forever. CHAIRPERSON MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: You know, they'll take our garbage over there, though. COMMISSIONER CARTER: The board wants direction -- I mean -- CHAIRPERSON MAC'KIE: Commissioner Constantine, please. COMMISSIONER CONSTANTINE: One of the questions I had asked when we talked about this at the workshop, and I'm wondering if anyone on staff can help me with this is, John Q. Public, the average citizen of Collier County, what are they likely to see a year? What do they spend, and so a sales tax increase costs them how much, and then also, the ad valorem decrease that we think we can do would save the average homeowner of Collier County how many dollars, and the gas tax decrease would save them how many dollars, and how does that wash out? Is it a net increase? Is it a net decrease? When we say our friends from the north would help offset this, are they really, because if we can put with some degree of accuracy numbers down that demonstrate that, I think it's much easier to sell, but if that isn't accurate, we probably ought not to be saying that. MR. McNEES: Commissioner, the last full-blown economic analysis that was done was done, I believe, the last time we faced the sales tax referendum. The number at that point for the exportability, how much of this tax was paid by visitors was 28 percent. We do not have a more current number. That's something we would, obviously, want to develop for you if you go forward. CHAIRPERSON MAC'KIE: And you understand the analysis in addition to that that the commissioner was asking for. MR. McNEES: I do, and I do not have that for you today. COMMISSIONER CONSTANTINE: In actual dollars, and I'm probably well below average, but if I'm the average income and homeowner in Collier County, how much am I going to save in sales tax? How much am Page 95 February 23, 1999 I going to save on my ad valorem tax -- I'm sorry, how much will I save on ad valorem and gas, and how much will I spend extra on sales? MR. McNEES: I don't have that for you today. I guarantee, we'll have it for you very shortly. CHAIRPERSON MAC'KIE: Good, because that's a critical number. Other comments? COMMISSIONER CARTER: I think where we're headed is a workshop on this issue, and piggybacking off of Commissioner Norris' comments, I think that's the direction that I'm feeling we need to go, and when we get all the numbers that Mr. McNees has been asked to bring to us, plus us to fine-tune this list of capital expenditure needs -- is that what you're asking from us today? MR. McNEES: Yes, I think direction from you to proceed. It may be, given the direction of discussion, a little premature to ask -- to actually draft the ordinance, although there isn't any reason why that couldn't begin. I think probably a workshop where we look at capital projects and you begin to do this, yes and no, this we'll fund, this we won't is probably the next thing in order. COMMISSIONER CONSTANTINE: I'd like to suggest if we're going to have a, quote, workshop on that, that we schedule that immediately following a regularly scheduled Tuesday meeting. COMMISSIONER NORRIS: Yes, thank you. CHAIRPERSON MAC'KIE: Sure. I mean, there's no reason we couldn't. COMMISSIONER BERRY: At seven o'clock at night? CHAIRPERSON MAC'KIE: Well, the way we're going so far. COMMISSIONER CONSTANTINE: A later agenda Tuesday meeting. Boy, that meet -- that discussion would be brief then, wouldn't it? COMMISSIONER BERRY: Very brief. CHAIRPERSON MAC'KIE: Is that direction then to the board? Is there agreement that that's the direction we're giving? It's certainly my agreement. Is that clear to you? COMMISSIONER CARTER: I'm okay with that. MR. McNEES: Yes, and just to sort of clarify for everybody's benefit, what the order of events would be once you have focused on -- once we are a little more definitive about the numbers, then you will be able to choose an option, so to speak, a penny or a half a penny and whether or not you want to talk about a sunset, which would enable us then to actually draft a referendum question, and I believe it's July 1st that we have to have that done by and we have to notify the State of Florida. So we have that -- that's our window, and we'll probably get on it just as quickly as we can. COMMISSIONER CONSTANTINE: One other quick question. CHAIRPERSON MAC'KIE: Yes. COMMISSIONER CONSTANTINE: You had indicated if we don't do a special election, the first time this could be implemented would be January 1 of 20017 MR. McNEES: That's my understanding. COMMISSIONER CONSTANTINE: Can we just confirm that, that there is no way, if we -- and it's on the -- well, it doesn't matter a whole lot of dollars, I guess. So, over -- is it -- do they all have to Page 96 February 23, 1999 start at the beginning of the calendar year? Is that how sales tax works? MS. ASHTON: For the record, Heidi Ashton, assistant county attorney. The sales tax has to begin on January 1st and end on December 31st; statutory requirement. CHAIRPERSON MAC'KIE: Whatever happened to the idea that it could start at the quarter? COMMISSIONER NORRIS: That was the gas, I believe. Wasn't that the five cent gas tax that worked that way? CHAIRPERSON MAC'KIE: Quarters. COMMISSIONER NORRIS: Quarter by quarter. MS. ASHTON: I don't know the answer to that question. They did recently amend the sales tax section, which was requested by the Florida Department of Revenue for administrative purposes. So, there might have been a little bit more flexibility in one of the other items you've heard. CHAIRPERSON MAC'KIE: But, Mike, when you do your numbers then, you'll factor in just like you got a one year lag, you'll give us some numbers with the two year lag in case that's the way we choose to go, too? MR. McNEES: Yes, and given that the referendum would be in March, one of the critical issues is, the ability to get rolling with your jail and some of your space plan needs. CHAIRPERSON MAC'KIE: As we've indicated today. MR. McNEES: And if we have to wait another year for money, we face that problem. Now, if the referendum is successful in March, we have some ability to do commercial paper borrowing against the future revenue, and that, at least, gives us some ability to deal with the problem even though we may not actually have the money in the bank. CHAIRPERSON MAC'KIE: Commissioner Norris. COMMISSIONER NORRIS: Mr. NcNees, is it part of state statute that limits the maximum amount of surcharge to 50 bucks for a $5,000 purchase as the max.? MR. FERNANDEZ: Yes. COMMISSIONER NORRIS: Is that part of state statute? MR. FERNANDEZ: Five thousand dollars is the limit. COMMISSIONER NORRIS: Do we have -- do we have latitude to lower that even for major purchases or is that just -- that's embodied in state statute, and that's the way it is? MR. WEIGEL: I think that's the way it is, but I want to make a definitive statement that way. Yes. COMMISSIONER CONSTANTINE: Yeah. I think -- we had that discussion when the Saunders tax came forward a couple of years ago, and there was some suggestion then that perhaps it could be less than 50. My recollection is that that was state statute, and that was the number, and we did not have the latitude to change it. COMMISSIONER NORRIS: I just wanted to refresh that -- CHAIRPERSON MAC'KIE: The other thing I'd ask you, Mr. McNees, when you do your spreadsheet, is to include a line that shows the five cent gas tax evaporating on the day that the sales tax starts. MR. McNEES: Actually, the spreadsheet that I gave you, and that's when I forgot to mention this, that shows the different funding scenarios of the tax does that. It shows the five cents going away on Page 97 February 23, 1999 the day that you would adopt -- the day that you get the money for the sales tax. CHAIRPERSON MAC'KIE: It might be a sales pitch. COMMISSIONER CONSTANTINE: One final item, food for thought, and the con side of this, and I was talking to one of our local car dealers today is that 50 bucks, you think, well, it's a maximum of 50 bucks, so what, but that $50 will send some people to Lee County to buy their new car or their used car or their boat or other things. So, I think for your -- some of your big ticket items or even a washing machine or those things, for some people, if they're going to save 50 bucks, it's worth the 25 minute drive up. So, I think that's something to take into consideration as we look at this. There are all those things, but is there an economic impact on some of our big businesses here in Collier County as well, and there may be. CHAIRPERSON MAC'KIE: And as we go through this process, Mr. McNees, and you give us this information we've asked for today, you'll continue, I hope, to show us, for the next discussion at least, what the options are. If you whittled this capital projects list down to ten items, then you can fund it with some bonding and some ad valorem. I'd like -- I'd like for the public to clearly understand the question, do you want this road, do you want this building. If so, do you want to pay for it with a property tax that will cost you this much or with a sales tax that will cost you this much or, you know, as clearly as we can put the information. COMMISSIONER CARTER: The other thing, on the legal side to the county attorney, can you exempt certain purchases by so many dollars, otherwise -- not talking about exempting Mercedes and Jaguars, but if you want to exempt the Ford Taurus up to so many dollars, could you exempt the first part of that purchase or how does that work? MR. WEIGEL: I don't think we have the statutory leeway there, but, again, we'll provide you the full report on that when we get back with you. COMMISSIONER CARTER: Because I don't want to penalize people who have to have basic necessities, but I also want to be able to work through a combination of efforts here so that we can get to where we need to be. MR. WEIGEL: We'll bring every flexibility that's available statutorily for you. COMMISSIONER CARTER: Thank you. MR. FERNANDEZ: Madam Chairwoman. CHAIRPERSON MAC'KIE: Yes, sir. MR. FERNANDEZ: I think your suggestion of exploring and expanding those options as much as possible is a very good one because it's our feeling that this represents the best of the options that you have given the assumption you have to come up with additional funding to meet these needs. It's better than the ad valorem tax. It's better than the combination of bonding and gas tax and all of those things that we've outlined in Mike's presentation. So, I think it's to everyone's benefit if we can fully explore those options and show that even with the -- even with the shortcomings that are there in a sales tax, it still is the best of the options when you consider all the factors. Page 98 February 23, 1999 CHAIRPERSON MAC'KIE: possible. And if we can lay that out, anything is Item #10A RESOLUTION 99-150 APPOINTMENT OF MEMBERS TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE - APPOINTING SALLY LAM AND THOMAS MASTERS - ADOPTED Okay. Let's move on to Item 10(A) i, which is appointment of members to the development services advisory committee. COMMISSIONER NORRIS: Madam Chairwoman. CHAIRPERSON MAC'KIE: Yes. COMMISSIONER NORRIS: I'd like to nominate Sally Lam for the term expiring on 12/14 double 0 and Thomas Masters for the other term. COMMISSIONER CONSTANTINE: I'll second that. CHAIRPERSON MAC'KIE: Okay. Any other nominations? If not, a motion and a second, all in favor, please say aye. And opposed? (No response). CHAIRPERSON MAC'KIE: It passes five to nothing. Page 99 FEI) 2 3 1999 RESOLUTION NO. 99-150 A RESOLUTION APPOINTING MEMBERS TO THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE. WHEREAS, Ordinance No. 93-76, as amended, creating the Collier County Development Services Advisory Committee, provides that the Committee shall consist of fifteen (15) members that are residents of Collier County and include representatives from such groups as architects, general contractors, residential or builder contractors, environmentalists, land planners, land developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors, structural engineers, and attorneys; and WHEREAS, there are currently two (2) vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Development Services Advisory Committee has provided the Board of County Commissioners with their recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Sally Lam, representing the category of Environmentalist, is hereby appointed to the Collier County Development Services Advisory Committee for the remainder of the vacant term, said term expiring on December 14, 2000. 2. Thomas Masters, representing the category of Professional Engineer, is hereby appointed to the Collier County Development Services Advisory Committee for the remainder of the vacant term, said term expiring on December 14, 1999. This Resolution adopted after motion, second and majority vote. DATED: February 23, 1999 DWIGHT E. BRO~<~i Clerk ( ature Approved ~ m fora ~d legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ I~v~d C. Weigel' t,," ~ County Attorney DCW/kn February 23, 1999 Item #10B RESOLUTION 99-151 REGARDING TOURIST DEVELOPMENT COUNCIL APPOINTMENT - APPOINTING H. KENT STANNER AS AN AD-HOC ADVISORY POSITION - ADOPTED Then we have the TDC matter. I'll tell you that at that -- at the TDC public hearing, the consensus of the group was that none of these applicants met the criteria for which we had sought that special expertise. Commissioner Hancock, you may remember, had brought this up some time ago. Is he registered to speak on this item? Oh, come up, please. And the board members on TDC felt that none of these people, although they were wonderful, the ones who were qualified as electors didn't have the special expertise that the council was seeking. Mr. Hancock, welcome. MR. HANCOCK: Good afternoon, commissioners. Tim Hancock, for the record. I didn't come today to speak on this item. I'm here for about two more down on the agenda, but while I was here -- I'll be very frank with you, of the three names that were submitted to you, the one that is not an elector in Collier County was a gentleman that I first had a discussion with almost two years ago that started in the creation of the idea of this person, and what I'd like to do is kind of draw an analogy for you and then maybe ask if you would consider giving direction to the county attorney to reconcile what I think is probably a bump in the road in getting to where it makes the most sense. If you were to go out and hire a consultant and pay them to provide the services to the TDC that Mr. Stanner has the background and experience to provide, that person would not have to be a registered voter in Collier County, but because Mr. Stanner is volunteering his services and even though he's a homeowner in Collier County, he has to be a registered voter. There's a fail of logic in that. COMMISSIONER NORRIS: We could pay him a buck a year maybe. MR. HANCOCK: But my -- CHAIRPERSON MAC'KIE: But since he is a non-voting member, maybe we can make a special category. MR. HANCOCK: And when this was all initiated, the reason we went to non-voting was several concepts, but the first was that I was trying to work around the issue of this person having to be a registered voter in Collier County, because I see them more as a role of a consultant and less of that as a resident protecting their own nest egg. Mr. Weigel has opined that you, right now, do not have the flexibility to appoint someone who is not a registered voter to this committee. Mr. Stanner's resume is impressive enough to the point -- and I have no at to grind here or no issue here other than I was the one who initiated it, so I thought I would at least try to offer some background on it. It might be appropriate to give direction to Mr. Weigel if you see fit that you look at how this person could be brought on, whether it be as an advisory position as opposed to a non-voting member. It Page 100 February 23, 1999 may be semantics, but it just occurred to me, and I think it's odd that if you pay the person as a consultant, they don't have to be a registered voter, but the fact that someone is willing to volunteer their time with the wealth of experience, they have to be. CHAIRPERSON MAC'KIE: Disqualifies them. MR. HANCOCK: Right, and I thought that was a little odd. COMMISSIONER CARTER: Is there a category for non-voting or advisory member today, Tim, on the -- CHAIRPERSON MAC'KIE: No. MR. HANCOCK: This actually was the first time a non-voting position had been created on a council to my knowledge. I wasn't aware of any others, and the reason was because the voting membership is established somewhat by statute and, again, by ordinance locally, we didn't want to throw that balance out of whack was the reasoning at that time, and we're going back over is at your expense. CHAIRPERSON MAC'KIE: Thank you. MR. HANCOCK: So, I just want to offer that as a perspective and as a suggestion, and I thank you for your time and good luck to you. CHAIRPERSON MAC'KIE: I appreciate that. Commissioner Constantine. COMMISSIONER CONSTANTINE: I guess I was surprised to hear you say the TDC didn't think any of these folks had the background, because I'm looking at the resume for Michael Lehn, who was the host committee for the music publishing and video music market when they came to Miami, was executive host committee for the Latin American Caribbean trade shows that came to Miami, helped establish the cultural arts council for Miami Beach, served as a trustee on the greater Miami visitors and convention bureau, you know, Lincoln Road partnership over there in Miami Beach when they redid that. That's to specifically draw in tourists when they redid that. This just looks like the exact thing you would craft. The kind of person we're looking for is someone who has not only has some experience but has done it. If you look at Miami Beach and what they turned around literally in the time frame of where he served, the time frame he served all these, you think of Miami Beach ten years ago and you think of the City of Miami Beach now and what they've done with tourism over there, it's a model case for how to bring people in. CHAIRPERSON MAC'KIE: Except I think the discussion on the council -- I agree with you. He certainly has serious qualifications, and I think my job here is not to persuade you but just to tell you what was discussed at TDC and that was that this special position was being created specifically to -- for someone who had experience in promotion and marketing of special events. This was not somebody with just, in general, tourism experience, but special events promotion, and they didn't see that experience in his resume. There was, however, indication of support for having Mr. Stanner. There was some sadness -- COMMISSIONER BERRY: Oh, my gosh. CHAIRPERSON MAC'KIE: -- that he -- that he was unable to be a member because of being not registered to vote in this county. COMMISSIONER NORRIS: Mr. Weigel, can we not -- COMMISSIONER CONSTANTINE: Where does he live? COMMISSIONER NORRIS: -- just ask him to serve as an advisor? Page 101 February 23, 1999 What would be -- there would be no functional difference if he's a non-voter anyway? CHAIRPERSON MAC'KIE: Can we name him an advisor to instead of a member of? MR. WEIGEL: I think you could -- COMMISSIONER NORRIS: I'll make a motion we do so. COMMISSIONER BERRY: I'll second it. MR. WEIGEL Kind of an ad hoc advisory position. CHAIRPERSON MAC'KIE: Hot dog. MR. WEIGEL: What -- you're recognizing it here. He's not a member. He's not a non-voting member. He's there, and you're giving him the in furmator so the tourist development council will know that he's to be there. COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: please say aye. Opposed? (No response). CHAIRPERSON MAC'KIE: Okay. Great. Motion and a second. Ail in favor, It passes unanimously. Page 102 February 23, 1999 Item #10C RESOLUTION 99-152 DECLARING A VACANCY ON THE BAYSHORE AVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED, STAFF TO ADVERTISE VACANCY Next is the Bayshore MSTU advisory committee, just -- COMMISSIONER NORRIS: Motion to approve. CHAIRPERSON MAC'KIE: Got a motion and a second. Mr. Lennane has continued to be interested, but his schedule does not allow him to be present at the meetings, and they're such an active committee, we're going to have to have someone who can be there. Is there a second? COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: A motion and a second. Ail in favor, please say aye. Opposed? (No response). CHAIRPERSON MAC'KIE: It passes five-oh. COMMISSIONER CONSTANTINE: Just a question, do these automatically come forward if someone is missing or is that up to the chairman of the individual committee or -- MS. FILSON: Yes, it's up to the chairman of the individual committee. When a staff member calls me, I have -- I tell them to have the chairman of the respective committee send me a letter or staff on their behalf. COMMISSIONER CONSTANTINE: Thanks. Page 103 RESOLUTION NO. 99-152 FEB 2 3 1999 A RESOLUTION DECLARING A VACANCY ON THE BAYSHORE/AVAL@N BEAUTIFICATION MSTU ADVISORY COMMITTEE WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Collier County Ordinance No. 97-82, establishing the Bayshore/Avalon Beautification Municipal Service Taxing Unit and creating the Bayshore/Avalon Beautification MSTU Advisory Committee; and WHEREAS, Collier County Ordinance No. 97-82 provides that the Bayshore/Avalon Beautification MSTU Advisory Committee shall consist of' five (5) members; and WHEREAS, Collier County Ordinance No. 86-41, as amended, provides that any board member who is absent from two consecutive meetings without a satisfactory excuse acceptable to the board chairman, such fact shall be stated for the record and notification shall be made to the Board of County Commissioners at a Commission meeting, and if the Board of County Commissioners concur with the statements of the Committee, the Board of County Commissioners shall declare the position to be vacant; and WHEREAS, after discussion by the Bayshore/Avalon Beautification MSTU Advisory Committee at their regular meeting of February 3, 1999, the Committee has advised the Board of County Commissioners that James P. Lennane has failed to comply with the requirements set forth in Ordinance No. 86-41, as amended, and has requested that the Board of County Commissioners declare that the seat held by James P. Lennane be vacant on their Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR/DA, that after consideration of the facts presented, the Board of County Commissioners hereby declares the seat of James P. Lennane to be vacant on the Bayshore/Avalon Beautification MSTU Advisory Committee. This Resolution adopted after motion, second and majority vote. DATED: February 23, 1999 ATTESt:;; ii ~;/:., DWIGHT E.,BRO~...CgK, 'Clerk , ~ ~! ~.~, ,,, , , - Approved ~ to fo~ ~d legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C."~qei~el ff- County Attorney February 23, 1999 Item #10D RESOLUTION 99-153 REGARDING APPOINTMENT OF MEMBERS TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - APPOINTING RHONA SAUNDERS AND DIANE TAYLOR CHAIRPERSON MAC'KIE: Okay. Next we have the code enforcement board. I had a question for staff on this one. I thought when we dissolved -- that our direction was to dissolve both boards and have everybody re-apply. Do I remember that wrong? MS. FILSON: You only dissolved the south board, and then the north (sic) board could apply for vacancies on the north board as they came up. COMMISSIONER CARTER: Well, I'll move that Rhona Saunders be appointed to that board as the voting member. CHAIRPERSON MAC'KIE: I think that's a great idea. We have another appointment. Is there someone with a recommendation? COMMISSIONER CONSTANTINE: Diane Taylor has been really, really active in the -- COMMISSIONER BERRY: Yes. COMMISSIONER CONSTANTINE: -- group out in the civic and the estates. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: Opposed? (No response). CHAIRPERSON MAC'KIE: Great. I'll second those. Ail in favor, please say aye. Passes unanimously, Taylor and Saunders. Page 104 FEB 2 3 RESOLUTION NO. 99-153 A RESOLUTION APPOINTING AND RECONFIRMING THE APPOINTMENT OF MEMBERS TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD. WHEREAS, Collier County Ordinance No. 92-80, as amended by Ordinance No. 96-78, provides that the Collier County Code Enforcement Boards shall consist of seven members and two alternate members; and WHEREAS, there are currently vacancies on the Code Enforcement Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Board of County Commissioners desires to reconfirm the appointment of Dyrel Delaney who was previously appointed for the purpose of fulfilling a vacant term plus an additional term. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners reconfirms the appointment ofDyrel Delancy, under the category of Realtor, to the Collier County Code Enforcement Board to fill a vacancy plus an additional 3 year term, said term to expire on February 14, 2002. 2. Diane Taylor is hereby appointed, as Civic Association member, to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2002. 3. Rhona E. Saunders is hereby appointed, under the category of Realtor/Business, to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2002. This Resolution adopted after motion, second and majority vote. DATED: February 23, 1999 · DWIOHT E. BROI2K, Clerk ~~~ , ~ ; . .,~,~';" ' ~ . Attest as'"{o Chatman's signature onT], Approv~ ~ to fo~ ~d legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chai~an County Attorney DCW/kn February 23, 1999 Item #10E RESOLUTION 99-154 REAFFIRMING RESOLUTION NO. 98-62, RESOLUTION FOR REPEAL OF PREEMPTION LANGUAGE IN THE FLORIDA CLEAN INDOOR AIR ACT, CHAPTER 386, PART II, FLORIDA STATUTES - ADOPTED Next, oh, we've gotten to it, Mr. Hancock, the resolution reaffirming our previous resolution for repeal of preemption language in the clean indoor air act. I knew that was why you were here today. COMMISSIONER CARTER: The tobacco guy. MR. HANCOCK: Thank you. Again, for the record, Tim Hancock. I'm appearing here today as a grassroots advocate and a member of the board of directors of the American Cancer Society here in Collier County. What I'm requesting, and I thank you, Madam Chairman, for placing this on the agenda today, is that the Board of County Commissioners reaffirm Resolution 98-62, which is for repeal of preemption language in the Florida clean indoor air act, and let me break it down to simple English, if you will. The state has set in the Florida clean indoor air act a maximum standard for clean air, which means you as a community, you as a commission cannot decide by home rule that you want to exceed those indoor clean air act standards. That's like saying you can only have so many palm trees or so many deputies or so stringent building codes. It doesn't make any sense, and quite frankly, it was a direct result of the tobacco lobby decades ago. The American Cancer Society is trying very hard, and we're on our third year with terrific co-sponsors in the senate such as Senator Saunders. I have met with Representative Goodlette. While he has not committed one way or the other, he is very interested and is following it, but we are simply asking that this commission affirm that home rule is important to quality of life issues such as indoor clean air act matters, and secondly, that an individual's right to smoke is not their right to infringe upon another person's right to breathe clean air in areas such as restaurants. CHAIRPERSON MAC'KIE: Especially considering this -- a couple of these were -- I just have to point out, every 30 seconds, a child in Florida smokes for the first time, and a third of those are going to die from tobacco, and the question is, can we have the right to have a higher air standard for our community if we so desire. MR. HANCOCK: That's precisely it. If I may, I also have the pleasure of serving as the chairman of the Tobacco Free Partnership for Collier County, which was formed out of the tobacco settlement funds, and our main function is to draw children, teens particularly, into the anti-smoking effort. It's difficult to express to them just how bad smoking is when they go out to dinner with their parents and are sitting in the no smoking section three feet from someone who is chain smoking. So, on both of those fronts, I just ask for your support and reaffirmation of this resolution so that we as the cancer society can carry it to the state and inform them that the Collier County Commission is on board and supportive of the repeal of the preemption language in the Florida clean indoor air act. CHAIRPERSON MAC'KIE: Is there a motion on this? Page 105 February 23, 1999 COMMISSIONER CARTER: I would so move. COMMISSIONER BERRY: Second it. CHAIRPERSON MAC'KIE: All in favor, please say aye. Opposed? (No response). CHAIRPERSON MAC'KIE: It passes five-oh, and if there's anything we can do to help Mr. Goodlette get on board with this, a letter or something, I think -- I'd be happy to do that. MR. HANCOCK: His office will be copied on your passage of this resolution today. In addition, I'll be very fair, Dudley is very concerned about individual liberties and how those are infringed upon. I understand that, but as I told him, when the liberties of one individual have an undue influence on others, then those liberties need to be looked at. In this case, that liberty is smoking, and I don't think there's a lot of support out there for promoting that -- CHAIRPERSON MAC'KIE: Thank you. MR. HANCOCK: -- but I thank you for your time and for your approval today. COMMISSIONER BERRY: Thank you. CHAIRPERSON MAC'KIE: Thank you for bringing it. Page 106 3 1999 RESOLUTION NO. 99- ~.~ A RESOLLrrlON OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REAFFIRMING RESOLUTION NO. 98-62, RESOLUTION FOR REPEAL OF PREEMPTION LANGUAGE IN THE FLORIDA CLEAN INDOOR AIR ACT, CHAPTER 386, PART II, FLORIDA STATUTES. WHEREAS, on March 3, 1998, the Board of County Commissioners of Collier County, Florida, adopted Resolution No. 98-62, exhorting the Florida Legislature to enact legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return the right to local communities to further enact and enforce stronger tobacco-related ordinances if they choose to do so and encouraged other counties and municipalities in Florida to adopt similar resolutions; and WHEREAS, Resolution No. 98-62 provided in pertinent part: WHEREAS, studies inform that cigarette smoking kills more Americans each year than alcohol, cocaine, heroin, murder, car accidents, and AIDS combined; and WHEREAS, reportedly 31,204 people from Florida die of tobacco- caused diseases each year; and WHEREAS, secondhand smoke inhaled by nonsmokers can cause serious health problems, especially among children; and WHEREAS, rates of smoking among children in Florida are increasing, according to the Centers for Disease Control and Prevention; and WHEREAS, statistical studies indicate that every thirty seconds a child in Florida smokes for the first time, and one-third of these new smokers will eventually die of tobacco-related diseases; and WHEREAS, the tobacco industry reportedly has, as a legislative strategy, the removal of local authority to regulate tobacco; and WHEREAS, citizens in local communities believe they should have the power to protect themselves from secondhand smoke and protect children from tobacco; and WHEREAS, the Board of County Commissioners of Collier County is seriously concerned about the health hazards of smoking and the use of tobacco by children; and WHEREAS, the current laws of the State of Florida, including the Florida Clean Indoor Air Act, Chapter 386, Part II, Florida Statutes, preempt local regulation of tobacco use; and - :]. - FEB 2 3 lggg WHEREAS, the Board of County Commissioners of Collier County believes that rights should be vested in local communities to enact and enforce stronger tobacco-related ordinances if they choose to do so. and; WHEREAS, the Florida Clean Indoor Act, Chapter 386, Part II, Florida Statutes, was not revised by the Florida Legislature in 1998; and WHEREAS, the Board of County Commissioners of Collier County, Florida, wishes to reaffirm its concerns and desires reflected in Resolution 98-62. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Collier County, Florida, rea~rms Resolution No. 98-62, Resolution for repeal of preemption language in the Florida Clean Indoor Air Act, Chapter 386, Part II, Florida Statutes, exhorting the Florida Legislature to repeal the preemption language in the Florida Clean Indoor Air Act and return the right to local communities to further enact and enforce stronger tobacco-related ordinances if they choose to do so. AND BE IT FURTHER RESOLVED, that the Board of County Commissioners of Collier County, Florida, encourages other counties and municipalities in Florida to adopt similar resolutions. AND BE IT FURTHER RESOLVED, that the County Clerk is hereby directed to distribute copies of this Resolution to the Governor and Lieutenant Governor of Florida, to the Collier County Legislative Delegation, and to the Florida Department of Health. This Resolution adopted thi~fl'~'day of '~ ~Vr~0~'~\ ,1999 after motion, second A and majority vote favoring same. ATTEST:~' :'.. D~/IGHT E~' BROCK, Clerk ' ~proged as to f~ and ,~ ,, iega~ County Atto~ey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: I~AMELA S. MAC KIE, CHAIRW~I~IAN H:dow/dd~/resolution~/1999/Roaffirm Resolution re Clean indoor - 2 - February 23, 1999 Item #10G DISCUSSION REGARDING BOARD POLICY CONCERNING PUBLIC INPUT AT WORKSHOPS - NO ACTION Commissioner Norris, you had added an item that we'll hear next, 10(S). COMMISSIONER NORRIS: Okay. I just wanted to clarify a board policy. Workshops, it has always been, since I've been here anyway, and I think before then that workshops were reserved for staff and commissioner interface, and public input was not taken at workshops. We varied from that not long ago, and I'd like to clarify the policy. If we're going to have workshops where we take public input and then come right back and have the discussion at some later date and have the same people have to come up from the public and make them come back for a second time and make their points again to us, I really don't think that's what we should be doing. It's a poor use of the public's time to do that, not to mention our time. The landfill discussions, for example, go from three to six hours on public input alone. If we do that twice, what's the point? mean, it's going to be the same people saying the same thing. You're making the public come up here twice to do it. CHAIRPERSON MAC'KIE: making them. COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: going to do. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: We're giving them that option. We are not Yeah, right. I think that's an important distinction. Well, not very, because that's what they're We're not worried about their time -- I am. - because they have the choice. Well, we're not forcing them to show up, John. They have the choice to show up. We are worried about our own time, and that's okay as long as we're straightforward about it. I mean -- COMMISSIONER NORRIS: You think that somebody that's involved with the landfill is not going to take every opportunity to come up here and tell us about it? I mean, that's unrealistic. You know they're going to do that. All I'm saying is that I would just like to take a vote and have an official policy stated down in the record that we don't take public input at workshops. CHAIRPERSON MAC'KIE: And I just have to say that I don't think -- you know, we've had one workshop since I've been the chair, and since I've been on the board, it was the chair's discretion about whether or not input was taken, and that was -- I assume that decision was made based on the topic and whether or not we had expertise on the staff or we needed expertise from outside. I personally think it should stay the discretion of the chair for obvious reasons. COMMISSIONER CONSTANTINE: I was just looking at Commissioner Volpe and thinking about a discussion very similar to this five or six years ago. I think we, a couple of times, have talked about this and tried to come to a consensus among the board on what's appropriate, Page 107 February 23, 1999 and the issue is always do you want to stifle the public from having something to say and how can you most efficiently hold your workshops. The thing we've done the last, I think, two years is, particularly during the budget workshops, recognize that that is the only realistic place for input, because by the time we have our public hearings in September, then there is not a whole lot of opportunity to go back and change some of those things. So, I think that's a very good policy, but I think your suggestion that there are going to be times where it's appropriate and times where it's not, and it's going to be more efficient for us to simply go through that dialogue, needs to be recognized. I would prefer that we had a policy, John, but I think there are going to be a handful of issues, like the budget, where it's probably appropriate to have that input. There are going to be a number of times where it's not necessary, but I think there are going to be times where it's appropriate. CHAIRPERSON MAC'KIE: Anyway, it would depend on the nature of the workshop, for example, the landfill workshop that's coming up. If what we're doing there is discussing with our staff what are our alternative technologies and what are some possibilities of things that we can do to help Golden Gate and what are some -- you know, that is information shared between staff and the board, and unless there's some person with a particular expertise that doesn't exist outside -- on our staff, then we wouldn't need to hear from the public, because we know the public position on that. So, I'm not anxious either to sit here for hours and hear the same people say the same things over and over, but I think we can get ourselves in trouble if we adopt an across the board policy that, you know, could stifle public participation, and I wouldn't want to participate in that. COMMISSIONER CONSTANTINE: Now, over the years -- COMMISSIONER NORRIS: While I've been on the board, we haven't gotten ourselves in trouble with it. COMMISSIONER CONSTANTINE: I would be willing to put the Ty Agoston rule into effect, if we could get the majority of the board. CHAIRPERSON MAC'KIE: Which? COMMISSIONER CONSTANTINE: Well, that we allow the public except for Ty. CHAIRPERSON MAC'KIE: Oh. Well, I've got a few to add to that list, but -- COMMISSIONER CONSTANTINE: It would have been funnier about four hours ago when Ty was still here. COMMISSIONER CARTER: That's okay. CHAIRPERSON MAC'KIE: Is there any other -- is there direction or discussion from other board members? COMMISSIONER CARTER: I think we need to stay as is, Madam Chair. I -- maybe we can evolve this as we go, but I agree, I think I'm comfortable leaving it at the discretion of the chair at this point. COMMISSIONER BERRY: The only thing I would ask is that, and I guess let's be pointed and say when we're looking at the issue coming up regarding the landfill, that that discussion, we need to make that public when we're advertising the fact that we're going to have the hearing, that that particular discussion is going to be our staff Page 108 February 23, 1999 bringing forward to the commissioners alternatives, whatever they may be. I think you have to sit down and decide, why do you have a workshop? What's the idea of the workshop? If -- I -- I have to agree in part with what Commissioner Norris says. If you're going to have one where you're going to have all the public come and speak at a workshop and you're not going to take any action and you're going to say, okay, in two weeks you've got to come back again, and we have to go through this exercise all over again, and they're going to want to get things on the record, you know, it's -- it's duplication. It's a waste of their time. It, frankly, is a waste of our time, okay. If they understand right up front -- they're welcome to come to the workshops. I mean, it's an open meeting. They are, obviously -- that goes without saying. You're welcome to come to the workshop, but this is a time when the commissioners are going to be getting input from staff regarding whatever it might be. It happens to be the landfill this time. It could be stormwater management the next time. It could be something else, whatever we happen to have a workshop on, but this is a chance for us to ask questions back and forth out of the formal setting of a commission meeting whereby we can have some open discussion, throw out ideas, and unfortunately, sometimes these things are picked up that we have made a decision, due to local media that we've already made a decision. It's untrue, but it's the only chance that we have an opportunity to sit and throw out an idea that after you say it sounds really stupid, even to you who said it, and then after it's been hashed out, you say, well, that was a bad idea, you know, what else is next, and kind of get a chance to hash some things out, and in the meantime, all of you people don't have to sit here and listen to us hash. So, you know, I think that's the important -- you have to decide why is it you're having the public -- or the workshop. If it's for the benefit of the board, then I think that needs to be duly noted. If you're going to have a public hearing, that's why people come down here and address the board at a public hearing. They have that opportunity, but if you're having a board workshop, it's a workshop for the board to hear from staff. CHAIRPERSON MAC'KIE: Unless -- COMMISSIONER BERRY: And if it's not, then you need to tell the public that. Say, this is a workshop. If you want to come and talk to us, fine. However, the public can come and talk to us anytime you want. All you have to do is go right around the corner here, make an appointment, come in and sit and talk to us, or call me on the phone, I'll talk to you. So, you have that option, but it's -- you know, we just need to make it clear, make up your mind what it is you want to do. Item #11A1 TO SEEK RESOLUTION OF OUTSTANDING FY 1998-99 BUDGET ISSUES ADDRESSED IN THE SHERIFF,S BUDGET APPEAL - NO ACTION CHAIRPERSON MAC'KIE: Okay. One more item before we take a break, and that is the add-on for the constitutional officer, the sheriff, on one last attempt to settle the budget disputes so perhaps Page 109 February 23, 1999 we wouldn't have to take the appeal all the way to the governing cabinet. I have a proposal, and I don't know -- you know, I've discussed it one-on-one with the sheriff. I wonder if it's something that he wants to -- you know, if he wants to tell you where we stand on these issues or if I can just tell you the suggestion that I have, however -- well, the suggestion, I'll tell you, that I have is that we go ahead and move these monies out of the general reserves into the sheriff's reserves. Now, I understand that the effect of that is that it becomes the sheriff's money, and he can spend it without our permission, but what he has verbally told me that he would be willing to do is that anytime a draw was made on those monies, to provide notice to the county commission that it was made, thus, at least, allowing us to monitor the expenditure of the money, and if we find or feel there is some problem, which, frankly, I can't imagine because I don't think we're ever going to have a question about whether the sheriff is spending money appropriately or, you know, unappropriate expenditures, then we can have the opportunity for that discussion, kind of a middle of the road from where it is right now. Right now he can't spend the money without our permission, but it can be only spent on sheriff's law enforcement items. I'm just suggesting we would move it into the sheriff's budget under reserves with that notification and communication between us. COMMISSIONER NORRIS: As I understand the appeal, it's -- and maybe you can help me with this, Sheriff, your contention, I believe, is the way we are currently handling that reserve account is not legal, and that's the basis for your appeal; is that correct? SHERIFF HUNTER: That's close enough, yes. COMMISSIONER NORRIS: Well, I'd like to see that resolved, and if COMMISSIONER CONSTANTINE: So would I. COMMISSIONER NORRIS: -- if we don't -- if we do something different, then we're not going to have that resolved. The sheriff may very well be right, but I'd like to see that. CHAIRPERSON MAC'KIE: I guess that though -- is this forum, Mr. Weigel, where we would have the legal resolution of that issue? MR. WEIGEL: This forum? CHAIRPERSON MAC'KIE: No, I'm sorry, the budget appeal to the governing cabinet. MR. WEIGEL: I believe so, yes. COMMISSIONER CONSTANTINE: Can I ask the sheriff a question? I'm just curious, how is it that this year, eleventh year as sheriff, how is it that this hasn't been an issue up until now? SHERIFF HUNTER: A matter of cooperation back when this was altered. It was some time ago, probably five or six years ago. CHAIRPERSON MAC'KIE: It just seems to me to be sort of a government -- I wish I could think of a more delicate way of saying what I'm thinking -- competition that is not really productive. I mean, why does it matter? Why do we need the resolution of this question? I guess we'll put the onus on us then if the sheriff is willing to do what I just described and we say, no, we want the legal resolution to this, then it kind of puts the appeal on our own Page 110 February 23, 1999 shoulders because he would -- he would agree to drop the appeal if we took the steps that I described. COMMISSIONER CONSTANTINE: I guess I just disagree with the way you characterized that. I think if we do it the way it's always been done, it worked quite effectively, then we continue on, and the sheriff disagrees that that's the way we should continue and has chosen to appeal that. So, the onus isn't on our shoulders. Frankly, it's all public tax money, and we're all trying to serve the public in what we think is the most appropriate way, so it's not on him or on us. It's just it's an issue that needs to be resolved. CHAIRPERSON MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: Sheriff, what's the -- what's the advantage of your putting this in your reserve as opposed to where it is right now? SHERIFF HUNTER: Well, it certainly -- COMMISSIONER BERRY: Tell me. SHERIFF HUNTER: The flexibility of the agency to operate a budget just as we operate the general fund. CHAIRPERSON MAC'KIE: He can't spend it without coming in and asking us. SHERIFF HUNTER: We have to come back to you on an individual basis to ask for the reserve monies. When, right now, we need the authority and the flexibility to go forward from time to time to make expenditures out of a reserve account for unexpected expense. COMMISSIONER BERRY: Has it been a problem? SHERIFF HUNTER: Has it been a problem? Yes, it has been a problem from time to time, certainly. COMMISSIONER CARTER: For example. SHERIFF HUNTER: Well, I'd have to go back into board records. I didn't come over prepared to speak on the individual examples, but certainly, we've -- COMMISSIONER BERRY: I mean -- SHERIFF HUNTER: -- we've had to come back before the board -- COMMISSIONER BERRY: -- I'm not trying to be difficult. I'm just trying to, you know, why -- help me. Help me understand why this is a problem. I mean, you're telling me it's a problem. Why is it a problem? I mean, have we -- SHERIFF HUNTER: It's a problem due to the fact that it does -- is inconsistent with state statute, that's one problem, to budget this in any other way. We -- I have requested of this board a lawful request. The board has rejected that request. It is -- it is inconsistent with state statute. That is the problem. Statute provides the sheriff the autonomy to decide from time to time necessary expenses of the office, including reserve accounts. We currently have no authority to spend reserve because we have no reserve. We have to come before the board, which is a long process. The board meets every other week. We cannot get items on this agenda, which is clearly demonstrated. I would like authority to spend the monies as necessary. COMMISSIONER CONSTANTINE: Two -- two things; one, I see our county administrator shaking his head, and I would be interested to hear our county attorney's opinion of the way the sheriff is referring Page 111 February 23, 1999 to the state statute, but also, if -- what was your budget this past year; fifty-eight, roughly fifty-eight million? SHERIFF HUNTER: Okay, fifty-eight. COMMISSIONER CONSTANTINE: Fifty, whatever it was. Surely the kind of things we are talking about -- I mean, we're not talking about building and capital funds when you say, like this case we're talking about. I would assume those issues, when we talk about capital projects, are going to go through a whole process anyway. So, when we talk about a fifty-eight million dollar budget, it's not as though that's going to -- you're going to have a sudden surprise in February -- October, November, December, January, February, five months into the year that you've come up with a shortfall that you don't have any money in your fifty-five million to pay for some need if it takes two weeks to get on an agenda, and if we're failing to get you on the agenda in that timely manner, then we need to correct that on our end, but I understand that come August or September that, you know, if you're getting to the end of your budget year and most of that fifty-eight million has disappeared and you're thinking, boy, it's tight, we may need some extra, then we need to get on -- make sure we're on an agenda in a timely fashion to deal with it, but I can't imagine that you've used up fifty-five million dollars this early in the year. I'm sure you haven't, fifty-eight million dollars. So, I don't understand the logic that, boy, it takes us two or three weeks to get on the agenda. SHERIFF HUNTER: You don't understand how it takes so long? COMMISSIONER CONSTANTINE: Well, it may take two or three weeks. I can't understand how that is a problem. CHAIRPERSON MAC'KIE: Let me just -- COMMISSIONER CONSTANTINE: Can I ask for the sheriff to respond to that instead of you? CHAIRPERSON MAC'KIE: Oh, you can. COMMISSIONER CONSTANTINE: If it takes two weeks or three weeks to get on the agenda, how is that a problem if you still got probably thirty million dollars left of what was budgeted for the upcoming year? SHERIFF HUNTER: In your particular example, if we're starting October 1, 1998 and I run into a difficulty unbudgeted, certainly I can rework my budget from within the budget at that time and re-allocate monies within the object codes. If I'm looking at August or if I'm looking at July and I run into the same situation and I'm thinking out in advance, as we have on the space issue for the last number of years and a number of other issues, jail expansion issues, but get no relief from the board yet I'm still required by law to meet my obligations of my office and I can't get an item on this board's agenda for whatever reason, maybe you're on recess, which is the month of July or the month of August, whatever you decide to take off, then I need the latitude and the authority. I already have the authority. I need the latitude to make expenditure if necessary to meet payroll, to meet unusual and unexpected expense. That's -- that's the issue. COMMISSIONER CONSTANTINE: I guess the first part of your discussion there you said, like with the jail or like with the Page 112 February 23, 1999 building. Are you suggesting that you could or would or might use such a reserve to go toward a capital project like that? SHERIFF HUNTER: No. This office recognizes that it's the board's constitutional responsibility to provide capital space for all the constitutional officers. COMMISSIONER CONSTANTINE: So, neither one of those examples you used were really germane to this argument then, were they? SHERIFF HUNTER: Say it again. COMMISSIONER CONSTANTINE: Neither one of those examples you cited are really germane to this particular argument then, are they? SHERIFF HUNTER: I gave you examples that are germane; meeting payroll, extraordinary unusual expenses pertaining to the office of sheriff, let's say office space. If I have to rent it, certainly that would be an occasion. If, for instance, suddenly a major pipe broke loose in Building A and it was now unoccupiable space and the board was not able to meet within an appropriate period of time because they were on vacation or for some other reason I'm unable to get the matter on the board's agenda, certainly I could make expenditures out of that reserve account. CHAIRPERSON MAC'KIE: And I think the example on the space, Commissioner Berry, is -- I certainly understand the sheriff's extreme frustration as he's expressed to us in several letters with his inability to get the space question before the board. While I'm chair, if a constitutional officer wants to have an item added on the agenda, it will be added on the agenda and then if our staff has a reason not to hear it, we'll discuss it at the meeting, but I think that -- and that's a message to constitutional officers to tell me, and I will put it on, and then it can be discussed at the meeting about why it's too soon, but they have certainly had many items that they've tried to -- or this one particular item of space that they tried to get heard week after week after week and were turned away. So, it's not as easy as just call up the county manager and you'll get your item added on the agenda. That just doesn't happen. MR. FERNANDEZ: Madam Chairwoman, could I clarify that, please? The item that was not presented was a staff presentation on the item. If I get a request from a constitutional officer to be on the agenda, we put them on the agenda. What was being asked is for me to give my staff presentation that wasn't ready, and I think I should have the discretion to do that. The sheriff can come any week and speak to the Board of County Commissioners. In fact, this item did not meet our agenda deadline, and it's here in your packet. So, I think we've made every effort to accommodate constitutional officers. SHERIFF HUNTER: May I clarify? CHAIRPERSON MAC'KIE: Please. SHERIFF HUNTER: This board -- actually, predecessor board, but Mr. Constantine, I believe, Mr. Norris were on the board, gave specific direction to the former county manager that he would be responsive to the sheriff's office and would bring agenda items to their attention and place them on the agenda. This is not about Mr. Fernandez, although we are frustrated not seeing this particular Page 113 February 23, 1999 matter come before the board on the space issue. That was not our item. That was someone else's item. I'm referring to matters that we have had difficulty with getting before the board from time to time, and I'm not suggesting that we're having that particular difficulty at this moment. It is a historical matter, and I don't choose to run into that issue again, and I'm certain that Mr. Fernandez will help me with that. The issue is availability of the board, availability to make the decisions in a timely fashion to carry out the functions of my office. I'm, perhaps, more sensitive to those time constraints than the board, and, as I said before, it's my opinion and the opinion of legal counsel and the initial opinion of staff at the governor's office that this is a matter of law, not something that is subject to debate, and I think we can avoid public expense, resolve it now -- CHAIRPERSON MAC'KIE: And with the -- SHERIFF HUNTER: -- place the monies in the sheriff's budget. COMMISSIONER CONSTANTINE: Did you receive some correspondence from the governor's office? I hadn't seen any of it SHERIFF HUNTER: No, discussions, discussions. MR. FERNANDEZ: Madam chairwoman. CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: The statute that we're referring to is Chapter 30.49, and it says, in part, that the Board of County Commissioners shall include the reserve for contingency provided herein for each budget of the sheriff and the reserve for contingencies in the budget of the appropriate county fund. CHAIRPERSON MAC'KIE: And his point is? MR. FERNANDEZ: We contend that the appropriate county fund is the reserve fund of the general fund. COMMISSIONER CONSTANTINE: I would think the logic of why that is appropriate is when the sheriff comes forward with an amount of money for his budget each year, he outlines the various expenditures of what that is. Now, if he changes his mind, re-allocate some of that after he's gone, he can, but in order to justify your budget every year, you show us "X" amount is payroll and so on. The -- having a three or four million dollar cushion tossed in there with no particular purpose, I think it lends further credence to the administrator's argument that the reason that is in reserve is so that if you do need that, we go through the same process, just as you do in the budget. You come back. You say, golly, we've got these things we didn't expect. I need to have this allocated, and the board says, yeah, okay -- CHAIRPERSON MAC'KIE: You know what, this is just an idea that we might be able to resolve it. If there's not a majority of the board who's willing to go along with this kind of a settlement for this year and see how it goes, then there's no point in us having the legal debate on this -- in this forum. I thought that there might be some possibility that we could settle it that way. SHERIFF HUNTER: May I, Madam Chairwoman? CHAIRPERSON MAC'KIE: Certainly. SHERIFF HUNTER: Unfortunately, the county administrator did not read on. As he said, in part, under Subsection 7, quote, the reserve for contingencies in the budget of a sheriff shall be reserved by the Page 114 February 23, 1999 same provisions governing the amount and use of the reserve for contingencies appropriated in the county budget except that the reserve for contingency in the budget of the sheriff shall be appropriated upon request of the sheriff, period, end quote, meaning they are using identical language for both budgets indicating that the reserve for contingency shall be in the budget of the sheriff just as the reserve for contingency shall be in the budget of the county, and it will be in the same amount appropriated in the same way as that appropriated in the county's budget. COMMISSIONER CONSTANTINE: Can you read the very last part of that again? I'm sorry, I just didn't hear that. SHERIFF HUNTER: Which very last part? COMMISSIONER CONSTANTINE: Just the very -- like the last line. SHERIFF HUNTER: Except that -- except that the reserve for contingency in the budget of the sheriff shall be appropriated upon written request of the sheriff as in the form of a budget request as we did, and I have made written requests to this board now on several occasions, and it is the basis of my appeal. COMMISSIONER CONSTANTINE: I guess if it was in a -- in your own budget which -- over which you have discretion to spend as you see fit, it wouldn't -- I just hear it differently than you. I think that further bolsters our case that it is in a contingency fund, and you need to request it, and the board reviews it and then allocates it. I just -- maybe we are reading that differently, but the words I hear -- COMMISSIONER NORRIS: I think so. COMMISSIONER CONSTANTINE: -- actually strengthen the idea that it's supposed to be in a reserve and we go back through the process. SHERIFF HUNTER: Very well. Thank you. COMMISSIONER BERRY: I think that's why we have court -- CHAIRPERSON MAC'KIE: Okay. It was a shot. COMMISSIONER BERRY: -- because I would -- from what it said, it sounds like you still have to request it. COMMISSIONER CONSTANTINE: Yeah. COMMISSIONER CARTER: Attorney Weigel, were you to make a comment on that? MR. WEIGEL: Well, I was going to say that, you know, the lawyers speak, as you look at these different paragraphs. It's kind of material to make them -- to see how they read together, and so the sheriff has clearly a viable issue in the discussion, interpretation that he has, and we can't tell for sure from the prior paragraph that Mr. Fernandez mentioned that, in fact, the money is held in, quote, a different budget, but what the sheriff was indicating was that he doesn't get a board approval. It happens upon his written request, and it just happens, and I think that's the operative distinction that he's trying to bring forward. COMMISSIONER BERRY: You know, one other -- one other comment I'd like to make. I believe my first year on this board, and I'm sure it happened before, but when we went on recess in the summertime, was there not like a resolution or something passed whereby we gave the county administrator whatever authority he needed to go ahead in the case of emergency measures or something, that he'd have that authority COMMISSIONER CONSTANTINE: Yes. Page 115 February 23, 1999 COMMISSIONER BERRY: -- to go ahead and take care of those kinds of things? I know there was some question raised about this, but, you know, if there was a problem, if there was something that came up, I believe the administrator had that authority to do it. So, to say that because we were on recess that we weren't able to take care of a demand, I think that is unfounded. COMMISSIONER CONSTANTINE: There's a couple different things to that. One is you can gather on an emergency call from the chair. We can have a meeting. You can even do that via telephone. We've been through that before. So, I mean, if we were all on vacation in Timbuktu, you could still have a meeting and hook everybody up by telephone in an emergency case. COMMISSIONER NORRIS: Telecommuteo COMMISSIONER CONSTANTINE: The second thing is, I think the verbiage there is most important, and that is the word request. COMMISSIONER BERRY: Right. COMMISSIONER CONSTANTINE: It doesn't say written notification of the board. It says written request, and you look up the definitions of those words, and I think there's a very clear and distinct difference. I'm only sorry the sheriff didn't stay for the remainder of the discussion. COMMISSIONER CARTER: Well, what's the checks and balance here if you transfer it to the sheriff? COMMISSIONER NORRIS: Exactly. COMMISSIONER CARTER: None. COMMISSIONER BERRY: There isn't any. COMMISSIONER CARTER: So, he could spend a reserve down to zero without anybody checking it off. COMMISSIONER BERRY: Well, I think -- COMMISSIONER CARTER: We are the -- we are the balance here. We are the checks and balance system, and that's what I have trouble with because he can get the money, but he just has to come through -- COMMISSIONER BERRY: his budget? MR. FERNANDEZ: Yes. CHAIRPERSON MAC'KIE: minutes, be back at 3:30. COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: And doesn't that reserve then become part of Yes. So, shall we take a budget (sic) for ten A budget. You want to take a budget for ten minutes. Take a budget. (Small break was held). CHAIRPERSON MAC'KIE: We'll call the meeting back to order for the Board of County Commissioners, February 23rd, 1999, and in our new every other week meeting schedule, at 3:30 becomes sort of the pattern for when we begin the afternoon agenda, which we will do right now. COMMISSIONER BERRY: It's only 20 pages long, though. We'll note that. Item #12A1 ORDINANCE 99-13 REGARDING THE TRANSPORTATION ELEMENT FOR THE GROWTH MANAGEMENT PLAN - ADOPTED; ORDINANCE 99-14 REGARDING THE CAPITAL IMPROVEMENT ELEMENT - ADOPTED; ORDINANCE 99-15 REGARDING PETITION CP- Page 116 February 23, 1999 98-01 - ADOPTED; ORDINANCE 99-16 REGARDING THE FUTURE LAND USE ELEMENT - ADOPTED; ORDINANCE 99-17 REGARDING PETITION CP-98-04 - ADOPTED; PETITION CP-98-03 - DENIED CHAIRPERSON MAC'KIE: No kidding. We'll go to Item 12(A) l, comprehensive plan amendments. Let's see, this isn't anything we need to be sworn on, is it? COMMISSIONER BERRY: No, no swearing. CHAIRPERSON MAC'KIE: Thank you. No swearing in, just swearing at. MR. WEEKS: Good afternoon, commissioners. I'm David Weeks of your comprehensive planning staff. This will be a very brief presentation, as you've seen all of the six components of this one agenda item previously at your transmittal hearing. This is the '98 cycle of the growth management plan amendment. Five of these six amendments were transmitted to the State Department of Community Affairs for their review in October of last year. One of the items actually was adopted bY the commission in 1997, but because the state agency has found the future land use element that was adopted at that time not in compliance, that provision was not in effect, we chose to bring it forward to you as part of this cycle for re-adoption. Madam Chairman, at this -- your pleasure, rather than go into these various items, because you have reviewed them previously, I will simply mention the item, indicate any comments from the state agency and whether there's been any public comment received and then allow you then to take your vote. We do have six items, and they each have their own ordinance, so we do need six motions. CHAIRPERSON MAC'KIE: What a great idea. MR. WEEKS: The first is the transportation element. There were no public comments or correspondence received and no comments from the state's review of this item. I would ask for your -- COMMISSIONER BERRY: I move for approval. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Do we need to ask if there's public comment on each one as we go through? Is there any on that particular item? MR. FERNANDEZ: Madam Chairman, the way the petitions have been submitted, it's hard to tell. A couple of them have indicated Item 5, but some are not that specific. So we may have to just ask, for example, Jim Coletta was not specific with his request. CHAIRPERSON MAC'KIE: Mr. Coletta, are you here? COMMISSIONER CONSTANTINE: Golden Gate master plan, I suspect. CHAIRPERSON MAC'KIE: I'm willing to bet he's in Golden Gate master plan, but he's not here right this moment anyway. MR. FERNANDEZ: Hy Bershad. COMMISSIONER BERRY: He's number five. CHAIRPERSON MAC'KIE: Golden Gate? COMMISSIONER BERRY: Yes. CHAIRPERSON MAC'KIE: Yes. COMMISSIONER NORRIS: Is there anybody here for transportation? MR. FERNANDEZ: And Cheryle Newman was -- CHAIRPERSON MAC'KIE: Also for Golden Gate. Those are our only registered speakers? Page 117 February 23, 1999 Okay. So, we have a motion and a second on the floor. Ail in favor, please say aye. Opposed? (No response). CHAIRPERSON MAC'KIE: It passes five-oh. MR. WEEKS: Capital improvement element, no public correspondence or comment. There was an objection from the State Department of Community Affairs indicating no data and analysis to support the designation of a certain segment of Vanderbilt Beach Road as constrained. The staff's response is, this is merely an update and revision to this element to read the same as the transportation element, that -- Policy 1.3 of the transportation element. So, this is really more of a housecleaning matter. We've discussed this with DCA and believe there is no longer an issue. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: Opposed? (No response). CHAIRPERSON MAC'KIE: Discussion of the board? Motion to approve. Second it. All in favor, please say aye. It passes five-oh. MR. WEEKS: We have two matters under the future land use element. The first is a public petition that is submitted by a member of the public. It is the Goodlette/Pine Ridge commercial in- fill subdistrict. No public comment or correspondence has been received. The state agency -- state agency did object to this based upon incompatibility with the surrounding area, most particularly the Pine Ridge Middle School, and also indicated the justification for the commercial was not linked to population growth. The petitioner has provided a written response, which is included in your packet. Staff concurs with their analysis and response. One change has been made to the adopting language, and that is to read that the subdistrict is intended to be compatible with the added portion, the neighboring Pine Ridge Middle School, and it goes on to read, nearby residential development, et cetera. Discussion on the board? Motion to approve. Commissioner Berry, I think we're counting CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: on you for a second. COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: aye. I'll second it. Great. Thanks. Ail in favor, please say Opposed? (No response). CHAIRPERSON MAC'KIE: It passes five-oh. COMMISSIONER NORRIS: Left wing came in second. MR. WEEKS: The second item under the future land use element is the particular item I mentioned earlier that was actually adopted in 1997, but is not in effect, so we're bringing it back through the process again. This is to delete the commercial under criteria provision and replace it with the office and in-fill commercial subdistrict. There's been no public comment or correspondence received on this, and when it Page 118 February 23, 1999 was originally adopted, transmitted and adopted back in '97, there was no objection from the State Department of Community Affairs. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRPERSON MAC'KIE: Opposed? (No response). CHAIRPERSON MAC'KIE: Discussion on the board? Motion to approve. Second. All in favor, please say aye. It passes unanimously. MR. WEEKS: Next, we have two amendments to the Golden Gate area master plan. The first is a public petition, and it is to amend the neighborhood center at the intersection of County Road 951 and White Boulevard. There have been two letters received in opposition, both of which are included in your packet. There's no comments at all made from the state agency that reviewed this amendment. COMMISSIONER CONSTANTINE: Either one of those letters representing more than one person? MR. WEEKS: One was from the president of the Civic Association. COMMISSIONER BERRY: The Estates, the Estates Civic? MR. WEEKS: Yes. I have two comments regarding changes. One is a very minor typo in the ordinance. We cited the wrong petition number, so we need to correct that. Secondly, at the planning commission, staff introduced a change to replace the word residential with the word estates. This was in regards to providing a buffer adjacent to estates zoned property. This is a minor semantic thing, but it's significant because the zoning code defines the estates zoning district as agricultural, not residential, and so we wanted to clarify that by putting in the estates zone. CHAIRPERSON MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: Yeah, just several comments. You know, I was in favor of this when we went through the first step of the process, but some of the arguments that were made for this, one of which was, golly, with all the traffic on White Boulevard, this can't possibly be appropriate for a residential unit. Yet, if you drive north on County Road 951 and turn north onto Golden Gate Boulevard, which certainly has far more traffic than White, you will see on the identical intersection a single family home, and you'll see it all the way up and down that 951 corridor, people who back up against the little canal way that leads out, and so I think that's a weak argument, at best. I think one of the other arguments was, well, gosh, this type of service is needed in the estates. As there are more and more families and more aging people, we need adult living facilities, but if you continue, you see where White Boulevard turns into Pine Ridge, when you go across 951, you follow Pine Ridge for a little under two miles, and there's two pieces of property there that are zoned for ALf. So, the area isn't starving for that zoning anyway or that designation, and one of the letters to support last time around was from the folks who own the property across the street, it's currently used as a model home, I suspect, and I don't blame them, but I just want to point it out, I suspect their interest in having that across Page 119 February 23, 1999 the street is so that they can do the same thing. It would be a higher value to their property if they could turn around and use it as commercial. So, I don't think it's what the estates community wants to see, but I don't think it's the best use of the property nor consistent with what else we are doing in similar areas out there. CHAIRPERSON MAC'KIE: Commissioner Berry, do you have something to say? COMMISSIONER BERRY: The first time around I supported this petition. Then I had my head handed to me on a plate -- CHAIRPERSON MAC'KIE: I bet. COMMISSIONER BERRY: -- and so it doesn't take one long to figure out that you're going down the wrong path. At any rate, the problem I see with this is perhaps that we're doing it piecemeal, and probably what has to happen and what might be a better approach is that we take a look along 951 and review the master plan, not only along 951 for future growth, but also through resident participation as well as we restudy the Golden Gate Estates area, because things have changed since that master plan has been completed, and I think it might be a better approach if we re-look at the whole area, and here, again, if they all come back and say they're very happy with things status quo, that's fine, but I'm not getting that kind of feedback. I'm getting a lot of mixed -- mixed feelings, and rather than do it on a piecemeal approach, the better way is to just take a look at the whole area and decide what is the best way. Truly, in this particular situation, you've got a very busy intersection. There's no question about it, and it's not going to change a whole lot. So, at this point in time, I'm -- I will tell you right up front, I'm not going to support this petition. I'm not against ALFs. I don't think that that's the problem, but I just think that doing this at piecemeal is just not a good situation. CHAIRPERSON MAC'KIE: Certainly we'll hear from the public speakers, but this does take four, doesn't it? MR. WEEKS: Yes, that's correct. CHAIRPERSON MAC'KIE: So, be advised, you've got to persuade one of these two guys to change their mind or it's a dead duck. So, shall we hear from the public speakers? MR. FERNANDEZ: The first two speakers are J.A. Owen and Jim Coletta. CHAIRPERSON MAC'KIE: to see if he's here? COMMISSIONER BERRY: him. Anybody want to look around for Mr. Coletta He left before lunch, and I haven't seen CHAIRPERSON MAC'KIE: And after Mr. Coletta? MR. FERNANDEZ: Michael J. Volpe. CHAIRPERSON MAC'KIE: But our first speaker, please. MS. OWEN: My name is Judy Owen. My husband and I own property on Weber Boulevard. We are here to support the turning down of the zoning request if we possibly can. We ask your assistance in voting no to rezoning the property. I'm sorry Mr. Coletta had to leave, because I'm sure he could express our concerns from the Civic Association much more wordily than I can, but we do know that the Civic Association is totally behind us in our request. Page 120 February 23, 1999 CHAIRPERSON MAC'KIE: Thank you, ma'am. Next. MR. FERNANDEZ: Mr. Botner indicated that he would like to speak prior to Mr. Volpe. They're together. MR. BOTNER: For the record, George Botner, agent for Hy and Anita Bershad, and as you know, we've been working on this in one form or another for about the last year and a half for Mr. Bershad, trying to resolve the conundrum of how to best utilize that property that's got a leftover estate zoning on it to a better use than the impacts that have occurred over the last 20 years since he purchased the property would allow him to do. We're just going to recap very briefly for you, because we know that you've heard this in great detail before. The planning commission has heard it in equal detail before, and, of course, they supported it twice in a row and you-all supported it to go to DCA and as you heard from staff, there was no opposition from DCA as it comes back for your final hearing on it, but to start this off, I'd like to have Michael Volpe, who has been working with us on it, make a couple of comments, and we'll take it forward. MR. VOLPE: Madam Chairman, members of the board, for the record, my name is Michael Volpe. I'm a member of the law firm of Treiser, Kobza & Volpe. COMMISSIONER CONSTANTINE: Welcome home. MR. VOLPE: It's -- it's great to be back, actually. COMMISSIONER NORRIS: Mr. Volpe, before you start -- MR. VOLPE: Certainly. COMMISSIONER NORRIS: -- are you aware that your picture back in the conference room -- MR. VOLPE: It's falling down? COMMISSIONER NORRIS: No, it has a long tie on it. MR. VOLPE: Oh, really. We'll have to change that now. CHAIRPERSON MAC'KIE: You have to change that. I mean, that should be a bow tie on that picture. MR. VOLPE: I'll be brief. I could count -- I've heard the comments of Commissioner Constantine and Commissioner Berry. I would like to just, if I could, very briefly respond. We have been in this process for almost two years now, and we have, in fact, attempted to work as best we can with the staff and with the residents in the Golden Gate Estates area. We think we have what is a good transitional use, at least on your future land use map for the Golden Gate master plan. We understand the issues. The comment that I would like to make and specifically to Commissioner Constantine, I think your point is well made. As we look down 951, the question is, when was that home built? Was that home built within the last two years? I think we've acknowledged that when I sat with you on the board, 951 was going to be and is the beltway around Naples. We are changing the character. I ask you too to look at Santa Barbara. I ask you to look at Golden Gate Parkway. I ask to you look at Pine Ridge Road. I ask you to look at Davis Boulevard, and look how the estates is a massive area and how our transportation network is impacting upon these areas, and if you look along Golden Gate Parkway, lots of conditional uses along the Parkway. Very few single family Page 121 February 23, 1999 residential homes are being built there today. Those that were built were built some time ago. Same is true on Pine Ridge Road. So, I ask you, Commissioner Constantine, to put it in the context. That's right, if we were back ten years ago, different story, but the four laning of 951 is going to occur. We've got new high schools, middle schools. We know what's happening to the Immokalee corridor, et cetera. And I think the other issue that Commissioner Berry has made, a point well made, unfortunately, my client ends up being the catalyst for saying, well, maybe we ought to take a look at the entire Golden Gate master plan. Well, you do that every year. I mean, this is a cycle. We've been through this process. When we met with the residents, the comment that was made, and it's a very, very legitimate comment, and someone will correct me, I'm sure, but let me express what my recollection of our meetings were, and that was, well, maybe this is a -- you know, this is a fully signalized intersection. Gee, it's the extension of Pine Ridge Road. Golden Gate Boulevard is not a signalized intersection, this one is, but we're worried about the proverbial camel getting its nose under the tent, and what's going to happen here, this is going to have a snowball effect, and it's going to make the whole thing cascade, and we're going to end up having all these kinds of terrible things encroaching upon Golden Gate Estates, into the internal area of Golden Gate Estates. I simply would caution you to tell you that, you know, the concern is that we set some terrible precedent. You take each one of these on its own. This is an amendment to the future land use map. You're just saying, look, you've got an opportunity some time later on in the future to come back and ask for this. We're not going to rezone it now. I mean, we've had agricultural zoning out there forever, and people are coming in on a daily basis and asking to rezone them to commercial or whatever. So, you have to come back before the board. So, I can make the legal arguments. I can make the practical arguments. I guess what I would ask here, we make a good argument for this unique parcel of land, and that it is, in fact, appropriate as a transitional use. Commissioner Berry, and I will conclude, Commissioner Berry, the suggestion of looking at all, I think, is an excellent suggestion. You're doing it along Santa Barbara. It's time to change Santa Barbara, but in this instance, I would suggest and would ask that what the board consider is simply -- no one has objected. DCA hasn't -- allow the amendment to the growth management plan to go through, and then say, but we will not entertain any applications for any conditional use until we do our study. Otherwise, we've wasted your time, and we've wasted our time and staff's time in this process, because, Commissioner Berry, as you said, this particular piece of property is unique. This particular piece of property, when you get done studying it, it is still going to be at a fully signalized intersection with commercial development across the street, and I'm meeting with the transportation services department within the next two weeks in order to negotiate with them the acquisition of turn lanes so that you will have two turn lanes turning right on 951 to Page 122 February 23, 1999 take some of that pressure off of Golden Gate Boulevard as you four lane it. CHAIRPERSON MAC'KIE: Mr. Volpe -- MR. VOLPE: Thank you for your time. CHAIRPERSON MAC'KIE: -- my question, just before you leave the podium, and maybe it's for Mr. Weigel, but it is, could we do the flip side of that? Could we say that this conditional use application could track the next amendment cycle? It could happen concurrently in the event that the board does decide to go forward when it looks at the big picture? MR. WEIGEL: No, you cannot do that. CHAIRPERSON MAC'KIE: No, you cannot? MR. WEIGEL: You cannot do that. CHAIRPERSON MAC'KIE: Oh. MR. VOLPE: Well, I just -- Mr. Weigel, if -- if -- if the process of applying in terms of some sort of a moratorium on the -- it's only this parcel. It's only this parcel that we would not apply for a conditional use until you had completed the process that Commissioner Berry, and I think appropriately, says, let's take a look at the whole thing. Otherwise, we're going to be back here two years later and join, but I would think that there would be a way -- where there's a will, there's a way in terms of what I'm saying. If you want a commitment from my petitioner that says I will not and we will encumber the land in whatever way that says we will not apply for a conditional use until such time as you tell us we can do that, we'll commit to that to get past the first stage as you go forward. CHAIRPERSON MAC'KIE: My question was -- was not the same as that one. I think that the one Mr. Weigel has answered is my question, could we, without making -- assuming that this does not pass today, could we, when we look at the master plan, could we simultaneously process a conditional use for your client so that the two could be happening on the same track? MR. VOLPE: I hear that. It doesn't -- it doesn't really -- I mean, it's either now or later. I mean, what you've got before you today, I just simply emphasize, you're talking about an amendment to the future land use map, period, and you're talking about one five acre parcel, period. That's it. CHAIRPERSON MAC'KIE: That's what could change anybody's mind. MR. VOLPE: That's it. Thank you. COMMISSIONER NORRIS: I do think that it's fitting that the only person who has gone over the allotted five minutes today was our friend, Mike Volpe. COMMISSIONER CONSTANTINE: One of our own. MR. VOLPE: But not by much. CHAIRPERSON MAC'KIE: Ms. Student. MS. STUDENT: Madam Chairwoman, for the record, Marjorie Student, assistant county attorney. The problem with the scenario presented is that all development orders must be consistent with the comprehensive plan. So, that plan amendment would have to go through all the hurdles and become legally effective before you could process a conditional use that would -- CHAIRPERSON MAC'KIE: I appreciate that. MS. STUDENT: -- track it. So -- Page 123 February 23, 1999 CHAIRPERSON MAC'KIE: I appreciate that. Okay. Commissioner Constantine. COMMISSIONER CONSTANTINE: Oh, I'm sorry. There are more speakers? Go ahead. MR. FERNANDEZ: There are two more speakers. CHAIRPERSON MAC'KIE: Please call them. MR. FERNANDEZ: There are Hy Bershad and Cheryle Newman. MR. BERSHAD: Yes. Madam Chairman, commissioners, my name is Hy Bershad, and I'm the petitioner in this case, and it looks like I'm at somewhat of a disadvantage, but just let me repeat, I'll only take a few minutes. For those of you who know this situation, that it was 20 years ago when my wife and I bought this particular piece of land. We love the estates. We love the ambiance. We love the type of quality of life that existed there, and we still do. I have a daughter and a son each of whom have homes in the estates, and I mention that because I just would like you to know that I'm as concerned about retaining the type of conditions that exist there that they fell in love with and that we fell in love with and appreciate even today, but the fact is that things change in 20 years, and in those 20 years, County Road 951, which was two lanes, one lane in each direction, Pine Ridge Road, two lanes, one lane in each direction, have now become major divided highways. This is a signaled intersection. The two quadrants on the west side of this intersection are both zoned for commercial use. To the south of my particular property, we have All American Homes with their model homes, and we seem to be the only piece of land right there where the County seems to be insistent that we retain a one family house, and I don't think that that's fair. I don't think it's reasonable, practical or safe. I have four grandchildren. I sure as heck wouldn't want my grandchildren running around on that piece of property, and I can tell you that the person who owns that home on Golden Gate Boulevard and 951, on that corner, if they had little children, allow them to run around, I can't understand how they would do it, especially once you start to make Golden Gate Boulevard four lanes, a divided highway, a major highway. The point is that now we're looking at County Road 951, and we're saying, we've got to start planning this road, and I've even seen people say, well, now we've got to change the name of it. I saw an article, a little letter that was sent into the newspaper saying, yeah, we have Wyndemere Estates, let's call County Road 951 Justamere (phonetic) Road, and I thought to myself, yeah, maybe that makes some sense. The point is that we have to study that corridor. We have to study Golden Gate Estates. There's a lack of services in that whole area. It's an enormous area, and yet we have this one particular piece of property. It's at the edge of the estates. It's two miles away from the Cleveland Clinic. We know that there's a need within the estates. We've talked to people there who say that there's a need, that they could utilize this service, and all we're asking is that the commission once again take a look at this. The state had no objection. The commission, again, approved this the first time around, and all we can do is say, sometimes we have to do things which Page 124 February 23, 1999 are not the most popular things in the world but which may be right for the community and for the services that we need. Thank you. CHAIRPERSON MAC'KIE: Thank you, sir. Commissioner Constantine. MR. FERNANDEZ: Cheryle Newman, and then I was handed a late petition for her (sic) speaking, Gregory R. Yanda. CHAIRPERSON MAC'KIE: Sure. He's been here all day. In the future, if you would sign up before the item is called, that's our procedure. MR. YANDA: Good afternoon. For the record, my name is Gregory Yanda. I'm up here on behalf of my family, and I would like to mention that I am a member of the Golden Gate Civic Association, and I jotted down a few points of concern that I have here. Buying a piece of property anywhere doesn't come with any guaranties, and personally, I have lost on different investments that I have made in the past, and the owner of such property that we're talking about right now, he could simply turn around and try to sell this piece of property if he does find it unfit to develop into a home, into a residence. I would like to know the issue if he ever tried to sell the piece of property, if that ever arose. In the past six months I took out one hour of my time to take petitions against the rezoning of this piece of property. COMMISSIONER BERRY: And against this commissioner, correct? My name was on the petition. MR. YANDA: It was to make you aware of what the people out there in Golden Gate Estates want. COMMISSIONER BERRY: That's not what it said, but -- CHAIRPERSON MAC'KIE: You've got to be careful how you say those things. MR. YANDA: Right, okay. CHAIRPERSON MAC'KIE: Okay. MR. YANDA: I wasn't the one that went out and developed the criteria for what was on that petition. I just went out there and got the signatures on my own time. In one hour's time, I got 60 signatures. Only one person was for the building of the assistant living facility. I want to paint the picture for you. Back in Staten Island, New York where I come from -- CHAIRPERSON MAC'KIE: We can tell that. MR. YANDA: Okay. Thank you. CHAIRPERSON MAC'KIE: I'm from Mississippi, so I notice those things. MR. YANDA: Thank you. My father recently sold his home back in December, and his return over 34 years was definitely compensated for one reason, the ongoing effort of our civic association in that area on keeping conditional uses -- excuse me, conditional use properties in its place. If you would have put my dad's home one town over, he would have received a hundred thousand dollars less for his home than what he received, and that was due to the proper planning and by keeping a conditional use in its place, and I could definitely say that the homeowners in Golden Gate Estates will definitely benefit by keeping such development of Page 125 February 23, 1999 this property out of its area, and that's about all that I have to say. Thank you. CHAIRPERSON MAC'KIE: Thank you, sir. Any other speakers? MR. FERNANDEZ: No other speakers, Madam Chairman. CHAIRPERSON MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: Yeah. I'm certainly sympathetic to the fact you put 18 months of time in on this. However, there is no guarantee that because you go through the process, you're going to end up on the other end with the result you had hoped for. The property, regardless of whether we make this change or not, is certainly worth considerably more than it was 20 years ago. If you purchased a lot in Golden Gate Estates in 1979, I suspect the price was significantly different than someone who has just purchased one recently. I can tell you it's a lot more now. I think it's important to point out, if you're not familiar with this intersection, and that photo really doesn't do it justice, this is not a typical intersection. You'll notice White Boulevard and Pine Ridge are not the same road, and that is because there's a distinct difference. There's a canal beside 951, and then you go across a bridge which is nowhere near the width or design that Pine Ridge is, and then you come upon this property. It is -- this doesn't sit out on the intersection, and so when we talk about the intersection and what's on the other corners of the intersection, it's not completely germane to the argument. What's right across the street certainly is, and the gentleman mentioned there's a model home there, but a model home by its very nature will turn into a single family residence unless it is granted a change. So, when he says, gosh, I don't think it's fair that I'm the only single family residence, you're not going to be. Across the street they have a limited life on the model home, and across the street, you will have a single family residence as well. Mr. Botner at the beginning said, we've got, quote, leftover estates zoning. When I think of leftover estates zoning, I think if you go on Pine Ridge Road east of -- I'm sorry, west of the interstate, then you've got some parcels that are still estates zoning, but everything surrounding them has built up, and that's a leftover, but if you look at this, it's estates to the north. It's estates to the east. It's estates to the south, and frankly, most of that property to the west is zoned estates, too. So, this is hardly leftover estates. This isn't just some parcel that's stuck out in the middle of nowhere. COMMISSIONER NORRIS: So, your recommendation is? COMMISSIONER CONSTANTINE: I'm recommending that we don't approve this particular item. I can see where we're going. COMMISSIONER NORRIS: I'll second that. COMMISSIONER CONSTANTINE: Thank you. CHAIRPERSON MAC'KIE: Further discussions on this item? If not, all in favor, please say aye. And opposed? (No response). CHAIRPERSON MAC'KIE: It passes unanimously. The -- Page 126 February 23, 1999 MR. WEEKS: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: Scared you to death. Last item. -- last item. Wait a minute. What was your question? That we not go forward. Oh, okay. So, it passed that we not go forward. COMMISSIONER CONSTANTINE: The motion was to deny it. CHAIRPERSON MAC'KIE: Motion to deny. MR. WEEKS: The last item is, again, an amendment to the Golden Gate area master plan. COMMISSIONER CONSTANTINE: Motion to approve the item. CHAIRPERSON MAC'KIE: Is there a second? MR. WEEKS: One comment, if I may, please, because we did have a -- to get on the record, the State Department of Community Affairs did have an objection regarding incompatibility in their opinion with the surrounding area and also lack of justification. Staff has prepared information that appears in your packet. We disagree with them, and we are proposing no changes. We propose it be amended as submitted. CHAIRPERSON MAC'KIE: A motion and a second on the floor. All in favor, please say aye. Opposed? (No response). CHAIRPERSON MAC'KIE: It passes five-oh. COMMISSIONER NORRIS: Okay. Item ORDINA/~CE 99-18 PETITION PUD-98-15, DWIGHT NADEAU OF MCCANLY ENGINEERING AND DESIGN, INC., REPRESENTING SECTION THIRTY CORPORATION LLC, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS LIVINGSTON LAKES PUD. LOCATED ON THE EAST SIDE OF PROPOSED LIVINGSTON ROAD APPROXIMATELY 700 FEET SOUTH OF IMMOKALEE ROAD CONSISTING OF 46.73 ACRES - ADOPTED CHAIRPERSON MAC'KIE: So, Item 12(B)l, which is Dwight Nadeau of McAnly Engineering; who from our staff is presenting this, and as he's coming forward, will everyone who wishes to be heard on this item please stand and raise your right hand and be sworn by the court reporter. This is the Livingston Lakes PUD. (The speakers were sworn). CHAIRPERSON MAC'KIE: And by way of disclosure, I've had a brief meeting with the petitioner. COMMISSIONER BERRY: As have I. COMMISSIONER NORRIS: As have I. COMMISSIONER CARTER: I. CHAIRPERSON MAC'KIE: Okay. Dr. Badamtchian. MR. BADAMTCHIAN: Good afternoon, commissioners, chairman, Chahram Badamtchian for the planning services staff. Mr. Dwight Nadeau representing Section Thirty Corporation is requesting a rezone from agricultural to PUD to be known as the Livingston Lakes PUD. This property is located on the east side of Page 127 February 23, 1999 Livingston Road, proposed Livingston Road approximately 700 feet south of Immokalee Road. This property consists of 46.7 acres. The petitioner is proposing to build 327 multifamily units on this parcel which will result in a density of seven dwelling units per acre. This property is located within -- within Immokalee Road and 1-75 activity center's density band. The maximum allowable density is seven units per acre. That's what they are asking for. This property is surrounded to the north with commercial property, the Stiles PUD which is a commercial PUD, and Donovan PUD. To the west, it's a Pelican Marsh PUD. They are currently building an apartment complex with 17.4 units per acre, even though the overall density of Pelican Marsh is 2.4, and there's also the Eboli PUD approved with 8.12 units per acre, April Circle PUD approved at 12.8 units per acre. To the south of this project, the County has acquired land to build a regional park. This petition was heard by the planning commission on February 4th, 1999, and by a unanimous vote of nine-zero, they recommended approval. However, this petition could not be placed on the consent agenda because -- on the summary agenda because EAB did not have a unanimous vote. They voted three to two to approve it. However, their rule requires a majority, and it failed. The problem was the EIS, environmental impact statement was not complete, and they did not have a red cascaded woodpecker survey done. Since, they have completed that, and staff is satisfied with that survey. As I said, staff recommendation was for approval and the planning commission unanimously. COMMISSIONER CARTER: Excuse me. So the EIS study has been done? MR. BADAMTCHIAN: Completed. COMMISSIONER CARTER: Has been completed, and it is satisfactory, and we have protected the endangered species. MR. BADAMTCHIAN: Yes, sir. There are no woodpeckers in this area. COMMISSIONER CARTER: They moved. MR. BADAMTCHIAN: Possibly. COMMISSIONER BERRY: They had a hunt. CHAIRPERSON MAC'KIE: Is there discussion on the board or maybe questions for petitioner, because, otherwise, this would have been something that's, as Chahram said, on our summary agenda? COMMISSIONER BERRY: The only thing that I mention, when I spoke with Mr. Anderson, who came in to see me regarding this particular one, was that when this project is done -- I believe this is adjacent to the new regional park, and that we make sure that this is duly noted by residents, that they are moving in close to or next to a regional park, and the park is there. We've approved of that. COMMISSIONER NORRIS: And we don't want to hear about it. COMMISSIONER BERRY: And I don't want to hear complaints about any noise at the park coming from soccer fields, baseball fields or anything else. CHAIRPERSON MAC'KIE: Lights. COMMISSIONER NORRIS: Lights. COMMISSIONER BERRY: Lights, because it is a regional park, and it's going to have those kinds of facilities. So, be it known that that's what's going to happen. Page 12 8 February 23, 1999 CHAIRPERSON MAC'KIE: It's a good point to make on the record. I appreciate you doing that. I don't know what kind of requirement we might make. I can't think of anything, but just the notice, you know, that it's noted here in the record is a good one. Are there other items? COMMISSIONER NORRIS: There might be something more we could do, because when Pelican Marsh came for an approval a few years ago, we made them put into their -- I think into their deed documents or somewhere in their documents that had to be presented to each prospective buyer that there was a sewer plant next door. CHAIRPERSON MAC'KIE: I just, at the time, voted against that because I thought it was a bad precedent, frankly, to get into the business of -- if we take on the responsibility of notifying property owners of, you know, something that we deem to be a potential negative and then we miss a few and then we don't notify, I -- I just hate for us to get into that business. You know, the park is there. It's the lawyer's duty who represents these buyers to -- COMMISSIONER NORRIS: Weren't you just proposing we do that? CHAIRPERSON MAC'KIE: No, actually I was not. I was trying to move on, so that that wouldn't come up, because I opposed it when that happened in the Pelican Marsh situation. I do think it's a bad idea. Notice on the public record that we've just discussed here is a good defense should these guys ever come back in saying, hey, we've got a problem, but I don't think it belongs in their documents or that we should get in the business of requiring it in their documents, but COMMISSIONER CARTER: It might be a good idea if they put it in their promotional material. CHAIRPERSON MAC'KIE: It'd be smart of them. Mr. Anderson, comment. MR. ANDERSON: Madam Chairwoman, members of the commission, my name is Bruce Anderson on behalf of the petitioner. In fact, we are delighted that a park is going in next door to us, and if you'd like, we'll put a statement to that effect, that there will be a park on our southern boundary, in the PUD document, which is recorded and would be a matter of public record, and it's very likely that it's something that we will be very pleased to do to disclose to residents as a marketing tool. CHAIRPERSON MAC'KIE: Is that satisfactory? COMMISSIONER BERRY: Yes. Just so it's on the record that everybody is aware. CHAIRPERSON MAC'KIE: Okay. Well -- COMMISSIONER CONSTANTINE: That's a bad thing? CHAIRPERSON MAC'KIE: That's a good thing, yes. COMMISSIONER BERRY: Well, no, but, Tim, what happens is all of a sudden, after people get in there and the baseball, the lights from the baseball fields and the soccer fields, and suddenly it becomes a problem. COMMISSIONER CONSTANTINE: Those darn kids and families having fun, what's wrong with them. CHAIRPERSON MAC'KIE: Okay. Again, public speakers are? MR. FERNANDEZ: Ronald Yuter is the only speaker. MR. YUTER: No, I'm on B(2) . CHAIRPERSON MAC'KIE: Oh, okay. So, no speaker -- Page 129 February 23, 1999 MR. FERNANDEZ: You said one and two on your form. MR. YUTER: Sorry. CHAIRPERSON MAC'KIE: No speaker on this item. I'll close the public hearing. Is there a motion? COMMISSIONER BERRY: COMMISSIONER CARTER: CHAIRPERSON MAC'KIE: Passes -- opposed? (No response). CHAIRPERSON MAC'KIE: Motion for approval. Second. All in favor, please say aye. It passes unanimously. Item #12B2 ORDINANCE 99-19 PETITION R-98-8 JOHN P. ASHER, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING GERTRUDE M. ABELE, REQUESTING A REZONE FROM "E" ESTATES TO .C-4. GENERAL COMMERCIAL, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF DAVIS BOULEVARD (SR-84) AND SANTA BARBARA BOULEVARD EXTENSION - ADOTPED Okay. The next item is 12(B)2, John Asher, it's a zoning amendment, so I assume that's also quasi judicial, am I right, Mr. Weigel? COMMISSIONER NORRIS: Yep COMMISSIONER BERRY: You've got to swear. MR. WEIGEL: Yes. CHAIRPERSON MAC'KIE: So all persons wishing to be heard on this item, please stand, raise your right hand and be sworn by the court reporter. That's everybody. If members of the public want to speak on this item, you need to stand and raise your right hand to be sworn in. (The speakers were sworn). CHAIRPERSON MAC'KIE: By way of disclosure, I have met briefly with Mr. Yovanovich on this and had gotten some correspondence. COMMISSIONER CONSTANTINE: I have met with all parties involved. COMMISSIONER NORRIS: As have I. COMMISSIONER BERRY: As have I. COMMISSIONER CARTER: I met with the developer. CHAIRPERSON MAC'KIE: Okay. Staff. MS. MURRAY: Good afternoon, Susan Murray, current planning. The petitioner is requesting to rezone the subject property from "E" Estates to C-4 general commercial. The petitioner wishes to limit the list of permitted uses of the C-4 zoning district on the front five acres, and that would be the five acres fronting on Davis Boulevard, and to limit the height of structures to 35 feet on that five acres. The petitioner also wishes to limit the remaining 15 acres to those uses permitted by right in the C-2 zoning district and to subject this portion of the property to the C-2 zoning district development standards. The site has approximately 660 feet of frontage on Davis Boulevard and 1,291 feet of frontage on the future Santa Barbara Boulevard extension, which is a total site area of approximately 20 feet. The future Santa Barbara Boulevard extension will parallel the site's eastern boundary. Page 130 February 23, 1999 The site is consistent with the locational criteria for commercial rezoning in that the site is located within the current legally effective boundaries of the activity center surrounding Santa Barbara Boulevard and Davis Boulevard. I do need to make you aware, however, that you have adopted amended activity center boundaries which exclude this site, and if you look at the map, you can see the existing effective activity center boundaries are in yellow, and the adopted new activity center boundaries are in blue, and the subject site is in pink. However, I would remind you that staff and the board are required to evaluate this petition based on its consistency with the effective boundaries which presently include this site. Additionally, I want to let you know that the petitioner has presented evidence in the form of a market study analysis which reveals that there is a need for additional commercial land area within the study site. In examining the development patterns and approved zoning districts within the activity center, staff found that a rezoning to strictly commercial will meet the intent of the mixed use nature of the activity center. Specifically, in examining surrounding properties, one finds that a combination of projects approved are strictly commercial -- commercial -- COMMISSIONER CONSTANTINE: Can I interrupt? MS. MURRAY: Yeah. COMMISSIONER CONSTANTINE: I'm terribly sorry, but just at this time of day, I get less -- MS. MURRAY: Would you like me to just summarize or would you like me to just answer questions? COMMISSIONER CONSTANTINE: Questions is fine by me. I actually have a question for Mr. Yovanovich. One of the things that our staff just reviewed, I think, is a little bit different than what you and the homeowners have agreed to, and that's one of the big items, was you were ready to actually split and make that back 15 acres C-2 and the front C-4 with whatever limited uses you-all had come up with, but I wanted to clarify that as opposed to a C-4 or just what the uses of C-2 was my recollection of our discussion. MR. YOVANOVICH: For the record, Rich Yovanovich representing Gertrude Abele, the petitioner. We have agreed to limit the uses on the back 15 acres to C-2 uses and limit the C-4 uses on the back five acres, however that works out with the commission, whether it's a straight rezone to C-2 on the back 15 and a rezone to C-4 on the front five limited uses, we're comfortable with that, whatever the process the commission wants to go through, but our petition was a C-4 petition on the property, and we've agreed to limited uses on the property, and we have been told we need to come through with the C-4 petition but can agree to limit the uses. I think it's, you know, a different way -- it's a matter of semantics for making it happen, and however we can go forward today, we'll be happy to do it. COMMISSIONER CONSTANTINE: And the discussion you and I had had on Friday on that was, you know, just down the road, should someone want to make a change, it's much tougher to come back and try to go from a C-2 zoning to something higher than that than it is to have a C-4 with limited use, and say, I want to add on this other C-4 use. Page 131 February 23, 1999 MR. YOVANOVICH: We've always envisioned having to come back through a public hearing process to change the uses on any of the property. COMMISSIONER CONSTANTINE: I understand, but just the perception, if it is already zoned C-4, and you say, boy, we just want to add one more C-4 use, that perception realistically is a little different than having a C-2 zoned parcel that you say, boy, now we want to add a C-4 use. MR. YOVANOVICH: As long as we can go forward today under the current petition, and if we have to go to a C-2 on the back 15, that's fine. COMMISSIONER CONSTANTINE: Fine. That's all I'm asking for. CHAIRPERSON MAC'KIE: Ms. Student is hovering. I don't know if that means that she has a legal issue with that. Do you, Marjorie? MS. STUDENT: For the record, Marjorie Student, assistant county attorney. Madam Chairwoman, there's a problem with absolutely rezoning the back area to C-2, because it was not advertised that way, and if it is not advertised, it is arguably void from the very start, and it wasn't advertised, so -- COMMISSIONER CONSTANTINE: Well, call me crazy, but it was advertised for a more intense use, C-4, and -- I mean, that's -- this isn't the first time we've done that. It was advertised. It was advertised for a particular use, and we're looking to make that a less intense use. CHAIRPERSON MAC'KIE: When people come in with a PUD and we say, well, you can have your PUD, but you can only have two units an acre or something like that, isn't this similar? MR. WEIGEL: It's similar. There is a distinction, though. I tell you, what we're trying -- what we're saying is that there may be an issue of defensibility here. We would prefer that the County not be stuck defending it if it should be an issue, if you adopt the C-2 that wasn't advertised today. CHAIRPERSON MAC'KIE: So, why don't we go forward today, and then if we need to at the end of the day, put this on, you know, re- advertise and add it on the consent agenda at some point with C-2 to confirm it, you know, but today, we can agree what we're going to do. Those people have been in the room all this time listening. COMMISSIONER CONSTANTINE: Yeah. So that then the petitioner goes ahead and -- I -- my understanding is he has an opportunity to move forward if we agree to all these other criteria with someone on the front parcel, and that would allow you to move forward and do that, and we get through the legal hurdle in the next three weeks, five weeks, whatever it is you can advertise. MR. WEIGEL: All right. I'll restate then what I think you're looking to do, and that is on the record today get the petitioner to agree to all limitations of a C-2 within the C-4, but it's a C-4, but there's an understanding that this is coming back to rezone to C-2. The petitioner will do the appropriate advertising to do that. CHAIRPERSON MAC'KIE: As a consent agenda item, Rich. Let's just MR. WEIGEL: Well, even though a public hearing can't be considered -- CHAIRPERSON MAC'KIE: Let's just -- Page 132 February 23, 1999 MR. YOVANOVICH: Do I need to go through the whole process again? Am I coming back to the planning board? CHAIRPERSON MAC'KIE: No, no, no. MR. YOVANOVICH: Planning commission, sorry. CHAIRPERSON MAC'KIE: Advertise and come to the board, that's it. Surely, that's it. MR. WEIGEL: Ms. Murray, did the planning commission have any discussion regard to a C-2 zoning? I want to see if we can bypass the planning board. CHAIRPERSON MAC'KIE: Why don't we let you guys figure that out? MR. YOVANOVICH: We had the same discussion we're having right now on the C-2 uses. That's what we had, the same discussion. COMMISSIONER CONSTANTINE: Well, let me make it very clear to staff, and Rich already knows this, we need to make that back half C-2 if you're going to get my vote on this. We've got to do a lot of other things, too, but if that's going to be C-4 all the way back, then I'm simply not supportive. So, I'm trying to make sure we do what folks who live here need and accommodate him so he can go forward and do business on whatever he needs to do if they meet all those criteria. MR. WEIGEL: I want to make sure that we've go all the ducks in a row so we can achieve what the board is looking to do here. CHAIRPERSON MAC'KIE: So, maybe you want to think this over and give us some advice at the end of the meeting about how we might accomplish -- I mean, at the end of this item about how we might accomplish this instead of us putting you on the spot right this very second. MR. WEIGEL: Well, I think we can respond to it now and so we don't have to pull it out, and that is that an advertising has to be done. So it shall be done for a date certain. I would hope you can pick a date certain. Two weeks is a little shy. You probably have to go four weeks in that regard, ten day advertising requirement. Mr. Yovanovich on behalf of the petitioner has indicated that there has been a record created over the discussion concerning the C-2 zoning before the planning commission, and I think that's good. I'm glad it's been brought on the record here today. I guess I have nothing further, but I do think that what you're attempting to approve today is not C-2 zoning but limitations in C-4 with C-2 with the expectation that it's going to come back for a C-2 rezone hearing -- summary judgment (sic) -- summary agenda. MR. YOVANOVICH: We will bring back a rezone for the back 15 to C-2 for another public debate to discuss that back 15. I mean, we have committed to C-2 uses on the back 15. I am not withdrawing that commitment. That commitment is there. CHAIRPERSON MAC'KIE: So, you'll get us there whatever the procedure is that's necessary. MR. YOVANOVICH: Whatever you tell me I have to do to do that, we will do. COMMISSIONER CONSTANTINE: Let's wOrk through all the other issues. MR. YOVANOVICH: Right, we'll figure that out. CHAIRPERSON MAC'KIE: I'm. sorry, but before we start or go further on this item, I forgot that the court reporter needed a break. She wants to change -- oh, I'm sorry, just a three minute break to Page 133 February 23, 1999 change the court reporters. I see. Let's just pause for just a moment. (A recess was taken.) CHAIRPERSON MAC'KIE: Back on the record. MR. YOVANOVICH: Commissioners, I would ask just to clarify and maybe for some indulgence on the procedural issue. We're going to have a hearing today and you're going to hear all of the issues from the neighborhood. I don't want them to get a second bite at the apple in two weeks and pull it off the summary agenda because maybe they don't like today's result. And I just don't think we should be put through that process twice. And we're willing to do what we have to do to live up to our commitments and we would request that the -- you know, the residents of Falling Waters do the same. CHAIRPERSON MAC'KIE: So we will have to discuss what the parameters of the second public hearing, if it's necessary, will be. MR. YOVANOVICH: That's the only concern I have. COMMISSIONER CONSTANTINE: I think the intent is just to deal with making that C-2 official. As long as we can keep it to that, we will be fine. MR. YOVANOVICH: I am comfortable with that. CHAIRPERSON MAC'KIE: Okay. So you had more questions for staff or -- COMMISSIONER CONSTANTINE: No. CHAIRPERSON MAC'KIE: Do we need to hear the rest of the staff report or is everybody familiar enough with this project? Guess we will go to public speakers perhaps. COMMISSIONER CONSTANTINE: Rich might have -- MR. YOVANOVICH: Is it my turn? CHAIRPERSON MAC'KIE: You would be first. MR. YOVANOVICH: Commissioners, I have handed out a copy of a site plan showing some setbacks on it and some height limitations as well as a copy of Miss Murray's presentation to the Planning Commission, which I would like to enter into the record, discussing the compatibility issues of the property as well as staff's recommendation regarding this petition. I think it's important at this point, one, for me to introduce who my clients are, Ed Abele and Chris Abele are here. They represent their mother, Gertrude Abele, who owns the property and has owned the property since 1964. Blair Foley is the engineer for the project and can answer any technical questions. Also, I think I need to take you through the history of this petition and where we started from and where we are today and how we as petitioners have attempted to make sure that this is a neighborhood-friendly commercial project. Originally the petition was submitted as a straight C-4 rezoning of the twenty-acre parcel. Prior to -- with all of the uses within that property. Prior to meeting with any of the residents and prior to staff issuing their report on our rezone petition, our clients voluntarily agreed to limit their petition to C-4 uses on the front, taking out the more obnoxious uses that are not neighborhood type uses and agreed to limit the fifteen acre parcel to C-2 type uses which are more neighborhood commercial uses. We did that without and prior to staff analyzing the petition or the residents even meeting with us. Page 134 February 23, 1999 This is something we decided to do because we thought it was more compatible. Staff analyzed our petition and recommended approval of C-4 with limited uses for the entire twenty acres. We conditioned with a few conditions in their recommendation, one of which is they preferred a fifty-foot native vegetation berm in lieu of the land development code requirement of a fifteen foot buffer. We thought that was excessive, but we wanted to show good faith to the neighborhood and agreed to that fifteen foot native vegetation. CHAIRPERSON MAC'KIE: I'm sorry, did you say fifteen when you meant to say five-o? MR. YOVANOVICH: I meant to say fifty. I'm sorry, fifty-foot native vegetation along the western boundary of the property, and staff requested a twenty-foot buffer across the southern portion of the property. We agreed to that. It went to the Planning Commission. Planning Commission recommended approval of C-4 on the front, limited uses, and C-2 uses on the back fifteen with a fifty-foot native vegetation buffer. We got a unanimous approval. At the Planning Commission meeting and prior to the Planning Commission meeting, I met with the residents regarding their concerns and explained our petition, explained how we voluntarily would limit the uses and requested their input as to what other uses they would like to have removed from the petition. We had very good dialogue. They attended the Planning Commission meeting and said we were very close to resolving this and agreed that commercial use is appropriate if we could have -- basically if they don't see it, smell it or hear it, they were fine with that. We have had -- CHAIRPERSON MAC'KIE: That seems like a reasonable request. MR. YOVANOVICH: Right. And we didn't have any problem with that. And we have met with -- up until this morning, continued to meet with the residents of Falling Waters to try to accommodate what they wanted. What we have agreed to do and offered this morning, and this stays on the table, even though they flatly rejected it, we have agreed to the fifty-foot landscape buffer, slash, berm on the -- fifty-foot landscape buffer and berm combination. The buffer -- and it would be a berm wall that would be twelve feet in height. It would be located in this fifty-foot area. It would go to roughly this line right here (indicating). We would go to just a regular fifty-foot native vegetation because this is a preserve area anyway. We would pick up the wall/berm combination within the fifty-foot buffer at approximately this location (indicating) and go all the~way around the property. CHAIRPERSON MAC'KIE: They don't like that idea? MR. YOVANOVICH: They -- the request has been that -- well, they like part of the idea. They like the idea that we will give them the buffer, the berm and the wall combination, but they want that located outside of the fifty-foot native vegetation buffer. And I will tell you at the four-to-one slope that's required to build that, that's essentially a hundred-foot buffer. Code -- code requires fifteen feet in that area. We have also agreed to limit uses that they told us they didn't want to hear. And how we think we meet their goal with our proposal is with the -- the twelve-foot, basically, wall, you're not going to Page 135 February 23, 1999 hear what's going on on the property. We will landscape that so you can't see what's going on on the property. We have also agreed not to have a fast food restaurant on that outparcel, which I will tell you we had a contract to sell that property with the fast food parcel coming out on the -- (timing beeper sounded) -- do I get to continue? CHAIRPERSON MAC'KIE: Sure. MR. YOVANOVICH: We had a buyer for that outparcel. And my clients have said we will give that deal up. And that deal to my clients is a million dollars that they have agreed to give up to try to work with the residents to be neighborhood friendly. So we think with what we're proposing, you can't see it, you can't hear it, and you won't smell it. So we have agreed to give -- to do those uses, limit the uses, give them that kind of buffering and protection within the area. The concerns we have heard from the residents is they need to have that -- first of all, the fifty-foot native vegetation was not good enough because the native vegetation isn't very good. It's not very sparse. I mean it is very sparse. It's not very thick. When we came to them and said well, let's give you something that's nice and thick, we'll give you the berm and the wall and landscaping and all of that, they wanted to keep the native vegetation for whatever reason, although it's not -- it wasn't good enough for a buffer, for some reason it's good enough now in addition to what they're asking from us. We think that's excessive under what we're proposing to do with this project. We think we have gone above and beyond what any developer has done in Collier County to try to be neighborhood friendly. We have been willing to lose a sale on a piece of the property to meet the residents' concerns. And let me point out that, as you know, anything over the fifteen-foot requirement is lost sales opportunity to our client. We're giving away thirty-five feet at roughly, conservatively, six dollars a square foot around the perimeter of the property. That's not a small amount of money. We're also building a wall which I -- Blair will tell you prices out at about three hundred thousand dollars for the berm/wall combination. We're willing to do that and we're willing to forego a sale, but we cannot give a bigger buffer berm/wall combination than that. I think a buffer wall within a fifty-foot -- within that fifty-foot area is more than adequate. Staff has already said we're compatible with just a native vegetation buffer. The land development code says we're compatible with just a fifteen-foot buffer. We are doing the best we can to realistically and reasonably resolve the issues of the neighborhood. CHAIRPERSON MAC'KIE: How high is the berm you're proposing? MR. YOVANOVICH: It will be twelve foot in height. It will be six feet of earth and six feet of wall. CHAIRPERSON MAC'KIE: So you will have fifty feet of vegetation. And let me understand, show me where in the vegetation the wall and berm would be. MR. YOVANOVICH: It would be from -- do you see this green area? CHAIRPERSON MAC'KIE: Inside or outside? MR. YOVANOVICH: It would be inside this area (indicating). It will be in the fifty-foot area. And let me point out a couple of things if I might. Page 136 February 23, 1999 CHAIRPERSON MAC'KIE: Let me ask you -- let me get my question answered first. Would the wall and the six feet of berm be on the inside edge of the fifty feet or the outside edge of the fifty feet? MR. YOVANOVICH: Actually, by the time you slope it, it will be probably roughly in the middle. CHAIRPERSON MAC'KIE: I see. I see, because of the slope. MR. YOVANOVICH: Right. COMMISSIONER CONSTANTINE: Let me ask a real quick question. And I know, Rich, you want to get a point, but on that same line, isn't the slope -- and I may be mistaken on this -- but isn't the slope generally related to the height of the berm itself, not a combination of the berm and fence? And if that's the case, we're only dealing with three or four times the -- I guess it's four times in this case the width, which is six feet, not at twelve feet. So that's twenty-four rather than forty-eight. When you say gosh, another fifty feet. MR. FOLEY: For the record, Blair Foley. You have to go a certain amount up the apex of the berm and then back down, because berm must remain on the given property. COMMISSIONER CONSTANTINE: And it's four-to-one in this case; is that correct? MR. FOLEY: That's correct. That's land development code standards. I also just want to throw real quick in there that any berm and wall must be, of course, run through the permitting agencies as far as impacts go and water management issues. But we think we can make it work on the broken scenario here to keep the preserve area intact and work the berm and landscape feature around that and still keep the environmentalists happy and get the water where it needs to go as far as stormwater management. MR. YOVANOVICH: And if I can make a couple of other points -- CHAIRPERSON MAC'KIE: Okay. MR. YOVANOVICH: -- on the compatibility and the view issue. This building right here is built thirty-two feet from the property line (indicating). There is one window to a bedroom on the first floor and one window to a bedroom on the second floor of that building. That is the view that -- of the property over here. The rest of it on this building is oriented straight across this preserve. CHAIRPERSON MAC'KIE: And, Rich, what would the -- how does the height of that building compare to the height of the berm and wall you're proposing? MR. YOVANOVICH: Well, with the landscaping, the landscaping would be enough to block the view so you basically don't see the building. Now, obviously, twelve feet is twelve feet. It's a two-story building here (indicating). We have agreed to limit ourselves to thirty-five foot high buildings on the C-4 use, which could go to one hundred, but we're down to -- we're down to thirty-five, which is basically a C-2 height limitation. Further, what happened is the prior developer of this property, not Mr. Yuter, developed this as a horseshoe around a preserve. The closest building to the property line in this horseshoe, which has got the most view which is straight over the preserve, is at least four hundred feet from the property line plus whatever this is, and there's some wetlands issues here so it may be even more. Who knows what that actual buffer will be. Page 137 February 23, 1999 But the view issue with the wall and the berm, I just don't see the issue, quite candidly. I don't think we're harming that view whatsoever since you're going to be looking through a preserve area there. And we're being asked and we have agreed to basically rectify the sins of the previous developer because he oriented the property to look at our property. This has been in an activity center for awhile. I don't know what he told these people would be on this property, but we didn't tell these people anything was going to be on that property. We want to work with them. We have agreed to additional buffers so we can be good neighbors. I hope that consideration will be given by the Board on that issue and that we can have a reasonable solution to this -- to this issue so that our zoning can go through, we can provide reasonable, and to the maximum extent possible, buffering between the two properties and we have limited the uses to further assure compatibility. We have done that in good faith. We made that offer today. We left it on the table. We are not trying to punish them because they wouldn't come to the table with us. We have left it on the table. We would like them and we would like the Board to just listen to what we have to say. COMMISSIONER CONSTANTINE: One other question, Rich, and then I've got some comments on your things. I do appreciate the fact I know you met with them. I met with them. And everybody's tried anyway even if we're not all in agreement now. On the -- what's the right side but actually the south side of the property, that shows as fifteen feet. I think in your conversation you indicated you would be willing to make that be wider. I know that's a concern because they actually have a park area back there. MR. YOVANOVICH: We have agreed to go fifty feet. CHAIRPERSON MAC'KIE: Five-o. MR. YOVANOVICH: And extend the berm wall fifty feet, five-o. So we would do the fifty feet all the way around except for the preserve area. COMMISSIONER CONSTANTINE: Just by way of comment, I tend to agree with you. I think it's probably unnecessary in that preserve area, because there is so much depth to that wood. But on the other when you made the comments about the preserve -- no, where the big -- the four hundred foot, because I agree with what you said there. On either side, I think the reason that they would like the addition to the fifty feet is, you know, you look from here to the back of the room is probably fifty feet. And so when you put it in perspective, you know, if you can see through -- it is a fairly thin strand of trees. It's attractive, but you can see what would be going on on the other side. And I think there is just genuine concern that is there going to be truck traffic? Is somebody's dumpster -- what's there? So I understand their concern and the desire for a berm there as well, because fifty feet just isn't that far. But on virtually every other issue, I appreciate the fact that you-all have met with them because I think adding that fifty -- adding on to the fifteen that's suggested from the county level and adding on to the back and making that C-2, you have been cooperative. I just want to make sure you get appropriate credit for that. MR. YOVANOVICH: And, Commissioner, again, that's why we want to add the landscaping to the berm, to further shield -- I mean, any Page 138 February 23, 1999 landscaping we put out there is going to be better than those spindly trees. So it's going to enhance the buffer. CHAIRPERSON MAC'KIE: And I guess I have to question whether or not there was -- it was reasonable to expect that you won't be able to see it, smell it or hear it when you're abutting an activity center parcel. If this were residentially zoned and in the comp. plan as residential, then I would understand that you guys don't expect to see anything here. But this is in the activity center and that probably affected your property values when you purchased. So I am not sure if invisible is a fair standard. MR. YOVANOVICH: And I -- I would be remiss to say that another bone of contention was traffic. And they didn't want all of the traffic off of Davis Boulevard and requested that we go ahead and build a driveway down Santa Barbara to basically focus the traffic into the site off of Santa Barbara, and we are willing to do that as well. So we're looking at providing every -- we tried to address every issue they had regarding traffic. And we have agreed that there can't be a loop road, that there will only be driveway interconnects between the two parcels. So we have taken care of, I believe, every issue they have raised in a reasonable way. MR. FOLEY: Just to add to that. Again, Blair Foley for the record. That will be a temporary roadway. In fact, we don't have a final design on the extension and we will do everything we can to make it operable. But we anticipate a two-lane road, twenty-four foot in width, sufficient access point for traffic. However, it will not be a boulevard. I want to make that point clear at this time. It's a temporary roadway. CHAIRPERSON MAC'KIE: Okay. Mr. Norris. COMMISSIONER NORRIS: I have a question for Rich. CHAIRPERSON MAC'KIE: Richard. MR. YOVANOVICH: Sorry. COMMISSIONER NORRIS: One of the things that we were talking about before with the residents was from the west property line on the front parcel, the C-4 parcel, what are our setbacks? MR. YOVANOVICH: Another good point. COMMISSIONER NORRIS: We haven't talked about that. MR. YOVANOVICH: We have not. We have agreed to a building setback of one hundred twenty-five feet, which is, I believe, quite a significant distance from what the code requires to further -- COMMISSIONER NORRIS: Which is what? MR. YOVANOVICH: A hundred twenty-five feet? COMMISSIONER NORRIS: No, no. What does the code require? MS. MURRAY: Any parcel abutting a residential would be twenty-five feet. COMMISSIONER NORRIS: Twenty-five feet. So it's a hundred feet more than the code requires; is that what you're saying? MR. YOVANOVICH: I'm sorry? COMMISSIONER NORRIS: A hundred feet more than required by code? MR. YOVANOVICH: Yes. And that would be from the property line. It's essentially a hundred and fiftyzeight feet or a hundred fifty-seven feet from the building on their property. So we're a hundred and -- COMMISSIONER NORRIS: Oh, I see what you're saying. Page 13 9 February 23, 1999 CHAIRPERSON MAC'KIE: From a view perspective, how are they going to be able to see that anyway? COMMISSIONER NORRIS: Second floor could. CHAIRPERSON MAC'KIE: Second floor could conceivably see something. MR. YOVANOVICH: And that's also -- that's a bedroom window. That is not the lanai. The lanai is right here. This is a bedroom window and -- COMMISSIONER CONSTANTINE: No, I think that's a giant step and, again, you guys, with the exception of the one instance, you have been very cooperative on working with them on everything. The only -- the only issue is, you know, if you're this close and there's traffic or eighteen wheelers loading in or whatever, I understand that's a concern. And that's I think where the berm idea is coming from, to at least have that if you're on ground level, how we deal with that. That seems to be, and maybe I am mistaken, but from my discussions with the homeowners, that seems to be the only -- the only issue that's left. It looks like you have addressed each of the other ones, because how far away the building was was one. Having the buffer on the back was one. Having access was one. So it appears that is really the only issue we still have that everybody's not in agreement on. MR. FOLEY: If I may add to your concern, Commissioner Constantine. As you know it's a four-to-one slope requirement as you add to that buffer. I mean, you start with fifteen. We're up to fifty. We're talking about a tremendous amount of material to be moved in there. And what do you achieve? For every four feet, you achieve one more foot of blocked view, if you will. And as you go into their property -- into our proposed property, it's four feet, it's eight feet, eight feet. The whole strip of the property, you're talking about a tremendous use potentially. CHAIRPERSON MAC'KIE: Eight feet of width gets you two feet of blocked view? MR. FOLEY: That's correct. That's correct. I think it's time 'we need to recognize at least that impact on the property owner and what future revenue it may generate versus what alternative it is. I mean, is two feet worth, at six dollars a foot, X amount of square feet? CHAIRPERSON MAC'KIE: And we're only talking one bedroom window. I mean, that's important to the person whose bedroom window it is. Okay. Well, we will hear from public speakers. It looks like it's time to go to public speakers. MR. FOLEY: Could we have an opportunity to rebut, please? CHAIRPERSON MAC'KIE: Well, I'm sure we're going to have questions for you before it's over. MR. FERNANDEZ: The first two speakers, Madam Chairwoman, are Ron Yuter, Ronald Yuter and John Rafuse. MR. YUTER: Madam Chairwoman -- CHAIRPERSON MAC'KIE: Yes. MR. YUTER: -- Commissioners, my name is Ron Yuter. I am the president of the Falling Waters Association and I am also a resident of Falling Waters. First of all, I would like to -- it's honestly and truly -- it's kind of unusual, thank the petitioner. He has been unbelievably Page 140 February 23, 1999 cooperative. We have basically mitigated almost I would tell you ninety-nine percent of the issues. But it always seems like that last one percent of the issues that we can't get everybody at the same table at the exact same time. The only -- there's two issues that I would like to bring up, because it's getting late in the day and I don't think you need to hear a summary of all the things that just took place. We are requesting that the petitioner -- excuse me, going over here -- place -- place the wall at phase one, when he constructs the C-4 area, that that wall goes in simultaneously with the development. I think that's an important issue that wasn't mentioned prior to that. And the other issue and the main issue, okay. We can go back and forth and I can take a lot of your time and tell you there's one bedroom here, but there's another building that's being built over here, and all the units over here are really looking over that. And that's my opinion versus their opinion and that's the real crux of the whole issue. We are proposing something on a compromise basis. I would tell you, and I want to thank all of the residents of Falling Waters for taking the time to stay here today. They came off of the first initial blush that we were going to have a hundred-foot clear buffer and we're going to have a fifty-foot high wall, and we're going to have this and that. We all came down to a very realistic, very fine compromise. And I think there's a lot of different ways of resolving issues. We would like, and we're staying very firm on our position, and hopefully you will support our position, that we would like to have natural vegetation of fifty feet. There's lots of ways of mitigating slopes. You can put retaining walls in as a function of dollars and cents. And I am not undermining that position. But when you walk that area, it is very, very thin. Was my predecessor putting the buildings too close to it? Well, we can't change that, okay? They are there, okay? There is a noise factor. There is a smell factor. CHAIRPERSON MAC'KIE: Can I ask you a question, though? MR. YUTER: Surely. CHAIRPERSON MAC'KIE: Didn't -- haven't they already agreed that they would put the berm and the wall in? MR. YUTER: They have. Okay. We're having only one issue, okay? The main issue is, will that berm and wall encroach in the fifty-foot area? We're saying here that we would like for this to be fifty foot all the way around, and then whatever the developer would like to do, we would like to have a twelve-foot high earth berm and wall. If you have to go ahead and put retaining walls on each side of it, that's their problem. And I don't mean to be rude about it. I am just trying to simplify the situation. CHAIRPERSON MAC'KIE: So you want the -- MR. YUTER: We want to clear undisturbed -- CHAIRPERSON MAC'KIE: Fifty-foot. MR. YUTER: -- fifty foot of undisturbed. By the way, the one issue that hasn't been brought up, okay, as you can see, this is a preserve area that the previous developer lived by and committed himself. There will be other preserve area probably that they will to have address whether they can mitigate it or not at a later date. Page 141 February 23, 1999 We're proposed to go ahead and work with them on that issue. So we're not bringing that up as any issue. But we do believe that over in this area, to this point here and to this point here (indicating), we would like for the Commission to seriously support us in the fifty-foot. That's the only issue. What we're really talking about is fifteen foot worth of distance that they need for additional sloping. CHAIRPERSON MAC'KIE: No, it's not.' MR. YUTER: Yes, it is, because they already have to go ahead and do X amount, okay? They're looking to go ahead and center up on this wall and go this way half on the berm and that way. We're looking for them to start here and go that way (indicating). CHAIRPERSON MAC'KIE: Why? MR. YUTER: The larger -- the greater distance that you have between the resident property and the actual distance of the parking area will mitigate towards sound. It will mitigate all the issues of -- distance solves a lot of things. Will another fifty feet -- fifteen feet help? We believe it will. And that's what we're petitioning you for. CHAIRPERSON MAC'KIE: Okay. I just don't think that that's really what you're -- it sounds good the way you describe it, but as I understand the county's sloping requirements, it can't be done in fifteen feet. MR. YUTER: Oh, yes, it can, okay? I have built many, many -- I have built approximately fifty communities in the State of Florida. CHAIRPERSON MAC'KIE: Okay. Help me understand how. Are you an engineer? MR. YUTER: No, but I'm a builder by the school of hard knocks. CHAIRPERSON MAC'KIE: Okay. MR. YUTER: That you can put retaining walls up, okay. Blair is an engineer, okay. And I don't want to get into semantics, okay. I think it's a personal situation that we would like the Commission to help the residents of Falling Waters have their dream of privacy of residential. They want to go ahead and be -- have the right to develop their property that they bought twenty years ago as a certain zoning, okay? (Timing beeper sounded.) I don't want to take much more of your time because I think you get the point. But they can do it within the fifteen feet. They can -- if they encroach another five feet, it will not undermine their effective use of that property. That is the real issue. Will that additional five, ten, fifteen feet ruin the integrity of their commercial zoning? Thank you. MR. FERNANDEZ: John Rafuse and Chuck Mohlke. MR. RAFUSE: May I? CHAIRPERSON MAC'KIE: Certainly, please do. MR. RAFUSE: I think I might be able to clear some of this up. A picture is worth a thousand words. You-all are in -- actually, you gave away your copy, but let me show you. CHAIRPERSON MAC'KIE: Before you do, tell us who you are for the record, please. COMMISSIONER NORRIS: Yeah, tell us who you are. MR. P~AFUSE: For the record, John Rafuse. COMMISSIONER NORRIS: John, anything you say needs to be on that microphone, okay? Page 142 February 23, 1999 CHAIRPERSON MAC'KIE: Yeah. So don't talk on your way up. If you have something you have to hand to us -- just show it on the visualizer. MR. RAFUSE: It's too big. CHAIRPERSON MAC'KIE: That's okay. Can staff people give him some help there if he needs it? Maybe backing it up some so he can get a bigger picture. MR. FERNANDEZ: Upside down. CHAIRPERSON MAC'KIE: And it would be better if we turned it. Thank you. MR. RAFUSE: Just to point out, there are a lot more than just one unit that you -- this is misleading to see these two buildings over here. You're only seeing the most northerly building and the most southerly building on there. CHAIRPERSON MAC'KIE: Could you tell us what Lake 5-A is? Is that a small lake there? MR. RAFUSE: This lake right here is -- COMMISSIONER CONSTANTINE: Right by Dave's hand. CHAIRPERSON MAC'KIE: Okay. I see. MR. RAFUSE: The lake on the left -- the lake on the left over there. CHAIRPERSON MAC'KIE: So where he's showing us one building -- oh, okay, that's one building. MR. RAFUSE: That's the building that he shows right there. CHAIRPERSON MAC'KIE: I got you. MR. RAFUSE: There's another building coming along here and there's all these homes that come across here. These are the ones he's saying are four hundred feet away -- CHAIRPERSON MAC'KIE: Right. MR. RAFUSE: -- from a view. I just want to point out that there are numerous examples. You have all got photographs in front of you that show around the county how those buffers just don't work when you don't build them correctly. Let me show you. CHAIRPERSON MAC'KIE: Help him zoom in somebody. All right. MR. RAFUSE: See this view right here? CHAIRPERSON MAC'KIE: Uh-huh. MR. RAFUSE: That view is taken from across the ponds. Now, as you can see, right over here where I am looking right there, that's the part in question. If they build a berm and wall combination within the fifty-foot vegetative buffer, all of those trees are history. I promise you they're going to be history, because there's gonna -- there will be -- CHAIRPERSON MAC'KIE: Rich, that's an important point. Are you going to have to take out all of those mature trees in order to get your berm in the fifty-foot? MR. YOVANOVICH: The back? CHAIRPERSON MAC'KIE: Those tall pine trees. MR. RAFUSE: Those would be gone if they were to build the wide buffer they're talking about. All we're asking for -- CHAIRPERSON MAC'KIE: Within the fifty foot? And that's my question. MR. RAFUSE: All we're asking -- this is a difference of ten or twenty feet. It would make everybody happy. Actually, I have the same comment that Ron did. They have been great with working with us. Page 143 February 23, 1999 We have boiled this down to one small issue and that's the width of the natural buffer that's out there. And what we want to avoid is this kind of thing here (indicating). If you see this, this is looking down Santa Barbara, looking south. The left-hand side, behind that, was all clear cut for the purposes of commercial development. What we have on the right is where the natural vegetation is. And if I could quote Commissioner Norris, I'm going to paraphrase, a few minutes ago he said he didn't want this county to turn out like Fort Myers and the east coast. And what I am saying to you is, if we want to stop -- if we want to avoid having this on the corners of our intersections (indicating), we need to provide more of that. And all we're asking for is a little more of that natural vegetation and then put up the berm and the wall. I disagree that the berm and the wall is going to stop the view. I have already demonstrated that with the picture that I first put up there that I showed from back here. This shot here already shows you that a twelve-foot wall from this far back -- and I am standing on the ground when I took this. CHAIRPERSON MAC'KIE: Explain that photo again because I don't understand how that shows me. MR. RAFUSE: This -- this -- this photo right here is taken -- perhaps if someone went up to that -- why don't you lift that up, Ron? Way down -- I will be right back. That photo -~ that photo -~ that photo was taken from over here (indicating). Way down here the buildings go around in this horseshoe shape. And I am standing on the ground over here looking straight across. My point is -- my point is that these trees being as sparse as they are, when you put a berm inside that natural vegetative buffer, it's going to go away, and if -- we're all kidding ourselves if we don't think that standing on the ground -- and I am not even up in the second floor of the lanais, which I need to point out are the front porch of all these buildings. This isn't the back of the house. We are going to be looking out the back door -- do I have this up? CHAIRPERSON MAC'KIE: We need to go back to the visualizer, staff, please. MR. RAFUSE: We're going to have this kind of thing in the back there where we're going to see straight through at the undesirable parts of a development. I guarantee you that what we're going to see through those trees after they're gone is we're going to see -- I understand that the setback of the building is a hundred and fifty-eight feet, but when you have a hundred and fifty-eight feet of air, you're still going to see the building, because if the berm is only up twelve feet and you're up on the second story of all those units around the outside, you're going to see over that berm and you're going to see the effects of the lights, the trucks, the development itself. The presence of the commercial development is going to be there in your face. And all we're asking is just to preserve a little bit more of the natural vegetation. CHAIRPERSON MAC'KIE: It makes me think of something, Rich. If the setback doesn't help them, if we gave you in setback relief what they are asking for in additional berm space, would that help the problem? MR. YOVANOVICH: It's a function of being able to develop the site. Page 144 February 23, 1999 CHAIRPERSON MAC'KIE: But what I am saying is, if you need another forty -- you need another twenty, thirty, forty feet to do -- MR. PJ%FUSE: Only twenty. CHAIRPERSON MAC'KIE: Okay. If you need another twenty feet and we reduce the setback by twenty feet, does that net you to the same place? MR. FOLEY: I have an alternative if I could bring it to the -- CHAIRPERSON MAC'KIE: Well, answer me first. MR. FOLEY: Well, I think any additional land is an undue hardship on our client. Because I think we have gone far beyond what's required according to your staff as well. CHAIRPERSON MAC'KIE: Okay, what's your alternative? MR. FOLEY: The part that goes in the setback, of course. MR. YOVANOVICH: The parking goes in the setback. The building -- so it is used for parking. CHAIRPERSON MAC'KIE: Never mind. MR. FOLEY: I do have a suggestion. I might as well throw it on the table. I don't know if we're getting anywhere with these other issues right now. Mr. Yuter responded regarding a wall, that we could put a wall of X amount of height within the fifteen-foot buffer. We're limited by your own land development code to a six-foot high wall. So regardless of what we could do in fifteen feet, that's really the limit we can do. That's why we had encouraged to do some sort of berming and then put the wall on top. If the trees are a concern, and they are nice, it is a nice view, I would recommend that perhaps we go to a twenty-five foot native buffer and over the balance of the twenty-five feet, which would be the fifty-foot buffer we have on the table, do a smaller berm. We could obtain a three-foot, perhaps, bermed up area and a six-foot wall that would get you like nine feet. And you would have your vegetation and you'd have your wall. That's a combination of both. COMMISSIONER NORRIS: Can we -- COMMISSIONER CONSTANTINE: I had actually sketched out something, because when -- a number of the speakers have said well, it's only ten or fifteen feet. And unfortunately it's not. If you do a berm, there are county requirements for what the slope is there that they don't have any control over. So it becomes wider than all of us would like and common sense might dictate. What I had looked at here is sketching out -- I was thinking if it were ten or fifteen feet as opposed to forty-eight feet, is that something you can work on? Just a yes or no, because I am going somewhere with this. If it infringes another ten or fifteen feet as opposed to -- MR. YOVANOVICH: Ten feet. Ten feet we can live with as long as that's where it starts and it works back. COMMISSIONER CONSTANTINE: And I'm just thinking out loud, so work with me here. But I'm thinking if you've got a four-foot or maybe you go back to a three-foot berm and put your six-foot wall on top of that, then you have got a ten-foot barrier, however -- and it may encroach ten feet, nine feet into -- CHAIRPERSON MAC'KIE: What you currently have is developable. COMMISSIONER CONSTANTINE: No. Well, yes, but I was going to say into the natural preserve, however, we may not have to destroy the trees to do that because that slope is getting lower and lower and Page 145 February 23, 1999 lower as it goes. So we may be able to maintain the trees, have the slope on that side, only go into the commercial property another ten, twelve feet. I don't know what the measurement comes out to there. But something that doesn't take away your parking lot, doesn't take away any trees. The only thing we don't end up with there is it will be about a ten-foot height instead of a twelve-foot height. COMMISSIONER NORRIS: Well, let me piggyback on that and ask why -- why is there any reason why we could not issue a height variance on the wall and let them build a higher wall with a lower berm? MR. WEIGEL: I will look over to the development services people to respond to that specifically. COMMISSIONER NORRIS: I know we couldn't do that today because that's not advertised. COMMISSIONER CONSTANTINE: We're readvertising anyway. MR. WEIGEL: Well, maybe not. COMMISSIONER NORRIS: But we could come back with a variance proposal, too. MS. MURRAY: That would have to -- Susan Murray for the record. That would have to come in under a separate petition. COMMISSIONER NORRIS: But there's no reason why we couldn't do that, right? MS. MURRAY: That would be up to you-all to make that decision. But they could certainly apply for one. Certainly. COMMISSIONER NORRIS: But there's no -- there's no reason to make a big high berm. If what we're after is the ultimate height of the wall, why don't we just build the wall and not tear up the trees doing it? MR. YOVANOVICH: Well, I mean, we would be happy to just build a wall and not do the berm on, you know, the fifty-foot mark, but that's not something that was visually pleasing to the residents. COMMISSIONER CONSTANTINE: No, I think the issue there was not only the visual, but your berm tends to absorb pure sound as opposed to a wall will bounce it off. MR. YOVANOVICH: May I add one extra point? CHAIRPERSON MAC'KIE: Let me just -- COMMISSIONER BERRY: I just have a little problem that the Board of County Commissioners is sitting up here designing a project. I don't believe that we ought to be in that business. CHAIRPERSON MAC'KIE: We made that mistake before. COMMISSIONER BERRY: Yeah, I have had the occasion of being down this road before one other time that I recall, and I don't think that's appropriate. I think it's fine to have this public hearing and hear from the residents and all of that kind of concern. But I think at this point in time, we all know what the concern is, and I will ask Mr. Weigel, at this point where can we go and where should we go from here, because I don't think it's appropriate for us to sit here and tell you guys how to do this? If we have got more public speakers, we can certainly hear them, but right now I want some direction from Mr. Weigel. MR. WEIGEL: Well, we searched our memory banks and we don't recall that when there's a straight zoning change advertised that there's been an approval of a different zoning than that which has been advertised, although I have spoken with Mr. Yovanovich. And he informs me that, in fact, this pictorial was used before the CCPC in Page 146 February 23, 1999 which it shows C-2 for purposes of iljustration, not for purposes of rezoning. And so that's not bad. It's actually good in the sense that at least the CCPC has seen that they were attempting to show that although they were generally petitioning for C-4 zoning overall, that they were looking for limited uses, i.e., C-2 type limitations of that which would otherwise be zoned C-4 up there. So I am willing to roll the dice a bit, but not too far. And Mr. Yovanovich has indicated in speaking with his client petitioner that if the Board were to go forward today and do a rezone C-4 and C-2, C-2 being -- call it a lesser included uses of the C-4 generally, the petitioner will indemnify the county should there be a challenge in that regard. CHAIRPERSON MAC'KIE: That's great. MR. WEIGEL: But they need to put it on the record. MR. YOVANOVICH: We will -- we will -- we will fight the fight. CHAIRPERSON MAC'KIE: So how about Commissioner Constantine's proposal where each side it appears would be giving a little? MR. YOVANOVICH: Let me -- and just to give a little more assurance, there's already a berm out there and it's on their property. It's twelve feet in height, so you're going to have a double berm. MR. RAFUSE: No, that's incorrect. That's not -- CHAIRPERSON MAC'KIE: Doesn't matter. MR. YOVANOVICH: That's already a berm. CHAIRPERSON MAC'KIE: Doesn't matter. COMMISSIONER BERRY: Doesn't matter what it is. There's a berm. CHAIRPERSON MAC'KIE: Doesn't matter. What do you think about Commissioner Constantine's proposal? MR. YOVANOVICH: It if starts at ten feet, we could -- Blair just told me what we could do is we could go ahead and go with landscaping instead of a wall and make it twenty feet high. COMMISSIONER CONSTANTINE: Do you put -- or something -- MR. YOVANOVICH: Yeah, twenty feet high or thirty feet, whatever. MR. FOLEY: If we would commit to an eighty percent opacity over a year at twenty feet high on top of a small berm which might -- forget about the wall all together and have some real thick vegetation in there. It's done all the time. Audubon is a good example of it along Vanderbilt Drive. Nobody can see what's in there. CHAIRPERSON MAC'KIE: That's true. MR. FOLEY: There are a lot of good things we can do. VOICE FROM THE AUDIENCE: (Inaudible.) CHAIRPERSON MAC'KIE: Maybe you can tell somebody else what needs to be said. VOICE FROM THE AUDIENCE: (Inaudible.) CHAIRPERSON MAC'KIE: No, sir, excuse me. MR. YOVANOVICH: We're not talking about not putting nice landscaping in there to replace those trees. I mean, there will be -- CHAIRPERSON MAC'KIE: Well, I hate to lose the trees. MR. YOVANOVICH: We didn't want to take the trees down in the first place. CHAIRPERSON MAC'KIE: I hate to lose those trees. Page 147 February 23, 1999 COMMISSIONER CARTER: Can't we start on the basis of keeping the treeline and work out some amenable arrangement to develop a berm wall, ficus hedge, you name it. I'm with Commissioner Berry. I'm not in the design business. And can that piece be brought back and resolved? But the condition is that you protect as much of the natural environment as you can as you start the process. CHAIRPERSON MAC'KIE: And I think he's just made his position known. And let's hear from the rest of the public speakers who have waited as long as they have today. MR. RAFUSE: I would just like to say I support working with them on the proposal you just made to try and find a solution that would save the majority of the vegetation, give us a natural buffer and do some kind of a landscape. That's all we're looking to do. CHAIRPERSON MAC'KIE: Appreciate that. Could you call the next public speakers? MR. FERNANDEZ: Chuck Mohlke and then Ed Abele. MR. MOHLKE: I have no comment. CHAIRPERSON MAC'KIE: Mr. Mohlke has no comment. Thank you. The next speaker, Mr. Abele. MR. FERNANDEZ: Ed Abele and then Chris Abele. MR. ED ABELE: For the record, my name is Ed Abele. I am from Clifton Park, New York. I would -- basically, my comments are brief. I think Rich and Blair have articulated our position very well. You have a very attractive community. I can see by the length of your agenda a lot of people want to be here and we do, too. We are very pleased with the staff recommendation. It was basically a culmination and confirmation of our beliefs, so we basically ditto that. And we think the use is very appropriate and very consistent with the development patterns. We would also like to say that we have made a real concerted effort to understand the concerns of Falling Waters, and we -- I turn back -- I would like to think that it was a very friendly relationship and very open and, you know, I would venture to say that, you know, they're going to be our friends. While we may not agree on everything, I think we agree overwhelmingly on most things. I would just like to say that when we came in here, we know it's a lot. easier to get along than not get along. And we relied on our local consultants to really understand what your local convention is. And in that spirit, we have really done our darnedest to try to compromise. One of the things that I would like to say is that we were here since 1964, and twenty years is a long time, but thirty-four years is a longer time. And I just think that's worth mentioning. We held onto this for a long time. We have a lot of confidence in this community as well. The other thing is, I would just like to say that while Falling Waters may not have gotten one hundred percent of what they like, I would think that they got ninety percent of what they like. And the representatives as well as being friendly have been very professional and we appreciate that input. The only other thing I would say is that when you do understand and determine what impacts and considerations there will be, please keep in mind that it's not unilateral, that there is another side of the equation and we are it. And I would just ask you to be fair in that consideration. And just say that when we made the concession on Page 148 February 23, 1999 the restaurant, we really walked away from a million dollars. That's a lot of money and that's something I think is just worth reiterating because it is a lot of money. And a separate development, who is interested in developing the Walgreens, had contracted for the full five acres, and because we are essentially watering down the use, they are no longer interested in that. So that was a tough decision, but it's something that we're comfortable in doing and it's worth reiterating because it's a very, very big dollar amount. And other than that I would just like to thank the board. And if there are any, you know, questions for us later, we're more than willing to cooperate. Thank you. CHAIRPERSON MAC'KIE: Thank you. MR. FERNANDEZ: Final speaker is Chris Abele. MR. CHRIS ABELE: Good afternoon, and I'm Ed's older brother although I look younger. My name is Chris Abele. And in talking with John, and I think in -- and along the line of Mr. Constantine, I think we might have something worked out and I would like to describe it. If we took the buffer and it was sixty foot wide and we started, you know, from that point and worked back towards Falling Waters, and we gave a three-foot high earthen berm with a six-foot high masonry wall, and along with that, put matUre dense plantings, you know, to the size of, say, you know, ten to twelve foot species, so on top of a three-foot berm, you know, would be fifteen to eighteen feet, something like that, you know, with the county requirements for the sloping, we would basically start from the sixty feet and it would be a twenty-two foot -- we would try to, you know, for lack of a better word, cheat the sloping to preserve as much of the natural buffer as, you know -- maintain as much of the natural buffer as we could. I think, you know, we would be happy with that and, you know, I get the feeling, you know, Falling Waters' people would be. And I think from a very practical and, you know, I do come from a landscape background, although it's about twelve hundred miles north. I think it would be -- it would be two years from now or a year from now or ten years from now, I think the decision made today would be looked upon favorably. CHAIRPERSON MAC'KIE: Wonderful. How wonderful that you were able to work that out. (Audience applause.) CHAIRPERSON MAC'KIE: Okay. Are there any other registered speakers? Close the public hearing. Do we have a motion? COMMISSIONER CONSTANTINE: I will attempt to craft a motion consistent with what we just said there. First of all that we're going to split the front five acres and the back fifteen into C-4 and C-2. It will actually be C-2 uses, however, we do intend to bring that back in, whatever the minimum advertisement requirement is. CHAIRPERSON MAC'KIE: Mr. Weigel says we can do it today. COMMISSIONER CONSTANTINE: Let me start all over then. The C-4, C-2 split, and the petitioner will indemnify the county for any action that may be forthcoming on that, I believe is what Mr. Weigel had said before. That a fifty-foot -- I'm sorry, sixty-foot now buffer will appear on the west side and a fifty-foot, or are we doing that all the way around on the back side? Okay. So it will be a Page 149 February 23, 1999 sixty-foot on both the west and the south sides of the properties. We're looking at a three-foot berm along the edge of that all the way, actually, I am assuming not that middle section, but all the way in the affected areas. CHAIRPERSON MAC'KIE: Excluding the preserve section. COMMISSIONER CONSTANTINE: Correct. And on that have a six-foot wall. In addition to the six-foot wall then we will have plantings in the ten- to twelve-foot variety. Blair had mentioned before we're looking at something with an eighty percent opacity by the end of the first year; is that correct? One year of growth. And the one other issue I think we had talked about was the hundred and twenty-five foot building setback as well from the property line. COMMISSIONER NORRIS: Was there anything else? CHAIRPERSON MAC'KIE: Staff, did we miss anything? COMMISSIONER CONSTANTINE: Only what's already included in the report, and that's the access issues and so on, but that's already all included. MR. YOVANOVICH: The one twenty-five to my understanding is only on the C-4. COMMISSIONER CONSTANTINE: Correct. Thank you for that clarification. COMMISSIONER NORRIS: And that incorporates the transportation improvements that they talked about in their presentation. COMMISSIONER CONSTANTINE: Correct. CHAIRPERSON MAC'KIE: Is there a second for the motion? COMMISSIONER NORRIS: I'll second it. CHAIRPERSON MAC'KIE: Just a second to think about it. Do we have everything there? COMMISSIONER NORRIS: Did we miss anything? Is that everything? MR. RAFUSE: The hours of operation. CHAIRPERSON MAC'KIE: That's in there, right? MR. YOVANOVICH: No, we didn't -- we have not agreed to limit our hours of operation. We agreed to give up the fast food. CHAIRPERSON MAC'KIE: Let's don't keep going, guys. We have a motion and a second on the floor. COMMISSIONER CONSTANTINE: If I need a prescription at two a.m., then we'll -- CHAIRPERSON MAC'KIE: (Aye.) CHAIRPERSON MAC'KIE: (No response.) CHAIRPERSON MAC'KIE: Ail in favor, please say aye. Opposed? Motion passes unanimously. Good job. COMMISSIONER CONSTANTINE: Let me say one thing and with all sincerity -- with all sincerity, this is a rare case. Usually we have either someone developing property mad at the homeowners or homeowners mad at -- very rarely do you get two rational, reasonable groups, so I appreciate that. VOICE FROM THE AUDIENCE: (Inaudible.) COMMISSIONER CARTER: Madam Chairman, the only other comment I would have is in the spirit of all that you have done, that you have developed this property that the theme that you will carry through will be compatible with Falling Waters so that you have a real uniform Page 150 February 23, 1999 look in this community where everybody is very, very proud to be either in the commercial area or the Falling Waters area. MR. RAFUSE: Thank you very much. Item #12C7 RESOLUTION 99-155 ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSSMENTS LEVIED ON ELEVEN LOTS LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY EAST FROM SANTA BARBARA BOULEVARD TO 53~ STREET SOUTHWEST LOCATED IN THE UNINCORPORATED AREA OF THE COUNTY - ADOPTED CHAIRPERSON MAC'KIE: If you guys could be quiet while you're exiting, we're going to go on to the next item, which is 12-C-7, which is a resolution for non-ad valorem assessment methodology. Are you the staff on this, Mr. Nino? Who is the staff on this, Mr. Fernandez, 12-C-77 COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: continued. COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: absolutely right. COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: What are you doing? Well, am I -- all those others were You're absolutely right. What are you doing? You're doing what's Wait a minute. What about 12-B-47 12-B-4 is continued from -- that's right, it was continued today as well. So we are to 12-C-7. COMMISSIONER CONSTANTINE: This is the -- the Golden Gate Parkway where the folks decided to create the little taxing district for themselves so they can put utilities in. COMMISSIONER BERRY: You got it. COMMISSIONER CONSTANTINE: If that's what this is, I will move approval. And you need to close the public hearing as well. CHAIRPERSON MAC'KIE: Any there any registered speakers? MR. FERNANDEZ: None. CHAIRPERSON MAC'KIE: We will close the public hearing. COMMISSIONER CONSTANTINE: Move approval. COMMISSIONER NORRIS: Second. CHAIRPERSON MAC'KIE: All in favor, please say aye. (Aye.) CHAIRPERSON MAC'KIE: Opposed? (No response.) CHAIRPERSON MAC'KIE: Motion passes five, zip without any staff. We did it on our own. Page 151 12B-7 FEB 2:3 1999 RESOLUTION NO. 99-155 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED ON ELEVEN LOTS LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY EAST FROM SANTA BARBARA BOULEVARD TO 53~'° STREET SOUTHWEST LOCATED IN THE UNINCORPORATED AREA OF THE COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, on behalf of itself or a successor created by home rule or under general law (the "Board"), is contemplating the imposition of special capital improvement assessments for the provision of neighborhood improvements and services including construction of a water line and related water facilities plus a sewer line and related wastewater facilities needed to facilitate the availability of water and wastewater service from Florida Cities Water Company to service (11) lots on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53rd Street Southwest; and WHEREAS, the Board intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing construction of a water line and related water facilities plus a sewer line and related wastewater facilities needed to facilitate the availability of water and wastewater service from Florida Cities Water Company to service (11) lots on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53rd Street, Southwest; and WHEREAS, the Board held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Commencing with the Fiscal Year beginning October 1, 1999 and with the tax statement mailed for such Fiscal Year, the county intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing construction of a water line and related water facilities plus a sewer line and related wastewater facilities needed to facilitate the availability of water and wastewater service from Florida Cities Water Company to service (11) lots on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53"~ Page I of :5 FEB 2 ~ 1999 Street, Southwest. Such non-ad valorem assessments shall be levied within the unincorporated areas of the County. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The County hereby determines that the levy of the assessments is needed to fund the cost of construction of a water line and related water facilities plus a sewer line and related wastewater facilities to service (11) lots on the south side of Golden Gate Parkway east from Santa Barbara Boulevard to 53rd Street, Southwest located within such unincorporated areas of the County. 3. Pursuant to Section 197.3632, Florida Statutes, the Collier County Tax Collector and the Collier County Property Appraiser have agreed that the board may. have until March 1, 1999 to adopt this Resolution; such agreement being attached hereto as Exhibit C and incorporated herein by reference. 4. Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Collier County Tax Collector, and the Collier County Property Appraiser by March 10 1999. 5. This Resolution shall be effective upon adoption. There is a need for the levy of non-ad valorem special assessments to reimburse the County for its costs to construct a water line and related water facilities plus a wastewater line and related wastewater facilities to facilitate the availability of water service and wastewater service from Florida Cities Water Company to the subject eleven (11) lots, all of which are on the south side of Golden Gate Parkway between Santa Barbara Boulevard and 53rd Street, Southwest. 6. This Resolution shall be effective upon adoption. _ _,.Duly adopted this~J day of February, 1999, after motion, second and majority vote. DWIGHt'. B~OCK;~ CLERK A~pve0,~X~Q, fora and. legal sufficiency: ." ~avidC. Weigel County Attorney ~:~lmi~lg~/Ool~ O~ MSBH ~t R~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 2 of 5 FEB 2 3 1999 EXHIBIT "B" Golden Gate City Unit 7, Block 230, Lots 1 through 11, in Section 28 South, Township 49 South, Range 26 East, as recorded in Plat Book 5, Page 140 of the Public Records of Collier County, Florida. Page 3 of 5 FEB 2 3 1999 Re: AGREEMENT Non-Ad Valorem Special Assessments for Improvements and Services To Eleven Lots on the South Side of Golden Gate Parkway East from Santa Barbara Boulevard to 53~ Street Southwest Located Within the Unincorporated Area of Collier County COMES NOW, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on behalf of itself or a successor created by home rule or under general law (the "County"), and the COLLIER COUNTY TAX COLLECTOR, and hereby agree (1) the County may have until March 1, 1999 to adopt a resolution of intent to use the uniform method to collect non-ad valorem assessments as provided by Section 197.3632, Florida Statutes; and (2) the parties will comply with the statutory requirements associated with the County's use of the uniform method to collect non-ad valorem assessments, with the County being responsible for the actual administrative and collection costs associated therewith, all as provided in Section 197.3632, Florida Statutes. Executed this_~.,.~r~- day of February, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY TAX COLLECTOR Page 4 of 5 FEB 2 3 1999 Re: AGREEMENT Non-Ad Valorem Special Assessments for Improvements and Services To Eleven Lots on the South Side of Golden Gate Parkway East from Santa Barbara Boulevard to 53ra Street Southwest Located Within the Unincorporated Area of Collier County COMES NOW, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on behalf of itself or a successor created by home rule or under general law (the "County"), and the COLLIER COUNTY PROPERTY APPRAISER, and hereby.agree (1) the County may have until March 1, 1999 to adopt a resolution of intent to use the uniform method to collect non-ad valorem assessments as provided by Section 197.3632, Florida Statutes; and (2) the parties will comply with the statutory requirements associated with the County's use of the uniform method to collect non-ad valorem assessments, with the County being responsible for the actual administrative and collection costs associated therewith, all as provided in Section 197.3632, Florida Statutes. Executed thi~V~ day of February, 1999. 'D~W~_GH;F I~.~BROCK, CLERK Approve~ amto'fo~ and legal sufficieficy:. ~. A CounW Attomgy BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:p~~ COLLIER COUNTY PROPERTY APPRAISER ABE SKINNER Page $ of 5 NapLes, FL Afftclevtt Of NapLes DalLy Nevi BQARD OF CO~#TY CO#H]~;$!ONERS A71~4: TOflYA P#]LLIPS PO BOX &13016 IMPLES FL REFEIENCE: 001230 S783073S N,:'~I¢! OF iNTENT TO County of CoLLter ]n ~LL?er C~ty, FLorida: thlt t~ IttlChfl A~ftent further ~yl t.h~t the ll~d H~LII N~i Jt i nev~r pubL~:~h~ It N~te8, ~n iI~d CoLlier C~t~, FLorida. lot e ~rt~ of I ~r n.xl ~reo~ the ~re~ ~cetlon of d~sc~t, re~t~, coNt~ or refu~ ~or the ~r~e of 8ecurtng thSs ~dverttte~nt for PUBLIS#Et Off: 01/~90~/t~:~ 02/12 0Z/19 19 ~ePeo~LLy knobby Be TO US~. UNIF:I~M MTHOD OF ,. C.O~. ling, fill FEB 2 1999 February 23, 1999 Item #13A1 RESOLUTION 99-156 PETITION V-98-24, MARGARET PERRY, AICP, REQUESTING GIRARDIN, BALDWIN AND ASSOCIATES, LLP, REQUESTING A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT REAR YARD TO 0 FEET FOR CARPORTS FOR AN OFFICE BUILDING LOCATED AT 5147 CASTELLO DRIVE IN NORTH NAPLES - ADOPTED 13-A-l, is that where we are now? Have I got that? COMMISSIONER BERRY: You have to swear on this one. CHAIRPERSON MAC'KIE: Will everyone who would like to be heard on this item, please stand and raise your right hand and be sworn by the court reporter. (Witnesses were sworn.) MR. NINO: For the record, my name is Ron Nino of the current planning section. CHAIRPERSON MAC'KIE: Just in case anybody has any disclosure, I have some brief correspondence from the property owner. COMMISSIONER NORRIS: Not me. COMMISSIONER BERRY: I had some correspondence as well from the property owner. COMMISSIONER CARTER: As do I. CHAIRPERSON MAC'KIE: Thank you, Mr. Nino. MR. NINO: The petition before you seeks a variance from the fifteen-foot requirement to zero feet to facilitate the construction of carports. CHAIRPERSON MAC'KIE: How could this not be on the summary agenda? COMMISSIONER BERRY: It's that carport issue again. Remember we had -- MR. NINO: Because staff recommended a denial. It was constrained for land-related hardship, but you approved it. CHAIRPERSON MAC'KIE: Sort of a technical. COMMISSIONER CONSTANTINE: I would like to hear it. MR. NINO: You have approved these in the past, I might add. There are no objections to this petition. Planning Commission unanimously recommended approval. CHAIRPERSON MAC'KIE: Do we have -- are there questions for staff on this item? What about public speakers? Any registered -- Miss Perry, I presume if there's nothing you have to get on the record -- MS. PERRY: No, there's nothing I have to get on the record. I'm sorry. Margaret Perry from Wilson Miller representing Girardin, Baldwin and Associates. And I know you have had a long day. I have a speech prepared, but not necessary. I am happy to say nothing. COMMISSIONER CONSTANTINE: We're happy to have you say nothing. CHAIRPERSON MAC'KIE: Is there a motion? COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER CARTER: CHAIRPERSON MAC'KIE: We will close the public hearing then. I will make a motion for approval. Second anybody? Second. Motion and a second. Ail in flavor, please say aye. Page 152 February 23, 1999 (Aye.) CHAIRPERSON MAC'KIE: (No response.) COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: And opposed? May I -- Passes unanimously. I just have a comment. It seems like we are seeing -- starting to see a little proliferation on the carport issues on existing properties. How can we address this, Mr. Nino, in the future? Does this have to come under LDC or -- I'm not quite sure how we can deal with this. CHAIRPERSON MAC'KIE: Keep from having all these variances. COMMISSIONER BERRY: Yes. MR. NINO: Yes, we intend to take that up as an LDC amendment issue. COMMISSIONER BERRY: Wonderful. Because a lot of older, existing condos -- we've had some from Palm River and other areas. So I think you're going to start seeing more of this as people are interested in covered parking, but they're going to have to come in and get a variance for this. We need to do something that's either going to say yeah or nay and then give a little better direction perhaps. And I am sure staff will figure out how we should handle it. Thank you. Page 153 2:3 1999 RESOLUTION NO. 99- 156 RELATING TO PETITION NUMBER V-98-24, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and . WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 15-foot variance from the required rear yard setback of 15 feet to -0- feet as shown on the attached plot plan, Exhibit "B", in a C-1 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-24 filed by Margaret Perry, AICP, of Wilson, Miller, Barton & Peak, Inc., representing Girardin, property hereinafter described as: Baldwin and Associates, L.L.P., with respect to the Exhibit "A" be and the same hereby is approved for a 15 foot variance from the required rear yard setback of 15 feet to -0- feet as shown on the attached plot plan, Exhibit "B", of the C-1 Zoning District wherein said property is located, subject to the following conditions: This variance is only for the carports as shown on the plot plan (Exhibit "B') -1- BE IT RESOLVED that this Resolution relating to Petition Number V-98-24 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~')r~p dayof ~~6,0rv ,1999. ATTEST: DWIGHT I~.~ BROCK, Clerk ~9 ~ :~; .: ;~ . .. ~ .~, '"'" aS'( ' .... '$ ...,~p~'ab'f61~brr~. ~d Legal'Sufficiency: ' :'08 r, ~t{t.¥':~ ~ : ~: ~.., ~ M~ofi~.~tudent ' Assist~t Co~ A~omey f/V-98-24 RESOLUTION Pamela S. MaclCie, Ciai~om~m -2- FEB 2 ~ 1999 LEGAL DESCRIPTION Lots 2 and 3, Block "C", Sormnto Gardens, Unit 1, as recorded in Plat Book 3 page 71 of the Collier County public Records. EXHIBIT "A" FEB 2 3 1999 E~$~NG CObol:RED PARKING g SPACES qr. EXIS~NG CC)~RIrD PARKING 0 SPACES 12 SPA~S CASTELLO DRIVE EXHIBIT "B" February 23, 1999 Item #13A2 RESOLUTION 99-157 PETITION V-98-25, TODD NICUSANTI, NICUSANTI BUILDING CORPORATION, REPRESENTING CURT A. SAHLSTEN, REQUESTING AN AFTER-THE- FACT VARIANCE OF 5 FEET FROM THE REQUIRED FRONT YARD SETBACK OF 30 FEET TO 25 FEET FOR PROPERTY LOCATED AT 273 JOHNNYCAKE DRIVE CHAIRPERSON MAC'KIE: Okay. Item 13-A-2 is a petition for a variance. Will all persons wanting to be heard on this matter please stand, raise your right hand and be sworn by the court reporter. COMMISSIONER BERRY: Excuse me, Madam Chairman, on this particular item, I have to abstain from voting. I do have a conflict of interest. And now you know who I am. CHAIRPERSON MAC'KIE: And I think -- I wanted to try to get this right this year. I think the statute requires that you disclose the nature of the conflict. COMMISSIONER BERRY: Oh, I will be happy to. This particular petition, the stated petition here happens to be right next door to my son's house. CHAIRPERSON MAC'KIE: Yeah. So I just thought it would be good. COMMISSIONER BERRY: My son and daughter-in-law and most important my grandchildren. CHAIRPERSON MAC'KIE: Now we're talking. So the people wishing to be sworn, please raise your right hand. (Witnesses were sworn.) COMMISSIONER CONSTANTINE: Does that explain why Commissioner Berry is turning in a signup slip to speak on this item? CHAIRPERSON MAC'KIE: You can do that. You're entitled. Any disclosure from anybody? I don't have any. Okay. Staff. MR. REISCHL: Good evening, Commissioners. Fred Reischl, Planning Services. This is a request for a five-foot after-the-fact variance for a house under construction in the area of Willoughby Acres. The zoning is RSF-3. And you can see on this diagram, this was the site plan that was submitted with the building permit. You can see the front yard that was marked on the site plan was twenty-five to utility easement, which is fifteen feet, bringing it to a total of forty feet. This is a spot survey that was submitted showing a distance of twenty-five feet for the front yard, an encroachment of five feet in the RSF-3 zoning district. The property owner continued with construction prior to the submittal of the spot survey. The code says this is done at the property owner's own risk. I do have Ed Perico who is the building review and permitting director here to answer any questions related to that. I -- one ameliorating factor is that the edge of pavement is out here, so there is over fifty, I think it's close to sixty feet until the edge of pavement, so that the house is not right up against the edge of the road, although the right-of-way line is here (indicating). At the Planning Commission, a speaker, Mrs. Berry, said that she was not opposed to the construction of the house continuing as long as there was landscape installed -- additional landscape installed to Page 154 February 23, 1999 soften the view from her house. The lot on the other side is currently vacant. After hearing that, the Planning Commission voted six to three to recommend approval, with the stipulation that additional landscaping be added and a brick paver driveway, because it's going to also affect -- the reasoning for that was it's also going to affect the neighbors on the other side of the street. They would at least get to look at a brick paver driveway instead of a house that's five feet closer to them on that side. COMMISSIONER CONSTANTINE: Like the interlocking bricks? MR. REISCHL: I'm sorry? CHAIRPERSON MAC'KIE: Never mind. MR. REISCHL: I did receive one letter that, I don't know if it was exactly in opposition. I included it in your packet. I don't know if you had a chance to read it. It sort of stated a few sides of the issue, and I don't think I got a conclusion out of whether he was opposed to that or not. And with that, Mr. Perico and I will be happy to answer any questions. CHAIRPERSON MAC'KIE: Okay. Why don't we hear from the petitioner? MR. NICUSANTI: For the record, I am Todd Nicusanti. I am the general contractor and owner of Nicusanti Building Corp. and am building for Mr. Sahlsten. I would like to thank all of you for having us here and especially Fred Reischl, Ron Nino and Mr. Perico for the help they have given me -- us in this exchange. CHAIRPERSON MAC'KIE: Can I ask you a question just before you start? MR. NICUSANTI: Yes, ma'am. CHAIRPERSON MAC'KIE: I'm so glad to have the builders here. One thing that really troubled me here, and, you know, I think this is going to be solvable, but the fact that under question number three in the application, the answer is that my home has been constructed to a point where it can't be physically rectified without expenses beyond my means. But you did that after notification on the spot survey that you had a problem? MR. NICUSANTI: No, ma'am. CHAIRPERSON MAC'KIE: Let me understand that then. MR. REISCHL: No. He continued with work prior to the submittal of the spot survey. CHAIRPERSON MAC'KIE: So, in other words, he could have stopped work and waited for staff to finally get around to his spot survey or he could have kept going? MR. REISCHL: Well, spot surveys -- it's a walk-in and walk-out process of the building department. MR. NICUSANTI: But it is my responsibility to do so. CHAIRPERSON MAC'KIE: It's your responsibility to -- MR. NICUSANTI: To execute the hiring of having a registered survey. CHAIRPERSON MAC'KIE: So what was the delay? MR. NICUSANTI: Actually, there wasn't a delay. The delay came in getting the document, in fact, to Collier County. CHAIRPERSON MAC'KIE: And why was that delayed? MR. NICUSANTI: I wish I could stand here and give you an honest answer for that, ma'am. Page 155 February 23, 1999 CHAIRPERSON MAC'KIE: Was it your delay or somebody else's delay? MR. NICUSANTI: Bottom line, I am assuming the responsibility for it, yes, ma'am. COMMISSIONER CARTER: Has this ever happened before to you that you have had this difficulty? MR. NICUSANTI: No, sir. I have, of course, have had difficulties in the construction industry, but never -- never like this. COMMISSIONER CARTER: Second question I have is, could you still have built the pool if you had stayed within the original spot survey? That the owner said the reason he wanted to get as far forward as he could is so he could build a pool in back. My question is, is this a motivating situation to go forward? MR. NICUSANTI: I don't know that I can really give you a direct answer to that, sir. I have never had a pool plan. I know that Mr. Sahlsten had intended to have a pool put in in the future, but as to what size and degree, I can't -- CHAIRPERSON MAC'KIE: So some size of pool could have gone in without this five feet? It's a question of what pool. MR. REISCHL: If I can bring your attention to the screen, you can see that on the building plan submitted with the permit, there's thirty feet to the rear drainage easement which should be adequate for a pool and that's with a forty foot front yard. CHAIRPERSON MAC'KIE: So it doesn't look like it was a sleight of hand to try to get a pool where one otherwise would not have fit. COMMISSIONER NORRIS: Why -- why does this plan that was submitted for permit not look anything like the final plan? MR. REISCHL: There are revisions that are allowed during the permit process as long as they don't encroach. COMMISSIONER NORRIS: You said there was a forty-foot front yard setback. Show me where the forty foot is measured. MR. REISCHL: Sure. Here's the right-of-way. Fifteen foot utility and twenty-five from the right-of-way up to that mark there (indicating). COMMISSIONER NORRIS: Twenty-five? CHAIRPERSON MAC'KIE: Twenty-five from the utility easement. MR. REISCHL: Twenty-five and fifteen for utility. COMMISSIONER NORRIS: Forty. MR. REISCHL: The utility easement can be counted as part of the setback. COMMISSIONER NORRIS: Okay. MR. REISCHL: A right-of-way easement can't but a utility easement can. COMMISSIONER NORRIS: What caused this mismeasurement? MR. NICUSANTI: I believe just simple error, sir. CHAIRPERSON MAC'KIE: Okay. Other questions for the petitioner? Are there public speakers? MR. NICUSANTI: Ma'am, may I? CHAIRPERSON MAC'KIE: Oh, certainly, if you have something else to say. I'm sorry. MR. NICUSANTI: There was a stipulation I had offered in the Planning Commission that I would, at my expense, offer the brick paver driveway and offer up a substantially upgraded landscape package. Part of what Mrs. Berry, Mrs. Julie Berry, the adjacent neighbor had Page 156 February 23, 1999 stepped up and said was that she was concerned about having a protected view, if you will, from their living room, which apparently is directly behind their garage, or living or family room. I happily agreed to do that. I then went over on the 15th of this month and submitted to both she and her husband a copy of this print for their approval and offered at that time if there was anything that I may do to add to that, I would be happy to do so. So -- CHAIRPERSON MAC'KIE: Appreciate that. MR. NICUSANTI: -- so that's where we're at. CHAIRPERSON MAC'KIE: I have to say I'm impressed with how honorably you're just facing up to a mistake was made and I made it and I'm responsible for it and I will do what I can to fix it. COMMISSIONER CARTER: And I agree, Madam Chairman. I respect you for that. You may think I'm tough on you, but I have just a general question. What happens when a builder violates a code like this? What's the penalty? COMMISSIONER NORRIS: We could have him saw it off, which is what I was thinking about doing. But I agree that since he's stepped up to the plate and admitted everything I'm not sure I'm going to have him saw it off. What room would you be sawing off, anyway? MR. NICUSANTI: The garage. COMMISSIONER NORRIS: Oh, the garage. So you'd have to buy smaller cars. MR. NICUSANTI: We would, sir. CHAIRPERSON MAC'KIE: Are there other public speakers? MR. FERNANDEZ: Just one. Carl (sic) Sahlsten. MR. SAHLSTEN: Curt Sahlsten. CHAIRPERSON MAC'KIE: Do you have something you need to say? MR. SAHLSTEN: Well -- CHAIRPERSON MAC'KIE: Come to the podium if you do. MR. SAHLSTEN: I might as well. CHAIRPERSON MAC'KIE: Sure, you have been here all day. MR. SAHLSTEN: For the record, my name is Curt Sahlsten. I am the owner of the property at 273 Johnnycake. First o£ all, Madam Chairman and Mr. Norris, Mr. Constantine, Mr. Carter, appreciate the time that I have had to sit here and wait to be able to come up here and talk to you-all about this case. It hasn't been easy for me. I went through the whole loan process and tried to do everything right. Even had to wait an additional two and a half months to even close on the piece of property because the people were in Europe and I had to wait for them to get back, which kind of slowed things up. And I figured that this would probably be one of the best times that I could go ahead and try to build my third house at forty-four years of age. I have lost the other two due to marriages and divorce. COMMISSIONER CARTER: He's about to lose his garage. COMMISSIONER NORRIS: From now on -- from now on, instead of getting married, why don't you just buy them a house? MR. SAHLSTEN: Well, that's what I've done so far. And it's the truth, though. And I tried to do everything right. Mr. Nicusanti is a personal friend of mine who I have known for several years since I moved from the east coast of Florida. And I tried to do everything right and he was a young builder trying to start off, and I tried to give him a chance and give him a break. And we worked out an amicable Page 157 February 23, 1999 deal between the two of us, and we started. And somewhere along the lines, something was overlooked. And I am very sorry for it. Nothing was done intentionally. Not on my part. Not on his part. And I can tell you one thing, I have learned a lot about this procedure. And I thought the last thing I would be doing was standing up here in front of the Board of County Commissioners like I am today. But I am, and I probably can tell you one thing, that I am a lot smarter after this and I know this builder here is very young, starting out in his career. I think that he's got what it takes to be a very good builder in this area. And sometimes we make mistakes and sometimes we learn from our mistakes. Lessons taught are lessons learned. And I just hope that we can get through this thing. I have had a house sitting for two and a half months that we have been paying in a lot of money on interest rates -- or interest on construction loans and kitchen cabinets and countertops and appliances that were already secured two months ago, most of it in storage now. And I would just hope that we can be able to get through this process and I can continue my house -- building my house and hopefully be in there by April 15th, which is tax deadline day. So -- that's about all I have to say, and thank you for your time. CHAIRPERSON MAC'KIE: Thank you, sir. Any other speakers registered? MR. FERNANDEZ: None. CHAIRPERSON MAC'KIE: If not, we will close the public hearing. Do I have a motion? COMMISSIONER CARTER: I move that we approve the variance with the conditions, with the hedge and the paver brick driveway so that he can get into his house with his garage intact. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: (Aye.) CHAIRPERSON MAC'KIE: (No response.) CHAIRPERSON MAC'KIE: Is there a second? I will second it. Ail in favor, please say aye. Opposed? It passes four-o. And good luck. You're starting out right, even if you start out with a mistake, if you start out owning up to it and fixing it. COMMISSIONER NORRIS: Next time you saw it off, though. MR. NICUSANTI: Actually, I put a -- I put a procedure -- CHAIRPERSON MAC'KIE: It won't happen. MR. NICUSANTI: -- practice and procedure. CHAIRPERSON MAC'KIE: Good for you. Good luck. Page 158 FEB 2 3 999 RESOLUTION NO. 99-157 RELATING TO PETITION NUMBER V-98-25, FOR AN AFTER-THE-FACT VARIANCE PROPERTY HEREINAFTER DESCRIBED COLLIER COUNTY, FLORIDA. ON WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and . WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5-foot variance from the required front yard setback of 30 feet to 25 feet as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-25 filed by Todd representing Curt A. Sahlsten, with respect to the Nicusanti of Nicusanti Building Corporation, property hereinafter described as: Lot 6, Johnnycake Cove, Plat Book 28, Pages 1 and 2 in the Public Records, Collier County, Florida be and the same hereby is approved for a 5-foot variance from the required front yard setback of 30 feet to 25 feet as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is located, subject to the following conditions: -3.- o This variance is for the encroachment depicted on Exhibit "A~'. Should the structure be destroyed, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. The petitioner shall submit to the Building Review and Permitting Department Director and the property owner of Lot 7, Johnnycake Cove Subdivision, a landscape plan depicting landscaping that is greater than the requirements of the Land Development Code, and including a brick paver driveway. The plan shall be approved and the plantings shall be inspected for compliance with the plan, prior to issuance of a Certificate of Occupancy. BE IT RESOLVED that this Resolution relating to Petition Number V-98-25 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Donethis ~c~rp dayof ~--~~ ,1999. 0 ATTEST: DWtt3HT.E; BROCk, Clerk ttes 5 3..,I: . . :;Approved ~ to F0~,~d'Legal Su~ciency: Assist~t Co~W A~omey f/V-98-25 RESOLUTION BOARD OF ZONING APPEALS -2- ' :ORM 8B MEMORANDUM OF VOTING CONFLICT FOR - )OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NA~ME--FIRST NAMI:--~IDI.}L£ NAME Berry Barbara B. ~llqG ADDRESS ~0I E. Tamiami Trail NaPl_es On wH,C, ,.'or~ c~-currEo February 23, 1999 Collier .A~,~ oF ,,oA,,o. cou,~o,.. ¢o~M,=,o~ ~rr.o~r,. on co~n'r~ Board of County Commissioners ~'E[~ ~ 3 lg~ THE BOARI], COUNCIl_ COMHISSION, AUTHORITY, OR. CO.~ITTEE ON WHI(.~I I SERVE IS A UNIT OF-... ' '. CI'{Y :XCOUNTY ~. | OTHER LOCAl AGEJqCY ' -.' Collier County MY POSiTiON IS: WHO MUST FILE FORM 8B his form is for use by an)' person serving at the county, city, or other local level of government on an appointed or de~::tcd board, :mncil, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented ith a voting conflict of interest under Section 112.3143, Hot-ida Statutes. The requircmcn, ts of this law are mandatory;, althoush ~e use of this particular form is not required by law, you arc encouraged to use it in ma'king the disclosure sequired by law. 'four responsibilities under the law when faced with a measure in which you have a conflict of interest wilhwu'y gready depending )n whether you hold an elective or appointive position. For this reason, please pay close attention to the instrtl~t~ns on this form ~efore completing the reverse side and filing thc form. :.~_: * INSTRUCTIONS FOR COMPUANCE WITH SECTION 112~t43, FLORIDA STATUTES ELECTED OFFICERS: A persOn holding elective county, municipal, or other loc'al public office MUST ABSTAIN f~om voting on a measure which inures ~o his special prix'ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the speci~-I gain of a principal (other than a govcrn/z~nt agcncT) by whom he is retained. - In either ease, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly thc nature of your interest in thc 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 minutes of the meeting, who Should incorporate the fOrm in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from kfiowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. ... A person holding an appoin, tive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to intlucnce the decision by oral or written communication, whether made by the officer o? ad his direction. , , ' · , IF YOU INTEND TO MAKE ANY ATTEMPT TO II(IFLUENCE THE DECISION PRIOR TO THE MEETING AT %VHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate thc form in the minutes. · A copy of the form should be provided immediately to the other re.embers of the agency. · The form should be read publicly at the meeting prior to consideration of the matter i~ which you have a conflict of interest IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT.~ MEh-FING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within' !:5 days after the vote occurs with the person, respot~sible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST L Barbara B. Berry , hereby disclose that on (a) A measure came or will come before my agency which (check one) inurcd to my special private gain; or inured to thc special gain of ' February 23, . 199.9 : · by whom I am .retainegL (b) The measure before my agency and the nature of myinterestin Sc measure is as~liows: Agenda Item 13(A)(2) Petition V-98-25, Todd Hicusanti, Nicusanti Building Corporation, ~epresenting Curt A. Sahlsten, requesting an after-tkefact variance of 5 feet from the required front yard setback of 30 feet to 25 feet for property ~cated at 273 Johnnycake Drive, further, described as Lot 6, JohnnYcake Cove, in SeCtion 24, Township 48 South, Rahge 25 East, Collier County, Florida. Af: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, commissioz or agency who is present'st any meeting of'such body at which'.an.6fficial decision, rOling or other official act is to be taken or adopted ~oy'abstain from voting...except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions'of S.112.311, S.!12.313, or S.112.3143. In such cases, said member shall comply with the disclosure requirements of S.1'12.3143." Dz:e lqlcd / NOTICE: UNDER PROVISIONS OF FLORIDA S-['ATUTES §112.317 (1985), A FAILURE TO NIAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FRO,vi OFFICE OR EMPLOYNIENT. DEMOTION. REDUCTION IN SAL.A, RY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5.000. February 23, 1999 Item #14 - i FURTHER DISCUSSION REGARDING SHERIFF,S SPACE, CONTINUATION OF ITEM #8D1 LEASES TO BE SECURED; CHAIRMAN AUTHORIZED TO SIGN LEASES AND ANY NECESSARY BUDGET AMENDMENTS We're down to staff communications. MR. FERNANDEZ: Madam Chairwoman, I am pleased to announce that the staff has been working diligently on a solution for our space problem for the relocation of the employees in building "A." Let me hand to you their staff report. CHAIRPERSON MAC'KIE: Still warm from the copy machine. COMMISSIONER CONSTANTINE: Thank you. MR. FERNANDEZ: It appears that the staff has been able to locate available lease space that appears to be able to meet the needs of the sheriff's office. And I will let Miss Taylor give you the details. MS. TAYLOR: Again, Sandy Taylor, your real property director. In talking to Bob Burhans, the Undersheriff with the Sheriff's Office, he first faxed me the number of employees in each department or work unit currently in building "A." As you can see, there's seven work units totalling one hundred sixty-nine employees. It must be noted that youth prevention can be broken down into separate work units and so can CID. However, they did recommend organizationed crime unit be housed in one location. We were able to locate three units that are basically available immediately for a one-year term totalling twenty-three thousand one hundred and eighty-one square feet. Staff is not recommending the use of modular offices at this point until we can see how much usable/nonusable square footage in the twenty-three one eighty-one versus what building "A" is currently comprised of. It's kind of difficult to do that in just a number of hours. We need to know their layout plans. We need to be able to fit how many people in each office, et cetera, and we will be working diligently on that. Staff, again, we spoke to Bob Burhans and also Gary Young and they were pretty receptive to our concept here. We don't know whether you want us to come back to you with certain lease agreements on those first three options or whether we can obtain the chairwoman,s, you know, basically approval to execute contingent upon the County Attorney's Office approval. That would expedite what we need to do. CHAIRPERSON MAC'KIE: I would hope we could go there. COMMISSIONER CONSTANTINE: I would, too. Has the sheriff or someone from his office provided exceptions to this plan in writing? MS. TAYLOR: No, not in writing. I spoke to Gary Young at about three thirty. His father is ill. And I basically summarized those three, and I said Gary it totals twenty-three one -- I'm sorry. COMMISSIONER CONSTANTINE: I see someone here from the Sheriff's Department. I would just feel a lot more comfortable if we had someone say on the record that this works, so we don't have another surprise in two weeks. CHAIRPERSON MAC'KIE: Says it works, Crystal. MS. KINZEL: I'm sorry. They only send me over on the negative side, so I apologize. CHAIRPERSON MAC'KIE: Identify for the record, please. Page 159 February 23, 1999 MS. KINZEL: Crystal Kinzel, financial director wit the Sheriff's Office. Unfortunately, we were over here on budget appeal issue. So while they were working with the Undersheriff and Gary Young, we were over here. We just went back. We have been communicating over the telephone. That's why I am back over here. We have some grave concerns. Now, we do want to work with you. We have things like alarms, telephones, UPS systems. The last plan that we heard made here was that we would move into multiple locations, and now we're hearing three or four for a period of one year. CHAIRPERSON MAC'KIE: That's multiple. MS. KINZEL: Okay. Right, right. For placement for a period of one year and then we will move everyone again. So we're talking about moving about a hundred and sixty-nine people twice in two years. CHAIRPERSON MAC'KIE: But that's no different from what we were talking about earlier. MS. KINZEL: Well, but it's an additional move because then when "J" gets constructed, they would have to go back, so it's adding a move in there between "D" and back to "J". COMMISSIONER CONSTANTINE: That's exactly what we said earlier today with the sheriff. CHAIRPERSON MAC'KIE: It is. No change. MS. KINZEL: Well, I think that we left the meeting and there were some issues remaining in the meeting. I am just here to go on the record. It's obvious that we are going to move forward with some plan. We do want to go on the record that this probably is not the best operationally, efficiently. CHAIRPERSON MAC'KIE: Do you have a better one? MS. KINZEL: We did. We brought that forward. That didn't work. We have brought two or three forward in the past year. They have not worked. Yes, I think we had a better option. One move for five years until building "J" gets done then move us back to "J". COMMISSIONER NORRIS: But, Miss Crystal, see the thing is, we were planning to do that for you so you only had to move to one place and then when we build the new jail you could go back there. But now you're saying -- and when I say you I mean the sheriff's agency is saying we have to move out of building "A" today. Well, you can't do it with one move if you do that. MS. CRYSTAL: Well, I think that -- COMMISSIONER NORRIS: So you need to make up your mind. If you're willing to stay in "A" for another year or close to a year, we can do it with one move. But if you're not willing to stay, then we can't do it. MS. CRYSTAL: Okay. We were not, but the Arnold and Arnold commitment was originally down to five or six months. The sheriff did get the people in building "A" to agree to that, that we would go to new space at the end of that five months. We could probably wait there. We totally agree that we need to get out of "A" as soon as possible. But we obviously don't want to go into multiple, inefficient spaces at one time. But that's all right. You know, you asked for a comment on the record. We did want to put it on the record that we don't feel this is the best option for efficiency, but -- CHAIRPERSON MAC'KIE: I got to ask this though. You know, and I'm always like the pro sheriff person up here, but I am so confused Page 160 February 23, 1999' by this. The option was -- the option that the Sheriff's Office brought forward was to move in five or six months into the Arnold building and then in about a year -- MS. KINZEL: No, until two thousand and two when you will probably get "J" done. We would stay in Arnold until you had "J" permanent space built. CHAIRPERSON MAC'KIE: Okay. So five to six months into Arnold until two thousand two, then into "J" is better than we will move you now into temporary space if you'll stay there for a year? MS. KINZEL: Especially into multiple locations. I think that's the catch. If we had -- obviously, it would be better to move now into a single location. That would be the ultimate. CHAIRPERSON MAC'KIE: It's not. MS. CRYSTAL: We can't find it, so that's not available. COMMISSIONER CONSTANTINE: Perhaps my recollection is completely wrong, though I doubt it. And I will watch the type tomorrow night when it airs on channel 54, but it seems to me that it was just a few hours ago that the sheriff and several representatives of people who work in building "A" stood here and said, understanding all and all, we can work with this, and we can break down the different departments within building "A" and put them -- as long as they are together, this can work. We will do this. We will go out and talk about this. And then apparently representatives of the Sheriff's Department worked with our real property people and said yeah, we can do this, consistent with what the sheriff stood at that very podium and said, and they were all in agreement. But now you and the sheriff went back suddenly disagreed again. What is very frustrating from this end is to have the sheriff stand at that podium and say one thing, send a representative back three hours later and say no, we can't agree that that's a good idea. MS. KINZEL: Well, I really think that's an unfair assessment, okay? I think what the sheriff totally agreed to was to work with county staff. We have always said that. We have always worked through real property, okay? What we're looking at now, though, with the options of four sites, yes, we've gone back in the last couple of hours and tried to think of if we moved so and so here and so and so here, and we gave them the list of the numbers of slots. But you have a lot of operational issues associated with this type of move. I think at this point, you know, we can go back and forth. We would -- we want to continue working with staff, but we would like to go on record with the efficiency issues and the coordination issues. And if we can continue to work with staff and maybe get the best of all worlds, I guess that's where we're at. COMMISSIONER CONSTANTINE: Mr. Fernandez, what time -- what time does our -- does this meeting air tomorrow night? Wednesday nights we show at five thirty, six, something like that? Because I just want to go on public record inviting the sheriff to come to my home tomorrow night and watch this tape with me in the comfort of my living room, because I know he stood at that podium and said yeah, we can work with multiple sites. CHAIRPERSON MAC'KIE: He did. COMMISSIONER CONSTANTINE: I know he said that. Page 161 February 23, 1999 MS. KINZEL: But I think we were also looking at we said we would work with the staff on those multiple sites to see what we could work out. The options that have come back with the multiple sites, we're looking at alarms. We're looking at all these other operational issues. I think those are cost elements that need to be included when you're looking at rental property and comparisons, and also the operational issues of moving three times in two years. CHAIRPERSON MAC'KIE: But he said yes to that, Crystal. MS. KINZEL: Excuse me. I think that when we went over to the other -- out in the hallway, that's when it came up that we would be moving twice in two years. I think the original plan was we could not anticipate moving back into "D" in one year when we left this chamber this morning. CHAIRPERSON MAC'KIE: But we said one year lease. What did you not understand about that? We said a one-year lease. MS. CRYSTAL: Well, that happened after the sheriff and I were out of the room and we were working in the hall. CHAIRPERSON MAC'KIE: No. MS. CRYSTAL: Yeah, I believe it did. But we can go back and check the record. But I just want to go on record -- COMMISSIONER CONSTANTINE: Well, we will watch that on tape tomorrow night in my living room, too, if you want. MS. KINZEL: Okay. I just want to go on record that there are some issues. I think we need to look at this a little further before we spend the money, but -- COMMISSIONER CARTER: Crystal, I can understand your comments, but the objective was to get out of town today. You said we have to get out of this building. COMMISSIONER NORRIS: Exactly right. COMMISSIONER CARTER: That's what motivated this whole process. And I thought that we had -- I can't come to your house because we would be in the sunshine, but I believe what I heard and I heard him say yes, we got to get out of there today. We will go to multiple sites. We will do whatever we have to do to make that a reality. That's what I thought I heard. CHAIRPERSON MAC'KIE: And we always were talking about a one-year lease. COMMISSIONER BERRY: That was part of it. CHAIRPERSON MAC'KIE: All the way. Always. COMMISSIONER NORRIS: And you sent some -- some people from your agency over here to complain to us about having to leave "A" immediately. The one that I yelled at, for example. We had already agreed to do that and she came up there whined anyway. MS. KINZEL: Okay. But let me get on the record, we don't tell our people to come over here and do that. They're very concerned. They're working in that environment. They came over on their own volition, off duty time, you know. So I think that's unfair to say that we sent those people over here to complain to you. COMMISSIONER CONSTANTINE: But the point was, we had an extended dialogue back and forth where Commissioner Mac'Kie and the sheriff and I all were under the impression at first -- this is where we get into this discussion the having to go look at multiple sites -- that with the trailers we're going to get everyone out of building "A." And our staff said oh, wait a minute, it's only eight thousand square tops Page 162 February 23, 1999 over there. And all three of us looked at each other dumbfounded and then we said okay, we'll do multiple sites. It's going to have to be here, there and everywhere. And the sheriff was standing right at that podium when that discussion went on. So, you know, you guys do a heck of a job. MS. CRYSTAL: There's -- COMMISSIONER CONSTANTINE: Crystal, thank you. You guys do a beck of a job with law enforcement, but the credibility on an issue like this is really lacking when you get up one say one thing and three hours later say something completely contrary and deny what did you three hours ago. MS. KINZEL: Well, Commissioner Constantine, I take real exception to that, because we have worked very hard on trying to get space together. We have worked with staff. We have tried for many, many months to get this organized. CHAIRPERSON MAC'KIE: But, Crystal, we're talking about the credibility from three hours to now. MS. CRYSTAL: Well, when we talk about credibility, when we were told that an agenda item was going to be on here for a facility with Arnold and Arnold, we come back and the building ends up at public works. You know, there are some credibility issues that we're all concerned about. CHAIRPERSON MAC'KIE: Absolutely. MS. KINZEL: And I don't want to stay on the record that the Sheriff's Office has created the difficulty here. We have been working long and hard to try to get efficient and sufficient space for the Sheriff's Office operation. CHAIRPERSON MAC'KIE: Crystal, I just want to understand one -- I do have a real question for you. And I apologize for getting angry before, but I am shocked by the response. But the question -- I want to understand what the sheriff objects to. He objects to -- there are some expenses in -- in sites, preparation that he didn't previously anticipate having to do with alarms and such. Is that one of his objections? MS. KINZEL: Well, that's one of the issues. I mean, it's not really an objection. We just want to go on the record that there are other issues, that if we're going to make a lease decision tonight with directive to go to these sites, that should be taken into consideration. CHAIRPERSON MAC'KIE: Okay. And the other -- MS. CRYSTAL: And objection is probably even strong. CHAIRPERSON MAC'KIE: Okay. The other issue that he has, one is the cost of outfitting the space and the other is -- COMMISSIONER CONSTANTINE: Well, we freed up a hundred and thirty thousand dollars -- CHAIRPERSON MAC'KIE: Right. COMMISSIONER CONSTANTINE: -- because we're not going to throw it away on trying to fix more stuff in building "A". CHAIRPERSON MAC'KIE: So there's one. And the other is he hadn't anticipated having to move at the end of the first year. MS. KINZEL: Twice in two years, correct. I think that's the issues. CHAIRPERSON MAC'KIE: That was just an oversight on his part. Page 163 February 23, 1999 MS. KINZEL: We just want that on the record. Thank you very much. MR. FERNANDEZ: Madam Chairwoman. CHAIRPERSON MAC'KIE: Yes, sir. MR. FERNANDEZ: You have a speaker who would like to speak on this subject. CHAIRPERSON MAC'KIE: It's not an agenda items. COMMISSIONER CONSTANTINE: It was an agenda item earlier. CHAIRPERSON MAC'KIE: Okay. MR. FERNANDEZ: Arnold Dean understood that this was going to come back to the board. CHAIRPERSON MAC'KIE: It's Dean Arnold, but --. MR. FERNANDEZ: I'm sorry. CHAIRPERSON MAC'KIE: I don't think we have spent enough time on this. I think we ought to have, you know -- let's talk a little bit more about it. COMMISSIONER CONSTANTINE: Make a workshop. MR. ARNOLD: For the record, I am Dean Arnold with Arnold and Arnold. We are still willing to lease space to the Sheriff's Department. We're going forward building a building. If it comes to where it's necessary for them to lease space from us, we are definitely willing to do that to the county. I did -- we have heard that there is operational problems for the sheriff if he goes into multiple buildings. And I think it's very, you know, safe to assume that we all understand the operational difficulties that would involve. And I hope we all take into consideration when we decide whether -- which space for them to lease. Thank you. CHAIRPERSON MAC'KIE: Thank you, sir. COMMISSIONER NORRIS: Let me just say -- CHAIRPERSON MAC'KIE: Mr. Norris. COMMISSIONER NORRIS: Well, tell you what, we have already decided what we were going to do. We already had an agenda item on this and we already voted on what we were going to do. If that's not acceptable to the Sheriff's Office, I want written notification before our next meeting and in time to, as a matter of fact, to get it on the agenda for next meeting. CHAIRPERSON MAC'KIE: That means by tomorrow. COMMISSIONER NORRIS: Without written notification that this is unacceptable, we're going forward with it. CHAIRPERSON MAC'KIE: And that means by tomorrow. Is that the deadline, Mr. Fernandez? COMMISSIONER NORRIS: No, a week from tomorrow. COMMISSIONER BERRY: A week from tomorrow, I think. CHAIRPERSON MAC'KIE: Oh, now that we have -- that's right, a week from tomorrow to get a written -- MR. FERNANDEZ: No. CHAIRPERSON MAC'KIE: It's tomorrow to get it in the printed agenda. COMMISSIONER CONSTANTINE: Well, I think -- CHAIRPERSON MAC'KIE: Friday. MR. FERNANDEZ: To get it on next week's agenda. CHAIRPERSON MAC'KIE: Next meeting agenda. COMMISSIONER CONSTANTINE: Either we got to -- it's time we either move forward or we don't. I mean, if the sheriff objects and Page 164 February 23, 1999 doesn't want to do this, great. They can stay in their building for another year and we'll have a building up then. But if what he said and all his people said today is we got to get out as soon as we can. We got to be out today. If that is true, then we need to do this. We need to go forward. And I will -- I am willing to take what the sheriff said earlier today at face value. And if there's some confusion now at the end of the day, you know, that's too bad. But you can't have it both ways. He can't come here and in front of his employees say yes, we want to get them out as soon as possible. And now send over a messenger that says well, we want to keep them there another six months. MS. TAYLOR: Just one thing, the longer we wait on these immediate availability of leases, we may lose these opportunities. So I know the predicament that you're in, whether they stay were they are or they move out, but we need to kind of know also because of some of these leases. CHAIRPERSON MAC'KIE: You know, my -- my feeling is that -- that we are the ones in charge of space for constitutional officers. I am, like most of you, troubled by the fact that these employees have been in these uncomfortable conditions for as long as they have. I would like to go forward with the proposal that Miss Taylor has for us today unless as Commissioner Norris says we receive by Friday an objection from the sheriff. COMMISSIONER NORRIS: Are you going to set that as a deadline? CHAIRPERSON MAC'KIE: Yeah. MR. FERNANDEZ: Monday noon -- Monday noon is typically our agenda deadline. CHAIRPERSON MAC'KIE: Monday noon. MR. FERNANDEZ: Monday noon. COMMISSIONER CONSTANTINE: I am going to go a step further, though, and say it's going to take some tremendous convincing. If the sheriff delays this again then -- and it comes back to us a couple weeks from now because what his staff and our staff worked out isn't acceptable to him, then for my money, he's telling us they can stay there longer. They don't have to be out immediately and let's go ahead and bid out and have the building in a year and they can be there. I would prefer to take care of the employees as they requested of us today, but if that's not what the sheriff wants, and he can let us know that by Monday, and we will wait and go through the whole process, the bidding process, and they will be there in a year. But this continued delay and fingerpointing and it's our fault -- let's either do it or not. CHAIRPERSON MAC'KIE: The delay -- the delay in my judgment is our fault. I don't think we can lay that on the sheriff. MR. ARNOLD: (Inaudible statement from the audience.) CHAIRPERSON MAC'KIE: I don't think you can, sir. MR. ARNOLD: (Inaudible statement from the audience.) CHAIRPERSON MAC'KIE: Thank you, thank you thank you, thank you. Please don't. It's not right. Don't do it. So, is there direction? MR. ARNOLD: (Inaudible statement from the audience.) COMMISSIONER NORRIS: We will have you removed, man, if you don't follow the chairman's direction. Page 165 February 23, 1999 CHAIRPERSON MAC'KIE: He's going to be nice so we don't have that problem. Thank you, sir. MR. ARNOLD: (Inaudible statement from the audience.) CHAIRPERSON MAC'KIE: I appreciate that, but let's stop at this point. So we got a response from our staff, which is what we asked for. Is there agreement from the board that unless there is -- if there is some sort of police protection reason why THIS is a bad idea. If the sheriff is going to tell us that he can't protect the safety of the county if we split these people up, then I certainly want him to have that veto power, but absent that -- COMMISSIONER CONSTANTINE: Madam Chairman, I'm going to ask if we can just move ahead or not now. He's got a representative here. Our staff worked with his staff today. He knew we were hearing this at the end of the day and has an opportunity to stand at that podium right now and tell us. And so the whole issue should be held hostage for another week or two weeks or come back and revisit it at the next meeting is completely unnecessary. He has a representative here. He's got an opportunity. Let's either move forward or not. CHAIRPERSON MAC'KIE: What I would like to do is to move forward, but to give him until Monday to object if he has some safety reason, some police/sheriff reasons that we don't know what they are, that this is impossible. COMMISSIONER BERRY: But if that was the -- COMMISSIONER CONSTANTINE: My question is, why wouldn't the sheriff be here? COMMISSIONER BERRY: Exactly. CHAIRPERSON MAC'KIE: Well, why wasn't it brought up this morning? I mean, because -- COMMISSIONER CONSTANTINE: When we agreed to it. COMMISSIONER BERRY: That's right. We talked about it this morning. We talked about possible multiple locations, and if there was a concern that it was going to affect the safety of Collier County, then the opportunity was there to address it. I mean, this goes into so many things. I mean, you go into looking at jail and administration space and you're looking at funding sources and all those kinds of things. And we're sitting taking a battering over this whole thing when the Sheriff's Department and others concerned with it know very well what the issue is. I mean, it's not that we're -- we're totally ignoring this whole situation. What they ought to be doing is being over here trying to be supportive of the Commission when we were talking about, quote, the possibility of a sales tax or some other funding structure. Instead we're getting the tar beat out of us today because we're trying to accommodate a situation on an emergency basis to take care of the health of the employees. Now, having said that, I think -- I agree Commissioner Constantine that we need to go forward. I think there's no need to sit around and examine our naval any longer. This is the time to do it. Get with it and move. COMMISSIONER NORRIS: And what I reminded us of is that we have directed the staff to do just that unless we -- CHAIRPERSON MAC'KIE: Change our direction at this point. Page 166 February 23, 1999 COMMISSIONER NORRIS: We're not going to change our direction at this point. COMMISSIONER BERRY: We don't need a change. CHAIRPERSON MAC'KIE: I'm not suggesting we do. COMMISSIONER CONSTANTINE: So we need to go ahead and provide the authority for the Chair to sign off on these leases if you want to execute them. That's the only thing we need to -- the only action we need to take. MS. TAYLOR: And then also in the memorandum, we do need approval for the necessary budget amendments to fund the moving expenses, appropriate building improvement, voice and data communications systems and any and other associated expenses. CHAIRPERSON MAC'KIE: Yeah, because we weren't expecting you to be able to outfit the space, Crystal, without paying for it. COMMISSIONER CARTER: Well, I move that we do all the things that they need to do and let's take this one home. MR. SMYKOWSKI: For the record, Michael Smykowski, budget director. There was two hundred and fifty-five thousand dollars budgeted in your capital funds for relocation of bureaus. That money is still available today. COMMISSIONER BERRY: All right. Then we will do if. MR. SMYKOWSKI: In addition, there was an additional approximately two hundred and fifty-five thousand budgeted for phone~ line and data line upgrades, a portion of which was for existing structures, but a portion I believe was associated with the relocation. In addition, in the sheriff/board paid cost center in the general fund, there was approximately three hundred thousand dollars budgeted for leased space assuming that the relocation from "A" would take place. COMMISSIONER CARTER: That's eight hundred thousand dollars. MR. SMYKOWSKI: To the extend possible, we would use existing budgeted appropriations to fund these activities. Now, if there are some extraordinary expenses, multiple alarm systems, that we're unaware of that could not be accommodated -- COMMISSIONER CONSTANTINE: Just to make sure I understand the motion, that is to go ahead and secure these leases and give the Chair the authority to sign off on them? COMMISSIONER CARTER: Right. MR. FERNANDEZ: Madam Chairwoman. CHAIRPERSON MAC'KIE: And as necessary, to have budget amendments. MR. FERNANDEZ: In order for us to take action on this item, it's important that we link this to a previous agenda item, and I think Mr. Weigel has the magic words for us on that. MR. WEIGEL: 8-D-1. CHAIRPERSON MAC'KIE: 8-D-l, thank you. Appreciate your brevity. Commissioner Norris. COMMISSIONER NORRIS: Well, I just want to point out that we need to give to the sheriff an opportunity to tell us whether this is acceptable or not acceptable. COMMISSIONER CONSTANTINE: We have. COMMISSIONER NORRIS: Well -- COMMISSIONER CONSTANTINE: He's watching somewhere right now. He knows that this is going on -- Page 167 February 23, 1999 COMMISSIONER NORRIS: But wait, wait. COMMISSIONER CONSTANTINE: -- and that's why he sent his representative here. COMMISSIONER NORRIS: You don't mind if I finish? COMMISSIONER CONSTANTINE: No. I'm terribly sorry. Just a little wound up on this one. COMMISSIONER NORRIS: I am, too, but just so we don't back ourselves into the position of being the bad guys on this thing. We did what we agreed to do today and we're following through with that and that's what our intention is. If it has now become unacceptable to the sheriff, he needs to tell us in writing before this week is over or else we're going forward with what we agreed to this morning. CHAIRPERSON MAC'KIE: Because otherwise I will be signing leases encumbering county funds that the sheriff will object to sending his people over. COMMISSIONER CONSTANTINE: Well, I just -- I'm afraid that if we leave that opening, you are setting it up so that we will look like the bad guy, because he's going to come back and say no. He will tell his people there's still not an opportunity to move you yet. It's going to have to come back on yet another hearing and Commission will be painted as the bad guy. I think we should go forward with what the sheriff agreed to here, what his staff agreed to with Sandy Taylor. And the sheriff is not here right now, even he knows the public hearing is going on, objecting to it. CHAIRPERSON MAC'KIE: But he did send his representative. COMMISSIONER NORRIS: He sent -- to object to it. He did. CHAIRPERSON MAC'KIE: He did send a representative. I mean, we don't require his physical presence. MS. KINZEL: And I apologize. For the record, he did have another commitment. He was really torn. He did want to be back over here. We had asked Mr. Ochs to convey the message. He said no, that perhaps I should stay to do that. So I apologize that he isn't here, but he had another commitment. He obviously did not anticipate this would come back up at the end at this late hour. So it was a conflict. It wasn't a neglect issue. Just for the record. COMMISSIONER BERRY: Wait a minute. No, no, no. We said when he was here that we were going to send the -- MS. KINZEL: But he had another commitment. COMMISSIONER CONSTANTINE: Can she finish? COMMISSIONER BERRY: But, I mean, he knew that we were going to be talking about this today, Crystal. He knew that. MS. CRYSTAL: But he had another commitment. COMMISSIONER BERRY: Well, hey, listen if we have to be here til midnight, at the end of the day we're still here, so -- CHAIRPERSON MAC'KIE: But thank you for clarifying that. COMMISSIONER CONSTANTINE: But his representative is here. Do they object? Do they want us to do this or not? And if they don't, then -- I mean, that's a simple question. CHAIRPERSON MAC'KIE: -Crystal. COMMISSIONER NORRIS: Can you answer that? COMMISSIONER BERRY: Yeah or nay? Page 168 February 23, 1999 COMMISSIONER NORRIS: Does the sheriff want us to go forward with this or not? COMMISSIONER CONSTANTINE: Or does he want to keep his people in the building? MS. KINZEL: I think that based on the options of this space or no space, I think we have to move forward with this space. And whatever other issues may be outstanding, we will certainly get with you and work on those issues. COMMISSIONER NORRIS: Well, the other option is you can stay in building "A" until we get -- MS. CRYSTAL: You know we don't want that option. And that's not been anyone's intent. And we have put forward issues for the past year to get rid of the problem that we have in "A," so obviously, we don't want people to stay in "A". COMMISSIONER NORRIS: The board is just confused because the only other option is to stay in building "A," so if you don't want what we're proposing to do, why are you here? CHAIRPERSON MAC'KIE: Because they are, as I understand it, it sounds like they're continuing to bring up the Arnold building option. COMMISSIONER NORRIS: But that leaves them in building "A". CHAIRPERSON MAC'KIE: For five months, which they were willing to do. MS. TAYLOR: But it's actually eight months, and that's what we talked about today with the spans and the comparisons. I think I am going to reiterate what Commissioner Constantine said. You have got two objections. One is to go ahead and go forward what the leases. The other option is to allow them to remain in building "A" and put in a hundred and forty thousand dollars to keep them there until we can get the public works building done, move work public works out, and then they can take over the rest of the campus. CHAIRPERSON MAC'KIE: Okay. So it sounds like the answer from Miss Kinzel .on behalf of the sheriff today was, faced with the two options that we are putting before them, they choose to go forward with the direction presented by our real property department. So I would ask for authorization to sign the leases. COMMISSIONER CONSTANTINE: Sounds like we have that motion from Commissioner Carter. MS. TAYLOR: I don't mind waiting until Friday, because I think the parties would understand. If you want me to wait until Friday -- COMMISSIONER CONSTANTINE: Why wait at all. MS. TAYLOR: -- just to let you know, I can wait until Friday. CHAIRPERSON MAC'KIE: So we have a motion authorizing the Chair to sign the leases and authorizing necessary budget amendments taking into account the existing budgets described by Mr. Smykowski. COMMISSIONER CONSTANTINE: My understanding of the motion was to secure the leases. COMMISSIONER CARTER: CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: (Vote.) CHAIRPERSON MAC'KIE: (No response.) CHAIRPERSON MAC'KIE: Yes, that was my motion. I will sign them. Second. All in favor, please say aye. Opposed? This is tied to item 8-D-1. Okay. Page 169 February 23, 1999 COMMISSIONER NORRIS: The continuation of that item. CHAIRPERSON MAC'KIE: The continuation of that item. COMMISSIONER NORRIS: Miss Crystal, I think you would have to agree that your favorite part of your job is coming over here in front of the Board, isn't it. CHAIRPERSON MAC'KIE: I am sorry that we have to take it out on you, but that was frustrating. COMMISSIONER BERRY: We didn't quite shoot the messenger, but -- MS. KINZEL: I should get paid much, much more. CHAIRPERSON MAC'KIE: That right. Combat pay. Hazardous duty pay. Do we have any other staff communications? *** lw0 Leases are a% %he end of the minu%e$ *** Item #14 - 2 DISCUSSION REGARDING PROPOSED DATES FOR SOLID WASTE WORKSHOP - MARCH 16TH - 9:00A.M. OR APRIL 20TH, 7:00P.M. - SOLID WASTE WORKSHOP TO BE HELD ON APRIL 20, 1999 AT 7~00P.M. MR. FERNANDEZ: Yes, Madam Chairman -- Chairwoman. Just one more. That's the proposed dates for the solid waste workshop, March 16th or April the 20th. COMMISSIONER CONSTANTINE: Madam Chairman, I had suggested April the 20th only because we have another workshop the 19th of March, and to have two workshops that week just seems like a little much. COMMISSIONER BERRY: The whole week is shot anyway. COMMISSIONER CONSTANTINE: There's no rush. CHAIRPERSON MAC'KIE: April, please. MR. FERNANDEZ: Okay. Also the matter of time of day? CHAIRPERSON MAC'KIE: It needs to be night, doesn't it? COMMISSIONER CONSTANTINE: Yeah, I think so. COMMISSIONER NORRIS: April the 20th? COMMISSIONER CONSTANTINE: Yeah. COMMISSIONER NORRIS: I sure hope I'm busy that night. CHAIRPERSON MAC'KIE: Me, too. Mr. Weigel. MR. WEIGEL: In regard to the April 20th date, we are scheduled for a hearing on writ of assistance to gain access for mappers and surveyors on Site L on May 3rd, hearing date May 3rd. I have been in contact with their attorney, Miss Passidomo, and -- she's been in contact with me, I should say, and the fact is is that I am at this point disposed to release our hearing date so that they don't have to prepare in case there isn't a hearing that may be held at this point. CHAIRPERSON MAC'KIE: You have to do that based on the earlier direction of the Board that nobody do anything else on Site L until -- MR. WEIGEL: Well, we don't have to do anything, but it's them that have to prepare. We're ready, but -- COMMISSIONER CONSTANTINE: Well, I guess unless the Board has already predetermined what they're doing, I am not comfortable releasing that date. I hate to have that -- you know, I know this is an ongoing thing, but we've been working on it seven years now. So I am not that enthusiastic. If we could have a hearing that night and possibly be talking in two weeks, it sounds as though that may be months otherwise, if you release that date. Page 170 February 23, 1999 MR. WEIGEL: It probably would be at least two months after that date. Now, I am not one to say that it takes weeks of preparation for that hearing either, quite frankly. COMMISSIONER CONSTANTINE: And it's not going to -- doesn't require any additional preparation from you-all? MR. WEIGEL: Not really. COMMISSIONER CONSTANTINE: I don't understand why we're doing that to accommodate somebody else if we're trying to protect -- we're in the job of protecting the county's position. MR. WEIGEL: Well, this clarifies my feeling but also I think will clarify for Miss Passidomo and her client the direction of the Board. CHAIRPERSON MAC'KIE: Well, I heard two differing opinions on that, so why don't we hear from the rest of the Board. Shall we release that date or, you know, I just want it to be a consensus of the Board, not just Commissioner Constantine. COMMISSIONER NORRIS: Let me be clear about why we would release the date. MR. WEIGEL: Well, they have to respond -- actually, they have to respond within twenty days of having been served, which would put them in a responsive next week. I can give them a letter saying they don't need to respond until April 20th or sometime thereafter. And I think that would suffice for them as far as their request goes. Nothing is required whatsoever. The hearing date is the hearing date. And the fact is to do them a courtesy if we think -- we don't know what is going to occur. So I can communicate to her that they don't have to do a response by next week, and that we will let them know immediately following the April 20th date, and they can govern themselves accordingly. COMMISSIONER BERRY: Well, you know how I feel about site L. CHAIRPERSON MAC'KIE: See, I am ready to let it go. That sounds like two votes to let it go, let the hearing date go. COMMISSIONER CONSTANTINE: I didn't hear that. CHAIRPERSON MAC'KIE: Am I right on that, Commissioner Berry? So that's two for letting it go, one for keeping it. You guys need to speak up. COMMISSIONER CARTER: I am for letting it go. CHAIRPERSON MAC'KIE: It's gone. MR. WEIGEL: Okay. What I will attempt to do is let it go without dismissing the case at this point and getting a new date subject to the desire of the Board. COMMISSIONER CONSTANTINE: Is there the possibility that you may have to dismiss the case when you let it go? MR. WEIGEL: I don't know for sure. I don't think so, but I don't know for sure. COMMISSIONER CONSTANTINE: Okay. MR. WEIGEL: It would be dismissed without prejudice. We could always refile. CHAIRPERSON MAC'KIE: Any other staff? MR. FERNANDEZ: Madam Chairwoman, I don't know if you're up to it or not, but we probably should get some guidance on the agenda for that workshop. CHAIRPERSON MAC'KIE: Well, since it's April, can we do that later and not today? Page 171 February 23, 1999 MR. FERNANDEZ: bring it up at another meeting. CHAIRPERSON MAC'KIE: Commissioner Berry, communications? you. I didn't think you were up to it. Okay. We will I wouldn't think of it. Commissioner Norris? No. Commissioner Carter? No, I don't have any. I am done. Thank COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: COMMISSIONER CARTER: CHAIRPERSON MAC'KIE: Commissioner Constantine? Item #15 - i COMMISSIONER CONSTANTINE REGARDING SUMMER RECESS SCHEDULE TO BE DISCUSSED AT 3/9/99 MEETING COMMISSIONER CONSTANTINE: I do have two items. We -- I distributed to each of you today a summer recess schedule. I talked with Mr. Smykowski as part of the budgeting process and our county administrator about that. And I am assuming that's fine with you, we will roll that next -- I always want to say next week. Next meeting we have scheduled a discussion on the budget and the schedule for that, what we're doing with that for processes. And assuming this works for you guys, we will roll that in as part of that process. CHAIRPERSON MAC'KIE: Certainly looked appropriate to me. Item #15 -2 COMMISSIONER CONSTANTINE DISCUSSION REGARDING LOBBYISTS IN TALLAHASSEE ON AN AS NEEDED BASIS COMMISSIONER CONSTANTINE: Second issue I had was, we had spoken once before briefly about securing the services of a lobbyist in Tallahassee on an as-needed basis, and not actually having to pay anybody, but having somebody up there who was familiar with Collier County and just being on-call the way we do with engineer or anything else. So that if there's something we felt passionate about, we had them up there. We talked about doing a bid on that and frankly it was Senator Dudley who had inquired about that and asked if we did that sort of thing. He knew we had had lobbyists some years and not had them and lobbied for ourselves some years and suggested that as an alternative. And I wondered if we had -- we had I don't think formally moved forward with that. And I wondered if there was any objection to moving forward and just having a request for qualifications so that we know who's out there and then define who's qualified and, again, not exchange any money, just have that qualified list so that if there's ever a need, theY're already on line and we're not scratching. COMMISSIONER CARTER: So we have a request for qualifications and we put it on as an agenda item for discussion at a future board meeting. CHAIRPERSON MAC'KIE: I think that's a much more efficient way of doing it. COMMISSIONER CONSTANTINE: That's all I am asking. Page 172 February 23, 1999 COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: That's fine. I have no objection to that. That's fine. Anything else? Had former Commissioner Matthews in mind. Item #15 - 3 COMMISSIONER MAC'KIE DISCUSSION REGARDING PLACING THE PUBLIC HEARINGS ON THE FIRST PART OF THE AGENDA CHAIRPERSON MAC'KIE: I have two brief communication items. One is just a question. We always get to this point where we're exhausted, but it continues to trouble me that we have a packed room full of people who come and sit here from nine o'clock in the morning until six o'clock at night. Is there some reason why we couldn't reverse the order of our agenda and do public hearings first so people can have a little more certainty about when they have to be here? COMMISSIONER NORRIS: You can do that, but then the people that came for the morning agenda are put in that other situation. CHAIRPERSON MAC'KIE: But generally that's not the regular folks. Generally that's people who are being paid to be here or it's our staff. COMMISSIONER CONSTANTINE: I don't know if that's true. I will give a couple of examples. If, you know, the roadway is going through for Livingston, it's Wyndemere or Briarwood that turns out. If it's a new park issue -- when it's Sugden Park, East Naples turns out. So I understand the frustration, but we have wrestled with this, and I don't know that there's an easy answer. MR. FERNANDEZ: I have an answer. CHAIRPERSON MAC'KIE: Good. MR. FERNANDEZ: You have the ability to amend your agenda at any time. And if you see a room full of people and you figure out that they're for an item that's late on the agenda, you can ask for the commission -- in fact, you did it today -- to bring an item up earlier on the agenda than the normal order would call for. And you have that ability to do that. The problem is that when you do, the people -- in fact, there's some people today who anticipated what time their item would be discussed and they felt that we had added some things in since the draft of the agenda they had seen. And, of course, there's always that potential when we amend the agenda at the beginning of our meeting. But you have that flexibility. If you want to take an item up, you see a room full of people, you can bring that one up and clear the room. CHAIRPERSON MAC'KIE: Okay. COMMISSIONER CONSTANTINE: I would think there are occasions and certainly there have been occasions in the last six years where we have done that when it's an extreme -- you've got a packed house. But if you got -- I think we need to be very careful not to, if you get twenty here and ten there, try to pick and choose, because the agenda turns into a hodgepodge. And the one person who's got -- the poor guy who has the last thing on the item -- last agenda on the -- last item Page 173 February 23, 1999 on the agenda is every bit as important and his time is every bit as important as those homeowners who were sitting here. And so I think it can be frustrating, but unless we have an extreme situation, I would rather keep it in the order it's advertised so that these people who are trying to plan have something to go by. COMMISSIONER NORRIS: That was a much more eloquent way of saying what I was going to say. If you switch your agenda around to try to be fair to somebody, you're by nature being unfair to somebody else. CHAIRPERSON MAC'KIE: Okay. I will just keep my eye on that. Item #15 - 4 COHMISSIONER MAC'KIE DISCUSSION REGARDING FISCAL IMPACT IN THE EXECUTIVE SUMMARY The only other comment was that I wanted you to know that I noticed that you changed your fiscal impact in your executive summary. I appreciate that. MR. FERNANDEZ: Thank you. CHAIRPERSON MAC'KIE: And also that just like in the fiscal -- you tell us that you -- you have a problem. You tell us what the impact fees are going to be, and that's based on a total buildout. But you tell us that you're not willing to give us a cost estimate because of the likelihood that not all of the authorized development will occur. It just seems to me that if you would go ahead and give us the cost estimate based on total buildout, we would have apples and apples. MR. FERNANDEZ: You put that assumption in there. CHAIRPERSON MAC'KIE: Yeah, right. It's just a comment and a thank you for changing it. Anything further, Miss Filson? MS. FILSON: No. CHAIRPERSON MAC'KIE: If not, we're done. *****Commissioner Norris moved, seconded by Commissioner Berry and carried unanimously, that the following items under the Consent and Summary Agenda be Approved and/or Adopted with changes***** Item #16A1 AGREEMENT ACCEPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REEF CONSTRUCTION ARTIFICIAL GRANT IN THE AMOUNT OF $25,000.00 Page 174 FEB 2 3 1999° DEP GRANT NO. OFMAS-I18 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF MARINE RESOURCES FLORIDA ARTIFICIAL FISHING REEF PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Mail Station 240, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Building H, Naples, Florida 34112. Whereas, the Department has received U. S. Fish and Wildlife Service (USFWS) Federal Aid in Sport Fish Restoration grant funds (CFDA No. 15.605) in support of the Department's marine artificial reef planning, assessment and development in Florida; and, Whereas, Section 370.25, Florida Statutes, created an artificial fishing reef program within the Department to, in part, provide grants and technical assistance to eligible nonprofit organizations for developing, monitoring, or evaluating saltwater artificial fishing reefs; and whereas, the Collier County Board of County Commissioners (hereinafter referred to as the "County") is a coastal local government as defined in Chapter 62R-9.002(4), Florida Admimstrative Code, and whereas, Chapter 62R-9, Florida Administrative Code, establishes rules for the administration of this grant program; and whereas, the County agrees to perform the services described herein, or hereinafter authorized upon the terms and conditions stated. Now, therefore, in consideration of the mutual benefits to be derived herefrom, the Department and the County do hereby agree as follows: The Department does hereby retain the County to perform the saltwater artificial fishing reef project as defined herein and the County does hereby agree to perform such services upon the terms and conditions set forth in the Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The County shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products, or materials necessary to perform this Agreement shall be supplied by the County or its subcontractor, unless specified herein. 3. The County shall perform as an independent contractor and not as an agent, representative, or employee of the Department. Page 1 of 9 F£8 2 t999. As consideration for the saltwater artificial fishing reef project as described in Attachment A (Scope of Services), completed by the County under the terms of this Agreement, the Department shall pay the County a sum not to exceed $25~000 on a cost reimbursement basis. All requests for payment and disbursement of funds shall be made in strict accordance with provisions of Attachment A and Chapter 62R-9, Florida Administrative Code. An itemized listing by category of all expenditures claimed along with supporting documentation for each amount for which reimbursement is being claimed is required. All itemized paid invoices/receipts clearly reflecting dates of service and submitted along with copies of canceled checks (or check numbers and certification of payment by the County) for payment reimbursement shall, under this Agreement be submitted in detail sufficient for a proper pre- audit and post-audit thereof, as required by the Department. This Agreement shall become effective upon execution by both parties and end on June 30~ 1999, inclusive. The saltwater artificial fishing reef project described in Attachment A must be completed by the end date of this Agreement. In accordance with Section 287.058(2), Florida Statutes, for contractual services exceeding the amount provided in Section 287.017, Florida Statutes for Category Two, the County shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. Reimbursement of payment by the County for any pre-deployment dive survey services for this project as described in Attachment A performed prior to the execution of this Agreement shall be allowed. In the event the saltwater artificial fishing reef project is not complete by said date, the Department will have the right to cancel its obligations of any and all financial assistance granted for the said saltwater artificial fishing reef project. The Department and the County fully understand and agree that there shall be no reimbursement of funds by the Department for any obligation or expenditure after expiration of the Agreement. The State of Florida's performance and obligation to pay under this Agreement, if the Agreement period extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and certification of the saltwater artificial fishing reef project funds forwarded in the FCO Grants category. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment upon receipt of a complete and accurate request for payment package; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected and approved. Invoice payment requirements do not start until a proper and correct invoice and other required supporting documentation have been received. Invoices which have to be returned to the County for correction(s) will result in a delay in payment. A Vendor Ombudsman has been established with the Florida Department of Banking and Finance who may be contacted if the County is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1- 800-848-3792. In accordance with Section 215.422, Florida Statutes, the Department shall pay the County interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection and approval of the goods and services. Interest payments of Page 2 of 9 FEB 2 3 1999 10. less than $1 will not be enforced unless the County requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking at the telephone number provided above or at the Department's Contracts Section at 850/922-5942. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by the Department of its sovereign immumty or the provisions of Section 768.28, Florida Statutes. The Department shall have no liability except as specifically provided for in this Agreement. The Department may terminate this Agreement at any time in the event of failure of the County, to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide the County written notification of any performance failures and the County shall have ten (10) calendar days, from receipt of notification, to consult with the Department regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective action, the Department may terminate this agreement by providing a minimum of fifteen (15) calendar days written notice to the County. Said notice shall specify the effective time and date of termination. Either the Department or the County may terminate this Agreement for convenience by written notice which clearly describes the basis for termination. Notice shall be sufficient if delivered personally or by certified mail to the addresses set forth in paragraph 11. 11. Any and all notices shall be delivered to the parties at the following addresses: 12. 13. Department: Mr. Jon Dodrill Environmental Admimstrator (Contract Manager) Department of Environmental Protection Office of Fisheries Management and Assistance Services Mail Station 240 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 County: Mr. Kevin H. Dugan (Contract Manager) Collier County Department of Natural Resources 3301 East Tamiami Trail, Building H Naples, Florida 34112 Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records under general law. This Agreement may be unilaterally canceled by the Department for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. The County shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to Page 3 of 9 FEB 2 3 1999 such records for audit purposes during the term of this Agreement and for three (3) years following Agreement completion. In the event any work is subcontracted, the County shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 14. A governmental entity receiving funds from a grants and aids appropriation by a state agency shall: For contracts valued at $25,000 or less: In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the County shall provide to the Department a sworn statement, signed by the County's chief officer under penalty of perjury, confirming that the County has complied with the provisions of this Agreement. The Department reserves the fight to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the sworn statement, or audit as applicable, shall be sent to each of the following within thirteen (13) months at~er the completion of the County's fiscal year in which this Agreement was completed. Jon Dodrill, Contract Manager Department of Environmental Protection 3900 Commonwealth Boulevard, MS 240 Tallahassee, Florida 32399-3000 -Audit Director Department of Environmental Protection 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 -Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 15. The Department's Contract Manager is Jon Dodrill, Environmental Administrator, telephone (850) 922-4340, FAX (850) 922-0463. The County's Contract Manager is Kevin Dugan, telephone (941) 732-2505, FAX (941) 774-9222. All matters shall be directed to the Contract Managers for appropriate action or disposition. 16. The County covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. Page 4 of 9 FEB 2 3 1999 - 18. No delay or failure to exercise any fight, power, or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereat~er. 19. The County recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on goods or services purchased under the terms of this agreement. 20. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. 21. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to discrimination in performance of the Agreement. 22. This Agreement is an exclusive agreement for services and may not be assigned in whole or part without the written approval of the Department. 23. The County shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Contract Manager. The County agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the County that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the County shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 24. To the extent required by law, the County. will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees and volunteers connected with the work of this project, and, in any case work is subcontracted, the County shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the County. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of workers engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the County shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his workers not otherwise protected. 25. The County warrants and represents that it possesses liability insurance, appropriate and allowable under Florida law, and that such insurance offers protection applicable to the County's officers, volunteers, servants, and agents while acting within the scope of their work with the County. 26. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms of this Agreement. 27. In accordance with Section 216.347, Florida Statutes, the County is hereby prohibited from using funds provided by the Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Pursuant to the Lobbying Disclosure Act of 1995, the County Page 5 of 9 FEB 2 3 19.99 28. 29. 30. 31. 32. 33. 34. agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specification, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase in the County's cost or time shall require formal amendment to this Agreement. The employment of unauthorized aliens by any subcontractor/vendor is considered a violation of Section 274A(e) of the Immigration and Employment Act. If the subcontractor/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The County shall comply with all applicable federal, state, and local rules and regulations in providing services to the Department under this Agreement. The County acknowledges that this requirement includes compliance with all applicable federal, state, and local health and safety rules and regulations. The County further agrees to include this provision in all subcontracts issued as a result of this Agreement. If the County brings to the performance of this Agreement a pre-existing patent or copyright, the County shall retain all fights and entitlement to that pre-existing patent or copyright, unless this Agreement provides otherwise. If any discovery or invention arises or is developed in the course of, or as a result of, work or services performed under this Agreement, or in any way connected herewith, the County shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or any other copyrightable material are produced, the County shall notify the Department. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. All materials to which the Department is to have patent rights or copyrights shall be marked and dated by the County in such a manner as to preserve and protect the legal fights of the Department. Prior to initiation of services under this Agreement, the County shall disclose, in writing, all intellectual properties relevant to the performance of this Agreement which the County knows, or should know, could give rise to a patent or copyright. The County shall retain all fights and entitlement to any pre-existing intellectual property which is so disclosed. Failure to disclose Page 6 of 9 FEB 2 3 1999 will indicate that no such property exists. The Department shall then, under Section 33 above, have the right to all patents and copyrights which arise as a result of performance under this Agreement. 35. The terms and conditions specified in Sections 32, 33, and 34 above shall also apply to any subcontract made under this Agreement. The County shall be responsible for informing the subcontractor of the provisions of these sections and obtaining disclosures. 36. The County agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under the Agreement. 37. The County shall include Attachment A of the Agreement verbat~'m in the sealed competitive bid description. All bid descriptions/project specifications must be approved in writing in advance by the Department's Contract Manager prior to public advertisement. 38. The County shall submit bid descriptions/project specifications to the Department's Contract Manager for approval within ninety (90) days following the execution date of this Agreement. 39. The County must send bid announcements to a minimum of five (5) contractors. Any request to use a sole source contractor must be justified in writing and approved by the Department's Contract Manager. 40. The County must send a summa~ of the vendor replies and recommended subcontractor to the Department's Contract Manager for written approval prior to awarding of any subcontracts. 41. The County shall include this entire Agreement, and all attachments, in all subcontracts issued as a result of this Agreement. Written contracts between the County and any vendors are required for any subcontracts exceeding $5,000 issued as part of this Agreement. 42. The County's Contract Manager must provide written or verbal notice of the proposed date(s) of artificial reef deployment to the Department's Contract Manager a minimum of five (5) days in advance of the deployment. 43. The County's Contract Manager or a designee who must be an employee of the County and who is in no fashion affiliated with the County's subcontractor is required to be on-site for each deployment of artificial reef materials. Photographic or video documentation of each deployment is required. Coordinates of the artificial reef location(s) must be taken with a Differential Global Positioning System receiver, and not converted from coordinates supplied by LORAN-C receivers. The actual location of the newly constructed artificial reef(s) and its vertical relief (in feet) must be verified and recorded by the County's Contract Manager or County designee by physically observing the material on the ocean bottom with a fathometer at~er the deployment operations have been completed. 44. No artificial reef materials other than those specified in Attachment A of this Agreement can be simultaneously transported on any vessel funded as a carder under this Agreement unless the additional materials are part of another project funded by the Department. 45. The Department will not reimburse the County for artificial reef deployments outside of the boundaries of the permitted reef site as described in the Army Corps of Engineers permit at the time of deployment. Page 7 of 9 FEB 2 3 1999 46. Written status reports shall be submitted to the Department's Contract Manager no less frequently than at 60 day intervals starting from the execution date of the Agreement. 47. Completed Materials Placement Reports (DEP-OFMAS form 34-403) must be submitted to the Department's Contract Manager within thirty (30) days at~er the deployment operations. 48. The County will provide all required close-out documentation to the Department within forty- five (45) days after the ending date of the Agreement. The County's Contract Manager shall certify, under penalties of perjury, compliance with provisions of this Agreement through the submission of a Certification of Completion, and said certification shall be submitted with the close-out documentation. 49. A. In accordance with Executive Order 12549, Debarment and Suspension 43CFR 12, the County shall agree and certify that neither it, nor its principals, is voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the County shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction by any Federal department or agency; and, that the County shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the United States Department of Interior to the Department. B. Upon execution of this Agreement by the County, the County shall also complete, sign, and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment B. C. As required by paragraphs A and B above, the County shall include the language of this section, and Attachment B in all subcontracts or lower tier agreements executed to support the County's work under this Agreement. 50. It is understood and agreed that since this Agreement is funded pursuant to a grant agreement with the United States Fish and Wildlife Service (USFWS) that the County will adhere to the provisions as applicable, as set forth in 43 CFR, Part 12 and Attachment C, (attached hereto and made a part hereof), excerpted and modified by the Department from 50 CFR Part 80. 51. The County agrees to recognize the role of Salt Water Fishing License Revenues and USFWS Federal Aid in Sport Fish Restoration funding in any publicity related to this project. 52. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK Page 8 of 9 FEB 2 3 1999 IN WITNESS WHEREOF, thc parties have caused this Grant Agreement to be duly executed, the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secrot~ry or Designee Pamela S. Mac'Kie, Chairwoman (Print Signatory's Name and Title) Collier County Natural Resources Dept. (Contractor) 3301 East Tamiami Trail, Building H (Address) DEP Contract Manager Naples, Florida 34112 (City, State, and Zip Code) FEID No. 59-6000-558 Approved as to form and legality: Collier County Remittance Address: EP Attorney 3301 East Tamiami Trail, Building H (Address) Naples, Florida 34112 (City, State, and Zip Code) *If someone other than the Chairman signs this authorizing that person to sign the Agreement on behalf of the County must. List of Attachments/exhibits included as part of this Agreement: Attachment A Scope of Senates (3 Pages) Attachment B Certification regarding Debarment and Suspension Attachment C Excerpt from 5OCFR Part 80 {2 Pages) Page 9 of 9 Approved as to form and legal sufficiency: Thomas C. Palmer, Asst. county Attorney Grant Agreement, a statement'~ ':. doCUm~mt ATTACHMENT A SCOPE OF SERVICES COLLIER COUNTY REEF DEVELOPMENT PROJECT OFMAS-118 The Department has awarded funds under this Agreement to complete the following saltwater artificial fishing reef project activities, as proposed in the County's competitive application for funding: 1. Loading and transportation of approximately 300 tons of clean concrete material acceptable to the Department. Load the artificial reef materials onto a suitable conveyance and transport to a site for loading onto a Coast Guard approved load line certified barge or other suitable vessel for offshore movement. Load the material onto a vessel for transportation to the designated reef sites. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured to allow for its safe transport during both inshore and offshore transits. An inventory must be provided to the Department's Contract Manager as part of the Materials Placement Report, of the number of individual concrete pre cast culverts or other precast concrete units used and the dimensions of these units. If concrete rubble is used, the source of the rubble must be identified as well as the tonnage indicated. Additionally, the barge dimensions, the draft of the barge dockside without the reef materials on board and the dra~ of the barge dockside with the reef materials loaded must be provided. 2. Deployment of reef material. During the deployment of the reef material, at the site, the transport vessel must be effectively moored through double anchoring, spudding or otherwise held securely in place with minimal movement (+/-50 feet) to ensure accurate and concentrated placement of reef material on the bottom. The material must not be widely scattered but cjustered. Habitat complexity should be emphasized. Vertical relief of the constructed reef shall insure the authorized minimum fii~een feet Mean Low Water is maintained. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel as well as the County observer's vessel shall be equipped with a working, accurate Differential GPS unit, a working VHF radio, and an accurate fathometer. Effective and reliable communications shall exist at all times between the tug, barge, and the designated County observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. The County observer reserves the right to suspend off-loading operations if positioning and other deployment objectives are not being met or if changes in sea or weather conditions or other circumstances place personnel or equipment in harm's way. 3. Engineering services associated with the reef project. Up to $1,800 of the available project funding may be utilized for the following: a. Observation vessel rental, if a vessel is needed to serve as the County Project Manager or designee's observation and buoy deployment platform (up to $500 per observation day). The designated observation vessel must be equipped with a Differential GPS unit, accurate fathometer, and a VHF radio. DEP Contract Agreement No. OFMAS-116, Attachment A, Page 1 of 3 1999 b. Equipment purchase (buoys, lines, anchors, for temporary marking of reef sites in advance to assist the subcontractor; (up to $200). c. Post deployment dive assessment of reefs to map/provide videography of material, orientation and relief, (up to $500 for diving mapping survey with written report, videography and/or color slides provided). d. A pre deployment bottom survey is required for this project prior to placing any material on the bottom (up to $500 for a diving survey and written report). e. Miscellaneous expenses ($100). 4. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. DEPLOYMENT LOCATION OF REEF UNITS 5. In accordance with the information submitted in the County's 1998-99 artificial reef competitive grant application, materials will be placed to form a single reef in the southern quadrat within the boundaries of the permitted reef site known as the Caxambas Five Mile Reef. The deployment location center, and permit site comer coordinates are described as follows: North Latitude West Longitude Deployment Center 25° 51.90' 81° 47.82' Depth: 30 feet Northwest Corner 25° 52.75' 81° 48.19' Northeast Corner 25° 52.75' 81° 47.65' Southeast Corner 25° 51.75' 81° 47.65' Southwest Corner 25° 51.75' 81° 48.19' The County's Caxambas Five Mile permitted reef site is a square about one nautical mile on a side. The proposed deployment location is about 4.6 nautical miles on a bearing of 237° from Caxambas Pass. REEF DEPLOYMENT OVERSIGHT. 6. The County's Contract Manager shall oversee the temporary marking of the patch reef deployment location in advance of reef unit deployment in order to assist the subcontractor in the proper placement of reef materials. The markers shall be colored buoys no less than 12 inches in diameter and sufficiently anchored so that they will not drift off the designated deployment sites prior to deployment. Great care must be taken to insure materials are not placed outside the permitted area. The Department will not pay for materials placed outside the permit areas as described at the time of deployment. 7. The County's Contract Manager or County employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the Differential GPS coordinates of the individual reef placement(s) as well as the maximum vertical relief in feet of the constructed reef(s). DEP Contract Agreement No. OFMAS-118, Attachment A, Page 2 of 3 FEB 2 3 1999_ 8. Both the County and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart, and the proposed patch reef coordinates. The County observer shall also be in possession of a copy of the permit for the approved site where the deployments are taking place. 9. The County agrees to allow the Depaxtment to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and at~er the deployment. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 10. Upon initiation of the loading and transport of the reef material by the County's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. FUNDING SOURCE AND PAYMENT SCHEDULE 1 I. The County shall be reimbursed by the Department in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submittal of all required project close out documentation no later than 45 days at~er the end date of the Agreement. 12. Funding for this project is derived from State Saltwater Fishing License Revenues used as a state match as part of a Federal Aid in Sport Fish Restoration Grant. PERFORMANCE 13. Failure to complete the above described saltwater artificial fishing reef project by the ending date of the Agreement, failure to maintain regular communications with the Department's Contract Manager on project issues, and/or noncompliance with one or more conditions of this Agreement may adversely affect the ranking of the County's grant application for 1999-2000 fiscal year artificial reef funding. REST OF PAGE INTENTIONALLY LEFT BLANK DEP Grant Agreement No. OFMAS-118, Attachment A, Page 3 of 3 A rACm EN FEB 2 1999 CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and sub'contractors under DEP GRANT AGREEMENT: OFM. AS-118 The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by aay Federal department or agency.. The undersigneffalso certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezT_lement, theft, forgery, bribery, falsification or destruction of records, ranking false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2. (a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. be attached to this certification. Where the undersigned is unable to certify to any of the statements in this certification, aa explanation shall -?- · ', ':t ~ ~,'FI'EST: .... ~". 'c-: ~ D,, GHT. Fz~-<~ ~:t ~ , ~ ~,: ,~, Authorized S~gnature2'C~//ttactor / -]~ ~~ Pamela S. Mac'Kie, Chai/rwoman % .' Typed Namefritle Collier County Government Contractor's Finn/Nme 3301 East Tamiami Trail Street Address Administrative Building Building, Suite Number Approved as to form and legal sufficiencD Thom. C. Palrher, Assistant County Attorrmy Naples, Florida 34112 City/State/Zip Code (941) 732-2505 Area CodeFFelephone Number DEP FORM 11-043 Rev(05/95) DEP Grant Agreement No. OFMAS-118, Attachment B, Page 1 of 2 2 3 1999 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Enviromnental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. The certifying party further agrees by executing this contract that it will include this clause rifled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non procurement List (Telephone No. (202) 501-4740 or (202) 501-4873). Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transaction authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 11-043 Rev(05/95) DEP Grant Agreement No. OFMAS-118, Attachment B, Page 2 of 2 FEB 19§9 ATTACHMENT C Based on and excerpted from - 50 CFR, Part 80* (Code of Federal Regulations) *As modified by the Department (DEP) ACQUISITION OF REAL PROPERTY Pursuant to the provisions of 50 CFR, Part 80, (Code of Federal Regulation) real property acquired or constructed with Federal Aid funds must continue to serve the purpose for which acquired or constructed. In the event that such property is no longer needed or useful for its original purpose, the property shall be used or disposed of as provided by Attachment N of OMB Circular A-102 and OMB Circular A-110, as applicable. ALLOWABLE COSTS All costs shall be supported by source documents or other records as necessary to substantiate the application of funds. Such documentation and records are subject to review by the Secretary of the Interior/and or the DEP or its authorized representatives to determine the allowability of costs. AUDITS The Contractor is required to conduct an audit at least every two years in accordance with the provisions of Attachment P of OMB Circular A-102 and OMB Circular A-110, as applicable. Failure to conduct audits as required may result in withholding of grant payments or such other sanctions as the Secretary may deem appropriate. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). ACCESS TO RECORDS The Contractor shall maintain current and complete financial, property and procurement records in accordance with requirements contained in the Federal Aid Manual and OMB Circular A-102 and OMB Circular A-110, as applicable. The DEP, State of Florida, or any other authorized agency(ies) or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The Contractor will provide facilities for such access and inspection. (a) Financial, supporting documents, and all other records pertinent to a project shall be retained for a period of three years after submission of the final expenditure report on the project. If any litigation, claim, or audit was started before the expiration of the three-year period, the records shall be retained until the resolution is completed. Records for non-expendable property shall be retained for a period of three years following final disposition of the property. DEP Grant Agreement No. OFMAS-118, Attachment C, Page 1 of 2 FEB 2 1999 (b) Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph A of this clause shall have access to records at any reasonable time for as long as the records are maintained. (c) The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, and/or the DEP or its authorized representatives shall have access to any pertinent books, documents, papers and records of the Contractor. ASSURANCES It is mutually agreed that the parties shall comply with all applicable Federal Laws, regulations and requirements as they relate to the application, acceptance and use of the Federal funds under the Federal Aid Acts, to the extent permitted under Florida Law. The Secretary of the Interior shall have the right to review or inspect the project for compliance at any time. Upon determination of noncompliance, the Secretary of the Interior may terminate or suspend those projects in noncompliance, or may declare the State ineligible for further participation in program benefits until compliance is achieved. PAYMENTS Projects proposals must include a complete schedule of payments to complete the project. No costs for interest of financing shall be claimed for reimbursement. SYMBOLS As a recipient of Federal Aid Funds as described in 50 CFR, Part 80.2, the Contractor is authorized to display the appropriate symbol(s) on areas such as wildlife management areas and fishing access facilities, acquired, developed, operated or maintained by these grants, or on printed material or other visual representations relating to project accomplishments. The Contractor, as user of the symbol(s) shall indenmify and defend the United State and hold it harmless from any claims, suits, losses and damages arising out of any allegedly unauthorized use of any patent, process, idea, method or device by the user in connection with its use of the symbol(s), or any other alleged action of the user and also from any claims, suits, losses, and damages arising out to alleged defects in the articles or services with which the symbol(s) is associated to the extent permitted under Florida Law. The symbols as depicted in 50 CFR, Part 80, may not be used in any other manner except as authorized by the Director, U.S. Fish and Wildlife Service. Unauthorized use of the symbol(s) will constitute a violation of section 701 of Title 18 of the United States Code and subject the violator to possible fines and imprisonment as set forth therein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Grant Agreement OFMAS-118, Attachment C, Page 2 of 2 February 23, 1999 Item #16A2 RESOLUTION 99-119 AUTHORIZING THE COUNTY ADMINISTRATOR TO SUBMIT A $750,000 ECONOMIC DEVELOPMENT GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 1999 Page 175 FEB 2 3 1999 RESOLUTION NO. 99- 119 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AUTHORIZE SUBMISSION OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT UNDER THE ECONOMIC DEVELOPMENT CATEGORY TO ASSIST WITH THE CONSTRUCTION OF A MANUFACTURING INCUBATOR FACILITY AT THE IMMOKALEE REGIONAL AIRPORT INDUSTRIAL PARK AND FOREIGN TRADE ZONE. WHEREAS, the Florida Department of Community Affairs awards grants through the Small Cities Community Development Block Grant . Program of up to $750,000 to qualifying cities and counties for projects that benefit low-and moderate-income persons, aid in the prevention or elimination of slums or blight, or meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs; and WHEREAS, a city or county may apply each cycle for a Community Development Block Grant for Economic Development based on the number of jobs created and the amount of private capital leveraged; and WHEREAS, applications for this grant will be graded and ranked for funding by the Florida Department of Community affairs; and WHEREAS, the Florida State Legislature and the Federal Government, in 1999, have made available the amount of $10,000,000 for which over 160 cities and counties in the state of Florida will compete; and WHEREAS, to be competitive, applications for these funds must be filed with or mailed to the Department of Community Affairs to reach their office on or before 5:00 p.m. March 31, 1999. FEB 2 3 1999 WHEREAS, the regulations of the Florida Department of Community Affairs and the Federal Government require that two (2) Hearings, that are open to the public, be advertised and held prior to submitting the application; and WHEREAS, the County did advertise for the first hearing on December 28, 1998, and the hearing was held in Meeting Room "E" in the Community Development Building, located at 2800 Horseshoe Drive, Naples, Florida on January 4, 1999, and the second hearing was advertised February 8, 1999, and the hearing held in Meeting Room "G" in the Community Development Building, located at 2800 Horseshoe Drive, Naples, Florida on February 15, 1999; and WHEREAS, in an area known as the Immokalee Regional Airport Industrial Park and Foreign Trade Zone, as described in Exhibit A attached here to and also described in County ordinance number 95-67 (the Immokalee Regional Airport Industrial Park and Foreign Trade Zone), is in the preliminary stages of constructing several Manufacturing Incubator facilities to assist Low to Moderate (LMI) Income residents by helping to create new jobs for LMI households. As part of this project, they have requested that one of these 15,000 SF buildings be provided using grant funding for a portion of the project, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Collier County Board of County Commissioners hereby directs the Collier County Department of Housing and Urban Improvement to prepare, or cause to be prepared, an application to the Florida Department of Community Affairs for an Economic Development grant of up to $750,000. The funds from this grant are to be used to provide the basic construction of the outer building, HVAC systems, sanitary sewer lines, water lines, and pave the parking lots in the Immokalee Regional Airport Industrial Park and Foreign Trade Zone. FEB 2 3 1999 The Board of County Commissioners hereby authorizes the County Administrator to sign the application and other documents pertaining to the application, to accept the grant funds on behalf of the county, and to act on behalf of the Board of County Commissioners to'sign all documents, including the quarterly reports, necessary for grant administration, if the County receives the award of either grant. BE IT FURTHER RESOLVED that this Resolution be recorded by the Official Clerk of Courts in the Public Records of Collier County, Florida. ADOPTED this ~3~ day of February, 1999. ATTEST: DWIGHT,-E ~ . BROCK, CLERK ;'.~: , "., ~,,'.,. ~. ~! ,j ,., , Ap~oved-xa~N~o rom and Lega~, sufficiency: BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Assistant County Attorney Exhibit "A" The Immokalee Regional Airport Industrial Park and Foreign Trade Zone 213 is a proposed 20 AC (plus or minus) Industrial Development located in Sections 2 and 3, Township 47 South, Range 29 East, and is generally bordered on the west by the New Terminal of the Immokalee Regional Airport; on the north by a 5,000 ft runway of the Immokalee Regional Airport,; to the east by a vacant parcel of property of the Immokalee Regional Airport that is zoned Industrial, and the south by County Road 846 (Immokalee Road). (See Attached Maps) T47S !rE[} 2 3 1999 T 46S i i I T 47 S I i I I I I I i I I i I I I I I i I I T46S I IMMOKALEE REGIONAL AIRPORT IHDUSTt-~IAL PARK & February 23, 1999 Item #16A3 FINAL PLAT OF KATHLEEN COURT - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY Page 176 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS ms coNs ucTioN ^CREEm FOR SU D WS ON IMPROVEMENTS entered into this ~.~-~ day of ..__~ _.C~ , 1999 between 5590 Shirley Street Land Trust, A Florida Land Trust, 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: KATHLEEN COURT B. Division 3.2. of the Collier County Land Development Code requires the Developer to post appropriate guarantees for thc construction of the improvements required by said subdivision regulations, said guarantees to loc incorporated in a bonded agreoment 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: I. Developer will cause to be constructed: Water, Sewer, Paving and Drainage within 36 months from the date of approval of said subdivision plat, said improvements hcreinat~er 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 $121,649.51 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete thc required improvements at the date of this Agreement. 1 of 4 2 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year aRer 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. 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 or work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a 2of4 !999 F£B statement of substantial completion by the Developer's engineer together with the projectrecords necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight 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. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~/'/) day of _}_~e~~ __~ 1999. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: itness / Printed or Typed Name Witness Printed of'Typed Name DEVELOPER 5590 Shirley Street Land Trust A Florida Land Trust 3of4 Kathleen M. Bailie Trustee FEB 2 3 199g D~:~ B~OCK~ CLERK '.. '~ :,'.':*~: :~ t '.",_ ~',/~"' >~. _ ..- ~6~ to fora ~d le~ ~cien~: '.~ ~.~M ~ ~ ~ .)  ~ahd C. Wiege[ Co~ A~om~ BOARD OF COUNTY COIVIMISSIONERS OF COLLIER COUNTY, FLORIDA 4 of 4 hnd\c :\winwordBtaflflccn \cmsnbim. doc COLLIER COUNTY LAND DEVELOPMENT CODE ~.~ 2 3 1999 PERFORMANCE BOND 79-0120-51280-98-5 KNOW ALL PERSONS BY THESE PRESENTS: that 5590 SHIRLEY STREET LAND TRUST 5590 Shirley Street, Naples, FL 34109 (hereinafter referred to as "Owner") and UNITED STATES FIDELITY AND GUARANTY COMPANY P.O. Box 31143, Tampa, FL 33631 (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 One Hundred and Twen~ Or~e Thou~a,d, Six Hundred and Forty Nine Dollars and Fifty One Cents ($121,649.51) in lawful money of the United States, for the payment of which sum well and waly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fLrmly 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 Kathleen Court 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 the Surety to the full and faithful performance in accordance with 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 24Ch dayof November, 1998 . WITNESS ~i-~ Q_.g,CX~.xk~ Katie M. Plumley OWNER: 5590 SHIRLEY STREET LAND TRUST KATHL~EN BAILIE, TRUSTEE STATE OF FLORIDA COUNTY OF COLLIER Page 2 The foregoing instrument was acknowledged beore me this 24th day of November 1998 by Kathleen Bailie, as Trustee of 5590 Shirley Street Land Trust. She is personally known to me and did take an.~m:M. ~_,~,.,,,. .- ..... . .. - j Commission Expires: ~iL~ ~'~/l~ .V? [ '":"..~'*~ March30,2001 ~[ ~k~0,uPll~s \ ~ //~qame'~JosephM. Restino ~ tl~, I1: 818~ I ~ Notary Pubiic, State of Florida · ~ · ! ~ · . ~O~.. ~ _ ..,~ ~ Commission No. CC 618202 r" ~d~'l; ~ZI/'/ V . ...~/i~/'[. UNITED STATES FIDELITY W~I~E~S '- gandra J ~"gt~{tzman - A]qD GUARANTY CO./-~/ tWlTNES$ /'/ Shirley L. Reinhardt ELE/~IOR 1~ aARtE~Y',A'I~OP~EY-IN-i~'A~T ~ AND LICENSED FLORIDA AGENT' 3 199 SIGNED, SEALED AND DATED THIS 24TH day of November , !9 98 - 1~ ! ofAJ~rgey-In-Fac~ignamre) ~/./q// . ' ~ Countersigned:t~//~/'/ff,/YL /~. ~L~/t~.~ ~, - / ~-- Ffo~da Resident Ag~ - - [ ~ ~e follow~g Statement to be completed reg~d~g ~e Ho~ R~ident Agent only: STA~ FLORIDA CO~ OF S~SOTA Before me, ~e above signed au~ofi~, pe.o~ily appe~ed ELE~OR N. G~IEPY , who is personally ~o~ to me or has produced personally ~o~ (~e of iden~ficafion) identification and is duly swo~ d~os~ and says ~t ~she is a duly au&ori~d ~surance agent pro.fly licensed under ~e laws of~e State of Florida to gpresent ~ITED STATES FIDELI~ ~ GU~ CO~ of Baltimore ~ Naryland , a ~mpany authored to make co.orate Sure~ Bonds under the laws of Floida ~d acceptable as Sure~ on F~eral Bonds ~d ~at he h~ signed or countersigned ~e above bond on thek be~f. Swo~ ~d subsc~bed to beore me ~is 24 r h 8~I~EY ~. REI~T SHIRLEY L. REINHARDT Notary Public, State of Florida My Comm. Expiros dan. 3, 2002 No. CC696497 dayof November ,1998 Notary Public, State of Florida at Large. My commihsion expires: 5anuarv $, 2002 United States Fidelity and Guaranty Company Power of Attorney No. 110258 1749139 Know alt men by finese presents: That United States Fidelity and Guaranty Comlmay. a corporation organized and existing under fine laws of fine State of Maryland and having its principal office at fine City of Baltimore. in the State of Maryland. does hereby constitute and appoint W o P o Cannon, ~A~"L1:hony T o Papa, Jr., Eleanor M. Gariepy and Alan K. Shoop of the City of Seres o Ca , State of Florida its tree and lawful Attome~s)-in-Fact, each in their separate capacity if mom than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature finereof on behalf of the Company in its business of guaranteeing the fidelity of parsons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said United States Fidelity and Guaranty Company, has caused finis instrument to be sealed with its corperate seal, duly attested by fine signatures of its Vice Presideflt and Assistant Secretary, this 7th dayof March ,A.D. 1997. ( ~~ (Signed) {Signedl State d Me.land } SS: Baltimore City ) On finis 7th day of United States Fidelity and Guaranty Comlmny._L..~.~' Vice ~sident March , A.D. 19 97 , before me personally came Gary A. Wilson. Vice President of United States fidelily nnd Guaranty Company. and Thomas E. Huibregtse, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly swam, said, that th~, fine said Gary A. Wilson and Thomas E. Huibregtse were respent~ely fine Vice President and the Assistant Secretary of fine said United States Fidelity ind Guaranty company, fine corporation described in and which e~ecuted the foregoing Power of Attorney;. that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of fine Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and AssisTant Secretary. respectively, of the Company. My commission expires the 1St dayof Aug~kSt A.D. 1998. ~ . ~ . ,gned, 8y .... ., ..... .,........ !. (wu.ut ~ _-.: 'Notary Public~ This Power of Attorney is granted und~ and I~ authority of the following Resolutions edol~d by the I~ard of 0irecmrs of the United ~tate$ Fidelity and 6unraaty comlink/on September 24. 1992: Reseled. the! in connention with the fidelity and surety i~urance bu~ine~ ~f the company, all Ix~l~. und~lakings, mnlre~ and other inslmmard~ relating to said Ix~inass may be signed, executed, and acknowledged by persons or endtiea appointad es Atmme~sJ-in-Fact pursuant to a Power of Attorney issued in ecsordance with these resolutions. Said Poweds} of Attorney for and on behalf of fine Company may and shall be executed in I~ name and m behalf of the Company. either by fine Chairman. or fine President. or an Executive Vice Preaidmt or a Senior Vice President, or a Vice President or an Assistant Vice President ioinay with the Secretary or an Assistant Secretary. unda' their respac~ve designations. The signature of such officers may be ~Taad. Finted or lifinographed. The signature of each of fine foregoing officers and fine seal of ~ Company may be affixed by facsimile to any Power of Atmreey or to any certificate relating finerem appointing Attornel~sHn-Fact for purposes only of executing and at/asting bonds and undertakings and other writings obligatory in fine natom thereof, and subject te any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding ugnn the Company and any such Ix~w~r so execu~l end ce~fied by such facsimile signature and facsimile seal shall be valid and binding upon Ihe Company wifin respect to any bond or undertaking te which it is validly at~ached. Resel~nd. That Attocne~s)-in-Fact shall have fine pow~ and authority, and. in any case. subject to fine terms and limitations of the Powa~ of Attorney issued to them. te e~soute and deliver on behalf of the Company and to attach the seal of fine company to any and ell bends and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attemey(s}-in Fact shall be as binding upon fine Core,ny as if signed by an Exacut~ Officer and sealed end attested to by the Secretary of the Company. I. Thomas E. Huibregtsa. an Assistant Secretary of the United Stete~ Fideli~ nad Gamut,/comlink/, de hereby certify that Ibe fotegmng are true excerpts lrom fine Resolutions of the said Company as adopted by its Board of Oirectms on September 24. 1992 and that It,.sa ResoMions are in full force and effec[ I. fine undersigned Assistant Sacratan/of fine United ~tatea RdeliW end Guaraaty Compaq. do hereby certify finat the foregoing Pow~ of Attemey is in full force and effect and has not been revoked. In Testimony Whereof. I have hereunTa set my hand and the seal ol the United States FideliW ad Guara~/Coaling/. onthis 241:6 da¥of ~ovember ,19 98 ./ COLLIER COUNTY LAND DEVELOPMENT CODE ,-r' ~ ) -2 ~000 PERFORMANCE BOND 79-0120-51280-98-5 KNOW ALL PERSONS BY THESE PRESENTS: that 5590 SHIRLEY STREET LAND TRUST 5590 Shirley Street, Naples, FL 34109 (hereinafter referred to as "Owner") and UNITED STATES FIDELITY AND GUARANTY COMPANY P.O. Box 31143, Tampa, FL 33631 (hereinafter referred to as "Surety") are held and fu-mly bound unto Collier County, Florida, (hereinafter referred to as "County") in the to~al aggregate sum of One Hundred and Twenty One Thousand. Six Hundred and Forty Nine Dollar~ and Fifty On-Cents ($121,649.51) in lawful money of the United States, for the payment of which sum well and lruly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fu'mly by these presents. O~mer 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 Kathleen Coulg 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 Owners 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 the Surety to the full and faithful performance in accordance with 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 24th dayof November, 1998 WITNESS ~,~ .~-~_ wrr Ess Katie OWNER: 5590 SHIRLEY STREET LAND TRUST KATHLEEN BAILIE, TRUSTEE c~r~ 9 A tqqq STATE OF FLORIDA COUNTY OF COLLIER Page 2 The foregoing instrument was acknowledged beore me this 24th day of November 1998 by Kathleen Bailie, as Trustee of 5590 Shirley Street Land Trust. She is personally known to me and did take an oat_.h.~,?,,,!,,,,,,,,. .'.,,,,, _-. Commission Expires: ~ .~ .' March 30. 2001 = : g0]0I§ )) 'oN k ~///Name' Joseph M. Restino ~ { I00~ '0~ ~lv, i J Notary Public, State of Florida ~ '".$1)J)dx1'l~lll03.': ~ Commission No. CC618202 SURETY: ,,..,... ... ,-~- ~-~~~ l/. ~~/~''''''°'''''''''''' UNITED STATES FIDELITY ~/]TNESS Sandra J. Stutzman AND GUAP~NTY ~WITNESS ~3h±rley L. Reinhardt ELEANORK GARIEP¥~A RNEY- -FACT AND LICENSED FLORIDA AGENT SIGNED, SEALED AND DATED THIS 24TH day of November ,1,9 98 NAME OF SURETY: UNITED STATES~EIDELITY. AND GUARANTY COMPANY (Affix Surety Seal) .. - Agent of P~llomey-In-Fact (Sig{'Atu~) - ~ J~' (Printed Name) Countersigned r~ '~"~ ' - Florida Resident Agent {~ ~t [ The following Statement to be completed regarding the Florida Resident Agent only: STATE FLORIDA COUNTY OF SARASOTA Before me, the above signed authority, personally appeared ELEANOR M. GARIEP¥ , who is personally known to me or has produced personally knowrl (type of identification) identification and is duly sworn, deposes and says that l~she is a duly authorized insurance agent properly licensed under the laws of the State of Florida to represent UNITED STATES FIDELITY AND GUARANTY COI~AI~ of Baltimore ~ Maryland , a company authorized to make corporate Surety Bonds under the laws of Floida and acceptable as Surety on Federal Bond~ and that he has signed or countersigned the above bond on their behalf. Sworn, and subscribed to beore me this 24th SHIRLEY L. REINHARDT Notary Public, State of Florida My Comm. Expires Jan. 3, 2002 No. CC696497 day of November ,1998 Notary Public, State of Florida at Large. My commission expires: January 3, 2002 United States Fidelity and Guaranty Company Power of Attorney No. 110258 1749287 1999 Know ali men by these presents: That United Sta~s Fidel~ and GuaranW Company, a corporation organized and exi~ng under the laws of the State of Maryland and having ,ts principal office at the City of Baltimore. in the State of Maryland. does hereby constitute and appoint W. P. CarLnon, AnChony T. Papa, Jr., Eleanor M. Gariepy and Alan K. Shoop of b~e City of Sarasota . State of Florida its mJe and lawful Attome~sFin-Fect each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bunds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and underlakings required or permitted in any acdons or proceedings allowed by law. In Witness Whereof, the said United States Fidelity and Guaranty Company, has caused this instrument to be sealed with its corporate seal. duiy attested by the signatures of its Vice President and Assistant Secretary, this 7 th day of Mar ch , A.D. 199 7. United Stiles fidelity and Guaranty Compl?~..,./ (Signed} By ............ ~.'.~.. '.~.~. :. ' .~...~ ........... · Vice President ,Signed, By .... ~....~~...~:.~~ ............. r, Assistant Secretary Stato of Ma~/land ) . $$: Baltimora Chy ) · Oflmis 7th dayof March ,AD. 1997 . before me personally came Gary A Wilsen, Vice Pre~ideflt of United Slltea Fidelity lnd 6uafamy Company, and Thomas E. Huibregtse, Assistant Senmtery of said Company, with buth of whom I am personally acquainted, who being la' me severally duly sworn, said, that they, ~e said Gary A. Wilson and Thomas E. Huibreome were respectively the Vice President and the A~isteot Secretary of the said Unimd Slams RdMiql' lid Guaram Company, the comoration desuribed in and which executed the foregoir~ Power of Attorney; that they each knew the seal of said corporation; that h'm seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the 8oard of 0irectom of said corporation, and that they signed their names thereto by like order as Vice President and Assismnt Secretory, respectively, of the Company. My Commission expires the lac dayof August A.D. 1998, !. (,,,u~c , ~t 'Notary Public~ This Power of Attorney is granted under and ~ authority of the following Resolutions adopted by the Board of Directors of the United States Fidality and Guarani,/Company on September 24. lg92: Resolved. that in connection with the fidelity and surety insurance Icmsiflasl of the Comaany, all bonds, undermkings, coronets and other insltuments relating to said business may be signed, executed, and acknawiedgnd by persons or entities appointed as Attomey(s}-in-Fas! pursuant to a Powe~ of Attorney issued in accordance with these resolutions. Said Pow~s} of Attonmy for and on behalf of the Company may and shall bu executed in the name and co behalf of the Company, either by the Chairman. or the President, or an Executive V~ce President. or a Senior Vice President or a Vice President or an Assistant Vice President. jointly with the Secretory or an Assistant Secretary. undor their respective designations. The signature of such officers may be ~gravad. printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or lo an/certificate relating thereto appointing Allom~sFin-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligutery in the nature thereof, and subject to any limitations set forth Ifmmin, any such Power of Attorney certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bued or undertaking to which it is validly atlached. P,e~olvnd. That Attemel~s}-in-Fact shall have the power and authority, and. in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatnry in the nature thereof, and any such instrument executed by such Attorney(sHe Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and arrested to by the Secretary of the Company. I. Thomas E. Huibrngtse, an Assistant Se~eiary of the United ~lates Fidali~ end gaarant,/Compaq, do hereby certify that ltm foregoing are lrue excerpts from the Resolutions of the said Company as adopted by its Board of Oimcters on September 24. 1992 and that lf~so Resolutions am in full force and effect I. the undersigned Assistant Secretary of the United ~latl$ Fidelity and 6#aramy Company, do hereby cer~ty that Itm foregoing Powor of Atlomey is in full force and effect and has not bean revoked. In Testimony Whereof. I have hereunto set my hand and the seal of the United Sta~s Fideli~ and guaranty Company, onthis 24th dayof November ,19 98 .................................. .... FS 3{12/~) ATTORNEY'S AFFIDAVIT REGARDING 5590 SHIRLEY STREET LAND TRUST BEFORE ME, the undersigned authority, on this ~,-L/ day of January, 1999, personally appeared TIMOTHY G. HAINS, who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is TIMOTHY G. HAINS. I am over the age of twenty-one (21) years, and otherwise sui juris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar #173711, authorized to practice in the State of Florida. My business address is: 4501 North Tamiami Trail, #300, Naples, Florida 34103. My business telephone number is: (941) 262-5959. My business mailing address is: 4501 North Tamiami Trail, #300, Naples, Florida 34103. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County to accept the submission of the subdivision plat of KATHLEEN COURT with regard to the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. The Affiant has examined the instrument known as 5590 SHIRLEY STREET LAND TRUST (the "Trust") which is the record owner of the real property described. 5. That pursuant to the introductory portion of the Trust, Kathleen Bailie, Jos. D. Bonness, Jr., and Daniel J. Kelly (the "Trustees") are appointed as Trustees of the Trust, and attached hereto as Exhibit B is a true and correct copy of that page. 6. That attached hereto as Exhibit C, is a true and correct copy of Section 3(a)of the Trust which sets out the powers of the trustee(s). Such pages are true and correct copies of those pages of the Trust which has not been revoked, terminated, modified or amended. 7. Holders of in excess of fifty-one percent (51%) of the beneficial interest of the Trust have directed the Trustees to execute the plat of KATHLEEN COURT and to do any act or.execute any instrument as may be requested by the Board of County Commissioners of Collier County, Florida, to complete the platting process of KATHLEEN COURT. 8. That the Trust has been validly formed and is in full force and effect. 9. There are no contrary power or restrictions in the Trust instrument regarding these powers. 10. Affiant further states that the information contained in this Affidavit is, to the best of his knowledge, true, correct and current as of the date this Affidavit of Title is given, except as otherwise provided herein. Print Name: ~ -& ~ ~.~',~ ~-~imothy ~Z ~/~s, ESq. ~ Florida Bar Number: 173711 QBNA~ 172OO7. ARTICLES OF INCORPORATION OF KATHLEEN COURT PROPERTY OWNERS ASSOCIATION, INC. FEB 2 3 1999 The undersigned hereby establishes the following for the purpose of becoming a nonprofit corporation under the laws of the State of Florida, by and under the provisions of the statutes of the State of Florida providing for the formation, liability, rights, privileges and immunities of a corporation not for profit. ARTICLE I Name and Address .of Com. oration The name and address of this Association (hereinafter the ~Association') stii[~be~ KATHLEEN COURT PROPERTY OWNERS ASSOCIATION, IN~i~ ~'~ 5590 Shirley Street Naples, FL 34109 ARTICLE II ~oses 7 KATHLEEN BAILIE, D~IEL J. KELLY and JOS. D. Bo~ss, ~., as Co- Trustees of ~e 5590 Shirley Street ~nd Trust, ~ek successors ~d ~si~ Collectively refe~ed to herein as "Declarant"), is developing ceruin prope~y in Collier County, Florida, ~own as "~THLEEN COURT" (hemina~er ~e "Pmpe~"). The Pmpe~ ~ more pafficulafly d~cri~ in the Declaration of Covenants, Conditions, Res~ictio~ and Easemen~ for ~THLEEN COURT (hereina~er the "Declaration"). Te~s not o~e~ise contained herein shall have the meaning ascribed to ~em in ~e Declaration. The pu~ose 0f ~is Ass~iation is to own, lease, maintain, operate, and/or admi~ster ce,ain prope~ wi~in or related to the Prope~, and to caru out its righ~ and duties set fo~ in ~e Declaration. ARTICLE III pQwers and Limitations Section 1. The Ass6~:iation shall have the power: a. To own, sell, lease, operate, maintain, and administer the Common Property, and other property within or related to the Property in accordance with the Declaration. b. To establish, through its Board, reasonable rules and regulations regarding the property within the Property. c. To carry out all the powers and.duties y_ested in the Association pursuant to these Articles of Incorporation and the Bylaws 'of the Association, and pursuant to the Declaration. onma,\i~2~.x....' - t. ,~:~.-~,.,:-:-,..- ~:...?; :..;.. ~,.~::~.¢~;.-.,~.~:..~,~-~';,:;~,~,~:~.::-,-...;.,,'., ..-,..... :-,-:..:-, : .... February 23, 1999 Item %16A4 BUDGET AMENDMENT FOR THE SHELLABARGER PARK INFRASTRUCTURE IMPROVEMENT PROJECT IN THE AMOUNT OF $14,000 Item #16A5 RESOLUTION 99-120 RE AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGES OF WYNDEMERE Page 177 FEB 2 ) 1999 RESOLUTION NO. 99-120 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGES OF WYNDEMERE, 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, February 4, 1997 approved the plat of Villages of Wyndemere for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 9% 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 Villages of Wyndemere, 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. ' :~.'~ ,~ . . ' .-'75, '~2" "': *';: ;"'2-,' ~ .,'t.' . {~4pprov~d ~t° fora ~d legal Heidi F. Ashton Assist~t Collier Co~ty Aaomey BOARD OF COUNTY COMMISSIONERS COLL~ B;: //AI~IELA S. MAC'KIE, eHSOMAN February 23, 1999 Item #16A6 BUDGET AMENDMENT FOR THE TOURISM DEVELOPMENT, ADVERTISING, AND PROMOTION CATEGORY CONCERNING VISIT NAPLES, INC. IN THE AMOUNT OF $29,975.34 Item #16A7 WORK ORDER PB-98-3 FOR FURNISHING AND INSTALLATION OF DEHUMIDIFICATION EQUIPMENT FOR THE DEVELOPMENT SERVICES BLDG. - AWARDED TO PROFESSIONAL BUILDING SYSTEMS, INC. IN THE AMOUNT OF $139,153.00 Page 178 WORK ORDER % PB-98-3 "General Contractor's Services" Contract %97-2763, dated March 28, 1998 FEB 2 3 1999 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: The work is specified in the proposal dated 11/16/98 from ProfessionalBuilding Systems 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 % Pb-98-3 is assigned to Professional Building Systems Inc. ScoDe: Contractor to supply labor and material to furnish and install five (5) CTSI dehumidification units (MP-1250) at the Development Services Building at Horseshoe Drive. All as specified in the attached Proposal by Professional Building Systems Inc. Schedule of Work: Purchase Order. Complete within 90 Cai.days. from receipt of ComDensation: 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 FEE $ 139,153.00 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 of the Agreement. F~k-Crognal~Construction~ Manager ' D~ ' / epartment of facilities Management REVIEWED BY: Department of Facilities Management FEB 2 3 1999 Work Order PB-98-3 Page 2 By: Typed Name and Title Professional Buildinq Systems Inc Contractor By: / Si~dre / (or) witnesses (2) · T~igna tur e ( Print Name ' (P~int Name) Approved as to Form and Assistant County Attorne~ February 23, 1999 Item #16A8 FINAL PLAT OF .VILLAS AT GREENWOOD LAKE. - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 179 ~ROM : AGNOLI BARBER BRUNDAGE PHONE NO. : DEC. 2~ 19B8 10:~8AM P2 FFB 2 ~ 1999 CONSTRUCTION AND..~NANCE AOREEMENT FOR SUBDIVISION IMPROVE- MENTS PRIOR TO RECORDINO OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION ~.~_~RO~S PRIOR TO RECORDING OF PLAT AGREEMENT entered into this r~ day of ~[~~ ,199q between A_ILM. Development Corp. of Naples, Inc. hereinaf~ referrc~[ to as "Developer", and the Board of County Commissioners of Collier County, Florida. here~n~er referred to as "Thc Board". RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain pIat ora subdivision to be known as: Villas at Greenwood Lake. 2. Division 3.2 of the Collier County Land Developmem Code allows the Developer to construct the improvements required by said subdivision regulatiolls prior to recording the final plat. NOW THEREFOR.E, in consideration of the foregoing premises and mutual covenants hereina/ter set forth, Developer and tho Board do hereby covenant and agree as follows: Developer will cause to be constructed: water, sewer, wads, drainage and like facilities, within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith agrees to construct said itnpwvem~nts prior to recording said subdivision plat and the Board of County Commissioners ,bM! not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $56,$69.95 wMch represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Service~ Director, the Developer may request the Board of County Commissioners to a~prove the subdivision pht for re~ording and grant preliminary approval of said plat. Thc rcquircd improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with 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, wimln sixty (60) d~ys of receipt of the statement of substantial completion, either. -) notify the Developer in writing of its~ FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : DEC. 2~ 1998 10:49AM FEB 2 3 1999 prcliminarY.approval ofthe improvements; or b) notify the Developcr in writing of his refusal to approve improvements, therewith specifldng 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 Scrvice~ 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. Thc DeveIoper shall maintain all required improvements for a minim-m 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 improvements. The Development Services Director or his designee .~,h~ll illspect thc improvements and, if found to be stir in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent perfo~ce securky. Thc Developer's responsibility /'or maintenance of thc required improvements shall continue --less or until the Board accepts maintenance responsibility for the County. In the ~-vent 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 securit~ to secure satisfactory completion, repair and maintenance o£the required improvements. The Board sh_~!! have the fight to constnu:t and maintain, or cause to be c. onstmcted and maint~ir~ed, purst~t 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 ind~rvnlf'y 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 failur~ of the Developer to fulfill all of the provisions of this Agreement. All of thc terms, covenants and conditions herein contained are and shall be bindin~ upon the Developer and the respective successors and assigns of the Developer. FI~OM : AGNOLI BARBER BRUNDAGE PHONE NO. : DEC. 23 1998 10:49AM I= IN WITNESS WHEREOF, tl~ Bom'd and tl~...D~elope~r lm~ ca~ tl~ ~ m ~ ~ ~e~mt ~ ~ gov~ by ~e ~ws of ~e S~ ofFlofi~ - Wim~ss~s to A. tCM. DEVELOPMENT CORP. O/F NAPLES, INC.: (printed name) (printed name) A.tCM. DEV]~LOPMEN~ORP. OF NAPLES, INC. By: Ovadia IL Elia.~, BOARD OF COUNTY COMMISSIONEP~ . February 23, 1999 Item #16A9 FINAL PLAT OF MASHIE COURT AT THE ESTATES AT BAY COLONY GOLF CLUB - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY Page 180 Document Prepared By WCI Communities 24301 Walden Center Way Bonita Springs, FL 34134 FEB 2 3 1999 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AG~e_EMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of ~e.'brDt/-~ 1999 between WCI Communities, Limited Partnership hereinafter referred to ad "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 the approval by the Board of a certain plat of subdivision to be known as: "Mashie Court at the Estates at Bay Colony Golf Club" 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 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 pan of in the amount of $65,001.75 which amount represents 10% of the estimated cost of required improvements plus 100% of the estimated cost of the required improvements at the date of this Agreement. o 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. o o FEB 2 3 1999 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 writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 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 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 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 WITNESS WHEREOF, THE Board and Develaper have caused this Agreement to be executed by their duly authorized representatives thi~ID day of .~eb(u ~n.F 1999. Signed, Sealed and Delivered in the presence of: (Printed or Typed Name) WCI Communities, Limited Partnership A Florida Limited Partnership BY: Vice President of~evelopm~ Printed or Typed Name) :, Attest: · ..i .... DWight E. Brock, Clerk t~an's ~ David 6 Wei~el' Collier Co~ A~omey Board of County Commissioners of Collier County, Florida BY: ~ Chairwoman K:~cuments~tshie Agreement FROM : Panasonic FAX SYSTEM PHONE NO. Engineer's Opinion of Probable Construction Costs Marsh Court at Bay Colony Prepared By: Agnoli, Barber & Brundage, Inc. D;,c. 3i i99E 09:4~M P2 r!EM DESCRIPTION EAETHWORK 1' Off-Site Fill QUANTITY , ,U, NIT UNIT COST 260 CY Subtolal Earthwork "Note: Earthwork Quantities provided are for In-Place Fill for Road only;, Filt for ~ is not i~cluded ROADWAY CONSTRUCTION I 1" Type S-3 Asphaltic*Concrete 1,542 SY 2 6' Limerock Base 1,603 8Y 3 12' Stabilized. Subgmde t,688 SY 4 24" Valley Gutter 960 LF 5 16" Type',~" Curt). t10 LF 6 Concrete Sidewalk - 4' Thick 1,560 SF 7 Signing. & Pavement Marking t L8 8 Sodding 215 SY 9 Street. Lighting t LS $3.00' $4.00 $2.00 $4.50 $5.00 $1.75 $,500 $1.50 ss,goo Subtotal Roadway Construction WATER DISTRIBUTION SYSTEM 10 6" C-gO0,' DR1.8 Water Main. 11 Single Water ,~ervices 1.2. Double Water Services 13 Fire Hydrant Assembly SUBTOTAL $1,560.00 SANITARY SEWER SYSTEM 14 Precast Concrete. Sanitary.Manhole t 5 8" SDR-35 PVC Gravity Main 16 Single6~.PVC Servicew/Cleenout 17 Double 6" PVC Service w/Cleanout $4,626.00 $6,412.00 $4,32o.oo $2,730.00 $500.00 $322.50 $3~000.00 , $25~797 ,5.13 LF $8;00 $4-,~04.00 7 EA $270 $1,890.00 2 EA. $36O $720.00 2 EA $1,650 $3,300 Sut)lotal'Water Distributio~ $,,,~), ,0'14 3' EA $1,600 368 LF $14.00 3 EA' $450,60 3 EA $550.00 Subtotal Sanitary Sewer $4,,s0o.00 $5,152.00 $1,350.00 $1,650.00 Mamhct-est.wb2.12,'20,G8 DEC 31 '98 18:28 9415662283 PAGE.02 FROM : Panasonic FAX SYSTEM PHONE STORM DRAINAGE SYSTEM 18 Valley Gutter Inlet w/Type A-1 CB 19 Reinforced Concrete Pipe 15" Diameter 18" Diameter 20 E~osion.. Control N0. : 94i5662203 Dec. 31 1998 09: 4.SAM FEB 2 3 i999 2 EA $1,600 $3,200.00 $7 LF $16.00 $592.00 221 LF $18.00 $3,978.00 1 LS $1.,000 $1,0Q0.00 Subtotal Storm Drainage $8~ ,,7~0 utifity.(Water & Sewer~ .Subtotal. $22,9e6 Earthwork., Roadway & Storm Drainage Subto~ $36~t27 Total .......................................................................................................... $59,092.50 10% of Total Estimated Construction Costs ......................................... $5,909.25 Estimated Date of Completion: February 15, 1998 Dominick J. Amico, Jr., P.E. Florida. Reg.# 39382 DEC 31 '98 10:21 94156~P-.20J PAGE.03 FEB 2 3 1999 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond Number: 15-008-444 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, FL 34134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston, Massachusetts (hereinafter referred to as" Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of SIXTY-FIVE THOUSAND AND ONE DOLLARS AND SEVENTY-FIVE CENTS ($ 65,0OI .75), 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 MASHIE COURT AT THE ESTATES AT BAY COLONY GOLF CLUB and that certain subdivision shall include required improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of Surety shall commence on the date this Bond is executed and shall continue until the date of the 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 the 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 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 PERFORMANCE BOND to be executed this 2gTM day of JANUARY, 1999 FEB 2 3 1999 W~i~s-$ignature \, W~~ed~~~ Witness-Signature Witness-Printed Name day of ~f ,1999 WCI Communities Limited Partnership a Delaware limited partnership Steven C. Adelman Vice President/Treasurer State of ~ County of c., ,~:~ The foregoing instrument was acknowledged before me by Steven C. Adelman, Vice President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership. Personally known ~ or Produced identification Type of identification produced (Affix notary sea_l.J~ UNO^ E. HIGGINS My Corem Exp. 2/21/200]. Bollde~ By Service Ins · No. CC603722 ~/~ally rd~Tan [ ] ortner I D, My Commission Expires: Notary Printed Name DATED as of this ~28'" DAY OF JANUARY, 1999. nature JOHN D. MILLER ggitness-Printed Name , ~,tness Signature - ~, ~- DIANA FIGUEROA NATALIE REINGOLD Witness Printed Name TITLE ATTORNEY-IN-FACT FEB 2 3 1999 State of Connecticut County of Fairfield The foregoing instrument was acknowledged before me by Natalie Reingold MUTUAL INSURANCE COMPANY. Personally known x or produced identification produced on behalf of bBERTY Type of identification WITNESS my hand and official seal this ]$~" DAY OF (Affix notary seal) JANUARY, r 1999. My Com/~on Expires: ELy PSIJAS NOTARY PRINTED NAME ELY PSIJAS NOT,4RY PUBLIC' COUNTERSIGNATUREIIt ¢O~ISSION EXHRE$ SEPT. 30, 2003 'Licensed e. l'enl NANCY H. ZALESKI THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. b ~) 3 ~ b This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. UBERT¥ MUTUAL NSURANCE COMPANY FEB 2 3 1999 BOSTON, MASSACHUSE3'rs POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES L. BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT ................ , .................... , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknoWledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceedin undertakings, in pursuance of these presents, shall be as binding upon the Company as 'if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed ~.~t~. in Plymouth Meeting, Pennsylvania this 17th day of n .... ~,~,, 19 c~ . I~l LIBERTY MUTUAL INSURANCE COMPANY Garnet W. EIIiott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss On this 17th day of rJn~.~rnh~r . A.D. 19 98 , before me, a Notary Public, personally came the individual, known to me to be the therein desc~ual and officer of Liberty Mutual Insurance Company who execUted the preceding instrument, and he acknowled- he ged that executed~. ~arEe a~'J~the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate t~j~c~~~a instrument authority and direction of the said company. seal and his signa s duly affixed and subscribed to the said by IN TESTIMO~II~/)~E~REOF, II~)[e'~ptp set my hand and affix my official seal at Plying, Px~~ear first above written. ~ ~ ~ .~ ~ ~ P[ymout~tgom~y County I NotaW Public -' / - I, the unders ~e~~r(~~ ~aw of Libe~ M~ual Insurance Company, do hereby ce~i~ that the original ~wer of a~orney of which the foregoing is a full, true ]opy, is in full force and effect on the date of this cedificate; and I do fu~her ce~i~ that the officer who executed the said power of aUorney was one of the officers specially authorized by the chairman or the president to appoint any a~orney-in-fact as provided in A~icle XVl, Section 5 of the By-laws of Libe~y Mutual Insurance Company. This ce~ificate may bo signed by fa~imile under and by authori~ of the following vote of the board of dire~ors of Libe~ Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechani~lly reproduced signature of any assistant secretaw of the company wherever appearing upon a ~ified copy of any power of a~orney issued by the 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 my name and affixed the cor~rate seal of the said company, this day of ~lS POWER OF A~ORNEY MAY NOT BE USED TO EXECUTE ANY BOND WffH AN INCENSE A~ER ~m~r ~ 7 ,2o ~ . Liberty Mutual Insurance Company Statutory Balance Sheet (dollars in thousands) FEB 2 3 1999 Bonds .................................................................................................................................... 11,609,662 Common & Pr~ierred 51ocks ........ L ................................................................................................................ ' . 4,446,583 Real Estate .............................................................................................................................................. 128,301 Cash & Short-Term Invesiments ................................................................................................................................ 242,970 Other Invested As,sets ........................................................................................................................................ 271,268 Subtotal Cash and Invested Assets ............................................................................................................................... Premium in Course of Collection* .............................................................................................................................. Reinsurance Recoverables on Loss and Loss Adjustment Exp~nse Payments ........................................................... Interest, Dividends and Real Estale Income Due and Accrued .................................................................................... Other Assets ....................................................................................................................................................................... TOTAL ADMrrTED ASSETS ............................................................................................................................ 16,698,784 1,521,916 183,530 168.557 779.394 19,352.181 Liabilities and Surplus Reserve for Losses and Loss Adjustment .Expenses ....................................................................................................... Reserve for Unearned Premiums..; ................................................................................................................................... Reinsurance Payable on Paid Loss and Loss Adjustment Expenses ............................................................................ Federal Income Tax and State Premium Tax Accrued ................................................................................................... Other Liabilities ....... ; .......................................................................................................................................................... TOTAL LIABILITIES .......................................................................................................................................................... Unassigned Surplus ............................................................................................................................................ Guaranty Funds ............................................................................................................................................................ Surplus Notes ............................................................................................................................................................ TOTAL SURPLUS ....................................................................................................................................................... TOTAL LIABILITIES AHD SURPLUS ........................................................................................................ ('Excludes pr~niums more than 90 days due) 10,208,483 1,629,832 36,194 91,774 1,319,565 13,285,848 4,924,567 1,250 1,140,.516 6,066,333 19,352,181 COMMONWEALTH OF MASSACHUSETTS CouNrI~ OF SUFFOLK SS: Dennis Langwel[. being duly sworn, says: That he is Vice President and ComptroUer of Liberty Mutual insurance Company; that ~aid Company is a mutual lnsuranc~ company duly organized, existing and engaged in business as a surety by virtue of the laws of the Conunonwealth ~ has duly complied with all the requirements of the laws o~ said Commonwealth and of the laws of the Stale o[ .......................................................... applicable to said Company and IS duly qualified to act as surety under such laws; that said Company has al.so complied with and ts duly qualified to act as surety on lederal bonds under Section 9305 of Tide 31 of the United States Code. That ~e foregoing is a ~ t~ue and con'~ct statement of the ru~ncial condition of said Company a~ the 31st day December, 1~97. Sworn to before me this 31st day of March, 1998 My Commie,sion ' Vic~/1,~,/~rd~nt end, ff,6mptr~ll~r February 23, 1999 Item #16A10 RESOLUTION 99-121 RE ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF VILLAGE WALK PHASE FIVE Page 181 RESOLUTION NO. 99-_124. FEB 2 3 1999 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE FIVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on, September 10, 1996, approved the plat of Village Walk Phase Five for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Village Walk Phase Five, 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. ,.. :~:DA~E.:. ¢ ~.D~GHT ~ROC~ CLE~ ...... ~,,,~.~ ~ . ., . . ~. 4. ,~.~k~,.'.,,-~,.'~ ':Heidi F. A~hton Assist~t Collier Co~ A~omey BOARD OF COUNTY COMMISSIONERS COLLI~ Bpy~uM~L~ St. dA~,Y:iE,' CHAXWOMAN February 23, 1999 Item #16All FINAL PLAT OF ISLAND WALK PHASE TWO - WITH CONSTRUCTION MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY Page 182 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS FEB ~ 3 1999 THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this~Br~'day of~,a~ , 1999 between Island Walk Development Company hereinafter referred to as "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: Island Walk, Phase II. 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 constmcted: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "B" and by reference made a part hereof) within 12 months fxom the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the mount of $854,981.33 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required FEI~ 2 3 i999 improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's en~ineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall 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 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. 2 FEB :~ 3 1999 7. Six (6) months aider the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the doflar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the 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, shah 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. FEB 2 3 1999 COLLIER COUNTY LAND DEVELOPMENT CODE IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by theft duly authorized representatives thiL-~FPday of~-~raa~ , 19q~ SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Printed or Typed Name ,.. ,D-WIGleT ~..:~ISROCK, CLERK 7 '. ~' . g · · ' ~ ' .~.'~ ~ x " - ., ..~ ~- ~ ~. ,,-. ~ v Collier A. Rmey ISLAND WALK DEVELOPMENT COMPANY Michael D. Rosen Vice President BOARD OF COUNTY COMMISSIONER/S By' ~h~om~n Pamela S. Ma~e u / COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO JZ 7384 KNOW ALL PERSONS BY THESE PRESENTS: that DiVosta and Company Inc. and Island Walk Development Company, 4500 PGA Boulevard, Suite 400, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "Owner") and St. Paul Fire and Marine Insurance Company (hereinafter referred to as "Surety") are firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of eight hundred fifty four thousand nine hundred eighty one and 33/100 ($854,981.33) 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 name Island Walk, Phase II 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 ali 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 the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment" whenever 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 10th day of December, 1998. ST PAUL FIRE AND MARINE INSURANCE COMPANY Nicolette J. Carlone, Attorney-in-Fact DiVOSTA AND COMPANY, INC. AND lSLAND WALK DEVELOPMENT COMPANY By Calvin R. Boyd, Assistant Secretary Countersigned by:("~ ,~' ~. ~~,'' ' ~ G. W. Fitch II CERTIFICATE OF AUTHORITY NO. · CERTIFIED COPY NO. lheSl. Riul sT. PAUL FH~ AND MARINE INSURANCE COMPANY 2 o~ c/ Surety 385 Washington Street, St. Paul, Minnesota 55102 For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800421-3880 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). : ". ;" t GENERAL POWER OF ATTORNEY - CERTIFIED COPY F-15907 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the S~ate of Minnesota, having its principal office in thc City of St. Paul, Minnesota, does hereby constitute and appoint: James I. Moore, John R. Stoller,Maureen E. Thomas, Jane K. Botting, Suzanne Treppa, Julia T. Corcoran, Bruce E. Robinson, Nicolette Carlone, Sandra A. Thomas, Vincent J. Frees, Calvin R. Boyd, Colette R. Zukoff, individually, Countryside, Illinois its true and lawful auomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and ali bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, role, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF ONE MILLION DOLLARS($1,000,000)EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if thc same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted.by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (!) To appoint Attorneys-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, and (2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 5th day of May. 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 8th day of January, A.D. 1998. ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF NEW JERSEY l, ss. County of SomersetJ BRIAN P. CURRY, Secretary On this 4th day of August ,19 98 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster. New Jersey, the day and year first above written. ...-~-~~ Public My Commission Expires December 16. 2001 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attumey, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ~ IN TESTIMONY WHEREOF, I have hereunto set my hand this /~ ~~ 10 Ch day of December ,19 08. MARY E. STAWICKI, Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right comer is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 7-98 Printed in U.S.A. 3 ACKNOWLEDGEMENT BY SURETY STATE OF MICHIGAN ) )SS. COUNTY OF OAKLAND) On this 10th day of December, 1998, before me personally appeared Nicolette J. Carlone, known to me to be the Attorney-in-Fact of St. Paul Fire and Marine Insurance Company, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. My Commission Expires: March 26, 2002 Notary Public, Marc~-a G. Howard Oakland County, Michigan ' ~RC~A C HOWARD '3 NOTARY PUBLIC STATE OF MICHIGAN! OAKI. AHD COUN'ry MY COMMISSION EXP. MAR. 262002 [ MH033 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )SS. COUNTY OF OAKLAND) On this 10th day of December, 1998, before me, the undersigned authorized employee, personally appeared Calvin R. Boyd, who acknowledges himself to be Assistant Secretary of DiVosta and Company/Island Walk Development Company and that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26, 2002 Notary Public, Marcia G. Howard Oakland County, Michigan LAND COUNTY ISSION EXP. MAR. 262.002 MH033 EXHIBIT B ENGINEER'S COST ESTIMATE SUMMARY III. IV. V. Sanitary Collection System Potable Water Drainage Paving Lighting $276,395.10 $122,946.50 $104,488.30 $249,625.85 $ 23,800.00 Total Contract Contingencies- 10% Total Construction $777,255.75 $ 77,725.58 $854,981.33 Word/my documems/word processing documents/hatvey~con-main, agr 5 February 23, 1999 Item #16A12 RESOLUTION 99-122 RE AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE SIX Page 183 FEB 2 3 1999 RESOLUTION NO. 99- 122 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE SIX, 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 29, 1997 approved the plat of Village Walk Phase Six for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Village Walk Phase Six, 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. ' :'<X D~GH~ROCK; CLE~ ' '~,~;~pproved ~,,to~om ~d legal HeidiF. Ashton Assist~t Collier Co~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BYA~~ANP February 23, 1999 Item #16A13 RESOLUTION 99-123 RE AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE FOUR Page 184 RESOLUTION NO. 99- 123 FEB 2 3 1999 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE FOUR, 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. February 20, 1996, approved the plat of Village Walk Phase Four for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Village Walk Phase Four, 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. , sufficiency: ..;,.~ Hezd] F, Ashton Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~d~A/~. l~'I~l~: CH~IRWO~ February 23, 1999 Item #16A14 RESOLUTION 99-124 THROUGH 99-132 AUTHORIZING WAIVER OF 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 NINE VERY LOW INCOME SINGLE FAMILY HOMES TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY IN T~ SEMINOLE SUBDIVISION IN IMMOKALEE Page 185 RESOLUTION NO. 99- 124 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 5, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, pglicy 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 5, Block A, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 5, Block A, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 5, Block A, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 5, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1,778.00 $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. ATTEST; :.:,. DWI~GHT ~:BR/QCK,. Clerk At.st as App~vOd.~ as' t6'fo~ :~n~a, ~ Assistant Coun~ ~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~~~ PAgMELA S. MAC KIE, CHAIRWOMAN jd/gm/c/seminoles/d/reso ~EL~ 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 5, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - =~-E IVl[ I~' O-'L., I~;:-~ Uli~ I.J I v ii;:= ,u i Irt Vt c3 I~ L E, I~. I IZ~' I I I I I I I I I I I I 1 I I I I I I 1 ! ! I I ! I ! I I ! ! ! "'l FEB 2 3 1999 FEB 2 3 1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisc~tay of c~}ma/~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- ! ~q at its regular meeting of ~Dr'~a... ~:"3 , 1999; and 0 - 1 - WHEREAS, the Impact Fee Agreement with the COUNTY. FEB 2 3 999 Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee Ordinance. FEB 2 3 1999 waiver qualification criteria detailed in the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The' Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 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 - 5 - FEB 2 3 1999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF co IEj COUNTY, IN9 Ox ~"~'fia~ies C.' SI:frith. V'ic~ Pr~sidlent C - 4 - FEB 2 3 1999 STATE OF Florida. ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of-~...~ar~e_, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Colher County, Inc. He is-0ersonally known to me. [NOTARIAL SEAL] S~m'~'ure of Person T~gment DATED· D~GHT E. BROCk, Clerk legal Assistant County Attorney of Acknowledger Typed, Printed or Stamped BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . By: ¢ C ¢ jd/gm/c/naplesmanoraddn/agree - $ - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 5, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - I I ! ! ! ! ! 1 }., ! ! ! ! ! ! I ! "'" F'EB-2 3 19'99 RESOLUTION NO. 99- ~ ?5 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 6, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, p.olicy 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 6, Block A, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 6, Block A, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - FEI 2 3 1999 W~EREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon thc following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 6, Block A, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 6, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1,778.00 $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. FEB 2 ~ 1999 ATTEST: DWIQHT E.'BROCK, Clerk ,l~st -as to Cha~a.~ 'si¢~tUre only. APp~qed as ~6 fo~afid~, . legal sufficiency: :, ~: Assistant Coun~,A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ' P j d/gm/c/seminoles/cVreso - 3 - 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 6, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - i~" I I I I I I i I I I I I I I I 1 I I I I I I ! I I ! ! FEB 2 3 1B$~ I I I I I I I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~t~ay of~t_b~.,t~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/,'~c~ at its regular meeting of ~c_~cc~. _D..3 / , 1999; and - 1 - WHEREAS, the Impact Fee Agreement with the COUNTY. FEB 2 3 1999 Ordinance requires that the OWNER enter into an 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 are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 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 FEB 2 3 19§9 the Impact Fee - 5 - one of the affordable housing qualification cfitcria in the Impact ~e¢ Ordin~ce for ~ period of ~. ~EDI~S. Should the OVv'~ of the propcrt~ fail to comply with the said qualification criteria at any time during the ~een 05) ye~ period or should O'~E~ violate thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other fight or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name ~l~rint N ame.~/~.,~ OWNERS: HABITAT FOR HUMANITY OF COLLIEi~COUNTY, INC. ~'f~(~6s C. S~d~nt - 4 - STATE OF Florida ) COUNTY OF Collier ) FEB 2 3 999 The foregoing instrument was acknowledged before me this ~ day of~au~p, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is p~6rsonally known to me. [NOTARIAL SEAL] S~x~ture of Person Taking Acknox,dTedgment of Acknowledger Typed, Printed or Stamped ATTEST: DW~I. GHT I~."I~iKO'C',..K~, Clerk leg~t'..~fficiency-- - . Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PIAMELA S. MAC'KIE, CHAIRWOMAN t jd/gm/c/naplesmanoraddn/agree - $ - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 6, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - I I F, FEB 2 3 ~999 1999 RESOLUTION NO. 99- 126 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 28, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, pglicy 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 Parmership 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 fi.om the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 28, Block A, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 28, Block A, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - FEB 2 3 i999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 28, Block A, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 28, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1,778,00 $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - 1999 This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT~E. BROCK, Clerk AU:est as to A~roved as to t'orm and~' ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY;AI~IELA S. MAC KIE, CHAIRWfl)MAN jd/gm/c/seminoles/d/reso - 3 - ,EXHIBIT "A" LEGAL DESCRIPTION LOT 28, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK l, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - :I:3 E r,ll Igl U-IL. i::;. ~i~ LJ liit I~. V I i.~.~' I I I I I I I I I I I I I I I I I I I 1 I I I ! I ! I ! ! ! I /'/e 'J /'/~' ~ , 36, I J. ~,,z. ,,,5' 31 ,~, l' ~.~. // I YEP 2 3 !999 FEB 2 3 199§ AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi y of. _ 999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~1 .'~(as._. at its regular meeting of W.~Dr-DAh:},, ~)~ , 1999; and - 1 - WHEREAS, the Impact Agreement with the COUNTY. FEB 2 3 1999 Fee Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan'ants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee Ordinance. FEB 2 3 199-9 waiver qualification criteria detailed in the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) 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 - 3 - FEB 2 3 1999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: pnn.'~.,~,,,nt Name .~~''''~ .L'~ nt Name'.. ~;~.v ~z~ q_,;~-/~.7 OWNERS: HABITAT FOR HUMANITY OF COLLIER.COUNTY, INC. ~ ~ ~ J~a~s ~.--S"mit~..__/Qi.cg/13resiilenLX',x - 4 - FEB 2 3 1999 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of~~_, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is l~rsonally known to me. :. [NOTARIAL SEAL] S n Taking Ackn~wledgrnent -- :. . . 'IWlr _ M,~co~ss~o~#cc~,Nar~e of Acknowledger Typed, Printed or Stamped DATED: ~[ ATTES, T~ DWIGHT E. B'ROCK, Clerk I+~t~.~,*. a.q.; to, ~ f~an',s ..~ppro.v.e.g as ~o. ~on-n and 2~£. '.' _: ,- - ,;',:~$,, ,. l~gal suffiClen~3(..?z ~ He~& F. Ashton Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA j d/gm/c/naplesmanoraddn/agree - 5 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 28, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - I %J'| FEB 2 3 1999' RESOLUTION NO. 99- ~ 27 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 29, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, pglicy 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. sea_., 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 Parmership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 29, Block A, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 29, Block A, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 29, Block A, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 29, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES $ 180.52 1,379.00 399.00 179.00 14.00 1.778.00 $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. 1999 ATTEST: ,DWIG,HT E.,~'..I~qCK, Clerk legal ~ufficienc~ %~ -'~ ~ Assis~nt Coun~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY;~~N j d/gm/c/seminoles/d/reso - 3 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 29, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - I i~$' I I I I I I I I I I I ! I I I I I I I 1 I I ! I I i I I ! I I lvl, l'~or(A lu E. IF- ~FEiB 2 .':1 1999 ~&O' 31 (, 3o p' ' 27 Io I ,t.r'I : FEB 2 3 1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this, r~_ day of~-ek~p,? 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in /o~Q~'-] at its regular meeting of__~c~Yl_#3~- ~ , 1999; and Resolution No. 99- - 1 - WHEREAS, the Impact Agreement with the COUNTY. FEB 2 3 1999 Fee Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In remm for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee Ordinance. FEB 2 3 1999 waiver qualification criteria detailed in the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fiReen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 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 - 3 - FEB 2 3 1999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~/~'fint Name ~-~,'~,a~, OWNERS: HABITAT FOR HUMANITY OF COLLIE~ COUNTY, INC. /3 C/CCha~ es C.~~ice~ident - 4 - FEB 2 3 1999- STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of~ex.~..a~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collfer County, Inc. He is personally known to me. [NOTARIAL SEAL] ~t~amre of Person Taking Ackn~Wled~ent '"' ~' ,~ MY COMMISSION # CC J%~3 m,,a~.os~r~k~am~ of Ac~owledger T~ed, Printed or Stmped DATED: c:>~/~=,~_~/Q ? ATTEST: ~.,D~GHT E. BROCK, Clerk ~eidi F. Ashton Assist~t CounW Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN C jd/gm/c/naplesmanoraddn/agree - 5 - FEB 2 3 ~999 EXHIBIT "A" LEGAL DESCRIPTION LOT 29, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - FEB 2 3 1999 ¢ RESOLUTION NO. 99- 128 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 7, BLOCK B IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, pglicy 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 7, Block B, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 7, Block B, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee ordinance, ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - ]:'EP 2 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 7, Block B, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 7, Block B, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1,778.0Q $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - 1999 This Resolution adopted after motion, second and majority vote favoring same. DATED'~ bSL~/c~ ATTEST: DWi! GI-i~ 'E~,. ~ i$,.(D~-,., Clerk Artiest .as to ig~ture onl~ ' "' Ap~m,~d as to.fo~ and legal su~ficmncy~ ' Hdidi F. Ashton Assistant Coun~ A~omey BOARD OF COUNTY COMMISSIONERS COLLI~COUNTY, FLORIDA / j d/gm/c/seminoles/d/reso - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 EXHIBIT "A" LEGAL DESCRIPTION LOT 7, OF BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 1999 - 4 - I I I I I I I I I I I I ! I I I I I I I I ! I ! I I I I ! ! I I ! I F, ! I 1999 FEB 2 3 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~[~r~ay of~a:~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88~96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/c-~ at its regular meeting of ~'~Pgft4~r2 ~3 ,1999; and - 1 - WHEREAS, the Impact Fee Agreement with the COUNTY. Ordinance requires that the OWNER , EB 2 3 1999 enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification Ordinance. FEB 2 3 1999 criteria detailed in the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by girl 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 fifteen (15) 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 - 3 - FEB 2 3 999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~nn.' n,_~,.~nt Name t Name OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ~l~'rles C. Smith, ~ic~de~h~ - 4 - FEB 2 3 1999 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day ofxffaa~tat~..~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is peersonally known to me. of Person Taking ger Typed, Printed or Stamped [NOTARIAL SEAL] JOANlqE DALBEY MY COMMISSION # CC T~9612 EXPIRF~: 05f~0[ffi02, ATTE~S~t., ~; DWIGHT E. ~ROCK, Clerk Assistmt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ PtAMELA S. MAC'KIE, CHAJ'RWOMAN ! j d/gm/c/naplesmanoraddn/agree - 5 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - I I I FEI3 2 3 1999 RESOLUTION NO. 99- 129 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 8, BLOCK B IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, pglicy 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 8, Block B, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 8, Block B, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The [)welling Unit shah be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is &fined in thc Appendices to the respective Impact Fcc ordinances and thc monthly payment to purchase the unit must bc within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be thc Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (]5) 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 Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 8, Block B, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 8, Block B, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1:778.00 $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT/F.~.B_..ROCK, Clerk s:Ighature 0:,i!~,. 'l ~p. roved as.to form an.~ lel~:~?ufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA t By:~~ PAMELA S. MAC'KIE, CHA3,1~VOMAN jd/gm/c/serninoles/d/reso - 3 - 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 8, OF BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 3 ! OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - 66, O' F, FEB 2 3 '1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thin'ay of ~e br0~,1999, by and · 0 between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/~c) at its regular meeting of %~)~r~ , 1999; and O - 1 - WHEREAS, the Impact Fee Agreement with the COUNTY. Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee Ordinance. FEB 2 3 1999 - waiver qualification criteria detailed in the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 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 - 3 - F£;) 2 3 1999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~rint Name ~--or~,~ ~' ;t c, ~ ~//Print Name ~7~~ tc.~a',4~- 9 OWNERS: HABITAT FOR HUMANITY OF ~~ent - 4 - FEB 2 3 1999 STATE OF Florida ) COUNTY OF ~ollier .) The foregoing instrument was acknowledged before me this ~ .. day of~+a-~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] ~nature of Person--Taking A0mowledgrnent { ~'~lr _~ My COMMISSION # CC T~I2 t $,.'~',~ £xmv. s: 0v~0t20o~ l,~,,,~ of Acknowledger Typed, Printed or Stamped 'qo~.~ . DA.T. ED: 'ATTEST: DWIGHT E. BROC~..., Clerk,. sApi~.roved~ .~.t~.fom ~d legal suffi6i&fiey ~eidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ P~2qlELA S. MAC'KIE, CH~/IRWOMAN / jd/gm/c/naplesmanoraddn/agree - 5 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 8, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 3 1, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (22) - 6 - FEB 2 3 1999 RESOLUTION NO. 99- 130 FEB 2 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 9, BLOCK B IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, pglicy 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 Parmership Program set forth in Section 420.907 et. sea_., 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 fi.om the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 9, Block B, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 9, Block B, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver basea upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 9, Block B, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 9, Block B, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1,778.00 $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. DWIGHT E.,:BROCK?,C;lerk Approved as {o:~6m and legal sufficiency: ~:. Held~ F Ashton Assistant CounW A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jd/gm/c/seminoles/d/reso - 3 - 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 9, OF BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK l, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - ~ z~ / .'~ 31 & , t ~ /~ , : ~ / /~ , FEB 2 3 1999 I ! I ! I :EB 2 3 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~)~-B_t~ay of ~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OYvTNER.1' WITNE S SETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- [3~) at its regular meeting of ~cc~l~.. ~% , 1999; and - 1 - WHEREAS, the Impact Fee Agreement with the COUNTY. FEB 2 3 1999 Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in Ordinance. T'EB 2 3 1999 the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) 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 - 3 - 2 3 1999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name"~--- OWNERS: HABITAT FOR HUMANITY OF ~~4~,-COLLIE~ COUNTY,_ , INC./;~, C?4ha'~l~s- C. S~e Pres~ent - 4 - FEB 2 3 1999 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this og_~7 day of ~----;~-~~ , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is p/ersonally known to me. ~/z~'/gnature of Person Taking A 'x owle-gment [NOT~ SEAL] m, tt~e0~mr~k~am of Acknowledger Typed, Printed or Stamped ATTEST: Oc :, Clerk ~pprovea-~l~mi :~d . 1~¢1 sufficiency }-' ~e~d~ F. Ashton Assist~t Co~ty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIR~VOMAN jd/gm/c/naplesmanoraddn/agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 9, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - FEB 2 3 1999 RESOLUTION NO. 99- 131 16A 14 F £B 3 !99g RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 31, BLOCK B IN SEMINOLE SUBDIVISION, IMMOKALEE. 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, pglicy 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 Parmership 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 31, Block B, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 31, Block B, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - FES 3 199 L 6A WHEPJ~AS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 31, Block B, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 31, Block B, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1,778.00 $3,929.52 Thc payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. ~EB 2 14 3 1999 j d/grrdc/seminoles/d/re so BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - 3 - 16A F~B 2 14 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 31, OF BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - FEE) 2 3 1999 I I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FEB 2 3 1999 This Agreement for the Waiver of Impact Fees entered into thi ay o 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as WlTNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Imp t; d rovemen an WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee Waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/~1 at its regular meeting of~~,/zh.v ~).~ , 1999; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan'ants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing FEB 2 3 1999 into an - 2 - impact fee waiver qualification criteria detailed in the Impact Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 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 FEB 2 3'/999 Fcc - 5 - FEB 2 3 ]999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF/~ ~(21~s C. Sm~ic~resid~ - 4 - F£B 2 3 ~999 STATE OF COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~2.~ day of?~z,e..,a~.~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is p6rsonally known to me. S~gi~ature of Person Taking Acknoqdedgme=t [NOTARIAL SEAL] },~ ~ ~ MY COMMI$.SION # CC 739612 ~ 'e O~ ~,,a- , ,XPIR I-.~: O../30./2002 ATTEST: D~GH;~E.zBROCK, Clerk .1~1 sufficiency '~. ~i~ :. is~to~ ' - Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ P~ClEL~ S. MA~'KiE, 'CHAIR~(VOMAN / jd/gm/c/naplesmanoraddn/agree - 5 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 31, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - FEB 2 3 '1999 RESOLUTION NO. 99fi 3~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 32, BLOCK B IN SEMINOLE SUBDIVISION, IMMOKALEE. 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; obi ective 1.5, policy 1.5.2, pglicy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2. l, policy 2.1. l, 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three~bedroom unit (the "Dwelling Unit") on Lot 32, Block B, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 32, Block B, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 32, Block B, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 32, Block B, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact Fee C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.00 399.00 179.00 14.00 1.778.00 $3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - FEB 2 9 1999 This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT. Ei. BROCK, Clerk 'ltteSt~ as .to, Chatnman:'s s'i~atUr~ 0nly. ~pprovod as to fo~ legal,~ufficiency:. ~i ~s~ton Assistant CounW A~omey BOARD OF COUNTY COMMISSIONERS COLLIER ~CA~INTY, FLORIDA By:Y~ P,~MELA S. MAC'KIE, CHAIR~QOM.~N / jd/gm/c/seminoles/d/reso - 3 - FEB 2 3 i999 EXHIBIT "A" LEGAL DESCRIPTION LOT 32, OF BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - 1 ! I I I ! I I I I I ! ! I I I I 1 I I I k, FEB 2 3 1999 FEB 2 3 1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~r~ay of~~v 1999, by and O between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiv~_~ impact fees for OWNER. embodied in Resolution No. 99-/_~ at its regular meeting of ~ ~-'-'-~_~ , 1999; and 0 - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing FEB 2 3-1999 into an - 2 - impact fee waiver qualification criteria detailed in the Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 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 FEB 2 3, 1999 Impact Fee - 3 - FEB 2 3 1999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years fi.om the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF co AT? ~a~'~ ~. Sn~~resident - 4 - STATE OF Florida ) COUNTY OF Collier ) FEB 2 3 1999 The foregoing instrument was acknowledged before me this by Charles C. Smith, known to me. day of..Y,o~,~.~t , 1999 Vice President of Habitat for Humanity of Collier County, Inc. He is personally · ..., .,~,.,, '% :... '9. (,- '.." ,,." .. ',:-' .. Ap~oved as to ~' md legal s~ffim~cy~ Heidi F. Ashton Assist~t Coun~ A~omey rare of Person Taking Ackno~ledgmen~-~-¥>--~---------------------- i Nme of Ac~owledger T~ed, Printed or St~,ffSfi,fi~_~~ 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA j d/gm/c/naplesmanoraddn/agree - 5 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 32, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - .,.. ,, '*'**:.:?' .,- ,:... 7" 1"5~ I(.. I ~ FEB 2 3 1999 February 23, 1999 Item #16A15 RESOLUTION 99-133 THROUGH 99-140 AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM 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 EIGHT VERY LOW INCOME SINGLE FAMILY HOMES TO BE CONSTRUCTED BY HABITAT FOR HUMANITY IN NAPLES MANOR Page 186 FEB 2 3 f999 RESOLUTION NO. 99-133 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 13, LOT 13, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, polic~, 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 13, Lot 13 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Block 13, Lot 13 Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and FEB 2 3 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 13, Lot 13 Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 13, Lot 13 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES Fo 399.00 179.00 14.00 1,778.00 1,275.00 $1.575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 2 This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER~D~/ ~ ~ By: /, PAMELA S. MAC'KIE, CHAIR~(~OMAN jd/c/Naples Manor Addition/reso 3 ~ 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 13 OF BLOCK 13, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 i FEB 2 ~) 1999 FEB 2 3 1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into th'~3_'day of ~/:)ra~ 1999,' by and~ between the Bored of Co~W Co~issioners of Collier Co--W, Florida, hereinafter refe~ed t~o as "CO~TY" ~d Habitat for Hum~iW of Collier County, ~c., hereinafter refe~ed to ~ WITNESSETH: ~E~AS, Collier Co~W Ordinmce No. 98-69, the Collier Co~W Regional Water ~Wor Sewer Systems Impact Fee Ordin~ce; Collier County Ordin~ce No. 88-97, as mended, · e Collier Co~ Libr~ System Impact Fee Ordin~ce; Collier Co~ty Ordin~ce No. 88-96, as mended, the Collier Co~ P~ks ~d Recreational Facilities Impact Fee Ordin~ce; Collier Co~ty Ordin~ce No. 91-71, as mended, the Collier CounW Emergency Medical Se~ices System Impact Fee Ordin~ce; Collier Co~W Ordin~ce No. 92-22, as mended, the Collier CounW Road ~pact Fee Ordin~ce; ~d Collier County Ordinance No. 92-33, as mended, the Collier Co~ Educational Facilities System ~pact Fee Ordin~ce, as they may be ~her mended ~om time to time hereinafter collectively refe~ed to as "Impact Fee Ordin~ce", provide for waivers of impact fees for new o~er-occupied dwelling unit quali~ing as affordable housing; ~d ~E~AS, O~R has applied for a waiver of impact fees as required by the Impact Fee Ordin~ce, a copy of said application being on file in the office of Housing and Urban ~provement; ~d ~E~AS, the Co~ty A~inistrator or his desi~ee has reviewed the O~R's application ~d has found that it complies with the requirements for ~ affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and ~E~AS, the impact fee waiver shall be presented in lieu of pa~ent of the requisite impact fees subject to satisfaction of all chteha in the Impact Fee Ordinance quali~ing the project as eligible for ~ impact fee waiver; ~d - 1 - FEB ) 1999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in regular meeting of /--'OdDr, _,Klgr-~ , 1999; and Fee Ordinance requires that the OWNER enter into Resolution No. 99-~ at its WHEREAS, the Impact Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the bo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 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 OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee following: - 2 - FEB 2 3 1999- Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - FEI 2 3 1999- 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria .at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years fi.om the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~t Name (..,,/'Print N am e ,..,~'-,,,.o-.,,,, ~,_ OWNERS: HABITAT FOR HUMANITY OF COLLIEI~COUNTY, INC./3 JS'6t~'a~ ;s ~2~. -S ~P;esid ent~ STATE OF Florida ) Ir£6 2 3 1999 COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day o~999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier Co--Inc. He is pff~onally known to me. [NOTARIAL SEAL] I-~TARY Ea ~ S~m & Si~tre of Person Taking Ackno~'edgrnent of Acknowledger Typed, Printed or Stamped ATTEST: DWIGH~ E. BROCK, Clerk ~f~provea as ~o,[om ~o J~gal sumc:eno~ : ~eidi F. ~hton ' - Assistant Co~ Attorney jd/gm/c/naplesmanorannex/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B¥;~W~OMAN - 5 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 13 OF BLOCK 13, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - x=,.. FEB z 3 1999 :~ '~,~ *** OR,' 2518 PG: 141~ · , .......... ~_ i'~~_~ .rrL':~ ..... ~ ' q ~ , I~ .......... ~ ' II ~ % , ., ~ ~- I , II ~ ~ ~x ~1'1' · I ~,,--~ ~ ~ '~ ~~- _~ ~ ,, ~, I' ~ /h ~ '1I' ~ iii ~ '1 ~ ~ ,.~ .... ~ --= ~ ~, ~ '~ ~.~ I"'~~~ ~ .... ~ ~-,~ , ~ .... 2' _0 - -~ ~ h ~ -- ~ 't .... 7 ~- ~'~ ~. I, . ~ ~'. ~1 I,' .~1~ . - ,'. '. I - ~l ~ .~ ' ~ ' ~' ;'! ~ ' ' ~ ' RESOLUTION NO. 99- ~ 34 2 3 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 14, LOT 20, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, polic~ 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 Parmership 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 14, Lot 20 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Block 14, Lot 20 Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and FEB 2 3 {999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 14, Lot 20 Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 14, Lot 20 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES Do Fo 399.00 179.00 14.00 1,778.00 1,275.00 $1.575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 2 FEB 2 3 199g This Resolution adopted after motion, second and majority vote favoring same. DATED:c?.?~?t..)' - ' DWIGHT E.:BROCK;.:Clet~. Approved ~s' ~U' fora and legal sufficiency: Heidi F. Ashton Assistant Coun~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PPlMELA S. MAC'KIE, CHAIRWOMAN / jd/c/Naples Manor Addition/reso 3 KEFB 2 3 lggg EXHIBIT "A" LEGAL DESCRIPTION LOT20 OF BLOCK 14 NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 FEB ~ 3 1999 iI % '.mO -I .... '---~' :Ii '~ . . .... E~ ,,.,.  .... '"" "" ~' " ' N . rn_-.I ...._ ~ -~-~--- r-- '--T~ .... ~ il .~ ~ , :[' ~ :ill n ~m _J I mZ'-~ ~.. _~_ ' . - .-.ii'-" - - · ,, ,, ..~ - ' · 'i,1:T ' l,L! ', · ~]~ ";' .'", !"-'"'-"-i I ,. '"i , ~, '..,'. ,1'~ I.~ , .'[1 . ~ .. · I;" - · ' AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into y o 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - FEB 2 3 1999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-]_'~q at its regular meeting of ~Drl~b/° ~ ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao bo eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 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 OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - FEB 2 1999 Ordinance. In remm for the waiver of ~¢ impact fees owed by O"vT~N-~R, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - FEB 3 1999 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF CO~ COUNTY, INC. ~ '~i~[es C- S ~t~J~ presl'~t 4 - STATE OF Florida ) F[[~ 2 3 ifl[l[[' COUNTY OF Gollier ) The foregoing instrument was acknowledged before me this ~,~-,~ day~1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier Co--nc. He is l~sonally known to me. __ _[~_OT_ __AR2I~__.~ _SE_ _AL_]_ _Si_ a~e of Person Taking A~knowle~gment ~ ~ MY COMMI~ION · CC 7~396 I1 ~*oFo ~x~a~: 05rs~02 Na~ae of Acknowledger Typed, Printed or Stamped 1-800-5-NOTARY Fla, Nola~y $~a'vice~ & Bo~din8 Co._ ~ jd/gm/c/naplesmanorannex/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOP~DA P~I~ELA S. MA'C'I~[E, cHAI / ~OMAN - 5 - FEB 2 ~) 1999. EXHIBIT "A" LEGAL DESCRIPTION LOT 20, BLOCK 14 NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOLUTION NO. 99- 1. 35 g'~ 2 ~ t599 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 5, LOT 6, NAPLES MANOR ANNEX, 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. sea_., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 5, Lot 6 Naples Manor Annex which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Block 5, Lot 6 Naples Manor Annex, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - T~rHEREA$, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of D. occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY COLLIER COUNTY, FLORIDA, that: 1. THE BOARD OF COUNTY COMMISSIONERS OF The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 5, Lot 6, Naples Manor Annex, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 5, Lot 6, Naples Manor Annex by Habitat for Humanity of Collier County, Inc.: Bo Fo Library Impact Fee Road Impact Fee Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES $ 180.52 1,379.00 399.00 179.00 14.00 1,778.00 1,275.00 $1,575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - !999 This Resolution adopted after motion, second and majority vote favoring same. ATTEST:" /4tt'~t aS to :Chairmants PProv2d?S to form legal suffimenc~?-; ' ~' I~Ieidi ~. Ashton Assistant Coun~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN jd/c/Naples Manor Annex/reso - 3 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 5 OF BLOCK 6, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 :~. '....~, .'~.., .. · , , .,' . , .,, .... · . ' ~',Z~'.~ '7'14,0 ..' '" '"' ;: ' ' ' ' Fz'-t'' 7~-- ' " ' .' &e _ :1 - ,, --' - .. . , .... -- ~ .. .r'-- - ~ - ~o - FEB AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thia:~_ ~ay of ~_r.~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as am. ~te~[ the Collier County Educational Facilities System Impact Fee Ordinance, as they may bl~ ~q~rther amended from time to time hereinafter collectively referred to as "Impact Fee Ord'.~ance", provide for waivers of impact fees for new owner-occupied dwelling unit quahilrving as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Imp~ Fee Ordinance, a copy of said application being on file in the office of Housing and UrbTm~ Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNEI~ application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - i - FEB 2 3 199g WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-].'~% at its regular meeting of '~~ ~fl ,1999;and 0 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 are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao bo eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 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 OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - FEB 2~ 3 1999- Ordinance. In return for the waiver of the impact fees owed by OVv-N~R, OVvqNrER covenants and agrees to comply with the affordable housin§ impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - FEB 2 3 1999- 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF /-C'l~ari~S C. Sm~ PresCient 4 - FElt 2 3 1999 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collqer County, Inc. He is personally known to me. [NOTARIAL SEAL] S~(tt~e of Person Taking Acknowlk~grnent ' O~f, JOANNE DAU3eVxxn.,a[ of Acknowledger Typed, Printed or Stamped ~ ~e My COMMISSION ~ CC T396tI] ~tll~ .ATTEST:.~ ~. ~, .,~ · · D .~[GHT E. BP~OC, K, Clerk : S~mvea as to,fom~d , '. legit ~fficienc~. ~is~an~ County Attorney j d/gm/c/naplesmanorarmex/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - 5 - FEB 2 3 199§ EXHIBIT "A" LEGAL DESCRIPTION LOT 6, BLOCK 5 NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - '~ ' RESOLUTION NO. 99- 1.a6 FEB2 3 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 5 LOT 16, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2;1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 5, Lot 16, Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 2 l, 1998 for a waiver of impact fees for the construction of a house on Block 5, Lot 16 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and FEB 2 3 1999 WHEP~AS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fcc waiver based upon thc following representations made by Habitat for Humanity of Collier County, Inc.: A. Thc Dwelling Unit shall bc sold to a first-time home buyer. B. Thc Dwelling Unit shah bc sold to a household with a very ]ow income ]cvcl as that tc~m 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. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of Co D. occupancy is issued. NOW THEREFORE, BE IT COLLIER COUNTY, FLORIDA, that: 1. RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 5, Lot 16 Naples Manor Extension, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 5, Lot 16 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: Do A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fcc Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES 399.00 179.00 14.00 1,778.00 1,275.00 $1,575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. FEB 2 3 i999 This Resolution adopted after motion, second and majority vote favoring same. DWm~/T E: sRo~, Clerk Appro~ asrto-fom' and legal SUfficiency: ~eidi FSAshton ~ Assistant CounW A~omey BOARD OF COUNTY COMMISSIO~IERS iYi~~MAN jd/c/Naples Manor Extension/reso 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 16 OF BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. , vvl, ~ 0 IC130 EXTENS {}N %T tO N. IK)II&Ti~)N 'I.INOC#.' TI-lC WN[.II$ or .?l-lC..I~KON ,U~CD T~4G $~k~C'. '~o C: PCflPr. TLM, I..USC:. c)~ -I~ ·'~)' AC K NOWI_F-~ (::iMC N T GC)IJNTY or CObI. ICN CCTTC . PRC: ~IC)CN ~ ',AND ~.CGNr. T*I~V RCli~C~;TIVC~.Y. TION ~a~NO 'THCY ~CXNOW~.~:D~CD. Tl~ rX.~GUTiON Or. or'rl¢Cm$ roil T)~C: ~$C1, AND Il UI~FO~I) ~'I-ICNC- T~4C. AC'.T Af~D DC:lCD ~r ~R&ll. OGVC:t. oPr. R~) .SAID .IrlV I~ o/..- '. t .% '1 1 ,i .,% 2 3 i999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~_ flay of~Drc~ 1999, by and -~, between the Board of County Commissioners of Collier County, Florida, hereinafter referred to~ as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNE S SETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - FEB 2 3 1999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/~(,~ at its regular meeting of ]xt]D/'~q~,~'~ , 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND W~TIES. OWNER represents and warrants the following: eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 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 OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - FEB 2 9 19gg Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COLrNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - FEB 2 3 i999- 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years fi.om the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNER: HABITAT FOR HUMANITY OF 4 - FEB 2 3 1999 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of ~7..~,,,..~_~ ,1999 by Charles C. Smith, Vice President of Habitat for Humanity of Col le--fmr County, Inc. He is/~personally known to me. [NOTARIAL SEAL] Si~_.~e of Person T~ng Ac~o~d~ent {~. ~m~l~lON I~)ml~ of Ac~owledger T~ed, ~nted or Stmped ATT.. EST:"' :, fF.;.,-V' [5~/IGHT E: BROCK'_, Clerk ~'~:~leg ~cf .... ¢ 1 Heidi F. Ashton Assist~t Co~ Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~~ P~VIELA S. MAC'KIE, CHAIRWOMAN / jd/gm/c/naplesmanorannex/agree - 5 - ~EI~ 2:3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 16, BLOCK 5 NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - FEB 2 m~ 1999 *** 0t~: 2518 ?~: 1437 *** N XTF NSE{IN CA -T. |0 N ut, d~'.'(., IrL. C)lr;m.~A'. ~ iq.B. 1.4CL.~v4'~. j ACK NOWLF_..DGMr" N T I) .~Tr. or' IrL. c)~lo/, . -' '3, A~,~C "~o. 8C 'T)-ICI~W r~CC ~C,q' AI~iC) OCT. C) ~ / · ~AIO G'~) ~ ~lO I~IAT JO N ,.,o~'-.-,' -u-,-c, ~',',,~,,)' o,' ,',-o-,c,^ ,,,'~ ,..^,,,oc ! .. =; , ~ Ni-. C. OI:t. z~ · , f · 4· '.i RESOLUTION NO. 99- 137 ~'~ 2 ~ 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 6 LOT 10, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2;1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. sea.., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 6, Lot 10, Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Block 6, Lot 10 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee ordinance, ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED COLLIER COUNTY, FLORIDA, that: 1. BY THE BOARD OF COUNTY COMMISSIONERS OF The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 6, Lot 10 Naples Manor Extension, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 6, Lot 10 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: Do A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES 399.00 179.00 14.00 1,778.00 1,275.00 $1.575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 1999 This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS BY: P~/AM~E2 S. M/AC'KiE, CHAI¢OM~N jd/c/Naples Manor Extension/reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 10 OF BLOCK 6, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 XTNNS {}N vv~ ~ ~1 13~0 ! I AG I,( NOWI..F-..D OMC. N T ~HC ~AWI O~ r~o~A~ To ~C. ~WN '~0 mc ~ S&~C qO BC ~iN' r~CC 'A~T &ND ~O A~ S~iO / t~eo A"I b, APKI)C DI T~ .. t .t i '1 t o, · .'.l~.ll, IN4,.. '.WI:GON~) ! I-~G'NI:I~" GGNT~i~Y THa, T' ~T~i4 mt.~,"~ OF' AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FEB 2 3 1999 This Agreement for the Waiver of Impact Fees entered into thiCT][3_r~ay of~s4~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to~ as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as':' "OWNER." WI TNE S S E TH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - FEB 2 3 !999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/3"7 at its regular meeting of ~o_~~ ~ , 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 are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF /-~i'arles C~~)~ice Pr~ident 4 - STATE OF Florida ) FEB 2 3 1999 COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day o~~~,~Fr4 999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier Count3q4'nc. He is personally known to me. [NOTARIAL SEAL] JOANNE DALBEY MY COMMISSION # EXPIRES: 05t30/2002 I.gOO-~-NOTARY Fla. Notmy Services & Bonding Co. of Person Taking of Acknowledger Typed, Printed or Stamped ATTEST:... :' D WIGHT E. BROCK, Clerk ...t° ~j ~ ,.~,. ,...:~ _, ~. ~ , legal ssffi~?ncy ,* Heldl F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA P~ffELA-S.-MAC'KIE, cHAI~qVOMXN jd/gm/c/naplesmanorext/agree - 5 - FEB ;~ 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 10 OF BLOCK 6, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. (22) - 6 - FEB 2 3 1999-. ***'OR: 2518 ?G: 1444 *** N XTN NS {IN ;ATIO N TN[A1. AC K NOWL_Ir D ~MF- N T 'r I~L,.O~IO ~ . .. ' ~ AT r. Or' . . · COUNTY Or' COL. t. II:FI ..' ~C~ON~ w~o CXC~CO ,T~C' FO~C~O~ r~C Af.T ANO OCCO or ~RAIL DCV~OPC~ % IN~ . I~0 ' ' '~ L) ~"AI lei v ~., '-I RESOLUTION NO. 99-138 FEB 2 3 199 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 2 LOT 19, NAPLES MANOR LAKES, 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 2, Lot 19, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Block 2, Lot 19, Naples Manor Lakes, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of thc 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 - FEB 2 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 2, Lot 19, Naples Manor Lakes, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 2, Lot 19, Naples Manor Lakes by Habitat for Humanity of Collier County, Inc.: Fo A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES 399.00 179.00 14.00 1,778.00 1,275.00 $1.575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. 1999 ATTEST:., DWII3HT E.~CK, 51erk ApProVed as legal sufficiencY: Heidi F. ~shtfin ' - Assis~nt Co~W A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PA/MELA S. MAC'KIE, CHAIRWOMAN / jd/c/naplesmanorlakes/reso - 3 - 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 19 OF BLOCK 2, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 ~'EB 2 3 1999 hiqAD{:: BY .k,4£ ,,, 'THA'K 5'.~--_.H /mm)(..A~T' AND S) TAI"~ · Or , r~OIqlDA : 1999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thin'ay of ~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as°~ "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collective referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's applicatio~ and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - FEB 2 3 1999- V~I~^S, the COUNTY approved a waiver of impact fees for OVv~R embodied in atit . arm otin of , 999; 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 are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao bo eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 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 OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - FEB 2 3 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thc Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent pumhaser, the Dwelling Unit shah be sold only to households meeting the criteria set forth in thc Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - FEB 2 3 11. DEFAULT. OVv~I-ER shall be in default of th~s ^greemcnt (1) where OWNER fa~ls to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Lmpact Fcc Ordinance and thereafter fails to pay the impact fees due within tl~rt7 (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name ffj?rint Name OWNERS: HABITAT FOR HUMANITY OF ~rl~ ~. ~sm~Q~ PresidehSx 4 - FEB 2 3 1999. STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of ~__~E2:a~~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Colli6r County, Inc. He is p~sonally known to me. [NOTARIAL SEAL] i~amre of Person'T~aking Acknovt~dgment e of Acknowledger Typed, Printed or Stamped ~: ATTEST.:~ ,'. . };,~.WlOHT E?'gROCK, Clerk ,'t~ga[sUffiCie~c~-. ~JJi F. Ash[on Assist~t Co~ Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jd/gm/c/naplesmanorlakes/agree - 5 - F£B 2 3 19.99 EXHIBIT "A" LEGAL DESCRIPTION LOT 19, BLOCK 2 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - · ~ 'Or !' J · ~CGISTC~O. ~V~Y~ i~ - I: I. .~ .-~- I I . {.'k ~' .... ' RESOLUTION NO. 99- ~ 39 2 3 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 13, LOT 1, NAPLES MANOR LAKES, 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 Parmership 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 13, Lot 1, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Block 13, Lot 1, Naples Manor Lakes, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and FEB 2 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 13, Lot 1, Naples Manor Lakes, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 13, Lot 1, Naples Manor Lakes by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES o 399.00 179.00 14.00 1,778.00 1,275.00 $1.575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 2 FEB 2 9 i999 This Resolution adopted after motion, second and majority vote favoring same. ATTEST: ..., !- ;' ii DWIGHT E. BROCK,.~lerk S. Approw~s t0 f6~' find legal sufficiency: Heidi F. Ashton Assistant CounW A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ PAMELA S. MAC'KIE, CHAIR~flTOMAN / jd/c/Naples Manor Lakes/reso EXHIBIT "A" LEGAL DESCRIPTION LOT 1 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi _s~Y~ay of~a~:i~1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred td::l as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to a~ WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - 'v~I~^S, the COtSNT¥ approved a ~e~ of impact f~e~ fo~ O~R embodied in Resolution No. 99- / ? i at its re~l~ meeting of ~O~ ~ , 1999; ~d ~~AS, ~e ~pact Fee Ordinmce requires ~at ~e O~R enter imo ~ A~eement wi~ ~e CO~Y. NOW, THE~FO~, ~ considermion of ~e foregoing reci~ls, the p~ies coven~t ~d a~ee ~ follows: 1. ~CIT~S ~CO~O~TED. ~e foregoing recitals ~e ~e ~d co~ect ~d shall be inco~orated by reference herein. 2. LEG~ DESC~TION. ~e legal description of ~e dwelling ~it (the "Dwelling U~t") ~d site pl~ ~e aRached hereto ~ Ex,bit "A" ~d inco~orated by reference herein. 3. TE~. O~R a~ees that the Dwelling U~t shall mm~n ~ affordable housing ~d shall be offered for sale in accord~ce with the st~d~ds set fo~h in the appendices to the ~pact Fee Ordin~ce for a period of fi~een (15) ye~s co~encing ~om ~e dine the ce~ificate of occup~cy is issued for the Dwelling U~t. 4. ~P~SENTATIONS ~ W~TIES. O~R represents ~d w~ts ~e following: a. ~e Dwelling Unit shall be sold to a household with a ve~ low income as defined in the appendices to the ~pact Fee Ordin~ce ~d hisser monthly pa~ts to p~ch~e the Dwelling Unit shall be within the affordable housing ~idelines established in ~e appendices to the Impact Fee Ordin~ce; b. The Dwelling Unit shall be sold to a first-time home buyer; c. ~e Dwelling U~t shall be the homestead of o~er; d. The Dwelling U~t sh~l rem~n ~ affordable housing for fi~een (15) ye~s ~om ~e date the ce~ificate of occup~cy is issued for the Dwelling Unit; ~d e. O~R is ~e owner of record of the Dwelling Unit ~d owes impact fees in the total mo~t of $6,779.52 p~su~t to the Impact Fee - 2 - 3 1999 FEB 2 3 1999 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - FEB 2 3 1999 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~-P..rint Name ~ ca. ~. ~ ~I.~ OWNERS: HABITAT FOR HUMANITY OF ~(ltrarl~ss C. Smith, ~ce Pl/esident'% 4 - FEB 3 {999 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this,:~ day of~.,~.~_ ~ ,1999 by Charles C. Smith, Vice President of Habitat for Humanity of Colher County, Inc. He as ~ersonally known to me. [NOTARIAL SEAL] ~n/ature of Person Taking Ackn~ledgrnent I~,,~'%. jO^~rNE r),~a,BE¥ Nan~e of Acknowledger Typed, Printed or Stamped NOTARY lqi Nola~y Se~vice~ & ~nE ~ ~ -~__~~_-~-~--~- - ATTEST; ~'i" Heidi F. Ashton Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I~AMELA S. MAC'KIE, CHAIR~)MAN / jd/gm/c/naplesmanorlakes/agree - 5 - FEB 2 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 1, BLOCK 13 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - j ~ I I ,.l ,,~ : . ~ lI ~l , ' ~ -~ ..... p b .-. G z/ I -/ 'i RESOLUTION NO. 99-~ 40 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON BLOCK 15, LOT 5, NAPLES MANOR LAKES, 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Block 15, Lot 5, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Block 15, Lot 5, Naples Manor Lakes, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee ordinance, ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and FEB 3 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Block 15, Lot 5, Naples Manor Lakes, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Block 15, Lot 5, Naples Manor Lakes by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES Do o 399.00 179.00 14.00 1,778.00 1,275.00 $1.575.00 $6,779.52 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 2 FEB 2 3 ~999 This Resolution adopted after motion, second and majority vote favoring same. ; ATTEST: 'DWIGHT E. BROCK, iClerk ~st, ms to Chairma~'s :~tu~ e 0qly. 'IApPr~'~d as~o' form and ~egal sufficiency~., -~,, '..'~' ' H~idi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:p~N jd/c/Naples Manor Lakes/reso 3 FEB ~ 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 5 OF BLOCK 15 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 · - r,..(,, k AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thia:~tOday of ~el~ua~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to~ as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNE S SETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- I I-/0 at its regular meeting of '~'e~~ , 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 are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 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 OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - Ordinance. In retum for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived 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 fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - FEB 2 3 19 1 J 11. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years f~om the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a 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 fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print OWNERS: HABITAT FOR HUMANITY OF ~l~a{'le~ C. Sm~ ~reside~ 4 - FEB 2 3 1999 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of ?_~51~m~a~.,9~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. Heis tfersonally known to me. [NOTARIAL SEAL] i~ature of Person Taking Acknl~j~vledgrnent .:]lltff,. .vco~,nss.o..cc~.Nar~e of Acknowledger Typed, Printed or Stamped BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~AN jd/gm/c/naples manor lakes/agree - 5 - FEB 2 3 1999 E~IT "A" LEGAL DESCRIPTION LOT 5, BLOCK 15 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - February 23, 1999 Item #16A16 BUDGET AMENDMENT TRANSFERRING FUNDS FROM BUILDING PERMIT FEE RESERVES TO COM/~UNITY DEVELOPMENT ADMINISTRATION/INSPECTION FOR THE PURCHASE OF A 4 X 2 TRUCK AND MACHINERY FOR ENVIRONMENTAL HEALTH Item #16B1 - This item has been deleted Item #16B2 PURCHASE OF TWO MODEL TL70 TRACTORS AND ONE MODEL 555E BACKHOE IN THE AMOUNT OF $97,523.00 UNDER FLORIDA STATE CONTRACT #765-90-98-1 TO NEW HOLLAND NORTH AMERICA, INC. Item #16B3 CONSULTANT SELECTION RANKING UNDER RFP 98-2904 FOR THE DESIGN OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO VANDERBILT BEACH ROAD AS FOLLOWS RESPECTIVELY~ AGNOLI, BARBER & BRUNDAGE, INC. (TEAMED WITH JOHNSON EINGEERING, INC.; WILSON, MILLER, BARTON & PEEK, INC.; AND TEI (TEAMED WITH WILKISON & ASSOCIATES, INC.) Item #16B4 BID NO. 98-2885 AWARDED TO CENTRAL FLORIDA LANDSCAPING, INC. FOR THE DAVIS BOULEVARD PHASE II MEDIAN LANDSCAPING IMPROVEMENT PROJECT BETWEEN AIRPORT-PULLING ROAD AND COUNTY BARN ROAD IN AN AMOUNT NOT TO EXCEED $578,663.51 Item #16B5 LELY AREA STORMWATER IMPROVEMENT PROJECT - PHASE i DESIGN PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI, BARBER AND BRUNDAGE, INC. (PROJECT NO. 31101) IN THE AMOUNT OF $79,926.00 Page 187 FEB 2 3 19§9 LELY AREA STORMWATER IMPROVEMENT PROJECT - PHASE 1 PROFESSIONAL SERVICES AGREEMENT thi.s~r) THIS AGREEMENT is made and entered into day of. ¥~..~of'~o, 19 C1~[ , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and [ex-officio the governing board of the Collier County Water-Sewer District] (hereinafter referred to as the "OWNER") and Agnoli, Barber and Brundage, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is Agnoli, Barber and Brundage, Inc., 7400 Tamiami Trail N., Suite 200, Naples, FL 34108 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and design services of the CONSULTANT concerning certain design services for the Lely Area Stormwater Improvement Project (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a propo.sal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1999 1.1. CONSULTANT shall provide to OWNER professional engineering and design services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, FEB 2 3 1999- acknowledging that the Project Manager shall have full authority to bind and obligate tl~e CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards.of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or 3 1999- legislative proceedings where such information has been properly subpoenaed, any non-pubiic information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 4 FEB 2 3 1999 2.1. Preparation of applications and supporting documents (except those already to be fumished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other th,~n the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. otherwise provided for in this Agreement or not customarily furnished in generally accepted engineering and design practice. ARTICLE THREE OWNER'S RESPONSIBILITIES Additional services rendered by CONSULTANTS in connection with the Project, not accordance with 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to 6 FEB 2 3 1999 transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such services; or (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT, provided that the change (or the sum of the changes) amounts to 10 percent or less of the current Board approved amount and does not exceed $50,000. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. FEB 2 3 1999 - 3.3. CONSULTANT acknowledges that access to the Project Site, to be arran§ed by OWNER for CONSULTANT, may be provided dudng times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to 8 its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within one hundred fifty (150) days of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SlX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnifl7 and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys 9 FEB 2 3 1999- fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracing's, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and dudng the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER 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 misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named ]0 2 3 1999 CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this ADreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from 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 the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. l! ARTICLE ELEVEN WAIVER OF CLAIMS 1999 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and FEB 2 3 1999- CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior wdtten notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for 13 CONSULTANT, any fee, commission, percentage, gift or any other consideration continger~t upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Agreement. adjustments shall be made within one (1) year following the end of this ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: 14 Board of County Commissioners, Collier County Florida c/o Office of Capital Projects Management 3301 Tamiami Trail East Naples, FI. 33962 Attention: Robert C. Wiley, P.E. FEB 2 3 1999 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail N., Suite 200 Naples, FL 34108 Attention: Mr. Dan Brundage, P.E. 16.3. Either party may change its address of record by wdtten notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a 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 terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of forty-four (44) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, wdtten or oral, relating to the matter set forth herein, and any such prior agreements or understanding Agreement. shall have no force or effect whatever on this ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year first written above. ATTEST: I~'~i~°ck, Clerk Date: Approved as to form and legal sufficiency: unty Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE. G'O~'I~N't'I~,,.," BOARD OF THE COLLIER:COUNTY WATER~. SEWER DISTRICT].-::::'-,~._. ~ ?.,..,,~ . . By: Witness Witness AGNOLI, BARBER AND BRUNDAGE, INC. 17 SCHEDULE A SCOPE OF SERVICES FEB 2 3 1999 Schedule A consists of the following component Parts: A. 1. DESCRIPTION OF PROJECT A.2. TASK 1 - BASIN/FUNDING DISTRICT BOUNDARY DETERMINATION A.3. TASK- 2 FIELD SURVEYING AND DOCUMENTATION FOR EASEMENT ACQUISITION (Not implemented at this time) A,4o time) TASK 3 - CONSTRUCTION PLANS PREPARATION(Not implemented at this A.5. TASK 4 - CONSTRUCTION BID PACKAGE PREPARATION (Not implemented at this time) A.6. TASK 5 - PHASING AND COST ESTIMATE PREPARATION A.7. CONSTRUCTION CONTRACT ADMINISTRATION. implemented) (Optional when A.5 above is A.8. DETAILED implemented) OBSERVATION OF CONSTRUCTION. (Optional when A.5 above is 18 A.1. DESCRIPTION OF PROJECT. FEB 2 3 1999 A. 1.1. Since 1990, the County has been working on the design and environmental permitting for the Lely Area Stormwater Improvement Project (LASIP). LASIP is a large regional stormwater management improvement project in East Naples covering an area from Radio Road to south of US-41 and CR-951 to near the intersection of US-41 and Rattlesnake-Hammock Road. As the conceptual design and permitting are completed, there is a need to follow up with five specific task areas as follows: Task 1. Locate the total basin boundary for the project and provide a written legal description suitable for use in establishment of a taxing, assessment, or any other type of funding district; Task 2. Locate property lines, perform topographical surveys, obtain all other surveying information necessary to prepare detailed construction drawings, and prepare sketches and legal descriiptions necessary to complete the drainage easement acquisitions for the Phase 1 construction activities; Task 3. Design and prepare the detailed construction plans that will be used in the Phase 1 construction effort; Task 4. Develop the detailed construction bid documents (e.g. construction specifications, bid sheets, and any other information needed by a contractor to prepare a valid and clearly understood bid) suitable for the County to release for advertised bids; and Task 5. Develop a detailed construction cost estimate suitable for the County to use for Phase 1 and in planning for the future construction of the entire LASIP. The initial work for the Phase 1 engineering design will consist of Tasks 1 and 5. Upon approval of the conceptual permits by the appropriate state and federal agencies, a detailed Scope of Services and Fee Proposal will be developed as an Addendum to this Agreement. 19 A.2. TASK 1 - BASIN/FUNDING DISTRICT BOUNDARY DETERMINATION. FEB 2 3 1999 A.2.1. Drainage Basin Limits Research: Collier County will provide the team with both a print copy and electronic media copy of the preliminary drainage boundaries (AutoCAD format, Version 14) developed by Law Engineering and Environmental Services, Inc. (LAW). The team will also gather available water management information within the approximate basin boundary. This information will include, (but will not be limited to) review of South Florida Water Management District permits, U.S. Army Corps of Engineers dredge and fill permits, Collier County land development permit applications, County and State road drainage maps, Collier County drainage atlas maps, aerial and topographic surveys, U.S.G.S. quad maps, soils maps, County tax maps, and available drainage basins studies. The team will collect and review this information with regards to its current accuracy and to locate any contradictions in this raw data. A.2.2. Preliminary Mapping: The team will utilize the collected data to refine the preliminary basin map outlining the three major sub-basins (Lely Main, Lely Branch, and Lely Manor) and any isolated areas within the basin boundary. This preliminary map will be refined to verify sub-basins and locate areas' that require additional information. This mapping task will be developed in AutoCAD 14 format so that the map may be utilized in future functions for drainage permitting, design and funding tasks. The team will provide this prelimin~iry map to Collier County staff in paper prints and on electronic media for review and comment. A.2.3.......Supplemental Investigation: The team will review the preliminary mapping and make recommendations with regards to development of the supplemental information to address contradictions or gaps in the data. These supplemental steps may include the following: 20 Field Survey Topographic Survey Field Investigations During Rainfall Events Interviews with Property Owners 1999 This information will be utilized to supplement the basin map. The internal segments will confirm sub-basins and preliminary flow quantities and directions. A.2.4. Basin Boundary: Utilizing the preliminary and supplemented basin map, the team will prepare and submit a legal description of the basin boundary adequate for development of notification and assessment estimates for the project. This will include a sketch and description with acreage and configuration for use in public notices and legal documents. A.2.5. Drainage Network: Utilizing the design work prepared by LAW for the environmental permitting along with the basin boundary and sub-basin information collected in the tasks noted above, the team will evaluate and confirm the drainage basin network model. This evaluation will be utilized to locate substandard segments, determine the contribution of each area to the overall existing and proposed basin flow quantities, and estimate their impacts on the overall system in an incremental basis. The network analysis will review the existing channel facilities and proposed channel and structure improvements including, but not limited to vegetation removal, sediment removal, weir construction, pipe replac_ement, channel widening, channel deepening, erosion control, easement acquisition and maintenance. The network analysis is proposed in order to address individual sub-basin needs along existing channels and/or flow ways. Once this network is evaluated, improvements can be designed, starting at the downstream end and the effect of each of the upstream reaches can be determined so that construction improvements and costs can be optimized. 2! FEB 2 3 1999- A.3. TASK 2 - FIELD SURVEYING AND DOCUMENTATION FOR EASEMENT ACQUISITI(~N (Not implemented at this time) A.4. TASK 3 - CONSTRUCTION PLANS PREPARATION (Not implemented at this time) A.4.1. Provide OWNER with proposed final construction drawings and detailed opinions of probable total Project construction costs in writing for OWNER's review, prior to completion of the final Contract Documents, so that any changes that may be necessary in accordance with Project's budgetary schedule can be made prior to bid. A.4.2. Upon OWNER's approval of detailed opinions of probable total Project and construction costs, provide to OWNER, for its review and approval, five (5) copies of final Contract Documents. A.5. TASK 4 - CONSTRUCTION BID PACKAGE PREPARATION (Not implemented at this time). A.5.1. CONSULTANT shall assist in securing bids and.' (a) provide interpretation and clarification of Contract Documents during bidding; .(b) coordinate bid process with Collier County Purchasing Department and P.W.E.D., including advertisements, publications, Contract Document sales and receipt of bids; , (c) attend and participate in pre-bid meeting with prospective bidders; (d) as requested, assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; (e) assist OWNER in evaluating bidder's previous experience, if necessary; (f) prepare and issue addenda as appropriate to interpret or clarify Contract Documents; FEB 2 3 1999- (g) provide OWNER with a recommendation as to the acceptability ~f subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents~ (h) provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents~ and, (i) make a recommendation of contract award. A.6. TASK 5 - PHASING AND COST ESTIMATE PREPARATION A.6.1. Main Channel and Secondary System Segmentation Analysis: The network analysis performed in A.2.5 above will be used to delineate clear segmentation of improvements. These incremental improvements will generally start at the project out'fall and move upstream and will be broken into logical construction sections to develop regional improvements. A.6.2. Cost Estimating: A preliminary order of magnitude construction cost estimate will be developed for each of the incremental channel and basin improvements. These incremental improvements cost estimates will include mobilization, design and permitting costs. It is understood that some of these costs can be reduced if several increments are (~onstructed simultaneously. This estimating will be done utilizing the latest available costing information from FDOT handbooks, Collier County bid results and other information available to the consultant team. Alternate materials and procedures will also be investigated in the cost estimating to see if this may help reduce construction and/or maintenance costs. A.6.3. Cost/Phasing: 23 1999- The improvements will be phased to fit a funding schedule based on the analysis performed above. The cost, funding and benefits will start with the main outfall channel and move upstream. It is believed that by doing this, the majority of the basin will receive some initial benefits. Future developments and improvements will benefit remaining properties located upstream of the initial improvements. The team will evaluate phasing with respect to pay- as-you-go versus financing alternatives with the emphasis on tax millage impacts. This costing and phasing analysis will be projected to take the project from the initial design and permitting phase through the final construction and maintenance phase of the project. A.7. CONSTRUCTION CONTRACT ADMINISTRATION. implemented) (Optional when A.5 above is A.7.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and monthly coordination meeting with OWNER and contractor. A.7.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.7.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. 24 A.7.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.7.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.7.6. Submit to OWNER, in a format acceptable to OWNER, monthly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.7.7. Review shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.7.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and FEB 2 3 1999 (c) the contractor(s) is (are) entitled to payment in the recommended amount. A.7.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.7.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.7.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide wdtten recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. FEB 2 9 1999 A.7.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of ProJect and preparing all necessary documents, including but not limited to, mien waivers, contractor's final affidavit, close-out change oFUeFs, and final payment application. A.7.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.7.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.8. DETAILED OBSERVATION OF CONSTRUCTION. (Optional when A.5 above is implemented) A.8.1. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.8.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, all existing private facilities within the work zone, existing pre-construction surface conditions, important 27 (b) (c) (d) FEB 2 3 1999 phases of construction, construction observations that detect questionable practices or special interest areas, problems or accidents, surprises from unanticipated conditions and other items needing visible documentation for future reference, process and submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; maintain appropriate field notes from which record drawings can be generated; maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and observe operation or performance testing and report findings to OWNER and contractor [e.g., including copies of bacteriological and pressure tests when potable water lines are involved upon completion of operable units]. END OF SCHEDULE A 28 SCHEDULE B BASIS OF COMPENSATION FEB 2 3 1999 B.1. BASIC SERVICES B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2 and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable fees as shown on Attachment A entitled "Schedule Fees for Basic Services" dated 15-Dec-98. B.1.2. Payment For Basic Services under Parts A.2 and A.6 of Schedule A shall be paid on a time and reimbursable basis upon receipt of an approvable invoice on no more than a monthly basis. B.2. ADDITIONAL SERVICES B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this. Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Additional Services, in the interest of the Project, listed in the following sub-paragraphs: F£P 1999- (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Parts A.2 and A.6 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3. PAYMENT PROVISIONS B.3.1. In no case shall the time and reimbursable figures on Attachment A be exceeded without a change in the scope of the project being approved by the County Administrator or his designee. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The project number and number of the purchase order by which authority the services have been made, shall 30 appear on all in¥oices. ^11 in¥oices sl~all be reasonably s~bstantiated, identi~ the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services and Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating sub-consultant activities (other than Johnson Engineering, Inc. and Camp, Dresser and McKee, Inc. which submitted as sub-consultants as a part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall conjunction with the provision of Basic Services as set forth in Pads A.2 Schedule A. be paid in and A.6 of END OF SCHEDULE B. FEB 2 Attachment A Schedule of fees for Bas±c Serv±ces ~.- o ~ ~=~ E~ Z~~, e ~ c~=Z ~ = E~ =~'eS-- ~=.E~ ~0 ~ ..... Z~O~ ~ 3 1§99 FEB 2 3 -1999 A~ITACHMENT B AGNOLI, BARBER AND BRUNDAGE, INC. CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE Registered Engineer/Principal Sr. Registered Engineer Registered Engineer Sr. Design Engineer Design Engineer Technician Planning Director Administrative Planner Certified Planner Project Planner/Urban Designer Project Manager Project Manager (P.L.S.) Project Manager (P.E.) Sr. Project Manager (P.E.) Sr. Registered Surveyor Registered Surveyor Technician I Technician II Technician III Technician IV Two Man Survey Crew Three Man Survey Crew Four Man Survey Crew Five Man Survey Crew Controller Design Draftsman Draftsman Courier Clerical I Clerical-II Blueprints 24 x 36 Blueprints 36 x 48 Mylar Sepia 24 x 36 Mylar Sepia 36 x48 Copies 8-1/2 x I 1 Copies 8-1/2 x 14 Copies 11 x 17 Aerial Target 6' Aerial Target 12' Ground Aerial Target 12' Road Mileage 4-Wheel Mileage Registered Engineer/Expert Wimess Certified Planner/Expert Witness Registered Surveyor/Expert Witness Manager/Expert Witness $115.00 Hr. $ 95.00 Hr. $ 80.00 Hr. $ 70.00 Hr. $ 60.00 Hr. $ 38.00 Hr. $100.00 Hr. $105.00 Hr. $ 80.00 Hr. $ 65.00 Hr. $ 75.00 Hr. $ 95.00 Hr. $ 95.00 Hr. $105.00 Hr. $ 80.00 Hr. $ 70.00 Hr. $ 42.00 Hr. $ 50.00 Hr. $ 58.00 Hr. $ 65.00 Hr. $ 80.00 Hr. $ 90.00 Hr. $100.00 Hr. $110.00 Hr. $ 65.00 Hr. $ 45.00 Hr. $ 35.00 Hr. $ 20.00 Hr. $ 35.00 Hr. $ 40.00 Hr. $ 1.50 Ea. $ 2.50 Ea. $ 15.00 Ea. $ 20.00 Ea. $ .05 Ea. $ .07 Ea. $ .10 Ea. $ 7.00 Ea. $ 14.00 Ea. $ 21.00 Ea. $ .31 Mi. $ .50 Mi. $200.00 Hr. $200.00 Hr. $200.00 Hr. $200.00 Hr. FEB 2 ,t ~999 SCHEDULE D INSURANCE COVERAGE FEB 2 3 1999 (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 35 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) X Yes (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: 36 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) FEB 2 3 1999 $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) __Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) ~X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent 37 FEB 2 3 {999 Contractors, Broad Form Property Damage inc{uding Comp{eted Operations and Products and Completed Operations Coverage. Products and Comp{eted Operations coverage shall be maintained for a period of not less than five (5} years following the completion and acceptance by the Owner of the work under th{s Agreement. L{mits of LiabiI{ty shall not be {ess than the foi{ow{ng: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 5O,OOO General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $SO0,OO0 $SO0,OO0 $5OO,OOO $ 5O,OOO X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. 38 (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) Applicable .X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. insurance shall be maintained, unless otherwise provided in the Contract 39 Such property Documents or FEB 2 3 1999 otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. . (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, 4O FEB 2 3 1999 which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ 4! AUTOMOBILE LIABILITY INSURANCE FEB 2 3 199g Required by this Agreement? (check one) X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required bythis Agreement? (checkone) X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) X $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 43 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE FEB 2 3 1999 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Agnoli, Barber and Brundage, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering and design services of the CONSULTANT to be provided under the Professional Services Agreement, concerning the Lely Area Stormwater Improvement Project are accurate, complete and current as of the time of contracting. Agnoli, B_arber and Brundage, Inc. Daniel W. Brundage, I~.E~, 3resident DATE: Revised: JUNE 3, 1997 AC February 23, 1999 Item #16B6 LIVINGSTON ROAD CONSTRUCTION ENGINEERING INSPECTION PROFESSIONAL SERVICES AGREEMENT WITH KISINGER CAMPO AND ASSOCIATES CORP. IN THE AMOUNT OF $632,873.00 Page 188 LIVINGSTON ROAD (60061) CONSTRUCTION ENGINEERING INSPECTION SERVICES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this::>4:~'~day of Y'C./~d~ 19 c~-[ , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer Distdct (hereinafter referred to as the "OWNER") and Kisinger Campo and Associates Corp. a Florida corporation, authorized to do business in the State of Florida, whose business address is 2201 North Lois Ave., Suite 1200, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional construction engineering inspection services of the CONSULTANT concerning certain design services for Livingston Road (Proj. No. 60061) (hereinafter referred to as the "Project"), said services being more fully described .in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: -]- ARTICLE ONE CONSULTANT'S RESPONSIBILITY FEB 2 3 1999 1.1. CONSULTANT shall provide to OWNER professional construction engineering inspection services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified person to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written -2- 1999 _ statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's. review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper -3- FEB2 31999 - performance of the CONSULTANT's obligations hereunder, or in the course of iudi¢ial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to prepare all monthly and final payment estimates for work completed by the construction contractor. Project completion dates will also be prepared by the CONSULTANT. Said monthly/final payment estimates and Project completion date schedules shall be in a form approved by the OWNER. 1.10. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's -4- FEi) 2 3 1999 schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.8. Providing surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work as requested by the County's Project Coordinator. 2.9. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. -5- 2.10. Preparing to serve or serv)ng as a CONSULTANT or witness for OWNEER in or other legal or administrat)ve proceeding, involving the Pro)ect {except for assistance in consu)taUons wh)ch are inc)uded as part of the Bas)c Serv)ces to be prov)ded here)n}. 2.11. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted construction engineering inspection practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such services; or (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT provided that the change (or the sum of the changes) amounts to 10 percent or less, of the current Board approved amount and does not exceed $50,000. 3.2. The Project Coordinator shall: -6- (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be provided at all times by OWNER for CONSULTANT. 3.4. OWNER shall be responsible for the acquisition o[ all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with t~e Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within thirty (30) calendar days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for eady completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within four hundred eighty (480) calendar days [subject to a start date corresponding with the selection of a construction contractor, the intent being to have the CEI consultant staff available approximately thirty (30) days prior to start of actual construction] of the date hereof, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of a twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other FEB231999- rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SiX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become'the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to' any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. -9- FEi 3 1999 - ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER 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 misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental' to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agenti~ by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. -10- FEB2 3!99g - 8.2. CONSULTANT acknowledges that the general conditions of any construction contra-ct shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from 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 the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff and sub-consultant (Forge Engineering, Inc.), unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party qr any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of 1999 - this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the. remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such FEB 2 3 1999- termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. · 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely~ for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto 1999 and incorporated herein as Schedule E, stating that wage rates and other factual unit co.~ts supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. N° modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Public Works Engineering Department 3301 Tamiami Trail East Naples, FL 34112 Attention: Robert C. Wiley, P.E. 1999 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Kisinger Campo and Associates Corp. 2203 North Lois Ave., Suite 1200 Tampa, FL 33607 Attention: Mr. Joaquin M. Campo, P.E. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No .modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a 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 terms of this Agreement. -tS- !999 - 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in tRis Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of forty (40) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. -16- IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year first written above. ATTEST: Approved as to form and le~u~ncy: AssistanffGounty A~ornoy BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT] Witness R CAMPO AND ASSOCIATES CORP. -17- FEB2 3!999 - SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT A.2. CONSTRUCTION CONTRACT ADMINISTRATION A.3. DETAILED OBSERVATION OF CONSTRUCTION -18- A.1. DESCRIPTION OF PROJECT. FEB ;~ 3 1999- A.1.1. Location: The project involves the construction engineering inspection of a new urban four-lane arterial roadway from Radio Road to Golden Gate Parkway, including appropriate modifications at intersections and terminus points to provide safe access to existing roadways. A.1.2. Type of Work: The project involves the construction engineering inspection of a new urban four-lane arterial roadway which includes, but is not necessarily limited to, clearing and grubbing, excavation, placement of embankment, stormwater facilities, utilities construction and relocation, complete roadway and bridge construction, retaining and gravity wall construction, safety barrier and noise reduction wall construction, signalization and lighting installation, protection of private property immediately adjacent to construction activities, and public relations for business and residential impacts. A.2. CONSTRUCTION CONTRACT ADMINISTRATION. A.2.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and regularly scheduled coordination meeting with OWNER and contractor. A.2.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSU. LTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.2.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period FEB ~ 3 i999 reasonably necessary for the determination of whether or not the work will in fact comply w~th the requirements of the Contract Documents. A.2.4. Require that any work which is covered up without being propedy observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.2.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.2.6. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.2.7. Review and make recommendations to shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. All submittals shall be approved by the designer of record. A.2.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such -:20- FEB2 31999- amount to OWNER. Such approval of the application for payment shall constitute representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) (b) (c) the work has progressed to the point indicated; the work is in substantial accordance with the Contract Documents; and the contractor(s) is (are) entitled to payment in the recommended amount. a A.2.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's wdtten comments and recommendations concerning their completeness under the Contract Documents. A.2.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.2.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and whe~'e minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.2.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.2.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.2.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.$. DETAILED OBSERVATION OF CONSTRUCTION. A.3.1, Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional represe, ntatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.3.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, all existing private facilities (b) (c) (d) (e) FEB 2 3 1999 - within the work zone, existing pre-construction surface conditions, important phases of construction, construction observations that detect questionable practices or special interest areas, problems or accidents, surprises from unanticipated conditions and other items needing visible documentation for future reference, process and submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; maintain appropriate field notes from which record drawings can be generated; perform the appropriate materials and placement sampling and testing in accordance with Florida Department of Transportation and Collier County standards; maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and observe operation or performance testing and report findings to OWNER and contractor (e.g. including copies of bacteriological and pressure tests when potable water lines are involved upon completion of operable units, signalization and lighting testing, etc.). END OFSCHEDULEA -23~ FEB 2 3 1999 SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.1, A.2, and A.3 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable fees or unit prices (whichever is applicable) as shown on Attachment A entitled "Estimated Costs Construction Engineering and Inspection Services" Sheets 1 through 4 inclusive. B.1.2. Payment For Basic Services under Parts ^.2 and A.3 of Schedule ^ shall be paid on a time and reimbursable or unit price basis (whichever is applicable) upon receipt of an approvable invoice on no more than a monthly basis. B.2.1. As consideration for providing Basic Services under Part A.3 entitled "Detailed Observation of Construction" and for properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable or unit cost basis (whichever is applicable). Payments for Part A.3 services and properly approved Additional Services shall be made monthly on a time and reimbursable or unit cost basis (whichever is applicable) computed in accordance with either Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. -24- FEB2 1999 - B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTAI~T while providing Basic Services under Part A.3 or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, and similar Project-related items required in Parts A.2 and A.3 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) (b) (c) .(d) expenses for transportation and subsistence; overhead, including field office facilities; overtime not authorized by OWNER; or expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the time and reimbursable figures or unit costs (whichever is applicable) on Attachment A be exceeded without a change in the scope of the project being approved by the County Administrator or his designee B.3.2. Detailed Construction Observation work performed under Part A.3. and Additional Services, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. FEB 2 3 1999- B.3.3. Payments will be made for services rendered, no more than on a monthly basis, witl~in thirty (30) days of submittal of an approvable invoice. The project number and number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities (other than Forge Engineering, Inc. which submitted as a subconsultant for material testing services as a part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Part A.3 and Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Part A.2 of Schedule A. END OF SCHEDULE B. -2.6- '98 DEC 9 F F1 10 58 ESTIMATED COSTS CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Prepared for: Collier County, Florida Project Description: Li.vincjston Road, Collier County, Florida Employee Regular Time Avg, Hourly Classification Manhours Billing Rate* Quality Control 277 $ 110.00 Project Engineer 2,640 $ 75.00 Senior Inspector 2,640 $ 60.00 Senior Inspector 1,320 $ 60.00 Secretary 2.640 $ 39.00 TOTALS: 9,517 $ 59.79 Salary Costs $ 30,470.00 $ 198,000.00 $ 158,400.00 $ 79,200.00 $ 102.960.00 $ 569,030.00 a. Overtime Allowance- Salary Related Costs (Limiting Amount) Sr. Inspectors: 3.960 manhrsx 15% = 594.0 x $ Sub-total: b. .Lump Sum Expenses: Sub-total: c. Subconsultant: 60.00 Forge. Engineeri ,ncj, Inc. per hr = $ 35,640.00 604,670 2,7O3 $ 607,373 $ 25 ~00. TOTAL MAXIMUM LIMITING FEES** $ 632,873 Estimate prepared by: Kisinger Campo & Associates Corp. 'Hourly billing rates include all vehicles and field ecluzpment not specifically ~tem~Zed. -Any field survey and all field tesfing included in this cost. Phone No.: (813) 871-5331 Date: 12..~8 14:23 KISINGER CAMPO & ASSOCIATES CORP. Project Description: CEh Livingston Road, Collier County FIELD OFFICE EXPENSES: Amount: 1 Film & Film DeveloDina 6% tax 64 rolls @ $3.78 + $14.52 = $256.44 64 devel @ S5.76 + $22.12 = $390.76 (16 months x 4 rolls per month = 64 rolls) $647.20 2 Postaoe & ShiDDino 16 months @ $128.50 mo. = $2,056.00 TOTAL: $2,703.20 ATTACHMENT "B" Kisinger Campo & Associates, Corp. HOURLY BILLING RATES FOR ADDITIONAL SERVICES ON THE LIVINGSTON ROAD CEI PROJECT (Project No. 60061) COLLIER COUNTY, FLORIDA POSITION / CLASSIFICATION QC Engineer/Sr. Technical Advisor Proiect Manager Chief Engineer Senior Engineer Engineer Designer Technician Senior CADD Technician CADD Technician Clerical Quality Control (CEI) Project Engineer (CEI) Senior Inspector (CEI) Secretary (CEI) 'Hourly billing rates include salary, overhead, fringe benefits, and operating margin. HOURLY BILLING RATES* $130.56 $127.47 $113.25 $103.74 $ 76.95 $ 61.11 $ 55.50 $ 43.95 $ 33.45 $110.00 $ 75.OO $ 60.00 $ 39.OO KCA Project No. 59902.00 SCHEDULE B - ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) 3 !999 [reduce schedule to be provided by CONSULTANT and place it here] -29- ~C H E Z:~ z. E ~ - FE!~ 2 3 l~gg Z ~o (:31 i '~"~' , > ' I ~ ~ ~ ~ oI z _ ~ ~ ~ SCHEDULE D INSURANCE COVERAGE 2 3 199.q- (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. -31- FEB 2 3 1999 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the ContractodConsultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) ~X Yes __ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: ao Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) FEB 2 3 1999 $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) __Applicable ~ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one)_~X Yes No (1) Commercial General Liability Insurance shall be maintained by the ContractodConsultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and -33- ~E~ ~ ~ 1999 Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $5O0,000 $500,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'q'his endorsement modifies insurance, provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. -34- (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable ~X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable: (check one) Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, -35° until fina{ payment has been made or unti{ no person or entity other than the Owner has ~n }nsurab{e interest in the property requ{red to be covered, whichever is ead{er. Th{s insurance shall }nc{ude interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Mateda{ Supp{{ers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the pedls of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance -36- FEB 2 ~ 199~ by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ -37- AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) ~ Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. -38- PROFESSIONAL LIABILITY INSURANCE 2 3 1999- Required by this Agreement? (check one) ~X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) X ~ $ 500,000 each claim and in the aggregate ~ $1,000,000 each claim and in the aggregate ~ $2,000,000 each claim and in the aggregate ~ $. "' each Claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. -39- SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Kisinger Campo and Associates, Corp. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the construction engineering inspection services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Livingston Road (Project No. 60061) are accurate, complete and current as of the time of contracting. Kisinger Campo and Associates, Corp. Joaquin M~/l~ampo, P.E., Revised: JUNE 3, 1997 AC -40- February 23, 1999 Item #16B7 BUDGET AMENDMENT TO BE INCREASED BY $20,000 FOR PUBLIC WORKS RECRUITMENT ADVERTISING Item #16B8 WAIVE LANDFILL DISPOSAL FEES IN THE AMOUNT OF $2,878 FOR LOT CLEARING IN THE .BUILD A HOME FOR GEORGE PROJECT.. IN IMMOKALEE Item #16C1 AGREEMENT WITH COLLIER COUNTY VETERINARY SOCIETY, INC. TO PROVIDE THE DOMESTIC ANIMAL SERVICES DEPARTMENT WITH EMERGENCY ANIMAL MEDICAL SERVICES, PHYSICALS AND NEUTER/SPAY OPERATIONS FOR ANIMALS ADOPTED FROM THE COUNTY SHELTER Item #16C2 - Moved to Item #8C2 REQUESTING ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTY ADJACENT TO THE EXISTING LANDFILL FOR PUBLIC RECREATIONAL PURPOSES Page 189 February 23, 1999 Item #16C3 PLAYGROUND EQUIPMENT FOR COCOHATCHEE RIVER PARK TO BE PURCHASED FROM GAME TIME, INC. IN THE AMOUNT OF $28,581.50 Item #16C4 MEMORANDUM OF UNDERSTANDING WITH FLORIDA COOPERATIVE EXTENSION SERVICES, UNIVERSITY OF FLORIDA TO FURTHER ENHANCE THE COOPERATIVE RELATIONSHIP EXISTING BETWEEN COLLIER COUNTY AND THE EXTENSION SERVICE AND CHANGING THE AGRICULTURE DEPARTMENT'S NAME TO COLLIER COUNTY DEPARTMENT OF UNIVERSITY EXTENSION SERVICE Page 190 FEB 2 3 1999 MEMORANDUM OF UNDERSTANDING between Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida and The Board of County Commissioners of Collier County, Florida FEE) 2 3 1999 MEMORANDUM OF UNDERSTANDING THIS AGREEMENT is entered into this ~/tJ.~ day of .,~.~e~-~-~ , 1999, between Collier County, a political subdivision of the State of Florida, having a n{ailing address of 3301 Tamiami Trail, East, Naples, Florida 34112, hereinafter referred to as "COUNTY," and the Florida Cooperative Extension Service, a division of the Institute of Food and Agricultural Sciences ([FAS) of the University of Florida, having a mailing address of Post Office Box 110180, Gainesville, Florida 32611, hereinafter referred to as "EXTENSION SERVICE." WHEREAS, the Extension Service was established for the specific purpose of extending educational information from the University to the people of the state on subjects relating to agriculture, family and consumer sciences, 4-H and youth, community and natural resource development, energy conservation, and marine advisory programs; and WHEREAS, the laws creating the Extension Service were specifically designed to ensure that the findings of research in these areas were available to the people in their communities; and WHEREAS, to assure that educational programs offered by the Extension Service meet the needs of local clientele, it is important that both elected and appointed officials of each level of government understand their respective responsibilities and relationships in the conduct of this work. NOW, THEREFORE, in consideration of the premises and covenants contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Extension Service agree as follows: I. Intent - The intent of this document is to further enhance the cooperative relationship existing between the County and the Extension Service as provided by Section 240.505 Florida Statutes (Attachment No. 1). The Memorandum of Understanding is an effort to comply with the statute with maximum efficiency and to establish a clear and effective structure in which the County Extension Director, agents, and other employees of the Extension Service will be expected to operate while assigned to Collier County. II. Responsibilities of the Extension Service - A. With respect to County Extension faculty who receive any portion of their salary from the State of Florida, the Extension Service will: 1. Establish minimum requirements and qualifications for employment of faculty in Extension Service work. 2. Advertise vacancies; receive and examine applications for employment. 3. Interview and screen applicants to determine their qualifications for employment in Extension Service work. FEB 2 3 1999 4. Recommend to the County qualified applicants for appointment to vacant or new County Extension faculty positions in keeping with provisions of Section 240.505, Florida Statute. 5. Recommend the starting salaries of County Extension faculty. B. With respect to management and administration, Extension Service will: 1. Through the County Extension Director prepare and submit a proposed annual budget to the County which shows all staff positions, total salaries and benefits, and expenditures for operating the Extension program in the County. 2. Provide authorization and funds necessary for required official state travel and per diem for faculty in-service training and other out-of-County program development meetings. 3. Provide County Extension faculty with official postage, envelopes, bulletins, leaflets, and other publications for educational purposes. When funding is provided by Collier County for the above, the statement, "Funding for the duplication of this publication is provided, in part, by the Collier County Board of County Commissioners," will be added. Any jointly funded publication will also feature the county logo if the University of Florida logo is used. Provide access to the [FAS computer network and computer software for micro computers developed by [FAS for educational purposes. 4. Accept responsibility and provide administration, supervision, and an evaluation of all state funded County Extension programs, the County Extension faculty, Courtesy Extension faculty, and state-paid career service personnel, including compliance with the state and federal requirements of Affirmative Action and Equal Employment Opportunity guidelines. 5. Develop and administer a personnel management plan that will provide for: a. The annual review of each County Extension faculty member's performance. b. Counseling for job improvement where needed. c. Periodic County program reviews. d. Provide a formal method for the County to jointly determine program needs and to have input into the staffing of necessary Extension personnel to meet those needs. 6. Provide a staff of state Extension subject-matter specialists to continuously train County Extension faculty in current technology and other changes affecting agriculture, family and consumer sciences, 4-H and youth, community and natural resource development, energy conservation, and marne advisory programs, and to assist them in the conduct of educational programs in these areas, in a manner pursuant to locally identified needs. FEB 2 3 1999 7. Provide County Extension faculty with training programs as needed to maintain their effectiveness in program delivery. 8. Develop and maintain a County Advisory Council through joint appointment of Council members to ensure that County Extension programs are based on the particular needs of the people in the County. 131. Responsibilities of the County_ - A. With respect to the County Extension faculty, the County will: 1. Participate in the employment of County Extension faculty members in accordance with the provisions of Section 240.505, Florida Statutes. Ensure that the employment of Courtesy Extension Faculty members is done in a manner which will insure Courtesy status being approved by Extension Service. Courtesy Extension Faculty is defined by University of Florida Rules as a person(s) "having the appropriate professional qualifications who are appointed without compensation to a department, center or unit faculty. Persons appointed with this status may or may not be otherwise affiliated with the University. This appointment is not eligible for tenure or permanent status. Time spent in this appointment shall not count as tenure or permanent status earning service." 2. Provide the County's portion of the salaries and fringe benefits of County Extension faculty members. County Extension faculty will be eligible to participate in other County insurance programs subject to the policies of the Board of County Commissioners. 3. Provide at least 40 percent of the County Extension Director's salary up to the maximum allowed by the County's personnel pay plan, and evaluate the Director's performance based upon jointly agreed-upon annual goals. B. With respect to management and administration, the County will: I. Review and consider the proposed annual budget provided, pursuant to paragraph Il, B. 1 above, and take appropriate action thereon. 2. Provide office space and equipment, salaries for secretaries and other agreed-upon personnel including Courtesy agents, utilities, telephones, office supplies, funding and/or vehicle for official county travel, demonstration materials, and other items needed for the effective operation of the County Extension office and program. 3. Confer with and advise the District Extension Director and County Extension Director and the County Extension Advisory Council as appropriate relative to County Extension programs. FEB 2 3 1999 4. Fulfill the County's role in administration of the County Extension program through the County Administrator's office, with advisory council input, which will include a formal request for the creation of a needed educational program or elimination of any educational program and/or County faculty position which no longer effectively serves the educational needs of local residents. 5. Provide for the employment of Courtesy Extension Faculty as needs may be determined by the County. IV. Extension Service and County. Mutually Agree: A. That the County Extension faculty will follow County policies relative to office hours, holidays, and drug-free work force. B. That all County Extension faculty appointments will be made cooperatively in accordance with Section 240.505, Florida Statutes. C. To cooperate in applying Affirmative Action and Equal Opportunity plans for Extension Service. D. The Extension Director will function as a Collier County Department Director. The County Extension Director WIll be jointly responsible to the County Administrator and District Extension Director for the development, implementation, and accountability of a Collier County Cooperative Extension program. The performance of the County Extension Director will be jointly evaluated annually by Collier County and FAS, the Cooperative Extension Service. The University of Florida will provide primary leadership to the Director for administration of programs; whereas Collier County will provide primary leadership to the Director for management and administration of County-provided resources. Through the County Director, by way of District Extension Director, the University will provide administration, supervision, and evaluation of all County faculty who receive any part of their salaries from state funds. 1. The rules and policies of the University of Florida and the Board of Regents of the State of Florida shall be used in granting annual leave for County Extension Faculty unless County policy provides for less annual leave. Where there is a conflict between County policy and the University regarding granting of official holidays, the County policy will govern. 2. The County Extension Faculty member will be eligible to participate in all University of Florida insurance policies including life, health, and accident policies. Any County Extension Faculty member holding a federal appointment will also be eligible at his/her discretion to participate in federal life and health insurance policies. No County funds will be expended in connection with any University of Florida or federal insurance policy. 3. That County Extension support staff' paid solely by the County will be governed by County policies and procedures regarding County personnel. FEB 2 3 1999 4. That each County Extension Faculty member (except Courtesy Agents) employed prior to July 1, 1983, participate in the federal retirement program, for which no County funds are required. County Extension Members employed after June 30, 1983, are covered by the Florida Retirement System or the Optional Retirement System (ORS) and Social Security and do not participate in the federal retirement program. The County agrees to pay the appropriate percent (i.e., the same percentage it pays of the salary) of the Social Security Taxes and Florida Retirement System, or ORS contributions for each County Extension Faculty member not participating in the federal retirement program. 5. That the County agrees to pay the appropriate percentage (i.e.., the same percent it pays of the salary) of all worker's compensation for each County Extension Faculty member employed after June 30, 1983. Extension will pay from federal funds worker's compensation for County Extension Faculty members who hold federal appointments. County Extension Faculty members employed after June 30, 1983, no longer hold a federal appointment. V. Pa_vment of Salaries for County_ Extension Faculty_ - A. In March of each year, Extension Service will submit to the County a preliminary plan of work including major educational programs and services to be provided to the people of the County by Extension Service during the following one-year period: October 1 to September 30 (Collier County fiscal year). On occasion, when needs for educational programs arise at, er the referenced time frame, the support of Extension Service in local educational programs will be negotiated between representative designated by the County and Extension Service. B. The County agrees to fund forty percent (40%) of the annual agreed upon cost of County Extension faculty salaries, fringe benefits and worker's compensation. 1. The County shall recognize a County Extension Faculty member's promotion from one academic rank to another and graduate degrees earned through the awarding of a salary increase to that County Extension Faculty member in proportion to the 40% agreed upon in Section V, B, above. 2. Extension Service will establish the dollar value of the increase. VI. Negotiation or Termination of the Memorandum - This document is signed with the understanding that either Extension Service or the County may request clarification or renegotiation of any or all of the agreement at any time, and that either party may withdraw from the agreement after giving three (3) months written notice of its intent to do so. This agreement shall be effective upon execution by all parties. For the Extension Service: Christine T. Waddill, Dean for Florida Cooperative Extension Service Collier County, Florida by and through its Board of~unty Commissioners By: .~~ ~amela S. Mac'Kie, Chairwo~an D. Mitch Flinchum District Extension Director Attest: Dwight E. Brock, Clerk '' ' Deputy Clerk Attest as to si~natu~ onlY.r~[ ,,~, ~... Tom Palmer, County Attorney Reviewed for legal sufficiency February 23, 1999 Item #16D1 - Item has been deleted Item #16D2 PURCHASE OF A BACKUP BATTERY RACK AND A BATTERY MONITORING SYSTEM FOR THE ADMINISTRATOR BUILDING IN THE AMOUNT OF $31,889.00 Item #16D3 AWARD BID NO. 98-2890 FOR THE PURCHASE OF MEDICAL EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT TO THE VARIOUS VENDORS LISTED IN THE EXECUTIVE SUHHARY Item #16D4 EXECUTION FOR SATISFACTIONS OF CLAIMS OF LIENS FOR WATER AND/OR SEWER SYSTEM IMPACT FEES Page 191 This instrument prepared by: ThomasC Palmer'T',, ~/.' ~-, · ' I~'L, tl~'''--'''~ Asmstant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 *** 2441526 OR: 2518 PG: 1692 *** RSCO~I) in O~IClU. I~C0RDS of COLLIBR C0UII?Y, FL 03/02/1999 aL 11:03~ D~IGHT B, BROCE, CLB~E CLBRK TO THB BOARD I#TBRO~ICB &TH ~LOOR COPNS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Robed M. Schultz & Ruth Ann Matre 1075 Sandpiper St. Naples, FI. 34112 The Lien was recorded on May 13, 1994, in Official Record Book 001947, Page(s) 000658, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1960.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT 2 LOT 100 AND THAT PORTION OF VAC ALLEY DESC IN OR 1947 PG 659 FOLIO NUMBER: 53353240001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~..~ day of ~--~br~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK I~ttest asto Cha!raan'$ BOARD OF COUNTY COMMISSIOnERs COLLIER COUNTY, FLORIDA, AS...THE... GOVERNING BODY OF. COLLIER'COUN~;AND AS EX-OFFICIO THE GOVERNING BQAR'D.~F THE COLLIER COUNTY WATER-SEWER, PAMELA S. MAC'KIE, CH'AI'RW0~N'~'' This instrument pre%a.r~dlbY: Thomas C. Palmer, ¢ ~,._.~-~ Assistant County Atforney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-a400 *** 2441527 OR: 2518 PG: 1693 *** RBCORDBD in 0F~ICIAL RRC0RDS of C0LLISR COUNTY, EL 03/02/1999 at, II:03Ui DWIGHT ~, BROCL CLRR[ RSC ~s~ 6.00 COPISS 1.0O CLSRK TO ~HB BOARD ?240 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Anderson Development West Inc., a Florida Corporation 2187 Trade Center Way, suite #3 Naples, FI. 34109 The Lien was recorded on April 9, 1997, in Official Record Book 2303, Page(s) 0821, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $900.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, GRASMERE AT WYNDEMERE, PHASE 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 22 AND 23, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 46645000953 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs ex~,cution and recording of this Satisfaction of Lien, by action of the Board thi~ day of .-~v_t~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK ..':'Attest as to Cha~ir. ma",'$ Signature COLLIER COUNTY, FLORIDA,.AS'THE". GOVERNING BODY OF COL:LIER COUNYYJAND AS EX-OFFICIO THE G0~.ERNING BOARD THE COLLIER COUNTY WATER-SEWER ,.~': ',, 7.- L ;, ..,7,.,,. '.., , , PAMELA S. MAC KIE, CHAIRWOMAN ~ ,,,-'-' This instrument prepared, by: Thomas C. Palmer Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2 41528 OR: 2518 PG: 1694 R~COIU)~D in O~ICI~,I, R~CORDS of COLLIIIt COU~?V, FL 03/02/1999 at ll:03AH DNIGRT B, BROCK, Rein: CLERK TO THE BOARD I#TRROF~ICR &TH P~OOR ~SC ~[ 6.00 COPIB$ 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Anderson Development West Inc., A Florida Corporation, 2187 Trade Center Way, Suite #3, Naples, FI. 34109 The Lien was recorded on April 9. 1997, in Official Record Book 2303, Page(s) 0825, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, GRASMERE AT WYNDEMERE, PHASE I, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 22 AND 23, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 46645000953 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiso.~r:3,'Oday of ~--r-~b~u~..' ,1999. ATTEST: · DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS ,,. COLLIER COUNTY, FLO. RIDAi AS THE ",;. ~. GOVERNING BODY OF',COLLIER COUNTY;AND AS EX-OFFICIO THE GOVERNING BOARD O~. THE COLLIER COUNTYWATER-SEWER. . /ii~". ~':'';:' i~ This instrument preparec~ by: Thomas C Palmer, f;,, · Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 2441529 OR: 2518 PG: 1695 RBCORDBD in O~FICIU, RBCORD$ of ¢OLLI]IR COl]lIT'/, 03/02/1999 at 11:03~ D~IGflf ~. BROC[, CLBR[ I~T~O~IC~ 47H ~LOOR ~iT 3240 ~C ~! 10,50 CO~IB~ 2.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Arthur Levine and Lisa Ann Schaffer, husband and Wife, Tenants by the Entireties 98 Hyacinth Ln Freehold, NJ 07728 The Lien was recorded on September 5, 1996, in Official Record Book 2225, Page(s) 1047, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: See Attached Exhibit "A" Incorporated Herein By Reference FOLIO NUMBER: 00258967089 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~'~ro day of ~-~lor~ ,ay-- ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COIVI, MISSIONERS,,, COLLIER COUNTY, FLORIDA,,A~ THE. "" GOVERNING BODY OF ~OLLIER couNTy'AND AS EX-OFFICIO THE GOVERNING'BOARD'OF". THE COLLIER COUNTy:WATER-SEWER . ,: _.. 2518 PG' 1696 FEB 2 3 1999 EXHIBIT "A" *** OR: 2225 PG: 1048 *** FOLIO NUMBER: SITE ADDRESS ~ 00258967089 3422 TIMBERWOOD CIRCLE DESCRIPTION OF PARCEL 3422 PART OF THE 80UTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING A POINT ON THE WESTERLY LINE OF A 100 FEET COLLIER COUNTY CANAL RIGHT-OF-WAY; THENCE SOUTH 89'26'31" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, A DISTANCE OF 100.05 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID CANAL RIGHT-OF-WAY; THENCE CONTINUE SOUTH 89'26w31" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 281.43 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 0*33#29" EAST 570.25 FEET; THENCE NORTH 0'28'51" EAST 31.04 FEET TO THE POINT OF BEGINNING OF PARCEL 3422 HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0'28'51" EAST 31.04 FEET; THENCE NORTH 89'31'09" WEST 51.25 FEET; THENCE SOUTH 0'28'51" WEST 31.04 FEET; THENCE SOUTH 89'31~09" EAST 51.25 FEET TO THE POINT OF BEGINNING OF PARCEL 3422 HEREIN DESCRIBED; CONTAINING 1591 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1516, PAGE 459 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepar.ecJ by: Thomas C. Palmer,J't. Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 2441530 OR: 2518 PG: 1697 RICORDEI) in 0F~ICIAL RECORD8 of COLLIER C0UNT¥, 03/02/1999 at; 11:03~!l DiiTGR? B. BEOCE, CLBRE Retn: CLER[ ?0 ?SE BOARD INTEROffiCE 47H FLOOR RBC VEE 10.50 COPIES 2,00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: First Church of the Nazarene of Pompano Beach Inc., A Florida Corporation not for Profit, Charter NO. 745572 916 N E 4th St Pompano Beach, FI. 33060 . The Lien was recorded on October 13, 1994, in Official Record Book 1993, Page(s) 1802, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $2440.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 67492800000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs ~and recording of this Satisfaction of Lien, by action of the Board this~n3 day of~m.bfLm~ ,1999. 'o ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS,,, '",,, COLLIER COUNTY, FLOR!-DA, AS THE ,,' ,,':. GOVERNING BODY OF COLLIERCOUNTY!'~.,D AS EX-OFFICIO THE GOVERNING BOARD OE THE COLLIER COUNTY'WAfER-SEWER ,':ii~; DISTR,i~T --:~ '~":':''/" - / ";;'fi,,:',':'~' PAMELA S. MAC'KIE, CHAIRWOMAN *** OR: 2518 PG: 1698 *** EXHIBIT "A" LOT 21, BLOCK B, OF PINE VIEW VILLAS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9 AT PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1274, PAGE 879 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepared by: Thomas C. Palmer ")'t iI~ Assistant County Att'orA~y Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 2441531 OR: 2518 PG: 1699 RSCORD~D in O~IClAL RSCOIU)S ~[ COLLI~R COUNTY, ~L 03/02/1999 at ll:03Al{ DWIGHT ~, BROC[, CLSRI~ ReCn: CLHRK TO THB BOARD IHTBRO~FICB 4TH ~LOOR RBC ~S! 10.50 COPIBS 2,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Phillip A. Arena And Patricia D. Arena, Husband and Wife, 5229 Jennings St., Naples, FI. 34113 The Lien was recorded on Novemeber 17, 1994, in Official Record Book 2003, Page(s) 0863, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 62310040002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisc,~'5~° day of x~"~or~.,,/ ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMI.SSI'ONE~{S..... COLLIER COUNTY, FLORIDA, AS THE', ".. GOVERNING BODY OF COLLIER COUNTY .AND AS EX-OFFICIO THE'GOVERNING BOARD qF THE COLLIER COUNTY. WATER-SEWER· . ",;~ DIST T · ;":,:: ,:, ,,, .~: ' *** OR: 2518 PG: 1700 *** EXHIBIT "A" LOT 19, BLOCK 5, IN REPLAT ~APLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1434, PAGE 682 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepar~t by: Thomas C. Palmer~ Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441532 OR: 2518 PG: 1701 l~COItDll) in O~IClAL I~COIti)~ of COLLIER COUNTY, 03/02/1999 at II:03A~ D~IGHT l, B~OC~, CLl~g Retn: CLRRK TO THI BOARD II?llOE~IC! ifa ~LOOR FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Kennth K. Kersey, 4384 Progress Avenue, Naples, FI. 34104 The Lien was recorded on July 27, 1995, in Official Record Book 2083, Page(s) 0895, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $3350.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00275960001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _~5~ day of"-"~,,~, ,1999. o ATTEST: DWIGHT E. BROCK, CLERK Attest as to"[naaraan's s lgnatu~e ont3. .; 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 '. PAMELA S. MAC'KIE, CHAIRWOMAN OR: 2518 PG: 1702 F'EB 2 3 1999 EXHIBIT "A" EAST 1/2 OF THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER (NORTHEAST 1/4) OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, TOWNSHIP AND RANGE RUN SOUTH 00"00'36" EAST ALONG THE EAST LINE OF SECTION 36 FOR 1,298.32 FEET; THENCE SOUTH 89"21'02" WEST FOR 1,817.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00"04'03" EAST FOR 324.63 FEET; THENCE NORTH 89"21'02" EAST FOR 165.23 FEET; THENCE NORTH 00°03'45'' WEST FOR 324.63 FEET; THENCE SOUTH 89°21'02'' WEST FOR 165.26 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY IS SUBJECT TO AN INGRESS AND EGRESS EASEMENT OVER, ALONG AND ACROSS THE NORTHERLY 30.00 FEET, AND AN EASEMENT OVER, ALONG AND ACROSS THE EASTERLY 10.00'FEET THEREOF, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1401, PAGE 888 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepar~i ~by: Thomas C. Palmed)C Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441533 OR: 2518 PG: 1703 RBCORI)~I) in OFHCI~L It~¢ORI)8 of COLLIER COUIIT~, 03/02/1999 at 11:03~ DWIGHT ~. BROC[, CL~RK Retn: CLBRK TO THB BOARD IHTRROFFICS 4TH FLOOR 7240 RBC FBR 10.50 COPIRS 2.00 FEI~ 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Louis Soriero, 440 9th St. North, Naples, FI. 34103 The Lien was recorded on July 27, 1995, in Official Record Book 2083, Page(s) 0900, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE A3-rACHED EXHIBIT "A" FOLIO NUMBER: 27130320002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~'Sn~ day of '~_ ~~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK AtteSt as to Chat~an's BOARD OF COUNTY COMMISSIONER'S'.'.. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER 'COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER PAMI~LA S. MAC'KIE, o AI W'OMAN'" : *** OR: 2518 PG: 1704 FEB 2 3 1999 EXHIBIT "A" LOTS 8 & 9, OF COLLIER COUNTY PRODUCTION PARK, PHASE lA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 997, PAGE 1084 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepared,by: Thomas C. Palmer'~"(' ~~ Assistant County Att6rney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: I#TBRO~ICB 4TH FLOOR 2.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Ed's Electric Service, Inc., 94 2nd St. South, Naples, FI. 34102 The Lien was recorded on July 27, 1995, in Official Record Book 2083, Page(s) 0904, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $2500.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE A'n'ACHED EXHIBIT "A" INCORPORATED HEREIN BY REFERENCE FOLIO NUMBER: 00251760005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this"~z~_ day of~J.~oyua.~ ,1999. O ATTEST: DWIGHT E. BROCK, CLERK signature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY'AND AS EX-OFFICIO THE GOVERNING BOARD O'F THE COLLIER COUNTY WATER-SEWER DISTRI T ', ,'/.- ,, , , PAI~IELA S. MAC'KIE, (~HA/iRWQU~N 'I'.'/'13<" EXHIBIT "A" PARCEL NO. 10 *** OR: 2083 PG: 0905 *** *~0R: 2518 PG: 1706 **~/ F~ 2 3 f999 THE SOUTH 100.00 FEET OF THE NORTH 987.35 FEET OF THE EAST 1/2 OF THE WEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; LESS THE WEST 30.00 FEET THEREOF. TOGETHER WITH AN INGRESS AND EGRESS EASEMENT OVER A RIGHT OF WAY DESCRIBED AS FOLLOWS; THE EAST 60.00 FEET OF THE WEST 195.52 FEET OF THE NORTH 1,156.24 FEET OF THE WEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND THE NORTH 60.00 FEET OF THE SOUTH 160.00 FEET OF THE WEST 3/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTH 60.00 FEET OF THE SOUTH 160.00 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49' SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 30.00 FEET. AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 800, PAGE 1735 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO # 00251760005 This instrument prepared by: Thomas C. Palmer'J'~. Assistant County Attordey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 2411535 OR: 2518 PG: 1707 RBCORDBD i{~ O~ICIAL RKCORD8 of COLLIBR COUNTY, 03/02/1999 at, II:O3AM DWIGHT B. BROCK, CLBRK Retn: CLBRK TO THB BOARD IN?BRO~ICB 4TH ILOOR BXT 7240 RBC ~BK 10.50 COPIBH 2. O0 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Rodney M. Stanley and Pamela J. Stanley 4213 Mindi Avenue Naples FI. 34113 The Lien was recorded on October 13, 1994, in Official Record Book 1993, Page(s) 1803, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 67494320009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~~r) day of '~:'~c)~A.. ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDAi''AS THE '"'"',.. GOVERNING BODY OF COLLIER COUNTY'AND AS EX-OFFICIO THE GOVERNING BOARD THE COLLIER COUNTY WATER;SEWER .. .'' ..i i' ..:::. PAMELA S. MAC'KIE; CHAIRWOMAN' .,,.? FEB 2 3 1999 EXHIBIT "A" LOT 14, BLOCK C, PINE VIEW VILLAS, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 9, PAGE 49, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1232, PAGE 1645 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ' This instrument prepare~d/by: Thomas C Palmer Assistant County At~o~rl~y Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441536 OR: 2518 PG: 1'10 RRCORDBD in O~ICIAL RNCORD8 Of COLLINR COUllYY, ~L 03/02/1999 at II:03AM DWIGH? N. BROCK, CUiRK Retn: C~NRK YO fH! BOARD INfBRO~tlC! 4YH ~LOOR BXT 7240 RBC ~BB 10.50 COPIB$ 2.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Michael David Holland, P.O. Box 2904, Naples, FI. 34106' d The Lien was recorded on July 27, 1995, in Official Record Book 2083, Page(s) 0910, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $2500.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00243000003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~"~ day of '~~n,/ ,1999. ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chafraan's ...,, signature onl$. BOARD OF COUNTY COMMISSI:ONERS,... COLLIER COUNTY, FLORIDA, AS THE ".~. GOVERNING BODY OF COLLIER COUNTY ~qD AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER .-. DIST_ T // ~'/,~//,: ',,., ~/~. PAMELA S. MAC'KIE, CHAIRW:OMAN'. .'." EXHIBIT "A" *** OR: 2083 PG: 0911 *** ~/0R' 2518 PG: 1710 *** t ' / F£8 2 3 1999 THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; EXCEPT THE EAST 30.00 FEET, WHICH IS RESERVED FOR ROAD RIGHT-OF-WAY, AND LESS AND EXCEPT: THE SOUTH 100.00 FEET OF THE NORTH 200.00 FEET OF THE EAST 140.00 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1154, PAGE 684 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO # 00243000003 This instrument prepared by: Thomas C. Palme CII,~ Assistant County A~o(rney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2 41537 OR: 2518 PG: 1711 RBCORDSD in 0FEICIAL RBCORI)S of COLLIBR COUIi?~, 03/02/1999 at ll:03J[l( DWIGHT R, BROCI[, CLSR[ Retn: CLBRK TO THR BOARD IRTBROEEICR 4fH FLOOR BZT 7240 RBC EBB 10.50 COPISS 2.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Jean France, a single woman, 3061 Lunar St., Naples, FI. 34112 The Lien was recorded on October 24, 1994, in Official Record Book 1996, Page(s) 1243, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 53352760003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_'-'~-J~ day of "~"~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK "; ," Attest as toiChaf~an'$." -' signature only. 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 ;.. ' 'i ". "' ,?,,.i OR: 2518 PG: 1712 EXHIBIT "A" LOT 86, LAKE KELLY, UNIT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THAT CERTAIN MOBILE HOME PERMANENTLY AFFIXED TO THE FOREGOING PROPERTY UNDER SERIAL NO. F21151B AND SERIAL NO. 21151A, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1883, PAGE 1761 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepared by: Thomas C. PalmerTLr' i~,yL,...~~------ Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441538 OR: 2518 PG: 1713 03/02/1999 at lt:03&N DNIGHT B. BEOCE, CLARE FRS 10.50 ¢OPIRS FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Norman T. Reinertsen and Lillian B. Reinertsen, Husband and Wife, 1571 Bonita Lane, Naples, FI. 34102 The Lien was recorded on September 5, 1996, in Official Record Book 2225, Page(s) 1051, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" INCORPORATED HEREIN BY REFERENCE FOLIO NUMBER: 00258964901 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_~'~¥o day of '~[::)(Lg~,1999. O ATTEST: DWIGHT E. BROCK, CLERK PAMELA S. MAC'KIE, CHAIRWOMAN EXHIBIT "A# OR: 2518 PG: 1719 FEB 2 3 1999 FOLIO NUMBER: SITE ADDRESS: 00258964901 3387 TIMBERWOOD CIRCLE DESCRIPTION OF PARCEL 3387 PART OF THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING A POINT ON THE WESTERLY LINE OF A 100 FEET COLLIER COUNTY CANAL RIGHT-OF-WAY; THENCE SOUTH 89°26'31" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13~ A DISTANCE OF 100.05 FEET TO AN INTERSEC~TION WITH THE EASTERLY LINE OF SAID CANAL RIGHT-OF-WAY; THENCE CONTINUE ALONG SAID SOUTHERLY LINE SOUTH 89°26'31" EAST 979.80 FEET; T~ENCE LEAVING SAID SOUTHERLY LINE NORTH 0"33'29" EAST 377.17 FEET TO THE POINT OF BEGINNING OF PARCEL 3387 HEREIN BEING DESCRIBED; THENCE NORT~ 89°31'09" WEST 51.~5 FEET; THENCE NORTH 0"28'51" EAST 31.04 FEET; THENCE SOUTH 89"31t09# EAST 51.25 FEET; THENCE SOUTH 0"28'51" WEST 31.04 FEET TO THE POINT OF BEGINNING OF PARCEL 3387 HEREIN DESCRIBED; CONTAINING 1591 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1995, PAGE 2075 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepare,d by: Thomas C. Palmer'-~ ~/~'------- Assistant County At(orriey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Rein: CLRR[ TO THR BOARD RXT 7240 2,00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: James J. Gruszka and Mary M. Gruszka, Jusband and Wife, 807 River Pt. Drive, #103D, Naples, FI. 34102 The Lien was recorded on September 30, 1994, in Official Record Book 1989, Page(s) 2146, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1100.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26830600007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs ex_gcution and recording of this Satisfaction of Lien, by action of the Board this_~rp day of ¥~::)(~,~ ,1999. :,~ ATTEST: DWIGHT E. BROCK, CLERK Attest m~ 'to ,Chairman' s signature only. BOARD OF COUNTY COMMISSIONERS` ... COLLIER COUNTY, FLORIDA, AS THE · GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OE THE COLLIER COUNTYWATER-SEWER DISTR ' , OR: 2518 PG: 17lb """ EXHIBIT "A" LOT 19, COL-LEE-CO GARDENS, INCLUDING THE WEST 10 FEET OF SAID LOT, AS RECORDED IN PLAT BOOK 1, PAGE 30, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1377, PAGE 1509 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepared by: Thomas C Palmer Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2441540 OR: 2518 PG: 1717 RICORDSD in OE~ICIU, R~CORDS o[ COLLIH COll#f~, 03/0Z/1999 aK I1:03~ DgZG~ !. BROCK, CLHK aetn: I~THO~IlCS 4fH ~LO0~ SIT ?240 CO~ISS 1.00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Anderson Development West Inc., A Florida Corporation, 2187 Trade Center Way, Suite #3, Naples, FI. 34109 The Lien was recorded on April 9, 1997, in Official Record Book 2303, Page(s) 0831, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, GRASMERE AT WYNDEMERE, PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGES 20 AND 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 46645501300 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs e_x~cution and recording of this Satisfaction of Lien, by action of the Board this'~__._ day of "~~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK .,. ttest as t0: Chaf'rman' s / sfg~ature BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA, AS THE ,. GOVERNING BODY OF COLLIER COUNTY,AND AS EX-OFFICIO THE GOVERNING BOARD THE COLLIER COUNTY WATER-SEWER , PAMELA S. MAC'KIE, CI-(AIRWOMAN. This instrument prepare~ by: Thomas C Palmer-~ Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2441541 OR: 2518 PG: 1718 *** RBCORDBD in OFFTCI~L RIICORD$ of COLLISR COUliT~, FL 03/02/1999 aL 11:03~ DfflGHY B. BROCK, CLBRK Retn: CLRRK TO TH! BOAID IHTBROFH¢! 4TH FLOOR RSC FB! 6.00 COPISS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Anderson Development West Inc., A Florida Corporation, 2187 Trade Center Way, Suite #3, Naples, FI. 34109 The Lien was recorded on April 9, 1997, in Official Record Book 2303, Page(s) 0822, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $900.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13 GRASMERE AT WYNDEMERE, PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGES 20 AND 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 46645501300 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs e.e.e~,cu!ion and recording of this Satisfaction of Lien, by action of the Board this~~'i> day of 'xo.A,-'~u,o,,/ ,1999. ATTEST: DWIGHT E. BROCK, CLERK ~..,, .://, t est as to' Chat an' s ,-" st~ature 6~:~. BOARD OF COUNTY COMMISS'I'ONERS'"" COLLIER COUNTY, FLORIDA,: AS THE GOVERNING BODY OF COLLIERCOUNT~ A~D AS EX-OFFICIO THE GOVERNING: BOARD oF THE CObLIER COUNTY~WATER-SEWER DIST /~ PAMELA S. MAC'KIE, CHAIRWOMAN.. ''~'~'. ~' ': This instrument prepar~d~by: Thomas C. Palme ~1"~"(o ~L..._....--~ Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 2441542 OR: 2518 PG: 1719 RBCORDBD in OHIClAL RECOEDS o[ COLI, IER ¢O111l?~, FL 03/02/1999 at 11:031] DMIGHT R, BROCK, CLBRK Retn: CLERK TO THB BOAED RSC ~BE 10.50 ~OPII~ 2.00 2 3 999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Keith T. Dion and Jeannine M. Dion, Jusband and Wife, as tenants by the Entireties, 29 Landing Dr., Methuen, Ma. 01844 ' The Lien was recorded on September 5, 1996, in Official Record Book 2225, Page(s) 1049, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" INCORPORATED HEREIN BY REFERENCE FOLIO NUMBER: 00258160006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs e_e_x~cution and recording of this Satisfaction of Lien, by action of the Board thi~ day of ~ ~k:~u~u ,1999. i' ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD cE THE COLLIER COUNTY WATER-SEWER OR: 2518 PG: 1720 EXHIBIT "A" FOLIO NUMBER: SITE ADDRESS: 00258160006 3323 TIMBERWOOD CIRCLE DESCRIPTION OF PARCEL 3323 PART OF THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTIC~Y DESCRIBED AS FOLLOWS~ COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING A POINT ON THE WESTERLY LINE OF A 100 FEET COLLIER COUNTY CANAL RIGHT-OF-WAY; THENCE SOUTH 89°26'31" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, A DISTANCE OF 100.05 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID CANAL RIGHT-OF-WAY; THENCE CONTINUE SOUTH 89°26v31m EAST ALONG SAID SOUTHERLY LINE~ A DISTANCE OF 413.30 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 0°33v29" EAST 183.76 FEET TO THE POINT OF BEGINNING OF PARCEL 3323 HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0o33'29" EAST 31.04 FEET; THENCE SOUTH 89o26'31# EAST 51.~5 FEET; THENCE SOUTH 0°33'29" WEST 31.04 FEET; THENCE NORTH 89°26~31" WEST 51.25 FEET TO THE POINT OF BEGINNING OF PARCEL 3323 HEREIN DESCRIBED; CONTAINING 1591 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1305, PAGE 2067 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepare~l ~)y: Thomas C. Palmer'7-~/.. ,~/iz L__---------- Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441543 OR: 2518 PG: 1721 RSCORD~D in O~ICIAL RBCORDS of COLLISR COUIIf~, EL letn: IIIIRO~IC! 4TH ~LOOR RBC F!! 10.50 coPlliS 2.00 FEEl 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Orval K. Hill and Elizabeth H. Hill, Husband and Wife, 1260 Barbizon Lane, Naples, FI. 34104 The Lien was recorded on September 30, 1994, in Official Record Book 1989, Page(s) 2141, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $1340.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATrACHED EXHIBIT "A" FOLIO NUMBER: 24880640006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~z~_ day of ~,--~t _~ ,1999. ATTEST: DWIGHT.E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA; AS THE GOVERNING BODY OF COLLIER COUNTY 'AND AS EX-OFFICIO THE GE)VERNING BQ.ARD OF THE COLLIER COUNTy WATER-S.E.,WER P.~M EI~.~. ~IVrA~KIE,r Ci~TAi-RWOMAN "" FEB 2 3 1999 EXHIBIT "A" LOT 16, BLOCK D, BROOKSIDE SUBDIVISION, UNIT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 83 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1716, PAGE 326 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. This instrument prepared b.y: Thomas C. Palmer"~,l~ ~vL--~------ Assistant County Attorr~y Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 OR: 2518 PG: 1'17-3 RRCORDBO in OF~ICI~,L RilCORD~ o~ COLLIER COIlliT~, EL 03/02/1999 at ll:03~,H D#IGHT B. BROCK, CLBRK Retn: CLSRK fO THS BOARD IHTBRO~ICB 4TH ~LOOR RBC rS! 10.50 COPISS 2.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Morris Solow, a single man 5401 Yahl St. Naples, FI. 34109 The Lien was recorded on July 27, 1993, in Official Record Book 2083, Page(s) 0930, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of $2500.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00243800009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~5~:) day of ~:~'~0.,2,',1999. ATTEST: ,- DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF:.. THE COLLIER COUNT'¢ WATER-SEWER .::i . DISTRIC. zT'~ :, ' ,/~:,': -.-,, . . , . ,, . ,: .: ;,:~' N,,,'~ ..,~,-;. : ' ,:'A' ~ ".*. PAML~LAS. MA-C;KI~, C~AII~'woMA '"" ' N ",;',,' .'" EXHIBIT "A" 2 3 999 THE NORTH iO0.O0'FEET OF THE SOUTH 510.00 FEET OF THE WEST HALF OF THE EAST liALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST; EXCEPTING THEREFROM THE WEST 100.00 FEET RESERVED FOR A DRAINAGE EASEMENT, AND THE EAST 30.00 FEET RESERVED FOR AN INGRESS AND EGRESS EASEMENT AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1183, PAGE 1014 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO # 00243800009 F0H THREE YEA~S UTILIZINO 94-2201 ~., DO( LIST 0F ~P~ISE~$ ~ ~UATION SER~CES 916D7 - ~ts it~ has been del~te~ ~16D~ - ~s tt~ has been ~eleted ~16D9 - ~is tt~ has been delKted Ii6"D10- Thif irma hae been delJted__ ~1~il-~ Thif item hal been deleted APPRAISAL 99-141 APPROVING SATISFACTION OF LIENS FOR CERTAI~ ACCOUNTS T~AT Z~AVE PAZD~ FULL FOR TaE 1991 SOLZD WAS~ AND DISPOSAL SERVICES SPECIAL ASSESSHENTS Page 192 RESOLUTION NO. 99- 141 FEB 2 3 1999 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 5157 Account No. 19208 Account No. 35952 Account No. 66303 Account No. 91158 C0PIES Account No. 97204 2441251 OR: 2518 PG: 0911 RECORDED tn OFFICIAL RECORDS of COLLIER COUNTY, FL 03/02/1999 at 08:49AH DI~IGHT S. BROCK, CLBR[ BEC FBI Retn: CLERK TO ?HE BOARD I#TBROFFICB 4TH FLOOR 1240 10.50 2.00 This Resolution adopted this-..~rOday of FEB 2 3 1999 OR: 2518 PG: 0912 *** ,1999 after motion, second and majority vote. ATTESt: "' ' '~'''' ~'pprogeoas'to le~ sufficiency:? Coun~ BOARD OF COUNTY COMMISSIONERS BY: /''~"~'~' ~' ' r -'-7-"' PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2441252 OR: 2518 PG: 0913 *** RECORDED In OFFICIAL RECORDS of COLLIRR COUE?¥, FL 03/02/1999 at 08:49A!( D~IGHT R. BROCK, CLERK RSC FE! 6,00 Retn: CLERK ?O THE BOARD IH?SROFFICE 4TH FLOOR 7240 CO?I~S 1.00 FEB 2 3 1999 Property Folio No. 00120760000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mary Williams 313 Weeks Terrace Immokalee FL 33934-0000 The Lien was recorded on the l't day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Two Dollars ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 3 47 29 BEG NE CNR OF SEl/4 OF SE 1/4 OF SW1/4 SEC 3, W 331, 10FT. N 297.61FT TO POB, N 60 FT, E 135FT. S 60 FT, W 135 FT Folio No. 00120760000 Project No. 60000 Account No. 5157 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exertion and recording of this Satisfaction of Lien, by action of the Board this ~ ~rp day of "~bf'ua,,-v' , 1999. - D~I~//E~RO~C~, Clerk ,stg atm-..e. .n'i ":' .. Approved as to f~rm a~d legal sumc]~hCy BOARD OF COUNTY COMMISSIONERS COLLIER J3~UNTY, FLQBID_A, , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2441253 OR: 2518 PG: 0914 *** RBCORDRD ill OFfiCIAl. RECORDS o[ COLI, IRR COUNTY, FL 03/02/1999 at 08:49AK DWIGH? B, BROCK, CLERK R~C FB! 6.00 Retn: CLERK TO THE BOARD INTEROFfiCE 47H FLOOR EX? 7240 COMBS 1.00 FEB 2 3 1999 Property Folio No. 22620040004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Arturo Salinas ET UX 4730 NORMANDY DR NAPLES FL 33962 The Lien was recorded on the 1" day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety- Nine Dollars and Seventy-Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: AVALON EST UNIT 1 BLK 1 LOT 1 OR 194 PG 856 Folio No. 22620040004 Project No. 60000 Account No. 19208 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exec. u.tion and recording of this Satisfaction of Lien, by action of the Board this ~_.~--~ ri) day of ¥' ¢~fu~,, ,1999. 0 BOARD OF COUNTY COMMISSIONERS BY: / ....... ' / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2441254 OR: 2518 PG: 0915 *** RBCORDBD in 0~EIClAL RBCORDS of C0LLIBR COUHTI, IL 03/02/1999 at 08:tgAH D~IGffT ~. BROC[, CLBRX HBC ~B! 6.00 COMBS 1,00 BeLa: CLBBE ?0 ?HB 80~D m FEB 2 3 1999 Property Folio No. 36231880005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steven Lulich 5001 N Tamiami TR Suite 1 Naples FL 33940-0000 The Lien was recorded on the 1't day of February, 1993, in Official Record Book 1793, Pages 459 through 598, 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 Ninety-Nine Dollars and Sixteen Cents ($299.16) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 5 BLK 153 LOT 36 OR 1401 PG 219 Folio No. 36231880005 Project No. 60000 Account No. 35952 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Se~tisfaction of Lien, by action of the Board this ~ r~ day of , ¥'cbf~ , 1999. BOARD/~OF COUNTY COMMIS§ICNERS COLLI,I~COUN~, ~A~ BY: PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2141255 OR: 2518 PG: 0916 *** RBCORDBD iB OFFICIAL RBCORDS of COLLIBR COUII?X, FL 03/02/1999 at 08:49AH DilIGIIT B. BROCK, CLBRg R~C ~B ~.00 Retn: CLBRK TO THE BOARD IH?BROFFICB 4TH FLOOR BXT 7240 CO?lBS 1.00 FEB 2 3 1999 Property Folio No. 56932680005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Donald B Loetz 3566 Centinela VE Los Angeles CA 90066-0000 The Lien was recorded on the l't day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety-Nine Dollars and Seventy-Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT4 BLK 117 LOT 5 OR 1363 PG 438 Folio No. 56932680005 Project No. 60000 Account No. 66303 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _~,.~).. day of ATTEST: DWIGHT~I~ROCK, Clerk ~Attdst as to Chafrman's Sl~ature Approved as to form and legal su~ciency , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ AMt::'LA"'-S .'I~A ~KI ~,rCH'-~i I~V~)MAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2441256 OR: 2518 ?G: 0917 *** RBgORD]iD in OFFICIAL R]ICORDS oE COLLIIIR CODllf¥, FL 03/02/1999 at 08:49A~ D~IGHT ~, BROCK, CLgRK R~C ~ 6.00 ~OPI~ 1.00 Retn: CLBRK TO ?HS BOARD I#TBROFFICB 4TH FLOOR FEB 2 3 1999 Property Folio No. 66881360000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sergio R Silva ET UX 309 S 6TH ST Immokalee FL 33934 The Lien was recorded on the l't day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Two Dollars ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK B LOT 16 OR 446 PG 217 Folio No. 66881360000 Project No. 60000 Account No. 91158 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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. ~c)tv,~, ,1999. , . ,~.~ ~ ~,: ~ ;~.~ ~, "' DWIG~ ~OCK, Clerk Q,,, ApPreved as, to 1fo~, ~ 'and leg~J,~'ufficien~y IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe. c.ution and recording of this Satisfaction of Lien, by action of the Board this ~___._~P day of BOARD OF COUNTY COMMISSIONERS This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2441257 OR: 2518 PG: 0918 RBC0RDRD in OFFICIAL R]iC0RDS of COLLISR C0Uli?¥, FL 03/02/1999 at 08:49AM DWIGHT B, BROCK, CLBRK Retn: CLBRK TO THB BOARD IRTSROFFICB 4TH FLOOR BXT 7240 R~C FSS 6.00 COPIgS 1.00 FEB 2 3 1999 Property Folio No. 71271560007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William Stanley Sammons Debbie Sammons 38 Royal Cove Dr Naples FL 33963-0000 The Lien was recorded on the l't day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety- Nine Dollars and Seventy-Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROYAL COVE LOT 38 OR 1520 PG 1324 Folio No. 71271560007 Project No. 60000 Account No. 97204 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Sa~tion of Lien, by action of the Board this ~.~:~r~ day of · ¥ ~b~:~,, / , 1999. BOARD OF COUNTY COMMISSIONERS BY' ~ /~ ' PA~/IELA S. MAC'KI~, C~AIR/VVOMAN February 23, 1999 Item #16D13 RESOLUTION 99-142 APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTAIL ACCOUNTS THAT HAVE PAID IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 193 FEB 2 3 t999 RESOLUTION NO. 99 -142 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 7508 Account No. 17307 Account No. 22004 Account No. 30106 Account No. 40604 Account No. 44600 Account No. 48059 Account No. 49207 Account No. 66358 Account NO. 66604 Account No. 76157 Account NO. 86354 Account NO. 87706 Account No. 98151 Account NO. 98452 Account No. 101404 Account No. 105905 Account No. 116800 Account No. 118251 Account No. 127954 Account No. 130006 2441186 OR: 2518 PG: 0799 i~ECORD~D in OFFICIAL ltECORI}~ Of COLLIER COU87¥, FL 03/02/1999 at 08:37AN DWIGHT ~, BROC[, CLNRK Retn: CLHK ?0 ?HE BOARD 7240 COPIES 10.50 2.00 Account No. 138406 Account No. 141804 Account No. 141859 Account No. 152880 Account NO. 2105 Account NO. 27106 OR: 2518 PG: 0800 *** FEB 2 3 1999 This Resolution adopted second and majority vote. thl~'~Jr° day after motion, ATTEST: DWIGHT E. BROCK, CLERK ~,tte~t n~ to 'Approved as to form a6d legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CvQ{JNTY, FLOR{DA . , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No, 00120760000 *** 2441187 OR: 2518 PG: 0801 *** RBCORDBD in OEFICI~L RBCORDS of COLLISR COON?Y, FL 03/02/1999 at 08:37~H D~IGH? S. BROCK, CLBR[ ~C ~!! ~.00 1.00 ~e[~: ?o FEB 2 3 ]999 ~[? 72~0 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mary C Williams 313 Weeks Terrace Immokalee FL 33934-0000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 3 47 29 BEG NE CNR OF SEl/4 OF SE 1/4 OF SW1/4 SEC 3, W 331, 10FT, N 297.61FT TO POB, N 60 FT, E 135FT, S 60 FT, W 135 FT TO POB OR 1628 PG 2041 Folio No. 00120760000 Project No. 61000 Account No. 7508 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e~ecution and recording of this Satisfaction of Lien, by action of the Board this (~1--~ day of "~r-~('~{ ~y , 1999. ' DWI G HT/E71~0(C,~,' Clerk ',.sigh~tu?~ onlf', ,' Approved as to r0rm '~-and legal su~ciency BOARD OF COUNTY COMMISSIONERS COLLIER.C, pUNTY, FLORIDA , PAMELA S. MJ, C~ KJ"E, CRAIR(NOM~N This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 00420480006 *** 2441188 OR: 2518 PG: 0802 *** Ra¢ORDBD ia OFFICIAL RBCORDS of COLLIER COUII?¥, FL 03/02/1999 a~ 08:37~H D~IGHT B, BROCK, CLSRK ~C FBS 6.00 Retn: CLBRK fO THB BOARD INTBROFPICB 4TH FLOOR BXT 7240 CO?IlS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James R & Debra Whittemore 6191 Whitaker Rd Naples FL 33999 The Lien was recorded on the 19'h day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 16 50 26 W1/2 OF Wl/2 OF SEl/4 OF NE 1/4 OF NWl/4 LESS PJW 2.38 AC OR 1128 PG 2307 Folio No. 00420480006 Project No. 61000 Account No. 17307 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 ~~ day of "~'~.~ / , 1999. v ATTES¥:,~/- DWIGHT ~"-B~~rk signature onl:y. Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS By' 'PA~IELA S. MAC'KI~, C~AIR/VVOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 01132960004 *** 2441189 OR: 2518 PG: 0803 *** RB¢ORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/02/1999 at 08:37A!1 DilGlt? E. B~OCE, CLB~K ~C ~BB 6.00 Rein: CLBR[ TO ?HB BOARD IR?EROF~ICB 4TH FLOOR EXT 7240 COPIIS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Frances Hodge P.O. Box 111 Copeland, FI 339260000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 13 52 29 UNRECD LOT 45 COPELAND VILLAGE DESC AS: COMM E1/4 CNR SEC 13, N 68 DEG W 987.57FT, S 42 DEG W 37FT. N 52 DEG W 134.40FT. N Folio No. 01132960004 Project No. 61000 Account No. 22004 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 .e~e_cution and recording of this Satisfaction of Lien, by action of the Board this',.--~¥O day of "~. ~-~,,~/ , 1999. ATTEST: DWIGHT F~,BROCK, Clerk A~.~="; ~ ~ -,.~,"~.:.~ - ,,-. · ~cest as to' Cha'fnaan's Approved aS'rd ferm, and legal sufficiency , BOARD OF COUNTY COMMISSIONERS COLLIEI~3OUNTY, FLOJ:UDA , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 26084520001 *** 2441190 OR: 2518 PG: 0804 *** 03/02/1999 at 08:37~H DitIGHT B, BROCK, CLBRK RBC ~BB 6.00 Beth: SZ1 7240 COPISS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sherald D Daniels P O Box 5 Chokoloskee FL 33925-0000 The Lien was recorded on the 19~' day of September, 1994, in Official Record Book 1986, Pages 766 through 942, 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 One Dollars and Forty-Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CHOKOLOSKEE 36 53 29 COMM SE CNR NE1/4 SEC 36, N 578.20FT, N 84 DEG W 168.97FT, N 76 DEG W 408.94FT, S 84 DEG W 255.69FT, N 76 DEG W 144FT, N Folio No. 26084520001 Project No. 61000 Account No. 30106 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e~.,,C_.ution and recording of this Satisfaction of Lien, by action of the Board this [----~ day of '~~., . 1999. ATTESff;~./ ,;. ~ignatt~re only.f'. Approved as to fo~ · and legal su~ciency BOARD OF COUNTY COMMISSIONERS This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 35755880003 *** 2441191 OR: 2518 PG: 0805 ReCORDIID in OFFICIAL RBCORDS Of COLLII~R COUlif~, Fl, 03/02/1999 at 08:37AH D~IGHT ~. BROCK, CLBRK R~C F~ 6. O0 Retn: CLIR[ TO TH! BOARD IHTBROFFICB 4TH FLOOR 1240 COPIBS l. O0 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: John G & Heather R Mc Arthur 4348 19th PL SW Naples FL 33999 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 33 LOT 11 OR 1349 PG 298 Folio No. 35755880003 Project No. 61000 Account No. 40604 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e~,.~cution and recording of this Satisfaction of Lien, by action of the Board this '~?O day of "~'~ ~rb./~x.P,.'v ,1999. ATTEST:. ' DW HT'F CK, Att-est as C 'atman's s~gna'tUre onl y~. Approved as to form and legal sufficiencY BOARD OF COUNTY COMMISSIONERS By' ~' /~ 'PAMELA S. MAC'KI~, CHXIR~OMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 35993400009 *** 2441192 OR: 2518 PG: 0806 *** RRCORDIID in OFFICIAL RBCORDS of ¢OLLIRR COUKTL FL 03/02/1999 at; 08:37AM D~IGHT B. BROCK, CLBRK R~C ~S ~.00 Retn: CLBRK TO THB BO&RD CO~ISS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Carlos & Maria Perez 2975 46th ST SW Naples FL 33999 The Lien was recorded on the 19~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 3 BLK 93 LOT 25 OR 1451 PG 2086 Folio No. 35993400009 Project No. 61000 Account No. 44600 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 fc--~~O day of ~"~-~ ~ ~/ , 1999. ATTEST: . DWIGHT O Clerk t? -. S~~ ~'l~Zorm '.. ~nd legal su~cieocy BOARD OF COUNTY COMMISSIONERS By' ' , --'"~ 'P/MELA 8. MAC'KiE, C~AIR/WOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36231880005 *** 2441193 OR: 2518 PG: 0807 *** RRCORDRD in O~ICIAL RBCORD3 of COLLIRR COUNTY, FL 03/02/1999 aL 08:37At{ DtilGa? B. BROCK, CLBRK INTIROHICi ITH ~LOOR COPIES 1,00 FEB 2 3 f999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steven Lulich % Pelican Gulf Assoc 5001 N Tamiami TR Suite 1 Naples FL 33940 The Lien was recorded on the 19~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred and Two Dollars and Twenty-Two Cents ($302.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 5 BLK 153 LOT 36 OR 1401 PG 219 Folio No. 36231880005 Project No. 61000 Account No. 48059 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e.~.ecution and recording of this Satisfaction of Lien, by action of the Board this '._--~'~-~P day of '~'-~- ~a~ ~k~ ~/ I 1999. ATTEST: A -es{ ss to'Ch'af ,an's stgnatu~'e onl,~. Approved as to f0~ .. and legal sufficiency By:, - / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36241800004 *** 2141191 OR: 2518 PG: 0808 *** RBC0RDBD i~ 0~IClAL RBC0RDS 0f CO~LI~R COUNTY, ~L 03/02/1999 at 08:3?AM DWIGHT B, BROCK, CLBRK RBC ~8B 6.00 COMBS 1.00 NeOn: CLSRK TO TNB BOARD NTS O , CS FEB2 3 1999 BXT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Robert F Hunsbusher & Karen T Hunsbusher 2090 51st Terr S W Naples, FI 339990000 The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 5 BLK 167 LOT 25 OR 1471 PG 957 Folio No. 36241800004 Project No. 61000 Account No. 49207 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 Satisfa~ction of Lien, by action of the Board this ~)._OD'(~ day of ~,.~ / , 1999. ATTEST: .,, DWI G HT~O~,t'(,~Clerk as to signatu,,~: m'~l ~."' Approved as' ~o f~rm and legal ~u~ciency BOARD OF COUNTY COMMISSIONERS By' ~' /~ 'PA~MELA S. MAC'K~E, ChAII~'WOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 37981880008 *** 2441195 OR: 2518 PG: 0809 *** R~CORDBI) in Oi!~ICIAL RB¢ORDS of COLLII~R COUNTY, FL 03/02/1999 at 08:37A!( D~IGHT 9. BROCK, CLERK Retn: CLRR[ ?O ?H! BOARD INfRRO~IC~ 47fl ~LOOR 7240 R~C ~BR 6.00 CO~I~S 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Richard L & Brenda V Silvers 3325 17th Ave SW Naples FL 33964 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 27 E 75FT OF W 150FT OF TR 25 OR 902 PG 1913 Folio No. 37981880008 Project No. 61000 Account No. 66358 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e~i.o_n and recording of this Satisfaction of Lien, by action of the Board this;' -,-~:~' day of _"~-~b~/ , 1999. ATTES~ j , .,~DWIGHT Fr:'-BROCK Clerk ,:;. test as to ChaPman's . ;- signatu, re onl,y.... ,. Approved as to form '"':.., and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER~X~)UNTY, ~LOR,,~JlD,,A' , / This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 37984520006 *** 2441196 OR: 2518 PG: 0810 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, EL 03/02/1999 at 08:31At~ DWIGI1T S. BROCK, CLERIC Rein: CLBRK ?0 THB BOARD IHTRROUICR 4TH FLOOR 1240 COFIBS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dennis & Karen Krum SR 3450 15th Ave SW Naples FL 33964 The Lien was recorded on the 19"' day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 27 E 75FT OF TR 53 OR 616 PG 1816 Folio No. 37984520006 Project No. 61000 Account No. 66604 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e,x~qution and recording of this Satisfaction of Lien, by action of the Board this day of '~'~:~:~ u,~./ , 1999. ATTEST-,' Attest as to;L'haf a.' Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 40628680008 *** 2441197 OR: 2518 PG: 0811 *** RBCORDBD in OFFICIAL RBOORDS of COLLIBR COUR?Y, FL 03/02/1999 at 011:3?Al~ DllI6H? B. BR0C[, CL~R[ ~C ~ 6. O0 aetn: CLBRK TO ?HB BOARD IHfiRO~ICR 47H FLOOR 7240 COFIBS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Erik Dyer 4371 18th Ave SW# B Naples FL 33999-5909 The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 76 W 75FT OF E 180FT OF TR 121 OR 1592 PG 1972 Folio No. 40628680008 Project No. 61000 Account No. 76157 Collier County, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs e~cution and recording of this S~ction of Lien, by action of the Board this ~'~{C) day of "~¢ ~xO,~ .1999. -- ATTEST: DWIGHT ~-'~RO~lerk ,~"t'~'s~ as ~to ChElm~n'$ slg~atur, e oI~15.,. Approved as to .form and legal suffiCiency BOARD OF~COUNTY COMMISSIONERS C O L LIE !?~r',.,{D U NTY,~ LQ~ , / This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 50890560001 *** 2441198 OR: 2518 PG: 0812 *** RRCORDED in OFFICIAL RECORDS of COLI, IBR CODET~, FL 03/02/1999 at 08:37A!~ DlIGlt? E, BROCE, CUR[ RBC ~RE 6.00 Retn: CLERK TO ?HE BOARD INTEROFHCE 47H FLOOR EXT 7240 COPIES 1,00 'E8 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard Hoop Diane Hoop 2807 Holly Ave Naples FL 33962 The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: HOLLY TERRACE LOT 17 OR 1648 PG 06 Folio No. 50890560001 Project No. 61000 Account No. 86354 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e.x~c_ution and recording of this Satisfaction of Lien, by action of the Board this ~'o...~L~:~p day of "~ ~,~ , 1999. v ATTEST,,: S lgii~tul-e Approved a~ to form ~cienc~ BOARD O.F/~OUNTY COMMISSIONERS CO LL, ER.R_/C_.(~U NTY,~:L~ '/ PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 51544806007 *** 2441199 OR: 2518 PG: 0813 *** RBCORDRD in O~ICIAL RBCORD~ of COLLIBR COUR?Y, FL 03/02/1999 at 08:3?AN DWIGHT B. BROCK, CLBRX RBC ~SS 6,00 Retn: CLBRK TO THB BOARD INTBRO~ICB 4TH ~LOOR SX? ?240 COPIBS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Marvin & Lynne L Milstein 2030 Castle Garden Ln Naples FL 33942 The Lien was recorded on the 19"' day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: IMPERIAL GOLF ESTATES PH. 5 LOT 51 OR 1516 PG 1104 Folio No. 51544806007 Project No. 61000 Account No. 87706 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 VVHEREOF, 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 ~.~P day of '~.-~ '~V I 1999. ATTEST:'" DWIGHT ~.<~K~' Clerk Approved as to'form "'apd lega{ su~ciency BOARD 0,17~COUNTY COMMISSIONERS By: ' ' / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 56932680005 *** 2441200 OR: 2518 PG: 0814 *** RB¢0RDI[D in OFFICIAL RBC0RDS of COLLIBR COUll?~, FL 0.t/02/1999 at 08:37AK DiIIGH? B. BROC[, CLBRK Retn: CLIRK TO TH! BOARD IHTIROFFICS 4TH FLOOR 7240 RBC FBB 6.00 COFIBS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Donald B Loetz 3566 Centinela VE Los Angeles CA 90066 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 768 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 4 BLK 117 LOT 5 OR 1363 PG 438 Folio No. 56932680005 Project No. 61000 Account No. 98151 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e~ecution and recording of this Satisfaction of Lien, by action of the Board this '~_.~ day of "~C:~,~,~/ , 1999. ATTEST: DWIGHT ~..RO~CK~ Clerk Attest as 'to Cha 1man' s signature ~)Jllr!fi..- Approved as to form and legal sufficiency BOARD OF C/,~)UNTY COMMISSIONERS COLLIER ~TY, F!,ORJD,5_ . By:~~'~:~:' PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 56937200008 *** 2441201 OR: 2518 PG: 0815 *** RRCORDRD in OHIClIL gBCORDS of COLLIRR COUN?~, ~L 03/02/1999 at 08:37~K DWIGHf ~, BR0C[, CLSRK RSC FBB 6.00 COPISS 1.00 Reta: ua eoa FEB 2 3 IH ?Il0 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Marilyn Streit 1155 Mulberry CT Marco Isl FL 33937 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 4 BLK 121 LOT 6 OR 945 PG 168 Folio No. 56937200008 Project No. 61000 Account No. 98452 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Cir. cuit 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 Sati~:~o,,nf/Lien, by a~t~o9n9;f the Board this '_~ ~ dayof ATTEST: DWIGH~R~ork Attest as to Chatm an's $ t qn C't-,i,'::, 0,i'J y~ '' Approved as to form' and legal sufficiency BOARD OF,,~OUNTY COMMISSIONERS COLLIER~'O~UNTY, F~O~, , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 57940000003 *** 2441202 OR: 2518 PG: 0816 *** RBCORDBD i~ O~IClIL RBCORDS o[ COL~IBg COUNTY, 0~/02/1999 at 08:~?~N DWIG~ ~, BgOC[, CL~ R~C F~S ~.00 COMBS Rein: CLS K T0 n0ARD FEB2 3 J999 IN~EROFFIC~ 4TH FLOOR SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Judy Ann Kline P O Box 2141 Marco Island FL 33969-2141 The Lien was recorded on the 19'" day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 11 BLK 373 LOT 8 OR 895 PG 1930 Folio No. 57940000003 Project No. 61000 Account No. 101404 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 Sati~fa, ction of Lien, by action of the Board this ~,~73~ day of ~,~,~"b'{ ,~,~ ,1999. ATTEST:' DWIGHT ~¢'~OC~K, Clerk A t'as to Chef trail's ~,. signature onl~; '~ ~, ApproVed as to form and legal,sufficiency BOARD OF_COUNTY COMMISSIONERS By: ;' - ' - ' / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 61831040003 *** 2441203 OR: 2518 PG: 0817 *** RBCORDIID in OFFICIAL itSCORDS of COLLIBR COUN?~, ~L B~C ~B~ 6.00 IK?~O~IC~ ~?H COPIES 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael J Puleo 1004 Oak Forest DR Naples FL 33942 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES GROVE & TK CO LITTLE FARMS UNREC'D LT 9 OAK FOREST VILLAS (HO) AS DESC IN OR 1149 PG 1539, OR 1244 PG 1407 Folio No. 61831040003 Project No. 61000 Account No. 105905 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs exe.cut~ and recording of this Saris[action of Lien, by action of the Board this '~..~"~ day of "~xt~-,/ , 1999. ATTEqT: DwIGH, T' O CK Clerk At. st-as ;to Chatr'a '$" 'stg~rd:t.lr, e oni~. .. Approved as t~-form and legal su~oiency By:. PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62632240001 *** 2441204 OR: 2518 PG: 0818 *** EBC01DID in 0~IClJ[L RIC0~DS 0[ COLLIER C0U~TL FL Re[n: CLBRK ?0 THS BO&RD lBS &,O0 COPIIS 1.00 FEE} 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Robert K & Gerrie L Shafer 645 101ST Ave N Naples FL 33963 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 26 LOT 14 OR 626 PG 1907 Folio No. 62632240001 Project No. 61000 Account No. 116800 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e)~ecution and recording of this Satisfaction of Lien, by action of the Board this ,~,_~{P day of ATTEST: DWIGHT ~TB. ROCK, Clerk Attest to Chilean's 't 'form ciency BOARD O,,F3COUNTY COMMISSIONERS CO LLI ~U. NTY,,~ F L~;~,~ ,/ PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62700480007 *** 2441205 OR: 2518 PG: 0819 *** RRC0RDEI) in OFFICIAL RECORDS o[ COLLIER C00N?~, FL 03/02/1999 at, 08:37All D~IGHT B. BROCK, CLSRK Retn: CLERK TO THE BOARD INTEROFFICE ~TN FLOOR BXT ?240 RSC F~E ~.00 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Raymond E VVhitlock 939 92ND Ave N Naples FL 33963 The Lien was recorded on the 19'h day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 4 BLK 43 LOT 39 OR 1099 PG 464 Folio No. 62700480007 Project No. 61000 Account No. 118251 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e, jc~ution and recording of this Satisfaction of Lien, by action of the Board this 'c.~.c~tO day of '~ ~(,,~,~_ ,1999. ATTEST?,; DWIGHT..ROCK, Clerk ltte t as to . hafnean's ~[brpt~t~:f:as t(¥~orm ,.and: lega!. .,. ·sufficiency BOARD OF COUNTY COMMISSIONERS By' # , ~ 'P~MELA S, MAC'KIE, ChAIrWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 64920680009 *** 2441206 OR: 2518 PG: 0820 *** RBCORDgD in 0PEICIAL R~CORDS 0[ COLLIBE COUNTY, ~L 03/02/1999 at 08:3?AK DWIGHT ~. BROCK, CLS~K BBC ~B~ 6.00 1.00 ~etn: BOARD FEB 2 3 1999 INTBaONICB 4TH FLOO~ SXl 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Charles E Rice Graciela C. Gonzalez 1609 Lake Trafford Rd Immokalee FL 33934 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1988, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Three Dollars and Two Cents (103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM EST LOT 8 OR 1468 PG 1838 Folio No. 64920680009 Project No. 61000 Account No. 127954 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e)~ecution and recording of this Satisfaction of Lien, by action of the Board this ~-'~t~ day of "~., V-..~,~[~o.~,.,, ,1999. ATTEST!!,,' DWIG HT~.F~RocK, Clerk Att%s to Chafmaan's stgnat.re o~.l,v,. Approved as to form · and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FLORIDA , PAMI~LA S. MAC'KIE, CHA~RVVbMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 65223040002 *** 2441207 OR: 2518 PG: 0821 *** RB¢ORDRI) in O~ICIAL R~CORDS of COLLIER COUN?¥, ~ 03/02/1999 at 08:37AN DWIGHf ~. BROCL C~BR~ R~C ~S 6.00 COMn~ 1.O0 INTSRO~IC~ 4TH ~LOOR SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Henry C & Judith A Dugan 260 Sharwood DR Naples FL 33942 The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIVER EST UNIT 1 LOT 76 OR 1090 PG 948 Folio No. 65223040002 Project No. 61000 Account No. 130006 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 ey~,cC_ution and recording of this Satisfaction of Lien, by action of the Board this ¢~O day of ~'~ 4 ~W 1 1999. ATTEST: DWIGR~R~.,~ _~Clerk ~t ¥~ to C~afr~an s -,. signature only.'* " Approved as to f(~rm · - and legal sufficiehcy BOARD OF COUNTY COMMISSIONERS By' , 'PAMELA S. MAC'KIE, C~AIWWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 68643680007 *** 2441208 OR: 2518 PG: 0822 *** RSCORDRD in O~IClAL R~CORD8 o[ COLLIRR CO,lilY, ~L ~SC ~S~ ~.00 CO~[SS i,O0 Rata: IHTBRO~ICli tlr SLOOR SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David A Quibell STE 714-20ARJ CENTRE 895 Don Mills RD Don Mills RD CANADA M3C 1W3 The Lien was recorded on the 19"' day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: QUAIL CREEK UNIT 2 BLK X LOT 13 OR 1274 PG 1033 Folio No. 68643680007 Project No. 61000 Account No. 138406 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 Sa~ti_sfaction of Lien, by action of the Board this ~'-~o day of ,, ~"'~ ~'~,1~¢,.,' ,1999. ATTEST: · DwIGHT'E?BROCK, Clerk ~ctest as~to Chafman's stgnatur~ oral 3[:~' Approved as to form and legal sufficiency BOARD O/1~ COUNTY COMMISSIONERS COLLIEi~' {3OUN'I'Y,, FI,,~B~,A , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 71271560007 *** 2441209 OR: 2518 PG: 0823 *** RBC0EDi~D ia 0~EICIAL RBCORDS of C0LLIBR C0Uli?Y, FL 03/02/1999 al; 08:3?AK DHIGH? S. BROC[, CLg~K 6.00 1.00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William Stanley Sammons 38 Royal Cove DR Naples FL 33963 The Lien was recorded on the 19~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROYAL COVE LOT 38 OR 1980 PG 1230 Folio No. 71271560007 Project No. 61000 Account No. 141804 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 ~o day of '~- ~,/ .1999. ATTEST'.'"," DWIGHT~B~ROCK, Clerk Approved as to form .~and legal sufficiency BOARD OF COUNTY COMMISSIONERS CO LLI E..,~bU NTY~F LO~DA/ ,/ PAMELA SMAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 71320840005 *** 2441210 OR: 2518 PG: 0824 *** i~BCOIU)BB in O~ICI~t lt~COItDS o[ COLLIBlt CO,IllTh, ~t 03/02/1999 at 08:37A# DliIGHT B. al~OC[, CLBRK ~BC ~BB 6.00 CO~I~S 1.00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Scott & Sandra Fox Edwin B & Janet R Thomas JR 121 Royal Cove DR Naples FL 33962 The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROYAL COVE UNIT 2 LOT 21 OR 1387 PG 946 Folio No. 71320840005 Project No. 61000 Account No. 141859 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 Satis~.aption of Lien, by action of the Board this ~.~O day of : '~yc_ ,~C){~,d~/ , 1999. DWIGHT ~KLClerk st~n~'k,,we ~1 v~. ' Approved as to form and legal .sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER UNTY,.FLO .D A. , / This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62784280003 *** 2441211 OR: 2518 PG: 0825 *** RBCORDBD il~ OFFICIAL RRCORDS of COLLIBR COUIITY, FL 03/02/1999 at 08:37~ DMIGHT ~. BROCK, CLBRK R~C F~B 6.00 CO~IBS 1,00 Retn: CLERK ?0 ?HB ltOARD 16D 13 IliTRROF~ICS 4TH FLOOR SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anthony & Carol Ann Rizzolo 719 100TH Ave N Naples FL 33963 The Lien was recorded on the 19"' day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 70 LOT 21 OR 1151 PG 1145 Folio No. 62784280003 Project No. 61000 Account No. 152880 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 Satisf_~tion of Lien, by action of the Board this ~to day of "N--~c~i~., , 1999. 0 .... DWlGHT/ETBRO. CK,. Clerk .. I.i ./ signature on]3. ~'~,,Approved a~ to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS % 'z PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Shirley Jean McEachern Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00418920002 *** 2441212 OR: 2518 ?G: 0826 *** REC01il)i~D ill 0~IClAL I[RC0RI)S 0f C0LLI~ C0UII?Y, ~L R~C ~BB 6.00 COPIBS l,O0 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Frederick J & Dianne M Corr 511 25th ST SW Naples FL 33964 The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy- Five Dollars and Fifty-Five Cents ($75.55) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 16 50 26 W 200FT OF El/2 OF Nl/2 OF Nl/2 OF NEll4 OF SWl/4 LESS R/W 1.37 AC OR 1564 PG 1325 Folio No. 00418920002 Project No. 62000 Account No. 2105 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~o day of '~-'~'~( v,~, .1999. ,~ ATTES'T: ~DWlGHT E. BROCK, Clerk '. i ~..~ ~. , ..~ ~?' '..' .... ~.,sl~ature/ohl~. ~'~ ,. Approved ~s to form ' "~:~, ~.}¢~.and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER ~OUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Shirley Jean McEachern Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62205320002 *** 2441213 OR: 2518 PG: 0827 *** ~¢ORD~D ia O~HCI~L R~CORD$ of. COLLIBR ¢OUN?~, ~L 03/02/1999 at 08:37~K DWIG~? !, BBOC[, C~R[ R~C ~! 6.00 CO~I~S 1.00 Retn: CLBR~ TO ?H~ ~0~ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: ST Jean & Merita Jean 5387 Carolina Ave Naples FL 33962 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BLK 7 LOT 25 OR 1612 PG 952 Folio No. 62205320002 Pr~ect No. 62000 Account No. 27106 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 Satis~af ction of Lien, by action of the Board this ~,~ day of ~'~-~o~ , 1999. '.'i ATTEST:"' "' DWIGHT E.'BROCK, Clerk · ,.. ' ,'L, ~( ,. ~. ' ';:' ~:~:., ApproVed as tO form ~5 ,'.'.and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAII~WOMAN February 23, 1999 Item #16D14 RESOLUTION 99-143 APPROVING SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS THAT HAVE PAID IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 194 RESOLUTION NO. 99- 143 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 39 Account No. 1355 Account No. 3667 Account No. 5571 Account No. 5720 Account No. 6729 Account No. 9739 Account No. 10935 Account No. 11044 Account No. 11581 Account No. 13741 Account No. 15794 Account No, 19680 Account No. 21160 Account No. 22512 Account No. 23278 Account No. 23553 Account No. 25661 Account No. 26725 Account No. 27229 Account No. 27986 Account No. 28972 Account No. 306144 Account No. 3311 Account No. 4307 Account No. 4844 2441104 OR: 2518 PG: 0610 RSCORD~D in OHIClAI, RBCORDS of COLLISR COUN?], 03/02/1999 at 00:14/~# DWIGII~ ~. HOC[, CLH[ HC ~H letn: CLERK TO ?HE BOARD IN?HOHICE I?H ~OOR H? 1240 COPIES 10,50 2.00 *** OR: 2518 PG: 0611 *** FEB 2 3 1999 This Resolution adopted this::~ff3~ day ofX-~¥~J~[.~- , 1999 after motion, second and majority vote. ATTEST: .. DWI?HT,~OCK CLERK ~,~. ~tt'est .as 'to, ~t~'a~ s Approved as to form ah'd le "~ncy: ~. ?' ~David C.,/VV'~igeP . - County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER,~OUNTY, FLORIDA . BY:p,~MELA S. MAC'KIE, ChAI,'5,WOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00054600003 *** 2441105 OR: 2518 PG: 0612 *** RBCORDSD in O~ICIU, R]lCORDS of COl, LIaR COIJliT¥, ~[, 03/02/1999 at. 08:NAH DliIGH? B. BROCK, CLRRK RSC ~R! 6.00 Retn: CLSRK TO THB BOARD IHTBROPPICB &TH PLOOR 1240 COMBS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mildred C Lee 4802 Lake Trafford Rd Immokalee FL 33934 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 UNRECD CHRISTIAN TERR LOT 1 DESC AS FOLL: COMM E1/4 CNR SEC 36, S 88 DEG W 1358.6FT, N 45.5FT TO POB, N 129.6FT, S 88 DEG W 100FT, S Folio No. 00054600003 Project No. 63000 Account No. 39 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 e~.x_ecution and_d_[recording of this Satisfaction of Lien, by action of the Board this'~day of'/-~_~£~h,,' ,1999. ATTI~ST: '- "' DWIGHT/E'>I~Ro~t~, Clerk lttest as to Chats. an s .<App~eved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS By' · , ~ "P~MELA S. MAC'KIE, ~HA~RWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00120760000 *** 2441106 OR: 2518 PG: 0613 *** R~CORDBB in OFFICIAL RBCORDS of COLLI~R ¢OUN?Y, FL 03/02/1999 at 08:ltAtt D~IGHT ~, BROCk, CL~ RSC FB~ 6.00 COMBS l. 00 Retn: CLBRK TO THB BOARD IHTBROFFICB 4TH FLOOR BXT 7240 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mary C Williams 313 Weeks Terrace Immokalee FL 33934 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 3 47 29 BEG NE CNR OF SE1/4 OF SE1/4 OF SVV1/4 SEC 3, W 331.10FT, N 297.61FT TO POB, N 60FT, E 135FT, S 60 FT, W 135 FT TO POB OR 1628 PG 2041 Folio No. 00120760000 Project No. 63000 Account No. 1355 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs p,.xecution an_d_.r, ecording of this Satisfaction of Lien, by action of the Board this'_,~ay of ~,j~:)n,.- .1999. and legal 'sufficiency BOARD OF.,~OUNTY COMMISSIONERS CO LLI E!~'$._~U NTY,~:L~ , ! This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00759400003 *** 2441107 OR: 2518 PG: 0614 *** REC0RDBD in O~I~IIL RBC01tDS of COLLI~ 03/02/I999 ~t 08:1t~ll RSC FBS 6,00 ~etn: CLBRK TO ?HB BOkRD INTBROF~ICB 4TH FLOOR BZT ?240 COPIBS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: George E Kostohryz & Rosemary Kostohryz P.O. Box 10631 Naples, FI 339410000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 16 51 27 NVV 1/4 OF NE 1/4 OF NE 1/4 OF SE 1/4 2 1/2 AC OR 1516 PG 1206 Folio No. 00759400003 Project No. 63000 Account No. 3667 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs e.~_xe_cution and_d_[recording of this Satisfaction of Lien, by action of the Board thi~ay of ¥~J:)~'uCh,.' ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAI~IISI~'~_~~, (~I~A~I~V~II~FAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630720007 *** 2441108 OR: 2518 PG: 0615 *** R~CORDBD in O~I2IAI, RB¢ORI)S of COttIBR ¢0U!(?¥, FL 03/02/1999 at 08:14AK DWI6H? B. BROCK, CLBRK RBC F88 6.00 Retn: INTBRO~IC8 47H F~OOR 7240 COPIi$ 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Harry Young EST C/O Ida Allen 203 Colorado ST Immokalee FL 33934 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, 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 Six Dollars and Four Cents ($206.04) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 8 LOT 11 Folio No. 25630720007 Project No. 63000 Account No. 5571 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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__[,~ecording of this Satisfaction of Lien, by action of the Board thi~-,~'Oday of '~-e ~_,/y~,, ,1999. ,A'I-rEST:' 'z "'DWIGHT ,ET'i~ocK, Clerk ~st'as to Chafh~an'~ ' s ~L~d a81~ :fo"rm and legal suffiCie6'cy BOARD OF COUNTY COMMISSIONERS COLLIER C,,~)UNTY, FLORIDA PAi[,1ELA S. MAC'KIE, ClJIAII~,.NO~AN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 26084520001 *** 2441109 OR: 2518 PG: 0616 *** RBCORDRD in OUI¢IAL RBCORDS of COLLIBR C0Olif¥, ~, 03/02/1999 at 0B:li]~N DWIGHT R. BROCK, CLHK RBC HB ~,00 Retn: CLRRK TO THR BOARD IH?BROEEICB 4TH ~LOOR 7240 COPISS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sherald D Daniels P.O. Box 5 Chokoloskee, FI 339250000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, 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 One Dollars and Forty Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CHOKOLOSKEE 36 53 29 COMM SE CNR NE 1/4 SEC 36, N 578.20 FT, N 84 DEG VV 168.97 FT, N 76 DEG W 400.94 FT, S 84 DEG W 255.69 FT, N 76 DEG VV 144 FT, N. Folio No. 26084520001 Project No. 63000 Account No. 5720 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 ~cording of this Satisfaction of Lien, by action of the Board this~lay of '~--~u~ ,1999. · ,- and legal Su~c'iency BOARD OF COUNTY COMMISSIONERS By' , ' P~MELA S. MAC'KIE, C'HAI~WOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 29780360009 *** 2441110 OR: 2518 PG: 0617 *** RRCORI)~D ilt OFI!IClAL RRCORDS of COLLIRR COlJli'~, FL 03/02/1999 a[ 08:I~,AH DWIGItT B, BROCK, CL~RK REC FI~! 6.00 Retn: CLBRK TO TH! BOARD IHTBROFFICS tTB FLOOR 1240 COPIES 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jorge M & Maria C Zuluaga 2690 Kellers Way #P Naples FL 33962 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, 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 One Dollars and Forty-Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: DECKER HIGHLANDS BLK B LOT 7 + W 10FT OF LOT 8 OR 1887 PG 859 Folio No. 29780360009 Project No. 63000 Account No. 6729 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution a_nndj'ecording of this, Satisfaction of Lien, by action of the Board this~/~ay of ~x'._b~u~. 1999. ATTEST:,, .~DwIGH'j~ROC-.~, _Clerk as to Ch t'maan'$" SApp~bved a~ 19' form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER C~)UNTY, FLORIDA . PAI[,1ELA S. MAC KIE, CdAIRf~/VOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36231880005 *** 2441111 OR: 2518 PG: 0618 *** RECORDED in OHICIAI, RECORDS of COLLIER COUNTY, FL 03/02/1999 at 08:141li DIilGHT R. BROCK, CLERK R~C ~ 6,00 Retn: CLBR~ TO THi BOARD IR?BRO~I¢! i?H FLOOR Il? 72i0 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steven Lulich % Pelican Gulf Assoc 5001 N Tamiami TR Suite 1 Naples FL 33940 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred and Two Dollars and Twenty-Two Cents ($302.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 5 BLK 153 LOT 36 OR 1401 PG 219 Folio No. 36231880005 Project No. 63000 Account No. 9739 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs_execution a d0_d_~cording of this, Satisfaction of Lien, by action of the Board this~,~lay of '¥ _(~b,13¥ 1999. ATTEST:' · DWIGHT' ~O_CK. Clerk Attest as to Cha!r n'$ ,, Approved a~9.form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER .C,~)UNTY, FLORIDA PAMELA S. MAC'KIE, CRAIR/VVOI~AN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36377240004 *** 2441112 OR: 2518 PG: 0619 *** EBCORDBD in O~IClAI, RSCORDS of COLLIBll COUNTY, FL 03/02/1999 at. 08:ltAll Dii:[Gti? ~. BROCK, CUEK R~C ~B 6.00 CLBEK TO ?HB BOARD I~O~I~ t?~ ~00~ ~ 72t0 C0PIIS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Franklin L Hollica 5291 23RD PL SW Naples FL 33999 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PARK 1 BLK 210 LOT 23 OR 1693 PG 737 Folio No. 36377240004 Project No. 63000 Account No. 10935 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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~xecution and r~cording of this, Satisfaction of Lien, by action of the Board thi~/q~lay of ~-~cm~,~/ 1999. ATTES,'Fz ~ . .? OWIGHT~ocr~ Cl.l.l~erk At.test a.~ .to Ch~Irm~n,s .- -^pproveo as lO Torm and legal sufficiehcy BOARD OF COUNTY COMMISSIONERS COLLIER ~UNTY, F~LOJ~I~A, , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36383000005 *** 2441113 OR: 2518 PG: 0620 *** RRC0RDBD ia 0]~]~IClAL i{]I¢0EDS of COLLI~R C0UNTL FL RSC ~B~ 6,00 CO,IlS 1,00 Seth: CLSRX TO THB BOARD FEB 2 3 1999 IH~B~O~ICB 4~ ~LOO~ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Kathleen R Mc Carry 6577 Ridgewood DR Naples FL 33963 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BLK 218 LOT 16 OR 1498 PG 1842 Folio No. 36383000005 Pr~ect No. 63000 Account No. 11044 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 r~cording of this Satisfaction of Lien, by action of the Board this~C'~lay of "~'~'~,13~/ ,1999. ATTEST;: · DWIGH~ROCK, Clerk ~'Apprbved as~lq form and legal sufficiency, BOARD OF COUNTY COMMISSIONERS COLLIER,i;OUNTY, FLORIDA PAMELA,. ~.~C'~IE, dHAI~WO--MAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36515920005 *** 2441114 OR: 2518 PG: 0621 *** R~CORD~D in O~IClAL RBCORDS of COLLIBR COHli~¥, FL 03/02/1999 at 08:14AI/D~iIGH? B. BROCK, CLBRE Retn: CLBRK TO THK BOARD Ii?IRO~FICI iTL FLOOR 7240 RBC FEB co~I~S 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Terry A & Kathy Miller 4151 31ST PL SW Naples FL 33999 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 8 PART 1 BLK 276 LOT 20 OR 1299 PG 399 Folio No. 36515920005 Project No. 63000 Account No. 11581 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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~ay of ~~,~/u 1999. ATTEST: DWI G H'r~RO Cf, l(.,.,Cle rk ~p~ved, aa and legal sufficiency BOARD OF COUNTY COMMISSIONERS By: f ....... '" ' -/ PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 37984520006 *** 2441115 OR: 2518 PG: 0622 *** R~CORI)RD in O~ICI~L R~CORD; of ¢O~%IRR CO~Nf~, ~L RSC F~S 6.00 Retn: CLBRK TO THR BOARD INTBROFFIC! 4TH FLOOR 7240 COPIES 1.00 1990 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dennis & Karen Krum 3450 15TH Ave SW Naples FL 33964 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 27 E 75FT OF TR 53 OR 616 PG 1816 Folio No. 37984520006 Project No. 63000 Account No. 13741 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 ['ecording of this Saris!action of Lien, by action of the Board thin. day of ~----~--~['3f[~/ , 1999. ATTES'Ti "": ::.; ' '"DWIGHT 0 lark Attest ;; and legal su~ciency BOARD OF COUNTY COMMISSIONERS COLLIER G4DUNTY, FLORIDA P,~MELA S. MAC'KIE, CNAII~WOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41612280002 *** 2441116 OR: 2518 PG: 0623 *** RBC0RDBD in OFfiCIAL liBC0RD~ Of COLtI~R C0UIti'¥, FL 03/02/1999 at 08:NAK DW~Gtl? B. Ba0CX, CkSRK RBC FSS 6,00 Retn: CLBR[ fO ?H! BOARD IH?BROFFICB 4TH FLOOR 7240 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Elena Delgado 3521 36TH Ave SE Naples FL 33964 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 92 E 75FT OF W 180FT OF TR 24 OR 1504 PG 2147 Folio No. 41612280002 Project No. 63000 Account No. 15794 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 r~cording of this, Satisfaction of Lien, by action of the Board this~,~F'~lay of ~ Jcm~v 1999. ~. ATTEST:" ,, .. ·: DWIGHT/ETBROCK. Clerk Attest as-to Ch~tman-s s~iS~)i~&~d aslt~ fo. rm and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIEF~3UNTY~,FLO,~R~I,D,A , ! This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56932680005 *** 2441117 OR: 2518 PG: 0624 *** RB¢ORDBD in O~FICIAL RBCORDS Of ¢OLLIBR CODRTT, N, RSC FSB 6.00 Retn: CLBR[ TO THB BOARD INTBROF~ICB 4TH ~LOOR BIT ?Ii0 COMBS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Donald B Loetz 3566 Centinela VE Los Angeles CA 90066 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT4 BLK 117 LOT 5 OR 1363 PG 438 Folio No. 56932680005 Project No. 63000 Account No. 19680 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 a_nd~.recording of this Satisfaction of Lien, by action of the Board thi,~ day of~-dr~t ,1999. · ATTEST: DWIGH'~'~I~RO_CK, Clerk · s~prbued astg,form "~ and legal,sufficiency BOARD OF COUNTY COMMISSIONERS This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 61833160004 *** 2441118 OR: 2518 PG: 0625 *** RB¢ORDSD in OF]~IClAL RBCORDS of COLLIBR COUNT~, FL RSC ~BB 6,00 Rein: CLBRK fO TH! BOARD IN?B80~IC! t?H ~LOOR COPIBS 1,00 FEB2 3 899 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Terrace Park Village Inc 2761 Terrace Ave Naples FL 33942 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: E 1/2 OF TRACT 27 LESS SOUTH 30' FOR RWAND LESS TERRACE PK VILLAGE OR 1439 PG 1849 AND LESS 120' X 120' DESC IN DB 16 PG 277 AND LESS PARCEL 27.9 Folio No. 61833160004 Project No. 63000 Account No. 21160 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 a~ecording of this Satisfaction of Lien, by action of the Board thi,~ day of ~k~'u~,v ,1999. 0 BOARD OF COUNTY COMMISSIONERS COLLIER GOUNTY, FLORIDA By: PAMELA S. MAC'KIE, CI--IAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62257960009 *** 2441119 OR: 2518 PG: 0626 *** RBC0F, I)BD in OFFICIAL II~C0RDS 0f C0LLIB~, C0UIITT, ~L R~C ~SB 6.00 2, O0 Rein: [H~B~O~ICB &TH ELOOR SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ma~ Finger 5238 Texas Avenue Naples, FI 339990000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR LAKES BLK 9 LOT 11 OR 1418 PG 1542 Folio No. 62257960009 Project No. 63000 Account No. 22512 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 a0._cLmcording of this Satisfaction of Lien, by action of the Board this~/bday of "Y [tof~il-v, .1999. # ATTEST:., ;..' ' DWIG~I-I{T E~BR~C ~, Clerk At , st to Chatman's .~; and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER,Q~:)UNTY, FLORIDA PAMELA S. MAC'Ki-E, CRAII:J~VOI~AN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62632240001 *** 2441120 OR: 2518 PG: 0627 *** REC0RDIID in O~FIClAL RBCORDS o[ COLLIRR C0UIITY, ~L 03/02/1999 at 08:1.4AH. DNIGR'! ~. 6~0C[, CSB~K RBC ~B 6.00 Retn: CLBRK TO THB BOARD IHTBRO~HCB 4TH FLOOR CO~I~S 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Robert K & Gerri L Shafer 645 101ST Ave N Naples FL 33963 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 26 LOT 14 OR 626 PG 1907 Folio No. 62632240001 Project No. 63000 Account No. 23278 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this, Satisfaction of Lien, by action of the Board this~Pday of '~'~v&.k]c~,.,,' 1999. 0 ~, ATTEST:" ~")" ' DWIGHT ~B'ROCK, Clerk " Albproved.a~.tq.fqrm ~'~ and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER,~'~)UNTY, FLO_RI.DA' ; ! PAMELA S. MAC'KIE, CHAIF:WVOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62700480007 *** -4411 -1 OR: .518 PG: 0628 *** R~CORDRI) in OF[ICIAL R~CORD8 of COLLIBR COUN?~, ~L 03/02/1999 at OB:NAN DWIGHT ~. BROCk, CL~[ RBC ~B~ 6,00 CLBRK TO TH! BOARD IHTBRO~FICB 47H ~LOOR COPIR$ 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Raymond E Whitlock 939 92ND Ave N Naples FL 33963 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 4 BLK 43 LOT 39 OR 1099 PG 464 Folio No. 62700480007 Project No. 63000 Account No. 23553 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 an_al.recording of this Satisfaction of Lien, by action of the Board thi%.~day of _~)Y .t~ .1999. ATTEST: DWIGHT F_._BROCK, Clerk ,and legal su~ciency BOARD OF COUNTY COMMISSIONERS PA~IELA S. M,&.~'KTI~, CRAI~VbI~AN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 65223040002 *** 2411122 OR: 2518 PG: 0629 *** RSC0RDi~D in 0~EICIAL RilCORDS of C0LLIBR C0UN?T, FL Retn: CLBR[ TO ?HB BOARD IH?SROFFI¢~ 47H FLOOR BXT 7240 R~C ~! 6.00 COFIBS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Henry C & Judith A Dugan 260 Sharwood DR Naples FL 33942 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIVER EST UNIT 1 LOT 76 OR 1090 PG 948 Folio No. 65223040002 Project No. 63000 Account No. 25661 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 thi~,~ay of'~-~_~q~,_~,, ,1999. ~ Approved ae,tO [qrm · .'.) and legal sufficiency. BOARD OF COUNTY COMMISSIONERS COLLIERJ~'~UNTY, FLORIDA P,~MELA S. MAC'KIE, ClLIAII;(WOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 67965016059 *** 2441123 OR: 2518 PG: 0630 *** RBCORDBD in OFFICIAl, RIC0RDS 0f C0LLIBR C0UIifT, FL 03/o2/1999 et, OS:HA# D~TGH? ~, B~OCK, CLSaK Retn: CLRR[ ~0 ?H! BOARD IHTBROFFIC! 47H FLOOR RRC FB! 6.00 CO~I~S 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Plantation Circle Inc 127 Plantation Cir Naples FL 33942 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PLANTATION LOT 11 OR 1824 PG 2085 Folio No. 67965016059 Project No. 63000 Account No. 26725 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 an.q.~d recording of this, Satisfaction of Lien, by action of the Board thi~ ..~ay of '~c)/~.,/ 1999. ATTEST: DWIGH~~O.~(.K~,Clerk ,~*,."" ~:- ' 1, r~n s ~.. '!.' ~Appr0g~a ~a~ 'tC] .foi-~n · -~ . and legal sufficiehcy BOARD OF COUNTY COMMISSIONERS By' ' /~ ' P;MELA S. MAC'KIE, C~AI~WOMAN This instrument prepared by: David C. VVeigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 68643680007 *** 2441124 OR: 2518 PG: 0631 *** RlCORDBD in OHICltL RRCORDS of COLtI~R COUNf¥, Ft 03/02/1999 at 08:ltlN DWIGaT l, BROC[, CLIRK Retn: INTIRO~FlCl 4TH FLOOR lit ?240 aOPIli 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David A Quibell STE 714-20ARJ Centre 895 Don Mills RD Don Mills RD CANADA M3C 1W3 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: QUAIL CREEK UNIT 2 BLK X LOT 13 OR 1274 PG 1033 Folio No. 68643680007 Pr~ect No. 63000 Account No. 27229 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 thi~"~JPday of '~(~o~ ~;.-~ 1999. BOARD OF COUNTY COMMISSIONERS By' ' P~MELA S. MAC'I~E, ChAIrWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 71271560007 *** 2441125 OR: 2518 PG: 0632 *** RRCORDRD in OI~FIClAL RRCORDS of COLLIBR COUNTY, FL 03/02/1999 at 08:ltAM D~IGHT R, BROCK, CLRRR Retn: CLRRK TO THR BOARD IR?RROFFICR 4TH FLOOR 7240 lBO FRS ~,00 COPIRS 1.00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William Stanley Sammons 38 Royal Cove Dr Naples FL 33963 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROYAL COVE LOT 38 OR 1980 PG 1230 Folio No. 71271560007 Project No. 63000 Account No. 27986 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs_execution and rpcording of this · Satisfaction of Lien, by action of the Board this~.'~ay of ~c~.,_~/ ,1999. .,.ATTEST: '- , DWI G HTr-E~BROQK~,Clerk wq;e$~: as'to Cttall~l~lt'$ ' ~;, and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER,G,OUNTY, FLORIDA , P/i['MELA S. MAC KIE, ChAII~,WOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 75762320008 *** 2441126 OR: 2518 PG: 0633 *** RI~CORDED in OF]~ICIAL RECORDS Of COLLIER COUNT~, ~L 03/02/1999 at 08:IRAN DiilGit? g. HOCL CLERK B~C ~ 6. O0 Rein: CLERK TO THE BOARD INTERO~ICB 4TH ~LOOR EXT 7240 COPIES 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David Howell 2475 Sunset Ave Naples FL 33962 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, 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 One Dollars and Forty-Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNSET HOMES LOTS 65 + 66 OR 1791 PG 51 Folio No. 75762320008 Project No. 63000 Account No. 28972 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 agd3ecording of this, Satisfaction of Lien, by action of the Board thi,~day of Trt_~-m,~-~ 1999. .:ATTEST: DWIG H'~S~R~.?~, Clerk ".~'; afl:es'0 as-to ..... "~d~ $~'f0~m ,,:~. and legal sufficiency BOARD OF COUNTY COMMISSIONERS By: / PAMELA S. MAC'KIE, CHAIRV~OMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62784280003 *** 2441127 OR: 2518 PG: 0634 *** i~SCORDSD in O~FIClAL RBCORDS of COLLIER COUI~T~, FL 03/02/1999 at 08:I4AM DWIGHT B, BROCK, CLBRK RSC ~ ~.00 [HTSRO~HC! ~TH ~LOOR BXT COMSS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anthony & Carol Ann Rizzolo 719 100TH Ave N Naples FL 33963 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 70 LOT 21 OR 1151 PG 1145 Folio No. 62784280003 Pr~ect No. 63000 Account No. 306144 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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,~:~ day of '~k:~'~. ,1999. 0 ' sT . A-i.+rE · ,, '~i': ~DV¥!GHT ~,.~ tlrlll:~n- $ ,.;. and legal sufficiehcy BOARD OF COUNTY COMMISSIONERS c By: ! ....... ' -/' PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57940000003 *** 2441128 OR: 2518 PG: 0635 *** I~BCOIU)~D in 0EFIClAL RSCOEDS 0f COLLIBE COUNTL FL 03/02/1999 at 08:14R~ D~IGHT B. BROCK, CLSRK R~C ~B 6.00 Retn: CLgRE TO ?Hg BORRO INTgROF~I¢g 4TH FLOOR 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Judy Ann Kline P O Box 2141 Marco Island FL 33969-2141 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy-Five Dollars and Fifty-Five Cents ($75.55) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 11 BLK 373 LOT 8 OR 895 PG 1930 Folio No. 57940000003 Project No. 63000 Account No. 3311 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 an~ecording of this Satisfaction of Lien, by action of the Board this~ day of ¥cb~ ,1999. ATTEST;, ' cDWIGI-~,B. I~.OC. K, Clerk and,legal sufficiency By: ' ' / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 65070560007 *** 2441129 OR: 2518 PG: 0636 RRCORDRI) in OFFICIAL RRCORDS oF COLLIRR COUItTV, PL 03/02/1999 aL 08:liA. K RIilGH? R. BROCL CLRH ~SC ~BB 6,00 Retn: CLBRK TO THR ROARD ZNTRROFFZC~ 47H FLOOR COPIRS 1,00 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rosalto & Juanita Aguayo 5K6 Palmetto Ave Immokalee FL 33934 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Fifty-Four Dollars and Fifty-Three Cents ($154.53) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALMETTO PARK BLK 1 LOT 14 OR 789 PG 1903 Folio No. 65070560007 Project No. 63000 Account No. 4307 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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~_gday of .~ ~D~ 1999. BOARD OF COUNTY COMMISSIONERS By: I ....... , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 73180520000 *** 2441130 OR: 2518 PG: 0637 *** E~CORDSD in O~FICIAL RBCORDS o[ COLLIBR COUNTY, ~L R~C ~E! 6,00 C0~I~B 1,00 letn: FEB 2 3 1999 EXT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Baldomero & Anita Arreguin P O Box 2569 Immokalee FL 33934 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy-Seven Dollars and Twenty-Six Cents ($77.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEMINOLE BLK A LOT 25 OR 1803 PG 1205 Folio No. 73180520000 Project No. 63000 Account No. 4844 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 ~cording of this Satisfaction of Lien, by action of the Board this~.~._?day of ~CtP, r~.~ ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER C(~TY, FLQRI.DA.., , / pAMELA SMAC'KIE, CHAIRWOMAN February 23, 1999 Item #16D15 RESOLUTION 99-144 APPROVING SATISFACTIONS OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS THAT HAVE PAID IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 195 RESOLUTION NO. 99- 144 FEB 2 3 1999 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 39 Account No. 2943 Account No. 5238 Account No. 5487 Account No. 6758 Account No. 8280 Account No. 8594 Account No. 10786 Account No. 11277 Account No. 11730 Account No. 12412 Account No. 13152 Account No. 13165 Account No. 14313 Account No. 14766 Account No. 14915 Account No. 15383 Account No. 18403 Account No. 18458 Account No. 19486 Account No. 20077 Account No. 20116 2440878 OR: 2518 PG: 0045 03/01/1999 at 12:31PW D#ISB? {. BROC[, CL~R[ R~ FIB 10.50 2,00 ne~n: CLSRK TO THB BOARD ZNYHROFFZC! {TH FLOOR BXT ?Z40 *** 0~: 2518 PG: 0046 Account No. 20776 Account No. 22143 Account No. 22567 Account No. 23155 Account No. 23388 Account No. 23582 Account No. 23650 Account No. 23799 Account No. 23812 Account No. 24138 Account No. 24248 Account No. 25564 Account No. 25713 Account No. 26437 Account No. 26754 Account No. 28600 Account No. 39 Account No. 482 Account No. 3269 Account No. 4048 Account No. 4239 Account No. 6839 FEB 2 3 1999 This Resolution adopted this:::>z~'~Say of majority vote. , 1999 after motion, second and DW.,IGFIT.E. BPJ:;)CK, CLERK legal SU~ciencY,:x .~" ' ,.. ' David Weigel ' County Attorney , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:PAM~M~AN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 ,w, 2440879 OR: 2518 PG: 0047 w,w RI~CORDBD ia OI~ICIAL II~COl~l)S of COLLIIR COUIII'~, ~ 03/01/1099 at; 12:311)1( DJ/ISHT I. BROCK, CLIRK RBC FSB 6.00 Ret. n: CLBRK ?O ~H! BOARD BIT 7240 COPIBS 1,00 FEB 2 3 1999 Property Folio No: 00054600003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mildred C Lee 4802 Lake Trafford RD Immokalee FL 33934 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 UNRECD CHRISTIAN TERR LOT 1 DESC AS FELL: COMM E/14 CNR SEC 36, S 88 DEG W 1358.6FT, N 45.5FT TO POB, N 129.6FT, S 88 DEG W 100FT, S Folio No. 00054600003 Project No. 64000 Account No. 39 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex,e.~_.ut~n and recording of_.[_t!3is Satisfaction of Lien, by action of the Board this ,==.J_.~ day of ~-b~u~Y~ ,1999. ATTE,~:,;~" >:'... BOARD OF COUNTY COMMISSIONERS ~~'~~'''~H~OCK' Clerk COLLIEs~/~OT~~~ <,andlegal sufficienc_._. This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440880 OR: 2518 PG: 0048 *** R"CORDBD in OffICIAL RBCORDS of COLLIBR COUIlTI, FL 03/01/1999 al; 1Z:31PI( DWIGR? B. BE0Cl, CLBE[ aC f~! 6.00 COPISS 1.00 Retn: CLBRK TO THB BOARD IHTBROFFICR 4TH FLOOR 1240 FEB 2 3 999 Property Folio No: 00759120008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stephen D King 2184 55 Terr SW Apt#A Naples FL 33999 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 16 51 27 NE1/4 OF SWl/4 OF NWl/4 OF NEll4 2 1/2 AC OR 1585 PG 1560 Folio No. 00759120008 Project No. 64000 Account No. 2943 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording o~~Satisfaction of Lien, by action of the Board this ~:~ day of , 1999. ," DV~/I~~BI~C,K, Clerk :~ltte~t;,as to cnalraa, .,s, tgnature on15,..:, ,,;~:', · , :;,,, ,,,.; .., ~,,, "Approved as-~to form ' a~d le~di~.s~'~ciency BOARD OF COUNTY COMMISSIONERS COLLIE~COUN~, F_.L?.R, IDA,/ This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440881 OR: 2518 PG: 0049 *** RBCORDBD J.n OFFICIAL RBCORDS of COLLIBR COUN?Y, FL 03/01/1999 at; 12:31PH DfflGH~ S. BROCK, CLRRK ~C FBB 6,00 COPIBS 1.00 Retn: CLBRK TO ?HB BOARD IHTRRGFFICB &fH FLOOR 7240 FEI} 2 3 1999 Property Folio No: 28930520001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rebecca Mc Corkle Evans 4259 22nd Ave SW# 53 Big 1013 Naples FL 33999 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COURTYARDS OF GOLDEN GATE, THE (CONDO) BLDG 1013 UNIT 53, AKA TARA WOODS OR 1581 PG 2013 Folio No. 28930520001 Project No. 64000 Account No. 5238 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this~Satisfaction of Lien, by action of the Board this ~:,~P day of ~- ~'~ ' 1999. '~' ATTEST: ' Attests'as to ChaPman's -:., signature '.- Approved as to,~¢orm ~"~, and legal sufficiency BOARD OF COUNTY COMMISSIONERS By -~.-u.~ PA~/IELA S. MAc'~,IE, ~HA~RWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 29555010801 2440882 OR: 2518 PG: 0050 *** R~C FB! 6.00 1.00 Retn: 3 1999 IN?=RO~PIC! ~TH ~LOOR 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Manfred & Karin Luszas 26522 Southern Pines Dr Bonita Springs FL 33923 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CROWN POINTE EAST LOT 94 OR 1716 PG 71 Folio No. 29555010801 Project No. 64000 Account No. 5487 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~P-- day of ~.~c~,, ,1999. ATTEST:, · 'and legal sufficiency BOARD OF COUNTY COMMISSIONERS PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440883 OR: 2518 PG: 0051 RNCORDBI) in O~IClAt RECORDS of COI, LIER COUN?Y, 03/01/1999 at 12:31PM DWIGHT B. BROCK, CLERK R~C ~i ~.00 COPINS 1.oo Retn: CLERK TO TH! BOARl) EX? 7240 FEB 2 3 1999 Property Folio No: 35755880003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: John G & Heather R Mc Arthur 4348 19TH PL SW Naples FL 33999 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 33 LOT 11 OR 1349 PG 298 Folio No. 35755880003 Project No. 64000 Account No. 6758 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~-~'~ day of -~u,~ ,1999. o ,ATTEST:' ,. .-DWIGHT, E. BROCK, Clerk ,~, ~ ~ f----,.~/. /"'" ~;' I'= "~ , lttest'"a~to' Ch~{rman' s Approved as to~;~orm and legal*sufficiency ~, BOARD OF COUNTY COMMISSIONERS COLLIEP~OUNT~_, FJ.j3~,IPA , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440884 OR: 2518 PG: 0052 ~BCO~D~D tn O~HClAL RBCO~DS o[ COLLI~E COONH, 8SC fSI ~.00 COPISS 1,00 Re~n: XNTBRO**XC! 4TH ,LOO, FEB2 3 J999 SIT 7240 Property Folio No: 36231880005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steven Lulich % Pelican Gulf Assoc 5001 N Tamiami TR Suite 1 Naples FL 33940 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred and Thirteen Dollars and Eleven Cents ($313.11) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 5 BLK 153 LOT 36 OR 1401 PG 219 Folio No. 36231880005 Project No. 64000 Account No. 828o Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of "~¢..,,~ , 1999. ' ' ATTEST: , Clerk Attest as to'Cha.tman's ~tqnat,r¢, n.aIy. ,~ ..... Approved as toi~orm %,, and;legal sufficiency : BOARD OF COUNTY COMMISSIONERS COLLIE~OUN'I~, F.J..~tI,DA , / This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440885 OR: 2518 PG: 0053 RBCORDRD ~n OFFICIAL RBCORI)S oE COLLIH COURT~, FL 03/01/1999 at, 12:31P!! DiIIGHT S, BROCK, CLBRK letn: CLBRK TO TBS BOARD INTBROFFICB 47H FLOOR IX? 7240 COPIB9 1.00 FEB 2 3 1999 Property Folio No: 36241800004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Robert F Hunsbusher & Karen T Hunsbusher 2090 51st Terr S W Naples, FI 339990000 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 5 BLK 167 LOT 25 OR 1471 PG 957 Folio No. 36241800004 Project No. 64000 Account No. 8594 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of thi§' .Satisfaction of Lien, by action of the Board this ~ day of "~-~ ~,-,.. ' 1999. -/ 'i..,DWI~~BROCK, Clerk Attest' as rtO Chatman's signature only." Approved 'as to,form, '"and~. legal'sufficiency ' BOARD OF COUNTY COMMISSIONERS COLLIERC,,OUNTY, FLORIDA , This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440886 OR: 2518 PG: 0054 RBCORDBD in OFFICIAL RRCORDS 0i COLLIBR C0U~?Y, FL 03/01/~999 at 12:31Pa D#IGHT S. BROCK, CLBRK RBC ES! 6,00 COPIES i,O0 Rein: INTIROFFIC! lTH FLOOR Property Folio No: 36960480103 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Paul J & Donna L Campo 2201 Unity Way Naples FL 339620000 The Lien was recorded on the 14t" day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty -Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: OLDEN GATE EST UNIT 8 S 165FT OF TR 9 OR 1421 PG 1945 Folio No. 36960480103 Project No. 64000 Account No. 10786 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex~,.,~_ut!o_n and recording of this Satisfaction of Lien, by action of the Board this ,.;_j. Sw.-, day of '~L"~-~, ,1999. ATTEST: .? ?WI'(~I~/E-~RO~CK, Clerk .... Attest t0,,Chairaan's ", ' 'ApProved, as'to'form ~,~and legal sufficiency . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAI~ELA S~-M,E.(?K>I'E, ChA"~/O'3~AN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440887 OR: 2518 PG: 0055 *** RRCORDBD ~[n OFFIClAt R~COI~S o[ COLLIER COUR?¥, FL 03/01/1999 at 12:31PH DfflGHT B, BROCK, CLBH R~C FBB 6,00 Retn: CLBRK TO ?HB BOARD IRTBROFFICB&TH FLOOR 7240 COPIBS 1.00 FEB 2 3 999 Property Folio No: 37168160004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James M Dagata JR 711 1 ST ST SW Naples FL 33999 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of one Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 12 S 75 FT OF N 150 FT OF TR 108 OR 1515 PG 400 Folio No. 37168160004 Project No. 64000 Account No. 11277 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of thi~ Satisfaction of Lien, by action of the Board this ~-~ day of "~~,.~.~ ,1999. ,.,DWIG~T~,R.. ~)CK, Clerk 2' Attest. as: to Ctl~trman s . .., ..Approved as to~fo~ ': '~.,. and legal sufficiency BOARD OF COUNTY COMMISSIONERS By ~' PAMELA S. MAC'~IE, ~"AfRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2440888 OR: 2518 PG: 0056 *** R~CORD~B in O~IClAL R~CORDS of CO~I~R COUNfY, ~ 03/01/1}9~ ~t I{:31~M DWIGHY B, BROCK, CLBRK RNC FB! 6.00 1.00 Retn: 3 B99 BX~ 7240 Property Folio No: 37490840005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Donald E & Doris K Walters 1380 Wilson Blvd Naples FL 33999 The Lien was recorded on the 14t" day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 18 S 75FT OF N 180FT OF TR 10 OR 1328 PG 2328 Folio No. 37490840005 Project No. 64000 Account No. 11730 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of %~_tof ~ , 1999. ATrEST: , ,, . DWIGI-~-~.~BR_OCK, Clerk ' '!i: me's{: as',to, Cha'fi~an' s ~ slgnatur~ only;.,,-, ",. Approv'od as to'form ~ i.and legal s ,ffimency BOARD OF COUNTY COMMISSIONERS By ~ /~ PAMELA S. MAc'KIE, ~HA/IRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2440889 OR: 2518 PG: 0057 RlC0RI)RD tl~ O~ICI~ ~CORD~ of COL~I~ C0~f~, ~C ~ ~.00 Retn: CLRRK TO THB BOARD I#?BROFFIC! 4TH FLOOR COPIN 1.00 FEB 2 3 999 Property Folio No: 37984520006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dennis & Karen Krum SR 3450 15TH Ave SW Naples FL 33964 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 27 E 75FT OF TR 53 OR 616 PG 1816 Folio No. 37984520006 Project No. 64000 Account No. 12412 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of thi,~ Satisfaction of Lien, by action of the Board this ,_~_Yo day of · ..' 1999. .i' ~nd. legal sufficiency ATTEST,; ,, ' ,DWIGH~BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER~OUNT~., FL_..O.R.I,DA ,/ This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440890 OR: 2518 PG: 0058 *** RBCORDBD in OFFICIAl, RlCORDH of COLLIRR COSHTY, FL 03/01/1999 a~ ~Z:31P~ DWZGHT B, BROCK, CLBRK uc FBS 6.00 COFISS 1,00 Re~: cml BouD FEB 2 3 1999 Property Folio No: 38225520007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael C Leonard 5935 24TH Ave SW Naples FL 33999 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of one Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GGATE EST UNIT 31 E 75FT OF W 150FT OF TR 66 OR 1336 PG 25 Folio No. 38225520007 Project No. 64000 Account No. 13152 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ~:)f~x.~.~ ,1999. A'I'T. EST;~ . ?DWIGH~ROCK, Clerk ' signature, onl.y.~:., ,. Approved as to'form . .and legal sufficmency BOARD OF COUNTY COMMISSIONERS ey · PAMELA S. MAC'KIE, ~HA(RWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2440891 OR: 2518 PG: 0059 RBCORDRD tn OFFICIAL RICORDS o[ COLLIRR COUR?Y, FL 03/01/1909 at 12:31PJ( DUIGHT i. BROCK, CLBR[ RBC EBB 6.00 COPIS8 1.00 Retn: CLBRK TO TllB BOARD IRTRROFFICR &?H FLOOR RXT 7240 FEB 2 3 1999 Property Folio No: 38226400003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: O B & Jeanne Osceola 5870 20TH Ave SW Naples FL 33999 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 31 W180FT OF TR 76 OR 934 PG 748 Folio No. 38226400003 Project No. 64000 Account No. 13165 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex~4::ution and recording of this Satisfaction of Lien, by action of the Board this ~.~ day of ~"~ ~c~,~r,~ ,1999. ATTES~.~ , ~, ', BOARD OF COUNTY COMMISSIONERS · , .*. ~ DWIGHTrfi, xBR, OCK, Clerk COLLIER C_~UNTY, FLORIDA .. ; it-'~s't'as'"t;o~ Chai~an'$ PAMELA S. MAC'K~E, CHAIRWOMAN .- s.!gnagure onl$',':~, ';, ApP~'oved as 't0"f6rm and legal safficienCy This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 244089 OR: 2518 ?G: 0060 RBCORDBD tn OFFICIAL IBCORDH of COLLIBR COUNTY, FL RBC FB! 6,00 COPIBS 1,00 Retn: CLHRK TO ?HI BOARD IHTRROFFIC! 47H FLOOR FEB2 3 1999 7240 Property Folio No: 40628680008 SATISFACTION OF LIEN ' KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Erik Dyer 4371 18TH Ave SW# B Naples FL 33999-5909 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 76 W 75FT OF E 180FT OF TR 121 OR 1592 PG 1972 Folio No. 40628680008 Project No. 64000 Account No. 14313 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of t~3js Satisfaction of Lien, by action of the Board this ~.~"~ day of ~,-~_.~'~ ~c~,~ ,1999. ATTEST:, DWIGH,'I' ~B.,~OCK, Clerk Attest as.to Chat~an's ~ ~, ~ I ~,1~ ' ~., 'Approved as tO torm ',and legal sufficiency BOARD OF COUNTY COMMISSIONERS This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLRRK TO THB BOARD INTBROFFICB 4TH FLOOR SXT 1240 COPIlS 1.00 FEB 2 3 1999 Property Folio No: 41612280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Elena Delgado 3521 36TH Ave SE Naples FL 33964 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 92 E 75FT OF W 180FT OF TR 24 OR 1504 PG 2147 Folio No. 41612280002 Project No. 64000 Account No. 14766 Collier County, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County., Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this c=~]~o day of '~(u~l/ , 1999. 'ATT. EST/: : ..? DWIGH" OCK, Clerk At'est 'as to Cica tr~an' s Approved as to form' and legal sufficiencY/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2440894 OR: 2518 PG: 0062 RKCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/01/1999 at 12:31Pl[ D¥IGHT 9. BROCK, CLBRK RBC FBB 6.00 Beth: CLBRK TO THB BOARD IHTBROFFICB 4TH FLOOR SZT 7240 COPIES 1.00 FEB 2 3 1999 Property Folio No: 41831000005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael L. Garvin 4970 7TH Ave NW Naples FL 33999 The Lien was recorded on the 14m day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 95 W 75FT OF E 150FT OF TR 107 OR 1783 PG 440 Folio No. 41831000005 Project No. 64000 Account No. 14915 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe.q.gtion and recording of this Satisfaction of Lien, by action of the Board this ~_~)~ day of '~1' _~.~ , 1999. A I I EST:/. /'DWIGH~P~CtK, Clerk Attest as to Chairman's ' sfgnature only_., ,, Approved as to form ~'arld legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER GOUNTY, FLORIDA This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440895 OR: 2518 PG: 0063 RBCO~RD in O~ICI~I, R~CQIlDS Of COLLISR COIJlIT¥, 03/01/1999 at 12:31P# D#IGHT ~. BROCK, CLERK Retn: CLERI[ ?0 TB 60ARI) I#TERO~IC~t &TH FLOOE 1240 BEC FEE 6.00 COPIES l.OO FEB 2 3 1999 Property Folio No: 45909400009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rosemarie & Thomas H Grandy 1480 19TH ST SW Naples FL 33999 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of one Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 194 N. 75FT OF S 180FT OF TR 91 OR 1829 PG 2216 Folio No. 45909400009 Project No. 64000 Account No. 15383 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of 'X~Z~VON' ,1999. ATTE§Y: :i:DWiG FI~B,R(~, Clerk 71t es% as to Ch-a man's ' Approved as to'.form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIE This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440896 OR: 2518 PG: 0064 RBCORDRD ~Ln O~FICIAL R~CORDIt o[ COLLIBR COUNTY, FL 03/01/1999 at. 12:31~ DIIXGH? B. BROCK, CLBRK RBC ~SB 6.00 Retn: CLBRK TO THB BOARD XNTBROFFICB 4TH FLOOR 7240 1.00 FEB 2 3 f999 Property Folio No: 56866000007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alojzije & Josephine Zic 4434 Saxon DR New Smyrna Bch FL 32069 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 3 BLK 94 LOT 24 OR 1526 PG 1324 Folio No. 56866000007 Project No. 64000 Account No. 18403 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of thi~ Satisfaction of Lien, by action of the Board this ~ day of -'~ ~C:)Y~. /' 1999. ATTES,T~ 'DWIGHT~B'ROCK, Clerk At.st~ as to Chatr~a'$ Approved as to 'fc~rm 'and legal sufficiency cou.w couu,ss,o. .s PAI~IELA S. MAC'KIE, (~HA(RWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440897 OR: 2518 PG: 0065 *** R~CORD~D ~n O~ICIAL R~CORDS o[ COLLI~ COUN~I, ~L ~OP~S 1.00 Rata: CLSU YO YHS hOARD FEB 2 3 1999 Sir 7240 Property Folio No: 56932680005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Donald B Loetz 3566 Centinela VE Los Angeles CA 90066 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 4 BLK 117 LOT 5 OR 1363 PG 438 Folio No. 56932680005 Project No. 64000 Account No. 18458 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this. i.i.~atisfaction of Lien, by action of the Board this ~--~'dO day of ¥~_~:::~¥ , 1999. ATTEST: ,,DW,GH~RC~CI. erk "' At'st' as ;co Cha'.~rman's :: sig~atur~ onlY., .... . .... Approved as t6 :form '".~', and legal su~clency BOARD O/1~ COUNTY COMMIS§I~NERS COLLI,~~~~~~Y~ By ' / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2a, A0898 OR: 2518 PG: 0066 *** R~CORDBD tn O~FICIAL RBCORDS o[ COLLIS~ C0UNTI, FL 03/01/1999 at 12:31P~ D~IG~ ~, BROC[, CLBH abc ~ll 6.00 Rain: CLRR[ TO ?HB BOARD IIlTSROFFIC! 4fH FLOOR 1240 1.00 FEB 2 3 1999 Property Folio No: 60181480000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jesus Ayala Andres De La Rosa JR 218 N 3RD ST Immokalee FL 33934 The Lien was recorded on the 14"~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, 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 Thirteen Dollars and Forty-Four Cents ($213.44) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MILLERS PARK BLK 3 LOTS 5 + 6 OR 1313 PG 711 Folio No. 60181480000 Project No. 64000 Account No. 19486 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of t~.~;~(¼t~,Satisfaction of Lie~, 1999.bY action of the Board this ..~ro_. day of ATTESTt ' BOARD OF COUNTY COMMISSIONERS ,., DW~GH~R{ ~CK. Clerk COLLIEI~OUNTY, FLORIDA '.* ,., ... Attest as to :'Cha h, an s PAMELA S. MAC'KIE,'CI-IAIR~OMAN ':~,, ~*~7; and legal suffici*ency This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440899 OR: 2518 PG: 0067 *** RI~CORD~D in O~FICIAL Ri~CORDS O~ COLLIIR COIIliTL FL 03/01/1999 al: 1Z:31PK DWIGHT B. BROC[, CLBRK UC ~Si 6,00 Retn: CLBRK TO ?BI BOARD I#TBROFFICR 4TH FLOOR BIT ?240 1.00 Property Folio No: 61831040003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael J Puleo 1004 Oak Forest DR Naples FL 33942 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES GROVE & TK CO LITTLE FARMS UNREC'D LT 9 OAK FOREST VILLAS (HO) AS DESC IN OR 1149 PG 1539, OR 1244 PG 1407 Folio No. 61831040003 Project No. 64000 Account No. 20077 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex~tion and recording of this Satisfaction of Lien, by action of the Board this o[-~O day of '~o_¥)t~/ ,1999. A'I-I'EsT: ~ -,.Attest as to the{man' ~ signature onl v_ . ., ~.. ~Approvecr(as~m form C and legal'sufficiency BOARD OF COUNTY COMMISSIONERS C By ! ........ ~ / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440900 OR: 2518 PG: 0068 *** RBCOROID In OFFICIAl, R~CORD$ o[ COLLIBR COI]#TY, FI, 03/01/1999 at: 12:31Pi( DIilGHT B. BROCK, CLERK RRC FBB 6,00 Retn: CLBRK TO THB BOARD IRTBROUICR 4TH FLOOR COPIBS l.O0 Property Folio No: 61833160004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Terrace Park Village Inc 2761 Terrace Ave Naples FL 33942 The Lien was recorded on the 14~h day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: E 1/2 OF TRACT 27 LESS SOUTH 30' FOR RWAND LESS TERRACE PK VILLAGE OR 1439 PG 1849 AND LESS 120' X 120' DESC IN OB PG 277 AND LESS PARCEL 27.9 Folio No. 61833160004 Project No. 64000 Account No. 20116 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex,~9,u_.ti_.o_n and recording of this Satisfaction of Lien, by action of the Board this '_~..~u day of '~'V,~ ~( , 1999. ,~ATTEST~.. /, '" DWlGHT--F~ BRocK .,, , Clerk ,- Attest as to Chatman's ,.' ,s~cinat.~m~ n:~lv.~ ",; ~'APproved as t~ form and .legal su~ciency BOARD OF COUNTY COMMISSIONERS COLLIER~J;~)UNTY, FLORIDA PAMELA S. MAC'KIE, CHA{RWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440901 OR: 2518 PG: 0069 *** RICORDSD in O~IClAL 8SCORDS Of COLLIER COU#~Y, ~L 03/01/1999 ak 12:31~# D¥IGH? R. BROC[, CLBR[ RBC ~S! 5.00 COMSS 1.00 Ret, n: CLERK TO Till BOARD HTSRO. CS 47H FLOOR FEB2 1999 Property Folio No: 62104000009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mary FLores Esteban Paita 5413 Catt St Naples FL 33962 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 14 LOTS 33 + 34 OR 1316 PG 1946 Folio No. 62104000009 Project No. 64000 Account No. 20776 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe~ution and recording of this~Satisfaction of Lien, by action of the Board this ,~33~ day of "~ ~i;~xl:~ ,1999. - O ATTES~:j ' ~' '/DWIGHT~.~CK, Clerk :: /Attest ,as' to Chafrman's ~ "' .q~C/n~,,~,./, r~!'~ ~0' , '~'~. Ap~r°ved aS t0 Jorm 'and legal ~iency BOARD OF COUNTY COMMISSIONERS COLLIER QQUNTY, FLORIDA. This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 RICORHD in OFFICIAL HHCORBS o[ COLlieR CO~N~, ~ COPISS 1,00 Retn: CLSRR TO THB BOARD I#TSROFFICB4TH FLOOR 7240 FEB 2 3 1999 Property Folio No: 62700480007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Raymond E Whitlock 939 92ND Ave N Naples FL 33963 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 4 BLK 43 LOT 39 OR 1099 PG 464 Folio No. 62700480007 Project No. 64000 Account No. 22143 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels 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 Countyl Florida, acting through its Chairman, directs ey~e,c_ution and recording of this.~..Satisfaction of Lien, by action of the Board this o~ day of ~m~:~d,%~' ,1999. ATTES¥? ~' ,.~ i DWIGHJ_E. BROCK~ Clerk -:::Attest as to chat man 's.. "..¢' signature on] ~.,Approved as {& form · ~ind legal sufficiency. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440903 OR: 2518 PG: 0071 *** RBCONDBD in OFFICIAL RBCORDS of COLLIBH COUNTY, FL 03/01/1009 at 12:21PH DWIGHT i. BROCK, CLKRK RKC FiB 6.00 Retn: CLSRK TO THB BOARD IN?BROUICB &TH FLOOR COMBS 1,00 FEB 2 3 1999 Property Folio No: 62784280003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anthony & Carol Ann Rizzolo 719 100TH Ave N Naples FL 33963 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 70 LOT 21 OR 1151 PG 1145 Folio No. 62784280003 Project No. 64000 Account No. 22567 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _,~_'~ day of ~'~o(,,xe,,v ,1999. 'ATTEST: ' 'Attest as to Cha'~r~an's slgna'tu~e oni,y. ' Approved as to'form ,,', and legal sufficiency BOARD OF COUNTY COMMISSIONERS ,/ This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440904 OR: 2518 PG: 0072 *** RBCORDRD in OFFICIAL RBCORDS oK COLLXBR COUNTY, FL 03/01/1999 et, 12:311)!f MiIGH? B, BROCK, CLBRK Retn: CLBRK TO THB BOARD INTRRD~FX¢! 4TH FLOOR RBC FBI 6.00 COPIBS l.O0 FEB 2 3 1999 Property Folio No: 63455840001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David & Natalie L Mercer 2335 Antique Oaks Cir ~f69 Winter Park FL 32372 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1ST ADD BLK 16 LOT 18 OR 1313 PG 1649 Folio No. 63455840001 Project No. 64000 Account No. 23155 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of thi_[,is~atisfaction of Lien, by action of the Board this ~day of -'"'r-t~c),t~, ,1999. - '0 :: Attest as to Chairman's '" ' o":for ~.~ Approved as t m and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER_~UNTY~FLO,,0~D~A , / This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2 40905 OR: 25 8 PG: 0073 03/01/1999 at 12:31PN DNIG~? B. B~OCE, CL~R~ RSC ~B! &.O0 COPISS 1.00 Retn: FEB 2 3 1999 BXT 7240 Property Folio No: 63853680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alma R Santiago 920 W Jefferson Ave Immokalee FL 33934 The Lien was recorded on the 14"~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET BLK 12 LOT 11 OR 1702 PG 2012 Folio No. 63853680009 Project No. 64000 Account No. 23388 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this~Satisfaction of Lien, by action of the Board this ~.~ day of '~_'~ ~..~' 1999. ATTEST:... ., signature '<, Approved as to, form 'and lega! sufficiency BOARD OF COUNTY COMMISSIONERS By r ~ PAMELA S. MAC'KIE, C~A~P, WOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 RBCORDSD in OFFICIAL RBCORDS of CULLIBR COUNTY, FL 03/Ot/tS99 at tz:31ea DWIGHT B. BROCK, CLARK RiO FSB 6.00 COFIBS 1.00 Beth: CLBRK TO THe BOARD FEB 2 3 1999 IHTBROFFICB 4TH FLOUR Property Folio No: 63865840002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mada Zepeda P O Box 731 Immokalee FL 33934 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET BLK 52 LOTS 15- 20 OR 999 PG 1089 Folio No. 63865840002 Project No. 64000 Account No. 23582 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex..e,c_ution and recording of this~Satisfaction of Lien, by action of the Board this ~],~/O day of '~r-~.~x~v- ,1999. .,.ATTEST: ~"/' ~ , DWIG HT~RPCr~K..kClerk ~s,Lqnature ~)nl_~,.. '., ' ,,, Approvea as~o m~ .' and leg:al'Sufficiency BOARD OF COUNTY COMMISSIONERS z PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440907 OR: 2518 PG: 0075 *** P~CORI}~D ill OrifICIAL l~COltO$ of: COLl, I~lt COgll~, N, 03/01/1999 at 12:31P# DIIGH! ~. BROCK, CL~R[ linc t~S! 6,00 Retn: CLBR[ TO THE BOARD I#T~ROFFICB &TH FLOOR COPIBS 1.00 FEB 2 3 1999 Property Folio No: 64260480008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Donna M Anderson 1139 Frank Whitman Blvd Naples FL 33940 The Lien was recorded on the 14m day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N NAPLES HIGHLANDS BLK C LOT 13 OR 1292 PG 946 Folio No. 64260480008 Project No. 64000 Account No. 23650 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~___~o day of ~-~o..~v' ,1999. ,',,ATTEST. ' /' DWIGHt.,. BR~C,~K, Clerk '- :'~ Attest as to, "r',stnna$"m~':only;': . ' ~/:ApP~oved as t0 fo~ and legai~'~ufficiency BOARD OF COUNTY COMMISSIONERS COLLIER./G~OU NTY, FLORIDA pA[VIELA S. MAc ~,iE, (~HA~RVV~MAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2 0908 OR: 2518 PG: 00 6 03/01/1999 a~ 12:31PH DU~GH~ B. BROCK, CLSRK RBC FBE 6.00 Retn: CLBR[ TO THR BOARD IIiTiROFFIC! 4TH FLOOR BIT 7240 COPIES 1.00 FEB 2 3 1999 Property Folio No: 64920680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Charles E Rice Graciela C Gonzalez 1609 Lake Trafford Rd Immokalee FL 33934 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM EST LOT 8 OR 1468 PG 1838 Folio No. 64920680009 Project No. 64000 Account No. 23799 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _..~b day of '~v~,~ , 1999. .... A test as"to .. /"' ¢:'{r"'3'~"1',~,,.?, ~,~,,~l ,.~ ' ~.,., Approved as tO, form '.. ~.~'and legal, sufficiency' ATTES¥:,/ BOARD OF COUNTY COMMISSIONERS "DwIGI~T'~~L.~erk COLLIER~N~F~~ / '~... By ! ........ PAME~ S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440909 OR: 2518 PG: 00'/'/ xxx RECORDED tn OFFICIAL RECORDS oK COLLIER COOETY, JL RSC FRS 6.00 CO,lBS 1,00 Retn: CLERK ?0 THE BOARD INTEROFFICE 4TH FLOOR Ri? ?240 FEB 2 3 1999 Property Folio No: 65070560007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rosalio & Juanita Aguayo 5k6 Palmetto Ave Immokalee FL 33934 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, 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 Thirteen Dollars and Forty-Four Cents ($213.44) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALMETTO PARK BLK 1 LOT 14 OR 789 PG 1903 Folio No. 65070560007 Project No. 64000 Account No. 23812 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this. j~Satisfaction of Lien, by action of the Board this ~.~ day of "~- ~:)~v~' 1999. -',~EST: DWIGHT~BRO...CK., Clerk '~ltt~e~t as t0' Chafnuan'S Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER C...6~UNTY, FLORIDA This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440910 OR: 2518 PG: 0078 **: I~CORD~D in OFFICIAl, ~CORD9 of COLLIH COUNTY, FL 03/01/1999 at 12:31FN O¥IGIlT !, BROCi[, CLRRI[ Ri¢ Fi! ~.00 Retn: CLBRK TO ?HI BOARD INT~ROHIC! 47H FLOOR COFIlS 1.00 FEB 2 3 1999 Property Folio No: 65223040002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Henry C & Judith A Dugan 260 Sharwood DR Naples FL 33942 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIVER EST UNIT 1 LOT 76 OR 1090 PG 948 Folio No. 65223040002 Project No. 64000 Account No. 24138 Collier County, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs e~.~.uti_on and recording of ~ Satisfaction of Lien, by action of the Board this ~ day of ¥~o~,,a,~' ,1999. - :ATTEST.'; ,i.. ' DWIGH"~ROCK, Clerk ':Attest as. to Chalmaan's ,, "'~.: APproved as t°: form .,. and legal sufficienq¥ BOARD OF COUNTY COMMISSIONERS COLLIEF~'0OUNT~, FI-P~IDA , / PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440911 OR: 2518 ?G: UU'/9 RR¢ORDRD in OFFICIAL RBCORDS of ¢OLLIRR COUNTY, FL 03/01/1999 at 12:31P# D#IGHT i. BBOCR, CLBRK BBC ~Bi 6.00 COMBS 1.00 Retn: CLKR[ fO ?B! BOARD FEB 2 3 1999 IHTIRoHIC! 4TH FLOOR BX? ?240 Property Folio No: 65470840000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Henry C & Judith A Dugan 260 Sharwood DR Naples FL 33942 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIVER EST UNIT 7 BLK A LOT 21 OR 1320 PG 1786 Folio No. 65470840000 Project No. 64000 Account No. 24248 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exp.~u.t~n and recording of th_is_~Satisfaction of Lien, by action of the Board this ~3~u day of ~..~ / ,1999. ATTEST: ' '.~-~ ~,: BOARD OF COUNTY COMMISSIONERS COLLI[ PAMELA S. MAC'KIE, CHAIRWOMAN "?:Attest aS to Cha!'man'$ signature,, on I g. '.. ApprOVed as ~o mrm and legal sufficiency This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440912 OR: 2518 PG: 0080 *** RBCORDRD in OFFICIAL RSCORD8 o[ COLLIBR COUNTY, FL o3/o1/1999 at: 12:31P# D#IGHT B. BROCK, CLKRK aRC ~ll 6.00 Retn: CLBRK TO ?HR BOARD I#TBROFFICB 47H FLOOR COPIRS 1,00 FEB 2 3 1999 Property Folio No: 68341600004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Francisco & Paula Obregon 42 Moon Bay St Naples FL 33961 The Lien was recorded on the 14m day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PORT AU PRINCE LT 42 OR 975 PG 692 Folio No. 68341600004 Project No. 64000 Account No. 25564 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exec~.tion and recording of this~Satisfaction of Lien, by action of the Board this .==J.~D day of ~---~c~>,/ ,1999. ATTEST: .,' WIGH O....CK., Clerk ' .Attest as to .Approved aS to'form' and legal suffiCiency, BOARD OF COUNTY COMMISSIONERS COLLIER_.~i)UNTY.~ FLO,~R~.,ID~A ,/ PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440913 OR: 2518 PG: 0081 *** RECORDBD In OP~IClAL ~CORDS o[ COU. IER CO~NT~, ~L 0:}/01/1999 at 12:IlPH DfflGHY B. BROCK, CLBRK Retn: CLBR[ TO ?HE BOARD XNTBROFFICB 47H FLOOR KIT 7240 EEC FEE 6.00 COPIES 1.00 FEB 2 3 1999 Property Folio No: 68643680007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David A Quibell STE 714-20ARJ Center 895 - Don Mills Rd Don Mills Rd Toronto CANADA M3C 1W3 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: QUAIL CREEK UNIT 2 BLK X LOT 13 OR 1274 PG 1033 Folio No. 68643680007 Project No. 64000 Account No. 25713 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _,_~m, day of ATTEST.: .. BOARD OF COUNTY COMMISSIONERS DWIGH~FE~CK,: Clerk COLLIE~UNTY~ FL..~O~R~I/DA Attest' as :to Cha{ma $ - AN signature only. '~.~. Approved as to'form "and legal sufficiency This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 24 ,0914 OR: 2518 PG: 0082 RICORDBD in OFFICIAL RBCORDS 0[ COLLIBR COURTY, FL 03/01/1909 at 12:31P# D#IGHT B. BROCK, CLBRK BBC FRB 6.00 Retn: CLBRK ?O THR BOARD I#TSROFFICB &~H FLOOR BIT 7240 COPISS 1.00 FEB 2 3 1999 Property Folio No: 71271560007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William Stanley Sammons 38 Royal Cove Dr Naples FL 33963 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROYAL COVE LOT 38 OR 1980 PG 1230 Folio No. 71271560007 Project No. 64000 Account No. 26437 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex.e,.cution and recording of tbis~Satisfaction of Lien, by action of the Board this ~f~'a:~ day of ~ ~°t~A~y ,1999. ,ATTEST:: '" ..... DWlGHT~BROCK, Clerk 8ttest as to atma'$ ':: :-. ? ~~~d~ ~0 form`` 'and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER/,C,)OUN~ FL._O?.ID, A ,/ PAMELA S. MAC'KIE, CHARWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440915 OR: 2518 PG: 0083 *** RBCORDBD In OFFICII~,L RBCORDS of COLLIRR COUNTY, FL HC FBI 6,00 Rein: CLiRI TO THB BOARD [R?IROFFIC! 47H FLOOR 7240 COMBS 1.00 FFB 2 3 1999 Property Folio No: 73180520000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bladomero & Anita Arreguin P O Box 2569 Immokalee FL 33934 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEMINOLE BLK A LOT 25 OR 1803 PG 1205 Folio No. 73180520000 Project No. 64000 Account No. 26754 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe~c, cu, t~n and recording of th.h~ ,Satisfaction of Lien, by action of the Board this o/._~~ day of ~-~.-~.Y'J(u~pr~ , 1999. · DWIGHT~ROr~CKt Clerk :.: .':'Attest as to Ctialraan'$ .... . .S.!gnal;ut~e only.'..,,..,:; :.,"::,'-.,..~ Approved as to form "".and legal sufficiency ~ BOARD OF COUNTY COMMISSIONERS COLLIER.,C~OUNTY, FLORIDA PAMELA S. MAC'KIE, (~HA~RWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440916 OR: 2518 PG: 0084 RlCORD~D in OFFICIAL RIgORDS o[ ¢OLLIgR 03/01/1995 at; 12:31Ell I)~flGII? i. 8ROC[~ CLgRK REC FEE ~,oo Retn: CLBRK TO THE BOARD COPIES 1.00 FEB 2 3 1999 Property Folio No: 81731000000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rafael Santos & Delia Santos 3319 Thomasson Dr Naples, FI 339620000 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, 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 Eight Dollars and Seventy Four Cents ($208.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: WHISPERING PINES BLK B LOT 9 OR 1752 PG 603 Folio No. 81731000000 Project No. 64000 Account No. 28600 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this~atisfaction of Lien, by action of the Board this :==~ day of "~ ~.~C~(~:~v' ,1999. ATTEST:,. DWIGH'F,~E, BROCK, Clerk .:'.. At~t-~t' as'to Chairman's -, slgnatur'e onl.y. '" ~. Approved as to form :~, and legal sufficiency BOARD OF COUNTY COMMISSIONERS PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Retn: CLBRK ?O THB BOARD IHTSROFFICi &TH fLOOR SiT 7240 RIC FB! 6.00 COPIKS 1.00 FEB 2 3 1999 Property Folio No. 00055760007 SATISFACTION OF LIEN · KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jaime & Beverly F Frias 1013 Raulerson Rd Immokalee FL 33934 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Eight Dollars and Four Cents ($80.04) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 CHRISTIAN ACRES UNRECORDED LOT 5 DESC AS: COMM AT THE INTERSECTION OF E LINE OF W 1/2 OF NE 1/4 OF SE 1/4 & THE S RNV LINE OF STATE ROAD # Folio No. 00055760007 Project No. 64001 Account No. 39 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of t_thi~ Satisfaction of Lien, by action of the Board thisc~ day of -¥~.~,~ ' 1999. . ATTE~: ,i, ' BOARD OF COUNTY COMMISSIONERS ,DWIGH'I:~'~.'~BROCK, Clerk COLLIER COUNTY, FLORIDA Attest ,as t~o Chatrman*.$ '. : PAMELA S. MAC'KIE, CHAIRWOMAN signature on15,:,' '~:'.,ApproVed as to form :'. ~ -·. and legal sufficiency This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00420480006 Retn: CLSILI TO ~fltB IHTBROFFI¢S &TH FLOOR lit 12t0 FEB 2 3 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James R & Debra Whittemore 6191 Whitaker Rd Naples FL 33999 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy-Eight Dollars and Twenty-Eight Cents ($78.28) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 16 50 26 Wl/2 OF Wl/2 OF SE1/4 OF NEI/4OF NWl/4 LESS R/W 2.38 AC OR 1128 PG 2307 Folio No. 00420480006 Project No. 64001 Account No. 482 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of t~.S~ls~on of Lie~,1999.bY action of the Board this~_cl::lay of _D. WlGHT.E. BROCK, Clerk Attest as to', cha :~;,~'~'~SV~d 'a~ to form 'and legal sh~Ciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440919 OR: 2518 PG: 0087 RBCORDSD In 0F~IClAL RRCORDS 0[ COLLIItR COUliTY, FL RBC FiB 6,00 Retn: CLBRK TO THB BOARD IHTBROFFICB&TH FLOOR 1240 COPIRS 1.00 FEB 2 3 1999 Property Folio No. 38505640005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nathan L & Mary A Smith 311 39th Ave NE Naples FL 33964 The Lien was recorded on the 14= day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy-Eight Dollars and Twenty-Eight Cents ($78.28) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 36 W 105FT OF TR 72 OR 1680 PG 543 Folio No. 38505640005 Project No. 64001 Account No. 3269 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of~isfaction of Lien, by action of the Board this~i'Pday of . 1999. ATTEST: ~ . .DWIGH~ E~ BROCK, Clerk Attest ,a,~ ~to Cha'f~an's, Approved fas to~.form. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440920 OR: 2518 PG: 0088 RBCO~BD in O~HCIAL RECORDS of COLLIBit COldlY, FL 03/01/199t at 12:3IPH DIIGHT I. BROCK, CLRRK RBC ~BB ~.00 1.00 Rein: CLBRK TO THB BOA~ IHTSROFHCB 4TH FLOR FEB 2 3 1999 Property Folio No. 50891480009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pal Martonosy 1243 10TH Ave N Naples FL 33940 The Lien was recorded on the 14~' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars and Twenty-Eight Cents ($78.28) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: HOLLY TERRACE LOTS 51 + 52 OR 886 PG 1801 Folio No. 50891480009 Project No. 64001 Account No. 4048 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this~atisfaction of Lien, by action of the Board this~day of ,. ~-~_~'~_, , 1999. A'FI'EST~ DWIGHT E, BROCK, Clerk -' 'lttestJ as to Cha'lri '$ . :,:~: stgnai;Ured,.n..l$.. ,,; ·.. ;~.:' Approved as tolform .. ,~::, and legal s ,Ufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, (~HAI~W~MAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 24 0921 OR: 2518 PG: 0089 IICORDRB in OFFICIAL RBCORDS oE COLLIBR COUNYY, FL 02/01/IgOS e~ 12:21PS DWISH! S. BROCK, CLRR[ RBC FBi 6,00 COPINH 1.00 metn: CLm V0 yn so u FEB 2 3 1999 Property Folio No. 53502760002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alvaro Martinez 5117 Perch Place Immokalee FL 33934 The Lien was recorded on the 14"~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty-Three Dollars and Thirty-Six Cents ($53.36) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE TRAFFORD SHORES UNIT 1 BLK D LOT 9 OR 1747 PG 1900 Folio No. 53502760002 Project No. 64001 Account No. 4239 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of th.._h.~.Satisfaction of Lien, by action of the Board this~° day of "'2 A~ESTf~'~.? .~.. ,~ BOARD OF COUN~ COMMISSIONERS ' ..DWIGHT:E~:;.BR~C:Kp ~lerk COLLIER COUNt, FLORIDA · ,. ~t . By: , ,~ ', , . ,'- % '~ , ~- - ,,, · · -.:: Attest 4ts to Chalrn'afl'S. · PAMELA S. MAC'KIE, CHAIRWOMAN .~;, '~gdature'~0nl.y':_ .:, , Approved as to fon~- '. 'and legar~ufficiency This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2440922 OR: 2518 PG: 0090 RECORDBD In OFFICIAL RECORDS of COLLIBR COUNTY, FL 02/01/I999 al~ 12:31PK DMIGHT {. BROCK, CLBRK RFC FiB 6.00 Ret. n: CL{RK TO THR BOARIJ IIITIllO{{IC! &TH FLOOR iX! 12t0 COPIB8 1,00 FEB 2 3 1999 Property Folio No. 82544600007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Antoine G Boumitri Georgette Y Boumitri 237 Erie Dr Naples FL 33942 The Lien was recorded on the 14~. day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty Two Dollars and Ninteen Cents ($52.19) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: WILLOUGHBY ACRES LOT 386 OR 1426 PG 1066 Folio No. 82544600007 Project No. 64001 Account No. 6839 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording this Satisfaction of Lien, by action of the Board this~5.~_, day of ~.v~, .1999. ,~,,.' ~, ,,~ DWI~, BROCK, Clerk ;~j~,; , . G~ ~pro~ ~s-~ for~' ~and I~1: ~suffimency ,j./..~ BOARD OF COUNTY COMMISSIONERS February 23, 1999 Item #16D16 EXECUTION OF THE NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEES BETWEEN WINTERVIEW COURT LTD A FLORIDA LIMITED PARTNERSHIP AND THE BOARD OF COUNTY COMMISSIONERS Page 196 N°- This instrument prepared by: ^ssistan[ Count9 -Attorney Office of the County Attorney 3301 E. Tamiami Trail Naples, Florida 33962 (813)774-8400 2441263 OR: 2518 PG: 0932 RRCORDBD il~ OHICIAL HCORD$ of COLLIRR COUB?t, ~, 03/02/1999 at 08:HAN DWIGHT R. BROCK, CLBRK Retn: CLBRK TO THg BOARD INTHOHICE 47~ ~L00R H? 0BLD 10870.00 OBLI 10870.00 HC H! 28.50 D0C-.35 38.15 COPIES 6.00 FEB 2 3 1999 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES This Agreement made and entered into this :26 Whose mailing address is 4173 Dome s tic day of January _ ,19 ~,by Winterview Court LTD Ave. a Florida Limited Partnership Naples, Fi. 34 104 (hereinafter "Owner") and the Board of County Commissioners of Collier County, Florida acting as the Governing Body of Collier County and the Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter "County"). RECITALS: A. The parties to this Agreement adopt and incorporate into this Agreement by reference the Collier County Regional Water and/or Sewer System Impact Fee Ordinances in there entirety, same being more particularly described as Collier County Ordinance No. 90-86 and No. 90-87, including any amendments thereto, and/or its successor in function. j' B. Owner represents and warrants to the County that he is the record re'title owner of certain lands situated within the Collier County Water-Sewer District (hereinafter "Property"), which have thereon existing Build- ings, structures and/or other improvements, and which are mandated to connect to the Regional water and/or sewer system, said Property more particularly described below: See Exhibit A C. Owner represents and warrants to the County that the party or ~arties identified herein as Owner constitute all persons or entities who are the record owners of the Property. D. Owner acknowledges and agrees that this Property is Water and/or Sewer System Impact Development which has not heretofore paid applicable impact fees to the County, and as such, is subject to the imposition of Water and/or Sewer System Impact Fees (hereinafter "Impact Fees") by the County. 5/23/96-2 OR: 2518 PG: 0933 WITNESSETH: FEB 2 3 {999 NOW THEREFORE in consideration of the above Recitals, the covenants exchanged herein, the County's provision of certain regional utilities service to the Property, the County's consent to allow the extended payment of the Impact Fees in installments over time, the Owner's promise to pay the Impact Fees and all costs associated therewith and other good and valuable consideration exchanged amongst the parties, the parties agree and covenant with each other as follows: 1. The above Recitals are true and correct and are incorporated herein. 2. Owner will pay the subject Impact Fees to the County, together with any title verification expenses, recording fees, and any reasonable estimation of the cost and expense associated with providing an extended payment alternative itemized as follows: Water Impact Fee ................................................ $ Sewer Impact Fee ................................................ $ 10~ 79f~_. f~f~ Accrued Interest on Lien ...................................... $ Title Verification Expenses ...................................$ ~n_ nn Transactional Fees, (recording fees, documentary stamps, etc.) .................................$ 85.15 Extraordinary Administrative Expense associated with providing extended payment alternative ............................................$ *TOTAL DOLLAR AMOUNT FINANCED .......... $ lo: aTn_ no 3. In return for the extended payment alternative that Owner has received, Owner promises to pay to the order of the County the principal sum reflected in Paragraph 2 above as the TOTAL DOLLAR AMOUNT FINANCED with interest on the unpaid principal balance from the beginning of the second full month following the date of this Agreement. The interest charged shall be adjusted during January of any calendar year and shall be based on the County's cost of funds for the immediately proceeding fiscal year. 4. Owner covenants to make monthly payments at any address or location designated by the County beginning with the second full month following the date of this Agreement in the amount of $ 155.79 ...... and a like amount payable each and every month thereafter over a seven (7) year period, the end of which shall be the maturity date. 5. On the maturity date, A FINAL BALLOON PAYMENT consisting of any remaining principal balance, accrued interest and other charges shall be due and payable. 6. If the County, in its sole discretion, determines that the monthly installments on the extended Impact Fees should appear on the Owner's water and/or sewer bill, Owner will make full and timely payment of the entire utilities bill including any extended Impact Fees installments. Owner covenants not to attempt to partition the bill or pay either the utilities' portion without paying the Impact Fees portion or vice-versa. 7. All payments under this Agreement shall be applied first to interest, then to any other unpaid charges that may be imposed by or appear on the Owner's utility bill, then to any other charges that may be imposed under this Agreement, with the remainder applied as a reduction of the remaining principal balance under this Agreement. Owner may pay the entire unpaid principal balance and any accrued interest or other charges at any time without penalty. If Owner makes a partial payment of principal, there will be no delay in the due date of any subsequent payment due from Owner. 8. Owner covenants that Owner is lawfully seized of the Property and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Owner warrants and will defend generally the title of the Property against all claims and demands subject to any encumbrances of record. 9. Owner covenants to promptly pay when due the principal and interest on the debt evidenced by the Agreement and will at all times keep its water and/or sewer, and if applicable, irrigation utilities bill curre~nt. N° .l o { OR: 2518 PG: 093{ F£BZ 3 1999 10. Owner covenants to pay all property taxes, including all non-advaiorem assessments, assessments, charges, fines and other impositions attributable to the Property which may in any way attain priority over the County's lien against the Property resulting from providing an opportunity for extended payment of the subject Impact Fees. Owner shall promptly discharge any lien which has priority over the lien evidenced and contemplated by this Agreement unless Owner: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to County; (b) contests in good faith the lien by, or defense against enforcement of the lien in, legal proceedings which in the County Attorney's opinion operates to prevent enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to County subordinating the lien to the interest of the County in obtaining full payment of the subject Impact Fees. If County determines that any part of the Property is subject to a lien which may attain priority over the County's rights to full payment of the Impact Fees, County may give Owner a notice identifying the lien and Owner shall satisfy the lien or take one or more of the actions set forth above with in ten (10) days of the giving of notice. 11.The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the County. 12. If the existing Buildings, structures and applicable improvements on the subject property consist of a mobile home park or rental housing, Owner covenants and agrees, for the benefit of all affected occupants, to pass through and on the same terms all the benefits of any extended payment of these Impact Fees to the affected occupants. 13. Owner will be in default under this Agreement if Owner fails to make any payment exactly on time, if Owner files a petition of any kind in Bankruptcy Court, or if Owner should be in default under any of the agreements, terms or covenant in this Agreement. If Owner is in default, the County may declare the entire unpaid balance under this Agreement and accrued interest thereon to be due immediately without any advance notice. The County shall not waive its right to accelerate the payment if it fails to exercise its right for any past defaults. If the County requires Owner to pay the principal balance and the accrued interest immediately in full as described above, the County will have the right to be paid back for all of its costs and expenses in enforcing this Agreement to the extent permitted by applicable law. Those expenses include, for example, reasonable attorney's fees and costs, including any attorney's fees or costs awarded by the Appellate Court. 14. Owner acknowledges and agrees that the TOTAL DOLLAR AMOUNT OF IMPACT FEES reflected in Paragraph 2 is a fee, rate or charge for the services and facilities of Collier County's regional utility system. Further, Owner covenants and agrees that if any extended payment installment shall not be paid when and as due, the unpaid balance thereof and all interest accruing thereon shall be an automatic fixed lien on the Property pursuant to Chapter 153, Florida Statutes, and Chapter 88-499, Laws of Florida. Such lien shall be superior and paramount to the interest in the Property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on parity with the lien of any such County taxes. Further, Owner covenants and agrees that in the event that any such extended Impact Fees installment, or the balance of the Impact Fees upon acceleration, shall not be paid as and when due and/or shall be in default for thirty (30) days or more, the unpaid balance of the Impact Fees and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the County in a civil action, and any such lien and accrued interest 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. 15. Owner fully understands and agrees that failure to pay any monthly installments in a timely manner will result in the water to the referenced Property being shut off without further notice and that the water service will not be restored until all outstanding balances are paid in full, including but not limited to outstanding utility charges, turn on charges and reinstatement of the extended Impact Fees installment to current. 16. The extension of time for payment or modification of amortization of the sums secured by this Agreement granted by the County to any successor in interest of the Owner shall not operate to release the liability of the original Owner or Owner's successors in interest. County shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Agreement by reason of any demand made by the original Owner or Owner's successor in interest. Any forbearance by County in exercising any right or remedy shall not be a OR: 2518 PG: 0936 F£B 2 3 1999 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. WITNESSES TO A.L SIGNATURES: ~Typ'/ e Name) /,f pe Name) ...7.2..,~ /.~ .,,..~....) Winterv~~ida Limited Partnership Andrew J.'~luan General Partner STATE OF COUNTY OF The foregoing Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees was acknowledged before me this 16 day of December, 1998, by Andrew J. Saluan, , , general partner of Winterview Court LTD., a Florida Limited Partnership, who is personally known to me or who has produced Drivers License ..5 '/5"0 -, o .,~-~& ~. :{'..z,z _-~ as identification. (affix ~.~..~.~ ~...0,'_~O'~ Notary Pu.~ ~ cd. ;.~,~,~ss]o~.~..O ~ Commis~on Number: -:.: ... ATTEST:.. "~#~!,/Jfll t,R~!~ ' DWIG H~Er-Bt~OC~(~LERK STATE~OF,EL~RIDA' ~ COUNTY.OE COLLIER ; ·, ,~*~ ~ .... I HEREBY CERTIFY that on this day, before me, an office: duly authorized in the State and Coun~ aforesaid to take acknowledgments, personally appeared ~1~ 5~~hair~ well known to me to be the Chair~ 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 Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees for the purposes therein contained under authori~ duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER C(;AJNT. Y:' AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN~ WAT~: SEWE~I~ ~ :~:~."~ WITNESS my hand and official seal in the County and State last aforesaid this .23W.~day of ~__.~__,~=., 19~'.~' My Commission Expires: Approved as to form and legal suf'~ie~cy: Assi~'j'ant County Atto *** OR: 2518 PG: 0937 *** FEB 2 3 1999 Exhibit A Commence at the Northwest comer of Tract B of Four Seasons, according to the plat thereof recorded in Plat Book 10 at Pages 95 through 97, Public. Records of Collier County, Florida, and run S00°08' 12"E for 31.00 feet to the Northwest corner of Lot 2 of said Winterview Court; thence mn S89°15'03"E along the North line of said Lot 2 for 150.00 feet to the "Point of Beginning"; Thence continue S89°15'03''E for 102.47 feet; thence run S44°15'03''E for 39.59 feet; thence run N00°08' 12"W 59.00 feet to the North line of said Tract B; thence run N89°15'03''W along the said North line for 130.03 feet; thence run S00°08' 12"E for 31.00 feet to the "Point of Beginning". :RN TO: ,,, ...~V FIRM · -~.UITE A ,,,~ ..... . ....... ORT ROAD N. · -". '34105 February 23, 1999 Item #16D17 EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES Page 197 Prepared by: ~ Thomas C. Palmer ~ Assistant County Attorn Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441580 OR: RBCORDND in O[FICIAt RBCORDH of COLLIBR COUNYY, FL 03/02/1999 ~t 11:30AM DWIGHT B. BROCK, CLNRK RBC IR! 10.50 COPIBS 2.00 Retn: CLSR[ t'0 1'n! BO&RD FEB 2 3 1999 IN1'KROFFIC! 4TH FLOOR BX1' 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Darla Gail Addison, a single woman 4098 Guava Drive Naples, FL Bearing the date of the November 27, 1991, recorded in Official Record Book 1667 Page(s) 1985, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATrACHED EXHIBIT "A" FOLIO NUMBER: 26682680000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~ directs execution and recording of this Satisfaction of Lien, by action of the Board thi~._ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLO.RIi~A, AS THE .' "'"..;;.'.., GOVERNING BODY OFCOLLIER .~ ", COUNTY AND AS EX,~FFIClb THE~': GOVEF~ING BOARD OF THE (~(~LLIER :i' COU~T'. ":'::" ;: . PAMELA S. MAC'KIE, CHAIRWOMAN ~,.,'.'"" OR: 2518 PG: 1'189 FEB 2 3-1999 EXHIBIT "A" : Lot 10, Block E, Coconut Grove Unit 3, according to the plat thereof recorded in Plat Book 4, Page 87, Public Records of Collier County, Florida. This conveyance is made pursuant to a Separation Agre~a~ent entered into between the parties dated March 13, 1979. This Deed is to correct legal description on that certain Quit-Claim Deed recorded June 4, 1979 in O.R. Book 813, Page 1959 of the Public Records of Collier County, Florida. Prepared by: Thomas C Palmer,-:;, Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441581 OR: 2518 PG: 1790 R~CORDBD in O~ICI~,I, R~CORDS o~ COLLI~It C0U87¥, 03/02/1999 at, ll:38AX Di~IGitT 1. BROCR, CLERK Retn: CLIR[ f0 T~! BO~ IN?BROFFIC! 47H F~OOR RRC ~RR 10.50 COPIR$ 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: George I. Helmlinger and Lida S. Helmlinger, Husband and Wife 4405 Flamingo Drive Naples, FL Bearing the date of the November 27, 1991, recorded in Official Record Book 1667 Page(s) 2079, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 32488880001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairm~a,~.ir_ects executi, qLi.i.i.i.i.i.i~n and recording of this Satisfaction of Lien, by action of the Board thi~..~_)"~D day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK Attest as to, Chafnman,$ BOARD OF COUNTY COMMIS~IOI~ERS,, COLLIER COUNTY,, FLO ,R,IDA, AS THE, GOVERNING BODY OF.COLLIER~? COUNTY AND AS EX-O:FFICIO THE GOVEI:i.blING BOARD. OF THE COLLIER PAMELA S. MAC'KIE, CHAIRWOMAN ~.,,. *** OR: 2518 PG: 1791 FEB 2 3 1999 EXHIBIT "A" Lot 37, Block H, FLAMINGO ESTATES, according to the plat thereof recorded in Plat Book 10, Pages 34 and 35, Public Records Collier County, Florida. Prepared by: Thomas C. Palme('l~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441582 OR: 2518 PG: 1792 RRCORDMD in O~IClAt RMCORD.4 of COLLIBR COUNfY, 01/02/1999 at II:1BAN DWIGiif R. BROC[, CLBB[ Retn: CL~RR fO lB! BOARD INT~RO~IC! 4fH ~LOOH ?240 Q~C ~B! I0.50 COPISS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: A & D Enterprises of Naples, Inc., a Florida corporation 3470 Bayshore Naples, FL Bearing the date of the June 9, 1992, recorded in Official Record Book 1725 Page(s) 0105, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of three thousand nine hundred twenty dollars ($3920.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE AI-I'ACHED EXHIBIT "A" FOLIO NUMBER: 48173280007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its ChairmaQ, directs execution and recording of this Satisfaction of Lien, by action of the Board this~.'.~O day of ~L. bfuCc,/ ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CO. MM!,,?~, lONERS, COLLIER COUNTY, FLORID;&,, AS THE GOVERNING BODY OF.COLLIER ~':. COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF,THE COI:Ei'ER CO Y : ,~ WATJER-,,~R Di~CT .... :......,/. ,.,... , PAMELA S. MAC'KIE, CHAIRWOMAN"".' *** OR: 2518 PG: 1793 FEB 2 3 1999 EXHIBIT Lots 27 and 28, Block4, Gulf Shores, and Lots 1 and 2, Block 5, Gulf Shores, according to the map or plat thereof recorded in Plat Book 4, Page50, of the Public Records of Collier County, Florida. Prepared by:. , _, /)/ Thomas C. Palmer)~-~', l'~- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2441583 OR: 2518 PG: 1794 R~CORI)~D in OFfiCIAL I~lCORDS of COLLIBR COUNT~, FL 03/02/1999 at 11:38A!( DWIGHT S. BROCK, CLARK Retn: CLBRK TO THB BOARD IHf~ROF~ICi 4TH FLOOR R~C F~! 10.50 CO?lES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Margaret MacDonald and Cathleen S. MacDonald, as joint tenants with right of survivorship 148 2nd Street Naples, FL Bearing the date of the October 4, 1991, recorded in Official Record Book 1658 Page(s) 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE An'ACHED EXHIBIT "A" FOLIO NUMBER: 77211080004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~directs execution and recording of this Satisfaction of Lien, by action of the Board this~-'~ day of '3~/-~,~ ,1998. .: - ATTEST: DWIGHT E. BROCK, CLERK . Attest as to ~'. BOARD OF COUNTY COMM..ISSIONE~',,,., COLLIER COUNTY, FLORIDA. AS;THE GOVERNING BODY OF ,..GOLEIER , COUNTY AND AS EX-OFFICIO THE GOVERNING BOARDO.F;'THE COLLIER COIjJ~Jl'Y WA'I'.ER-~F__,W.ER DISTRICT BARBARA B. BERRY, CHAIRM~/;,` .,. ..... *** OR: 2518 PG: I795 FEB 2 3 ~999 EXHIBIT "A"" Block 2, Lots 25 & 26, Unit 1, TRAIL ACRES, according to the plat thereof recorded in Plat Book 3, Page 50, of the Public Records of Collier County, Florida. Prepared by: _ A / Thomas C. Palmet~ Assistant County Attt~{n' ~y Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441584 OR: 2518 PG: 1796 RBCORDRD in OFFICIAL RECORDS o[ COLLIER COUNTY, FL 03/(12/1.999 at, II:38AK DilIGHT B. BROCK, CLERK Retn: I#?DROFFICR 47H FLOOR RSC FID 10.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme.nt with the following: Mark L. Getschow, a single person, and Marian Suzanne Stevens, a single person, Joint Tenants with Right of Survivorship 3430 Timberwood Circle Naples, FL Bearing the date of the April 28, 1994, recorded in Official Record Book 1942 Page(s) 0351, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00258967558 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~ directs execut_q_~on and recording of this Satisfaction of Lien, by action of the Board this; .-,~ day of _~32~1~_~, 1999. ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chairman's BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,..A~' TH'E GOVERNING BODY OF coLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COIJ~TY WATER-_$.E.WI~R DJ,.~TRICT, PAMELA S. MAC'KIE, CHAIRWOMAN '"~:~: r~ Itt OR: 2518 PG: 1797 EXHIBIT "A" 2 3 1999 Description of Parcel 3430 Part of the south half of the north h°lf of the west half of the southwest quarter of Section 13, Township 49 South, Range 25 East, Collier County, Floridoo being more particularly described as follows: Commencing at the southwest corner of sold south half of the north he, If of the west half of the southwest quarter of Section 1,1, sold point being o point on the westerly line of o 100 foot Collier County canal right-of-Way; thence South 89'26'31" East along the southerly line of sold south half of the north half of the west half of the southwest quarter of ~ection 13, a distance of 100.05 feet to on Intersection with ,the,,, eqsterly line of sold canal rlght-of-wo~ thence North 1'0942 W~st along sold easterly line, o distance of 590.81 feet: {hen(~e leaving sold easterly line North 88'50'18" East 94.28 feet to the Pain{ of Beginning of Parcel 3430 herein being described; thence South 45'00'00" East 31.04 feet; thence South 45'00'00" West 51.25 feet thence North 45'00'00" West 31.04 feet: thence North 45'00'00" East 51.25 feet to the Point of Beginning of Parcel 3430 herein described; containing 1,591 square feet of land more or less; subject to easements and restrictions of record. [This instrument is given pursuant to "Final Stipulation and Marital Settlement'Agreement" between the parties in Outagam~e County, Wisconsin, Case No. 93-FA-539]. Prepared by: ..--. I Thomas C. Palme~l Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441585 OR: 2518 PG: 1798 RBC0RDBD ia 0~HClAL P, BC0~0 0[ C0LLIBR C01JlITY, 03/02/1999 at; I1:38A# D#IGI!! B. BBOCB, CLBRI[ Retn: CLBR[ ?0 T~! BOngO INf~ROF~IC! 47B FLOOR RBC FEE 10.50 COt)lES 2. O0 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Mariano Lamadrid and Bertha Lamadrid Husband and wife 4112 Coconut Circle South Naples, FL Bearing the date of the November 27, 1991, recorded in Official Record Book 1667 Page(s) 2063, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26681800001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairm~0, directs executign and recording of this Satisfaction of Lien, by action of the Board thi~,~ro day of ~o ~C~',xa.,~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,..AS!TFIE GOVERNING BODY OF COLLiEF ?:' -' , '"". COUNTY AND AS EX-OFFICIO THE , GOVERNING BOARD OF:THE COLLIER. ;" COU. NTY WATER-SEWER DISTRICT .-, . , ? ;~ - ..-: ./ PAMELA S. MAC'KIE, CHAfRWOMAN,,~.~.:;,..,?:':' x~x OR: 2518 ?G: 1'/99 EXHIBIT "A" ~'£B 2..3 1999 Lot 28, Block D, COCONUT GROVE, Unit ~3, as recorded in Plat Book 5, Page 5, Collier County Public Records, Subject to restrictions, reservations and eas~ents of record. 'U't'? ?,i % t, , Prepared by: Thomas C. Palmer"~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441586 OR: 2518 PG: 1800 RBCORDBD in O~HCIAL RSCORD8 of COLLIBR COUNTY, FL 03/02/1999 a~ ll:38AM DWIGHT B, BROCK, CLBR[ CLBRI TO THB BOARD IN?BRO{HCB {TH FLOOR BlT 7240 RIC FSI 10.50 COPIBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Jay Richard Creed and Gall M. Creed, husband and wife "formerly Known As, Jay Richard Creed, a single person" 4802 Devon Circle Naples, FL Bearing the date of the November 21, 1991, recorded in Official Record Book 1665 Page(s) 1117, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63150040009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its ChairmaEL directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of ~r~,~,~ ,1999. 0 ATTEST: DWIGHT E. BROCK, CLERK Attest BOARD OF COUNTY COMMISSIONER$,~,,. COLLIER COUNTY, FLORIDA;'~S THE, GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE'~.. GOVERNING BOARD oF THE COLLIER CQIdlNTY WATER-_SEWER [~ISTRICT, PAMELA S. MAC'KIE, CHAIRWOMAN ' OR: 2518 PG: 1801 FEB 2 3 1999 EXHIBIT "A" Lot 12, Block 7, Naples South, Unit 2, according to the plat there- of recorded in Plat Book 7, Page 68, Public Records of Collier County, Florida. R~orc~d and COLLIER COUNTY, FLORIDA JAMES C. GILL~ CLERK Prepared by: Thomas C. r~ney~~ Palme~'[~ Assistant County Atto Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441587 OR: 2518 PG: 1802 HCORDBD in OHICIAL HCORDB oK COLLIER ¢OUNTL FL 03/02/1999 a~ ll:38AH D~IGHf B. BROCK, CLBRK Retn: CLBRK TO THB BOARD IRTBROHICK 4TH FLOOR BIT 7240 RBC rib 10.50 COFIBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: · Rafael M. Afanador and Ana M. Afanador 4605 Alladin Ln Naples, F1 Bearing the date of the Jtme 29, 1992, recorded in Official Record Book 1730 Page(s) 1108, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 22622920009 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman,_directs executy~_n and recording of this Satisfaction of Lien, by action of the Board this~;~c~'D day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK ltte a*' to Charmer,l; S i gi'i zUrO on!S, '-. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,.A$'THE ~',,~. GOVERNING BODY OF COEI~IER . '"", '~'.:. COUNTY AND AS EX-OFFICIO T~E :"'.~'...'. GOVERNING BOARD OF. THE coLLiER?. COJJNTY WATER-_BEWJSR DISTRICT "~ ~' .' :',~.' 15AMELA S. MAC'KIE,'CH~JRWOMAN:-" . OR: 2518 PG: 1803 FEB 2 3 1999 EXHIBIT "A" The South 80 feet of Lot 11, Block 3, Avalon Estates Unit 1, according to plat in Plat Book 3, Page 62, Public Records of Collier County, Florida. Prepared b.y: ..~ Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441588 OR: 2518 PG: 1804 RBC0RDBD in OFFICIAl, RBCORDS of COLLIBR C00117¥, FL 03/02/1999 aK 11:38AH DI~IGH? S. BROCK, CLBRK RIsC FB! CLERK ?0 ?HR BOARD IN?BROFFIC! 47N FLOOR BIT 7240 C0PIBS 10.~0 2.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Ronnie Dean Hathaway and Nettie Tyre Hathaway, Husband and Wife 3929 Dale Avenue Naples, FL Bearing the date of the August 23, 1991, recorded in Official Record Book 1642 Page(s) 1781, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three htmdred forbj dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 49480680001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of ~-'~u~lv, 1999. O ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS,;,,, COLLIER COUNTY, FLORIDA,:As THE' GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFI'ClO THE GOVERNING BOARD OF ~HE COLLIER GO~~ICT .' ;~..~ :' ',: .. o " PAMELA S. MAC'K!E, (~HA"['RWoMAN ,i,'i.":' OR: 2518 PG: 1805 FEB 2 3 1999 EXHIBIT "A" Lot 19, HEIGHLAND VILLA, according to the plat thereof, recorded in plat book 5, page 2, of the current Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer ~ Assistant County Attbrhey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441589 OR: 2518 ?G: 1806 RI¢0RDSD in OFFICIAL RSCORDS of C0LLIBR COUNTY, FL 03/o2/1999 at 11:38A!( DWIGHT ]~. BROCL CLRRK Retn: CLIRK TO THR BOARD IKTSR0~IC~ iTH ~L00R BXT 72i0 BBC H~ 10.50 C0PISS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Nolen Clay Cope 3990 Lotus Drive Naples, FL Bearing the date of the September 23, 1991, recorded in Official Record Book 1649 Page(s) ]506, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand one hundred dollars ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26680880006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~n, directs execut...q~.n and recording of this Satisfaction of Lien, by action of the Board this~[~,'p day of ....~~, 1999. ATTEST: DWIGHT E. BROCK, CLERK littest to Chafman's s 1..,:.,..ce 0,~15. BOARD OF COUNTY COMMISSIO~ERS'~,,. COLLIER COUNTY; FLORIDA, AS THE" GOVERNING BODY OF;C.OLLIER ,,~, COUNTY AND AS EX-OFFICIO THE" GOVERNING BOARD OF: THE COLLIER CO~I~JTY WATER~SE~_W,ER DI{iTRICT .? FEB 2 3 1999 EXHIBIT "A" . Lot 34, Block C, Coconut Grove, Unit 3, according to Plat Book 5, Page 5, Public Records of Collier County, Florida. Prepared by: Thomas C Palmerq2 · Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441590 OR: 2518 ?G: 1808 RBCORDBD in OE[I¢IAL RI~¢OItD9 of COLLZBR COUHTY, 03/02/1999 at 11:38~# DWIGHT S. BROCK, CLBRK Retn: CLIRK TO TH! BOARD IHTBRO~ICB 47H FLOOR 7240 Fi! 10.50 COPIBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Roxanne Busccmi 2713 Longboat Drive Naples, FL Bearing the date of the October 21, 1991, recorded in Official Record Book 1660 Page(s) 0457, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26731440007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmaj3., directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK signature, oal.y. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS ~HEi~,,,,,, GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFJCIO'THE~'" GOVERNING BOARD OF THE COLLIER' CO'CI NTY WATER-SEWERiDJSTRIC~, woMAN :-[.c 7' O L PAI3E D.-scriptzon of part of for 21 and a part of tot 22 of Coconut River Unit No. 1, (P. B. 3, p. 58) Collier County, Florida for Manchester lnv~stmants, Inc. 33) (~-ncing at the Northeast Comer of Section 35, Township 49 South,' Range 25 Fast, Collier County, Florida. thence along the ~brth 1Lne of said Section 35, and along the North line of Coconut River Unit No. 1 according to the plat thereof, as recorded in Plat Book 3, bage 58, Collier County Public R~-ords, Collier County, Florida, South 89", - 41'-20" V~st 699.77 feet for the PLAC~ OF BEGINNING of the Parcel he. rein described: thence South 0° - 18' -40" East 120.00 feet; thonce South 89" -41'-20" %qest 90.59 feet; thence North 0° -18' 40" %~est 120.00 feet; thence along tb~ North line of said Coconut Riuer Unit NO.,i, }brth 89° - 41'20" Eas~ 90.59 feet to the Place of Beginning;. being a part of tot 21 and a part of iot 22 of said plat of Coconut River Unit No. 1, Collier Cowry, Floridal subject to 'easements and restrictions of record. FEB 2 3 1999 COUNTy, FLORidA Prepared by: Thomas C. Palmer't'C Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441591 OR: 2518 PG: 1810 R~C0RDED in OFFICIAL RECORDS of COLLIH COUNTY, FL 03/02/1999 at I1:38A1i DNIGH? I~, HOC[, CtHX Retn: CLERK TO THR BOARD I~?HOFFICE 47H FLOOR El! ?240 HC FH 10.50 COPIH 2,00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Kenneth W. Bryan and Peggy Lee Bryan, husband and wife 3882 Coconut Circle Naples, FL Bearing the date of the October 21, 1991, recorded in Official Record Book 1658 Page(s) 1713, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26580680005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmal::k,,.,directs exequtiqn and recording of this Satisfaction of Lien, by action of the Board this~ day of ~:~oy~p~ ,1999. 0 ATTEST: DWIGHT E. BROCK, CLERK signature onl$. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID .A;A~'~rHE .... GOVERNING BODY OF COLLIER', COUNTY AND AS EX-OF~I ,CIO THE ..,' ./' GOVERNING BOARD OF:THE COLLIER COUI~ WATER-SEWER DISTRICT PAMELA S. MAC'KIEr CHAIRWOMAN OR: 2518 PG: 1811 FEB 2 3 1999 EXHIBIT "A" Lot 17, Block A, Coconut Gr~ve, Unit 1, according to the plat there- of recorded in Plat Book 4, Page 69 in the Pu~lic- Records of Collier County, Florida. Prepared by: Thomas C. Palmer'~ I~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 03/02/1999 at, II:38AM DWIGHT R. BROCK, CLERK aehn: CLER[ TO THE BO&RD XNTRROFFICI 4TH FLOOR EXT 7240 REC FIB 10.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Frank William Hanley 4640 Parrot Avenue Naples, FL Bearing the date of the September 18, 1991, recorded in Official Record Book 1649 Page(s) 1502, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred forty dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 32488200005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmpq,_directs executLon and recording of this Satisfaction of Lien, by action of the Board thi~=~.~_ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK to Chafrman'$ .,signature oiily. . BOARD OF COUNTY COMMISSIONER' '...' COLLIER COUNTY, FLORIDA, AS THE - ~ GOVERNING BODY OF.COLLIER " COUNTY AND AS Ex-OFFICIO THE ":: GOVERNING BOARD OF THE COLLIER . . 2 C~t~CT ' :. 'i.' P/~'MELA S. MAc,~E, ChAI6woMAN.,:','''''? ' *** OR: 2518 PG: 1813 *** FEB 2 3 1999 EXHIBIT "A" ' Lot 20, Block H, FI2kM~ ESTATES, as per plat thereof recorded in Plat Book 10, Pages 34 and 35 inclusive, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer-iT Assistant County Attorney Office of County Attorney 330'1 East Tamiami Trail Naples, Florida 34'1 '12 (941) 774-8400 RECORDED in O~ICI~L RECORDS of COLLIER COUNT~, FL 03/02/1999 aL II:3BAK DWIGHT I~. BROCL CLERK Retn: RBC FEE 10.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Carol J. Stuckey 133 2nd Street Naples, FL Bearing the date of the November 21, 1991, recorded in Official Record Book 1665 Page(s) 1173, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77211680006 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its ChairmaJ3., directs execution and recording of this Satisfaction of Lien, by action of the Board this[_~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK Attest ~s tt.~ Cha-iman'~ 5 b~...,..~t~,, ~ cMS. BOARD OF COUNTY COMMISS'I'ONER~"'.... COLLIER COUNTY, FLORIDA, AS THE '.. GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO'THE.' : ';; GOVERNING BOARD OF THE COLLIER ~i. COU WATER-SEWER DIST, ICT~! · ... /~', P~MAN: ,'."C"" ' *** OR: 2518 PG: 1815 *** FEB 2 3 ~999 EXHIBIT "A'" Lots 12 and 13, Block 3, TRAIL ACRES SUBDIVISION, a subdivision as platted in Plat book 3, Page 50, Public Records of'Collier County, Florida. . Prepared by: Thomas C. Palmet~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 RECORDED in OFFICIAL RECORDS oE COLLIBE COUNTY, FL 03/02/1999 at 11:38A!( DIilGH? B. BROCE, CLERK Rein: CLER[ fO THE BOARD EXT 7240 FEB 10,50 COPIBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Morris Solow, a single man 5401 Yahl St. Naples, FL 34109 Bearing the date of the October 27, 1998, recorded in Official Record Book 2474 Page(s) 1396, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of three thousand six hundred seventy two dollars and fifty cents ($3,672.50), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00243800009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~directs exec_utign and recording of this Satisfaction of Lien, by action of the Board thi~ day of ~t~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK ltte .~.. as to Chatnaan'$,-- BOARD OF COUNTY COMMISSI6NERS COLLIER COUNTY, FLORIDAi AS THE .'"" GOVERNING BODY OF COLLIER " COUNTYAND AS EX-OFFICIO THE" .; GOVERNING BOARD OF THE COLLIER PAMELA S. MAC'KIE, CHA'IRWOMAN ,, '" ~.l~l.l, .,^,, ***~0R: 2518 PG: 1817 ~" FEB 2 3 1999 THE NORTH 100.00'FEET OF THE SOUTH 510.00 FEET OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST; EXCEPTING THEREFROM THE WEST 100.00 FEET RESERVED FOR A DRAINAGE EASEMENT, AND THE EAST 30.00 FEET RESERVED FOR AN INGRESS AND EGRESS EASEMENT AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1183, PAGE 1014 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO # 00243800009 Prepared by: Thomas C. Palmer-~)~---~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441595 OR: 2518 ?G: 1818 RBCORDBD in OHICIAL RRCORDS of COLLIH COUNTY, ~L 03/02/1999 al; 11:38~ DIilGHT S, BROCK, CLHK Retn: CLRR[ TO TRR BOARD IN?HO~FIC! 4TH ~LOOR EXT ?Z40 RBC FH 10.50 COPIES 2,00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Carol J. Stuckey 145 2nd Street Naples, FL Bearing the date of the November 21, 1991, recorded in Official Record Book 1665 Page(s) 1229, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXI-HBIT "A" FOLIO NUMBER: 77211640004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap._directs executio~n and recording of this Satisfaction of Lien, by action of the Board this'(_~_~ day of ~'~rL~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR!DA, AS THE GOVERNING BODY OF COLLIER ....... '' '' COUNTY AND AS Ex-OFFICIO THE GOVERNING BOARD oF THE COLUER P][MELA~~'~'~~~S. MAc'I~IE, C'HAI~WoMAN i,.'''''''':::'' F'EB 2 3 1999 EXHIBIT "A" Lot 10 and 11, Block 3, Unit No. 1 TRAIL ACRES, a subdivision as platted and recorded in Plat Book 3, at Page 50, Collier County, Florida. Prepared by: Thomas C. Palmer/"~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2zlZtlS 6 OR: 2b18 PG: 1820 RBCORDBD in O~IClAL HCORDS of COLLIBR COUNTY, 03/02/1999 at II:38AM DWIGHT B. BROCK, CLBRK CLBRK TO THE BOARD INTEROffICE 4fH FLOOR' REC PEE I0.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: o Brian K. MacDonald 117 3rd Street Naples, FL Bearing the date of the November 8, 1991, recorded in Official Record Book 1662 Page(s) 0801, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHI BIT "A" FOLIO NUMBER: 77212760006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap,,,djrects exec '.t~ and recording of this Satisfaction of Lien, by action of the Board this C:~t'C)day of. '¢~)l'~w~, ,1999. ATTEST: DWIGHT E. BROCK, CLERK Atte{t ~s to'Chairman'S:' BOARD OF COUNTY COMMISSIONEI~S',.,;,, COLLIER COUNTY, FLORIDA, AS THE '.. GOVERNING BODY OF COLLIER' COUNTY AND AS EX-OFFICIO THE ;;' : GOVERNING BOARD OF THE COLLIER, "- :-: *** OR: 2518 PG: 1821 *** FEB 2 3 1999 EXHIBIT "A" Lots 14 and 15, Block 4, Section 32, Township 50 South, Range 26 East, in Trail Acres Subdivision as platted and recorded in Plat Book 3, Page 50, of Collier County records. Prepared by: Thomas C. Palmer'7'C Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441597 OR: 2518 PG: 18ZZ RKCORDRD in OFHClAL RNCORDH of COLCIRR COUNTY, 03/02/1999 at lI:38AM DWIGHT ~. BROCK, CLBRK Rein: CLRRK TO THB BOARD INYBRO~ICK 4TH ~LOOR RXY 1240 RBC H! 10.§0 COPIRH 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: George E. Long and Martha Long, Husband and Wife 287 Benson Street Naples FL Bearing the date of the November 8, 1991, recorded in Official Record Book 1662 Page(s) 0813, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77360560006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma[z, directs execution and recording of this Satisfaction of Lien, by action of the Board thia.~r° day of ~-e.~3)F~j, , 1999 ATTEST: DWIGHT E. BROCK, CLERK Attest. as to' Chairaan's ~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER.. COUNTY AND AS EX-OFFICIO.TH'I~ ....... GOVERNING BOARD OF THE COLLIER *** OR: 2518 PG: 1823 *** FEB 2 3 !999 EXHIBIT "A" Lot 45, Block 2, Trail Acres, Unit No. 4, in accordance with and subject to the plat thereof recorded in Plat book 7, Page 103, of the Public records of Collier County, Florida. Prepared by: C. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 244~598 OR: 2518 PG: 1824 RRCOROBD in OFFICIAL RBCORDS of COLLIH COUN?Y, FL 03/02/1999 at II:38AN DWIGIt? B. BROCK, CLBRI[ Rets: IN?HROFFICB 47H FLOOR BXT 72t0 RBC FIG 10.50 COHH Z.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Leroy S. Yuhas and Constance M. Yuhas, husband and wife 144 6th Street Naples, F1 Bearing the date of the November 4, 1991, recorded in Official Record Book 1660 Page(s) 1748, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77260280004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,_""~ day of-'~i~uP~/ ,1999. ATTEST: DWIGHT E. BROCK, CLERK ~i,3r, ature or, 13. - BOARD OF COUNTY COMMI$81ONERS'"'.,.. ' COLLIER COUNTY, FLOPIDA, AS THE ". GOVERNING BODY OF COLLIER~ COUNTY AND AS Ex-OFFIClO'T, HE '" '~' : GOVERNING BOARD OF 'THE COLLIER ~;~/' COU~3~Y WATER-S~EW. E~ DISTRICT PAMELA S. MAC'KIE, CHAIRWOMAN"" OR: 2518 PG: 1825 FEB 2 3 1999 EXHIBIT "A" Lot 11, Block 1, Trail Acres, Unit No. 2, subject to the plat recorded in Plat Book 4, Page 62, of the Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer~ ])~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441599 OR: 2518 PG: 1826 RBCORI)BD in O~IClAI. RRCORBS of COLLIRR COUNTY, ~L 03/02/1999 at ll:.l~ Di(ISH? ~. BROC[, CLRRI[ Retn: CLH[ ?O ?H! BOARD IR?BRO~FIC~ 4TH KOOR 7240 HC H! 10.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Leroy S. Yuhas and Constance M. Yuhas, husband and wife 170 5th Street Naples, FL Bearing the date of the November 4, 1991, recorded in Official Record Book 1660 Page(s) 1724, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77214160002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmaa. directs execution and recording of this Satisfaction of Lien, by action of the Board thisJ._O.~° day of ~-~V'L.V-.- ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,,* AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO~ WATER-SEWER DISTRICT p~w6MAN' 18 7 *** FEB 2 3 '1999 EXHIBIT "A" Lot 36, Block 5, Trail Acres, according to the plat thereof recorded in Plat Book 3, Page 50, Public Records of Collier County, Florida. Prepared by: I~--" Thomas C. PalmerT¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441607 OR: 2518 PG: 1843 RECORDSD in OFFICIAL RBCORDS o~ COLLIRIt COUI{Y~, FL 03/02/1999 at 11:53A# I~IGHT I. BROCK, CLHE CLHE TO THE BOARD INTHOFFICE 4TH FLOOR HT 7240 HC HR 10.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Stephen L. Emens and Karen Emens, husband and wife 4433 Gulfstream Drive Naples, FL Bearing the date of the November 4, 1991, recorded in Official Record Book 1660 Page(s) 1700, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirb, cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63101600003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap,~irects exec.~ and recording of this Satisfaction of Lien, by action of the Board this~day of Y'eJ:2)f~,o,-v ,1999. O A'I-I'EST: DWIGHT E. BROCK, CLERK Attest as BOARD OF COUNTY COMMISSIONERS... COLLIER COUNTY, FLOR!DA, AS THE " GOVERNING BODY OF COLLIER COUNTY AND AS Ex-OFFICIO THE GOVERNING BOARD oF THE COLLIER PAMELA S. MAC'KIE, CH/~IRWOMAN .... OR: 2518 PG: 1H4z~ '~'~ EXHIBIT "A" Lot 9, Block 5, Naples South, Unit No. 1, according to the Plat thereof, as recorded in Plat Book 4, at pages 89 through 90, of the Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer)~ ~~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441608 OR: 2518 PG: 1845 HCORDBD in OFFICIAl, RS(lORDS o[ COLLIBR COUN?L FL 03/02/1999 at II:531M DWIGHT E. BROCK, CLBRK Rets: CLBRK TO THR BOARD INTHROFFICB 4TH FLOOR RXT 7240 10.50 COPIBS 2,00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Jeffry S. Nimtz and Mary E. Nimtz, husband and wife 4840 Barcelona Circle Naples, FL Bearing the date of the November 25, 1991, recorded in Official Record Book 1666 Page(s) 1590, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63100800008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap,,,,d~r.e_cts execu[ion and recording of this Satisfaction of Lien, by action of the Board this~=J._,w~ day of ~:~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK s t~Jaature oll BOARD OF COUNTY COMMISSIONERs,.. COLLIER COUNTY, FLORIDA, AS THE "' GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE i GOVERNING BOARD OF THE COLLIER C TY WATER-SEWER I~1 TRICT ~ PAMELA S. MAC'KIE, CHAIRWOMAN , · FEB 2 3 1999 Lot 10, Block 3, NAPLES SOUTH, UNIT NO. 1 according to the plat thereof, as recorded in Plat Book 4, Page 89 and 90, of the Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer~¢ ~~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441609 OR: 2518 PG: 18{'/ RRC0RI)ED in 0HIClAL RECORDS of C0U.IER C0tlNfY, K 03/02/1999 at 11:53AN DWIGIiT B. BROCK, CUIRK Reta: INTBRO~IC! 1240 HC FEB 10,50 COPIES 2.00 FEB 2 3 ]999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme.nt with the following: Sybilla S. Gideon, a single woman 4930 Aztec Circle Naples, FL Beadng the date of the November 27, 1991, recorded in Official Record Book ]667 Page(s) :2046, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63100400000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction fo 1 9 of Lien, by action of the Board thi~ day of ~u~,/ , 99 . ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COLLIER COUNTY, FLORIDA, GOVERNING BODY OF COUNTY AND AS GOVERNING BOARD OF THE COL~IER':~[" CO~ WATER;SEWER DISTRICT ~" 0A~LA ~A~;-CHg!RWOMAN" OR: 2518 PG: 1848 FEB 2 3 1999 EXHIBIT "A" Lot 4, Block 2, NAPLES SOUTH, Unit #1, according to the plat thereof recorded in Plat Book 4, Pages 89 and 90, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer 7'~ J)~"-' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441610 OR: 2518 PG: 1849 RBCORDaD in OFFICIAL HCORDS of COLLIER ¢01/17~, FL 03/02/1999 at II:53AM DWIGHT E. BROCK, CLBRK Retn: CLRR[ TO TH! BOARD INT~ROFFIC~ 4TH FLOOR NXT 7240 HC H! 10.50 COPII$ 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Jock A. Felt and Ruth B. Felt, husband and wife 4814 Cortez Circle Naples, FL Bearing the date of the November 27, 1991, recorded in Official Record Book 1667 Page(s) 2030, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63101720006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap,_directs execution and recording of this Satisfaction of Lien, by action of the Board this~_.~/~ day of l~w',,t/ ,1999. ATTEST: DWIGHT E. BROCK, CLERK ttest ' to Chairman's -- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER.:' COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO WATER-SEW R D~ RICT EXHIBIT "A"' Lot 12, Block 5, Naples South, Unit 1, according to plat in Plat Book 4, Pages. 89 amd 90, Public Records of Collier County, Florida. Prepared by: Thomas C. Palme~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441611 OR: 2518 PG: 1851 HCORD~D in O~IClAL RBCORDS of COLLIBR COUN?Y, ~L 03/02/1999 at lI:53AH DIlGHT S. BROCK, CLSH Retn: INTRROFFICR 47H FLOOR H? 7240 RBC FH 10.50 COPIR$ 2.00 F£B 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Eduardo Esquilin Lazu and Edmee Esquilin, husband and wife 4915 Cortez Circle Naples, FL Bearing the date of the November 27, 1991, recorded in Official Record Book 1667 Page(s) 2067, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand tt~ee hundred fort), dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63103080003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of '~:"~:}tu~. , 1999. ATTEST: DWIGHT E. BROCK, CLERK ~-~ A~:t~st as to Chair=an's ~ signature onl$. '/, BOARD OF COUNTY COMMISsIONERs COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER" COUNTY AND AS Ex-OFFICIO,THE.s. " GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT'i'~. PAMELA S. MAC'KIE, CHAIRWOM~N *** OR: 2518 PG: 1852 *** FEB 2 3 1999 EXHIBIT "A" The Southeast ~ of Lot 4, the Northwest ~ of Lot 5, and the North 3 feet of th~.Southeast ~ of Lot 5, Block 8, Naples South, Unit No. according to plat in Plat Book 4, Pages 89 and 90, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer "T(-f'/~..~--' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441612 OR: 2518 PG: 1853 HCORDBD in OFFICIAL HCOR1)S of COLLIBR COUNTY, FL 03/02/1999 at. ll:53AK DilGHT B. BROC[, CL~R[ Retn: CLBH TO THB BOARD IN?RRO~FIC! 4fff FLOOR 7240 10.50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: Doris A. Rhoden, Widow of S. Edwin Rhoden 4660 Catalina Drive Naples, FL Bearing the date of the November 27, 1991, recorded in Official Record Book 1667 Page(s) 2091, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63100200006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap.,_directs execut.~j.on and recording of this Satisfaction of Lien, by action of the Board this~r~ day of '~Olu~. ,1999. ATTEST: DWIGHT E. BROCK, CLERK ~t~st as to Chat~an's s{~n~ture oa'iy. -:: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER , COUNTY AND AS EX-OFfICIO THE GOVERNING BOARD oF~THE COLLIER /AM'E L S. G ,C';'KmE ', CH RW6u Iq' "'?' OR: 2518 PG: 1854 *** FEB 2 3 1999 EXHIBIT "A" Lot 5, Block 1, Naples South Unit No. 1, according to plat thereof recorded in Plat Book 4, at Pages 89 and 90 of the Publid Records of Collier County, Florida. , Prepared by: Thomas C. Palmer'7'~F~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441613 OR: 2518 PG: 1Bbb RRCORDBD in O~HClAL RRCORD.~ of COtLINR COUNTY, 03/02/1999 at lI:53AM DWIGHT N. BROCK, CLNRK Retn: cLaRK TO TH! BOARB INTSRO}FICB 4TH FLOOR SXT 72{0 HC Fas lo.5o coPIBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Merrel Morgan 101 2nd St Naples, FL Bearing the date of the November 5, 1991, recorded in Official Record Book 1661 Page(s) ]285, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77211840008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its ChairmaD, directs execut.,u~ and recording of this Satisfaction of Lien, by action of the Board this~day of ¥¢~(~n./ ,1999. 0 ATTEST: DWIGHT E. BROCK, CLERK AtteSt as to Chat~an's . sighature onl$. BOARD OF COUNTY COMMIE~iONER4'"'r',',. COLLIER COUNTY, FLORIDA, AS THE ... GOVERNING BODY OF COLLIER : COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER ..: CO,)J~ITY WATER.2S.E_W, ER plySTRICT ' , ,,...,,~i~? OR: 2518 PG: 1Bbb ~xx EXHIBIT "A" Lots 17 and 18, Block 3, Trail Acres, according to the plat there- of recorded in Plat Book 3, Page 50, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer'~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441614 OR: 2518 PG: 1857 HCOBDSD ill OFEICIAL HCORI)S oE COLLIBE COUNTY, FL Retn: CLBR[ ?0 THE BOARD IHTBROHI¢8 tTH FLOOR BZT 7240 HC HB 10.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: Karen L. Etherson and Victor A. Vazquez, both single people (divorced) 4014 Rose Avenue Naples, FL Bearing the date of the March 22, 1995, recorded in Official Record Book 2042 Page(s) 0285, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand eight hundred eighty eight dollars and seventy five cents ($1,888.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 67490280004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma.~_directs executi.~u~q and recording of this Satisfaction of Lien, by action of the Board thi,~.,~Y'O day of ~;-~'u~, ,1999. ATTEST: DWIGHT E. BROCK, CLERK AtteSt ms to Chairman's BOARD OF COUNTY COMMISSIONERS ' COLLIER COUNTY, FLOR[DA, AS THE GOVERNING BODY OF COLLIER ,' COUNTY AND AS EX-OFFICIO THE._ GOVERNING BOARD oF THE COLLIER C~CT P.~,MELAS-. ~,~C'~IE, ~HAI~W(~MAN''' OR: FEB 2 3 1999 EXHIBIT "A" LOT 7, BLOCK A, PINE VIEW VILLAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 67490280004 Prepared by: Thomas C. Palmer"~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441615 OR: 2518 PG: 1859 HCORDRD in O~HCIAI, RBCORD8 0f COT. LINR COUN?Y, 03/02/1999 al; 11:53AK DWISH? I. BROCK, CT.BRK HC FB! Retn: CLBRK TO TH! BOARD IN?BROUIC! 4TH FLOOR BXf 7240 COPIBS 10.50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Marion C. Bareford 142 Jeepers Dr. Naples, FL Bearing the date of the August 13, 1993, recorded in Official Record Book 1856 Page(s) 0829, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXFIIBIT "A" FOLIO NUMBER: 53400880000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmal;~rects executi.~ and recording of this Satisfaction of Lien, by action of the Board thisc:~day of ¥o_.Jc~'ur~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK AtteSt as to Chafrman*s sis~tur-e onlj,. BOARD OF COUNTY CoMMisSIONERS COLLIER COUNTY, FLORIDA, AS,THE GOVERNING BODY OF COLLIER . COUNTY AND AS EX-OFFICIO THE I~AMELA S. ~'AC~K, E, ~C.,~',RwOM/~,N'' "' "" OR: 2518 PG: 1860 FEB 2 3 ~999 EXHIBIT "A" Lot 22, Lake Side Mbile Estates, according to plat in Plat Book 9, Page 99, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441616 OR: 2518 ?G: 1861 R~CORD~D i~ OFHCI~L R~CORD~ O[ COLI,I~R COUNTY, FL 03/02/1999 at ll:53&K OWI~BT RaC HS 10.50 COFIH 2,00 Retn: CLRRK TO THB BOARD IK?~ROFFICR 4TH FLOOR SX? 7240 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: Rafael Santos 2831 Storter Avenue Naples, FL Bearing the date of the March 16, 1992, recorded in Official Record Book 1697 Page(s) 1312, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACIIED EXHIBIT "A" FOLIO NUMBER: 22624440008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs exe~ and recording of this Satisfaction of Lien, by action of the Board this~-.~day ofX~L--~-/ur~ , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIO'NERS "..... COLLIER COUNTY, FLORIDA'; AS THE ".. GOVERNING BODY OF COLLIER , " COUNTY AND AS EX-OFFICIO THE' . ? GOVERNING BOARD OF THE COLLIER - ~' CT ~ :7 PAMELA S. MAC'KIE, (~HA'I'RWOMAN..: ,'"'"':" *** OR: 2518 PG: 1862 *** FEB 2 3 1999 EXHIBIT "A" Lot 18, Block 6, Unit 1, Avalo~ Estates in Official Record Book 604, Page 1633, in Collier County, Florida, Property I.D. 37199 00000-7 Prepared by: Thomas C. Palme?-T(,,P,,L~... Assistant County Attdfney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441617 OR: 2518 PG: 1863 HCORDBD in OI~ICIAL RRCORDS of COLLIBR COUNT~, 03/02/1999 et ll:53AK DNIGHT I. BROCK, CL~RK Retn: CLBRK TO THB BOARD 7240 BBC HB 10.50 COHB8 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Mr. Robert and Mrs. Margaret MacDonald 157 2nd Street Naples, FL Bearing the date of the October 4, 1991, recorded in Official Record Book 1658 Page(s) 1753, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 7721160000;1 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its ChairmaD,,~i~cts executi.~ and recording of this Satisfaction of Lien, by action of the Board this.-J.D'~ day of ~-~-DAx~_o_. ,1999. ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chalmaan's BOARD OF COUNTY COMMISSION~,:~' "'"'",., COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE i' GOVERNING BOARD OF THE COLLIER RICT _ PAMELAS. MAC'KIE, CHAIRWOMAN.,~:.,.., .... '. FEB 2 3 1999 EXHIBIT "A" Lots 8 & 9, Block 3, Trail Acres as recorded and platted in Plat Book 3, at Page 50, Collier County Records. Prepared by: Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441618 OR: 2518 PG: 1865 HCOItD~D in OHICIAL HCORDS O[ COLLIIIR COUNTY, ~L 03/02/1999 at ll:53Ait DIiIGHT it. BROCL CLRI~E Rein: IKTB~0~ICR 4TE ~L00E H? 7Zt0 HC H! 10.50 COMBS FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: James O. Thompson 315 Benson Street Naples, FL Bearing the date of the October 29, 1991, recorded in Official Record Book 1660 Page(s) 0441, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259,66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00441440009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmar~djrects executioD and recording of this Satisfaction of Lien, by action of the Board this~day of_.~..~~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSION'EI~S<,.,._ COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE ,. GOVERNING BOARD OFTHE COLLIER. COU WATER-SEWER DI~S RICT . P~O'MAN,~ OR: P-biB ?G: lBbb FEB 2 3 1999 EXHIBIT. "A" Coe.~.encins on the 'E~st 1/4 corner of Section 32. Town, ship 50 South. Range 26 East, Collier County, l~lorida, said corner being the Northeast corner of 36, Block l, TRAIL ACRES, Unit 3, as recorded in Plat 5ook 3, at pa~e the Public P. ecords of Collier County, Florida; thence alon~ the East line of said Sectic. n 32, South 2 DE~REES 36' 20" ~?.ST, 3&5.0 feet: thence N 87 30' &O" %,~-ST &60.09 feet for a PLACE OF B~GIK,~I,KG: thence continuin~ )iorth D~REES 30' &0" ~'EST 70.0 feet: thence..~orth 2 DEGREES 29' 20" EAST 135.0 feet: thence South B7 DEGREES 30' &0" East) ;0.0 feet: thence South 2 DF. GREES 29' 20" West, 135 0 feet to the P[_kCE OF B'SGIN.NI~G, bein~ Lot 63 ar. 4 the ~ast 20 feet of Lot 60, Block 2, in said T?..&IL ACRES, Unit 3. Prepared by: Thomas C. Palmer-iTCI~ -'"' Assistant County A~orney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Rata: CLBRK fO YHB BOARD INTBROHIC! 4YH ~LOOR 10.50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Steve C. Rasmussen and Jacquelyn M. Rasmussen, Husband and Wife 174 5th Street Naples, FL Bearing the date of the October 24, 1991, recorded in Official Record Book 1658 Page(s) 1645, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77214200001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman_directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of ._~;2~.__, 1999. ATTEST: DWIGHT E. BROCK, CLERK · Attest ~'to Chalr'~an's ',;~ sl~tul~ 0~17. BOARD OF COUNTY COMMISStOtqisRS",,,... .. COLLIER COUNTY, FLORIDA, A8 THE " GOVERNING BODY OF COLLIER COUNTY AND AS EX'OFFICIO THE GOVERNING BOARD OFiTHE COLLIER ' CONVICT ' .PAMELA S. MAC'KIE, CHAIRWOMAN FEB 2 3 1999 EXHIBIT Lot 27, Block 5, Trail Acres Subdivision, according to the Plat there- of recorded in Plat Book 3, Page 50, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 CLRRK TO ?HR BOARD CO~IKS 2.00 FEi) 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme .nt with the following: Arthur A, Smith and Boguslawa Smith, Husband and Wife 331 Benson Street Naples, FL Bearing the date of the October 16, 1991, recorded in Official Record Book 1658 Page(s) 1669, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of two thousand three hundred sixty three dollars and eighteen cents ($2,363.18), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00440560003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this~__.~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK s 1 g~l~,m-'~ o~ly. BOARD OF COUNTY COMMIssION~R~ .... COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODYOF COLLIER ." COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OFiTHE COLLIER PAMELA S. MAC'KIE, CHAIRWOMAN , *** OR: 2518 PG: 1870 FEB 2 3 1999 EXHIBIT "A" Lots 68 & 71, Block 2, Trail Acres, Unit 3, Recorded at O.R. Book 1419, Page 2119, Public Records of Collier County, Florida; aka: 331 Benson Street, Naples, Florida. Prepared b.y: Thomas C Palmeri~ ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441621 OR: 2518 PG: 1871 RBCORDIID in OFFICIAL RICORDS of COLLIRR COUN?V, FL 03/02/1999 at; 11:53U( D~IGIIT Il. BROC[, CLBR[ Retn: INTBRO~ICB 4TH FLOOR 10.50 2,00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: Dave Mobley and Patrice Mobley, husband and wife. "Formerly known as Dave Mobley, a single man" 157 4th Street Naples, FL Bearing the date of the October 10, 1991, recorded in Official Record Book 1656 Page(s) ! 121, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77213480000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmalkdirects exec~ioQ, and recording of this Satisfaction of Lien, by action of the Board thisC:v[~~ day of ~_/~u,~,- ,1999. ATTEST: ' ~ DWIGHT E. BROCK, CLERK Attest.es to Chairman's signatfi~e only. BOARD OF COUNTY COMMISSIONERS .... COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER . COUNTY AND AS EX-OFFICIO THE :. GOVERNING BOARD OF::THE COLLIER OR: 2518 ?6: iI~'/Z ~ FEB 2 3 1999 EXHIBIT "A" Lot 4, Block 5, in Trail Acres Subdivision as recorded and platted in Plat Book 3, ~age 50, Collier County Records. This property is sold subject to an existing oil and gas lease and conveys one-half of the oil and mineral rights. Prepared by: Thomas C. PalmerT¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441622 OR: 2518 PG: 1873 RBCORD~D in O~FICIAL R~¢ORB~ of COLtlBR COUN?Y, FL 03/02/1999 at. 11:53A!( OiilGltT R. BROCI[, CLBRI Retn: CLRRK TO TH~ BOARD IH?SROE~IC! 47H FLOOR 7240 R~¢ F~! 10.50 COPIES 2,00 FEB 2 3 999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Rita A. Smith 4032 New Moon Ct. Naples, FL Bearing the date of the August 21, 1992, recorded in Official Record Book 1746 Page(s) 1320, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred sixty dollars and five cents ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 53351040009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of '~~p~/ , 1999. (J ATTEST: DWIGHT E. BROCK, CLERK Attest slgnatt:r¢ BOARD OF COUNTY COMMISSIO~I~RS COLLIER COUNTY, FLORIDA;'A~'THE~ ..... ',... GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO__CT PAMELA S. MAC'KIE, CHAIRWOMAN ..:: *** OR: 2518 PG: 1874 *** EXHIBIT "A" Lot 31 and the North ~ of Lot 32, Lake Kelly, subject to the Plat recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer"~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441623 OR: 2518 PG: 1875 RRCORDRD in OFFICIAL RR¢OBDS of COLLTBR COUNTY, ~L 03/02/1999 a~ 11:53~ DNIGffT ~. B~OC[, CLS~[ aetn: CLBRK TO THB BOAQD IHfBROHIC~ 47H ~LOOB 7240 HC H! 10.50 COPIES 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Heide N. Freisenbruch 3328 Timberwood Circle Naples, FL Bearing the date of the October 14, 1993, recorded in Official Record Book 1875 Page(s) 0545, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00258360000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmar~directs executioD and recording of this Satisfaction of Lien, by action of the Board this ~c~::~'Oday of'~c3ft~u~,- ,1999. ATTEST: DWIGHT E. BROCK, CLERK signature onl$. :~ BOARD OF COUNTY coMMISsIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE ' GOVERNING BOARD OF THE COLLIER. P'AMELAS. MAC'KIE, eHA'IRwoM~I~I ..... "'"'"'"":: 2518 PG: 18'lb 1999 EXlIIBIq' "A" DESCRIPTIOtl OF PARCEL PART OF THE SOUTII tlALF OF TIlE I~OR'FII IIALF OI' TIlE WEST tlALF OF TIlE SOUTIIWEST OUARTER OF SECTION ]3, ]'Ot4NSIllP ti9 ~DUT}I, [tAt~GE 2,~ EAST, COLLIER COUNTY, FLORIDA, ~IEING IIORE PARTICULARLY DESCRIBED AS FOLLOWS.' COIIHENCZNG AT TIlE SOUTIIHEST CONNER OF SAID SOUT, IIALF OF THE NORTII HALF OF TIlE WEST IIALF OF TIlE SOUTIIWEST OIJAnTER OF SECTIOII 13, SAID POINT BEING A POINT OH TIlE WESTE.qLY LINE OF A ]00' COLLIER COUNTY CANAL RIGIIT-OF-WAY! THENCE SOUTlt 89° 2G' 3t" EAST ALONG TIlE SOUTtIERLY LINE OF SAID SOUTII IIALF OF I'tlE NORTil tlALF OF TIlE NEST tlALF OIr THE SOUTIIWEST OUARTER OF SECTION ]~, A DISTANCE OF LtfG.kILt FEETI THEHCE LEAVING SAID SOUTHERLY LINE [~ORTII O' ~.~' 29" EAST FEET TO THE POINT OF BEGINNING OF PARCEL 33~8 IIEREItl BEING DESCRZBED~ THENCE CONTINUE NORTtl O' 33' 29" EAST 3~.OLt FEET~ T!IENCE NORTIt 89' 2G' 31" 1JEST 51.25 FEET~ T}I~NCE SOUTtl O' 33" 29" IJEST 31.04 FEETm TtlENCE SOUTH 89' ~G' 31" EAST 5.~.25 FEET TO TIlE POINT OF BEGINNING OF PARCEL 3328 II£flEIN DEScnlnEn~ CONTAIIIING 1.'391 SOUARE FEET OF LAIID IIORE OR LESS! SIII1JECT TO EASEl'lENTS AND RESTRICTIONS OF RECORI). Prepared by: Thomas C Palmer~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441624 OR: 2518 PG: 1877 HCORD~D in OHICIAL HCORDH of COLLINI{ COUN?Y, 03/02/1999 ~t II:§3AM DWIGHT B. BROCK, CLNRK Ret. n: CLBRK YO ?H! BOARB INTNRO~EIC! 4TH ~LOOR BXT 7240 HC FBI 10.50 COPIBH 2.00 FEB 2 3 i999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Thomas J. Shamrock 170 Jeepers Drive Naples, FL Bearing the date of the April 17, 1992, recorded in Official Record Book 1707 Page(s) 0659, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred rift,/nine dollars and sixt7 six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 53401400007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap, directs executio~p and recording of this Satisfaction r O of Lien, by action of the Boa d thi~ day of ~-c.~fL~,~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK Attest:as tO Chafrean's :: signafJUre caly.. BOARD OF COUNTY COMMISSIONERS"'".... COLLIER COUNTY, FLORIDA, AS THE " GOVERNING BODY OF COLLIER ' '- COUNTY AND AS EX-OFFICIO THE : GOVERNING BOARD OF :THE COLLIER ' : *** OR: 2518 PG: 18~!8 ~ FEB 2 3 1999 EXHIBIT "A" Lot 36, LAKESIDE MOBILE ESTATES, according to the Plat thereof, recorded in Plat Book 9, Page 99, of the Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer'Tr' ~7~_...,. Assistant County Affor'n'ey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441625 OR: 2518 PG: 1879 HCORI)BD iii 0FHCZAL HCORD,q of~ COLI, IBR couIl'rT, FL 03/02/2999 at, 11:53A!( DWTGIif ~. BROCX, CT,SEX Retn: CLBRK fO ?HB BOARD IHfBROHICR 47fl FLOOR 10.50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Albert B. Hogan and Irene Hogan, husband and wife 2664 Francis Avenue Naples, FL Bearing the date of the April 24, 1992, recorded in Official Record Book 1709 Page(s) 1316, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 61834280006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairme~q~directs executioj3 and recording of this Satisfaction of Lien, by action of the Board this~ day of ~3~/ , 1999. ATTEST: DWIGHT E. BROCK, CLERK '-Attest .as to haleean's ,' BOARD OF COUNTY COMMISSIONERS,,,,,,, COLLIER COUNTY, FLORIDA,AS THE '".,. GOVERNING BODY.OF COL. LIER'~, COUNTY AND AS EX-OFFICIO THE ~ : GOVERNING BOARD OF THE COLLIER r, ' I TRICT CO TY WATER-SEWER !~ :- iSAMELA S. MAC'KIE,'CH/[,IRWOMAN ,,.,,',':': *** OR: 2518 PG: 1880 *** FEB 2 3 1999 EXHIBIT "A" All that tract or parcel of land lying and being within the boundariesofLot 32 of Naples Grove and Truck Co's Little Farms No. 2, according to a plat there- of recorded in Plat Book 1, Page 27, of the Public Recx)rds of Collier County, Florida Prepared by: Thomas C. Palmer"]Cj3~.....-- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2 [41626 OR: 2518 PG: 1881 RBCORDBD in OHICIAL RBCORD8 of COLLIBR COUNTY, 03/02/1999 at II:§3AM DWIGHT N. BROCK, CLBRK Retn: CLBRK YO THB BOARD INTBROEEIC! 4TH ELOOR BXT 7240 RBC EBB 10,50 COHBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: David A. Hinkle and Lynn C. Hinkle, Husband and Wife 997 Bluebird Street Naples, FL Bearing the date of the November 4, 1991, recorded in Official Record Book 1660 Page(s) 1732, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 32483680002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman.directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ~z~3{ e~- ,1999. U A'I-rEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONE .R.S COLLIER COUNTY, FLORIDA,' AS THE'"" GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE . GOVERNING BOARD OF THE COLLIER · PAMELA S. 'M~C'KII~, cI~AIRWOMAN ,,::,' *** OR: 2518 PG: 1882 FEB 2 3 1999 EXHIBIT "A" Lot 14, Block E, FLAMINGO ESTATES , according to the map or plat thereof as recorded in Plat Book 10, Pages 34 and 35, in, the Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer ~. Assistant County ^t~orney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 24Zt1652 OR: 2518 PG: 1953 RRCORDBD in O~IClAL R~CORDS of COM, IRR COUN?Y, ~L 03/02/1999 al; 12:14PM DWISH? R. BROCK, CLBRK Retn: IN?BRO~FICB 7240 RNC ~B! 10.50 COPIBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Vicente Diaz and Minervina R. Diaz, husband and wife 3988 Coconut Circle N Naples, FL Bearing the date of the November 4, 1991, recorded in Official Record Book 1660 Page(s) 1740, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26630360000 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman_, directs execu~ and recording of this Satisfaction of Lien, by action of the Board this~/~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS.',,, COLLIER COUNTY, FLORID.A;'AS THE GOVERNING BODY OF COLLIER . COUNTY AND AS EX-OFFiCIO THE GOVERNING BOARD OF -THE COLLIER RICT 'PAMELA S. MAC'KIE: CH/AIRWoM~N ,,., .. *** 0~: 2518 PG: 1954 EXHIBIT "A" Lot 13, Block B, Unit 2, of that certain subdivision known as Coconut Grove according to the plat thereof recorded in the office of the CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA in plat book 4, page 87. Prepared by: Thomas C. Palmer i-~.~~ Assistant County At[orney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441653 OR: 2518 PG: 1955 RBCORDND in O~lClAL RECORDS of COI, LI~{R COUNTY, 03/02/1999 aL 12:IIPM DWIGB! {{. BROCK, C{.BRK CLRRK TO TI{B BOARD INTBRO~IlCB 4TH ~LOOR BlT 7240 RRC H! I0.50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: Arne Halgeir Skarstad and Janice IL Skarstad, husband and wife "AArne (Hal) Skarstad, said attorney" 4441 Flamingo Drive Naples, FL Bearing the date of the November 5, 1991, recorded in Official Record Book 1661 Page(s) 1325, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 32488800007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma. g.n, directs exec~t~n and recording of this SatisfactiOn of Lien, by action of the Board this~ day of ~1~.1'~, ,1999. .' i O ATTEST: DWIGHT E. BROCK, CLERK Attest :to',Cha tman' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA~ AS THE. GOVERNING BODY OF coLLIER. COUNTY AND AS EX-OFFICIO THE' " GOVERNING BOARD OF THE COLLIER COU WATER-SEWER DIS~T ICT EXHIBIT "'A" Lot 35, Block H, Flamingo Estates, according to plat in Plat Book 10, Pages 34 and 35, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer ~¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441654 OR: 2518 PG: 1957 R~CORDBD in O~ICIAL RRCORD$ O[ COL&I~g C01~!i?¥, FL 03/02/1999 at 12:N~N DWIGHT B. BROCL CL~R[ Retn: INf~QOHIC~ 47~ [LOOR HT 7240 10,50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: June M. Grasley 4021 Coconut Circle S Naples, FL Bearing the date of the November 8, 1991, recorded in Official Record Book 1662 Page(s) 185 l, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26682440004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK lttest,,a~ to :Chatr~ / BOARD OF COUNTY COMMISSIONER~'".,, ' COLLIER COUNTY, FLORIDA, AS THE' '., GOVERNING BODY OF COLLIER ". COUNTY AND AS EX-OFFICIO THE ' ?. GOVERNING BOARD OF:THE cOLLIER ~ * . !:' COUNTYWATER-SEWER D/ISTRICT ~ ''~' ?. PAMELA S. MAC'KIE, CHKIRWOMA~: ;,.,.,.,.,.'.'" *** OR: 2518 PG: 1958 *** FEB 2 3 1999 EXHIBIT ""A" Lot 4, Block E, COCONUT GROVE, Unit 13, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer T'¢ I,~.__..-* Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441655 OR: 2518 PG: 1959 RB¢ORDBD in OFFICIAL RRCORDS of COLLIBR COUII?Y, FL 03/02/1999 at 12:14P!( D#IGH? B. BROCK, CLgRK Retn: CLERK ?0 ?BE BOARD 10.50 Z.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: Myles Collier JR., and Sharon Lea Collier, Husband and Wife 4033 Coconut Circle S Naples, FL Bearing the date of the November 8, 1991, recorded in Official Record Book 1662 Page(s) 1887, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,250.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26682480006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs executi_lj.On and recording of this Satisfaction of Lien, by action of the Board thi ~'_~f° day of '"y- ~;)f,x~/ , 1999. -O ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS,.,,, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE COLLIER I~AMELA S. MAC:KIE, ~HA~RwoMAN .... '."::"::::" OR: 2518 PG: 1960 *** FEB 2 3 1999 EXHIBIT "A" Lot 5, Block E, COCONUT GROVE UNIT 3, as recorded in Plat Book 5, Page 5, Collier CountY'Public Records of Collier County, Florida.. Prepared by: Thomas C. Palme ~,~ Assistant County ~r~torney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441656 OR: 2518 PG: 1961 HCORDI~D ~n O~EICIAL ~CORDS of COLLIER COUN?~, 03/02/1999 aL 12:14P# D~IGHT ~. BROCK, CLSRK CLBRK TO THE BOARD IN?BROHICS t?H ~LOOR 7240 10.50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreemen, t with the following: Michael A. Rautenkranz and Florinda K. Rautenkranz, husband and wife 4075 Coconut Circle S. Naples, FL Bearing the date of the November 8, 1991, recorded in Official Record Book 1662 Page(s) 1859, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26682520005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma, a~ directs exe~ and recording of this Satisfaction of Lien, by action of the Board this~day of~, 1999. ATTEST: DWIGHT E. BROCK, CLERK ,'lt'r~t as to Cha~'r~an q " '~; i~~, . BOARD OF COUNTY COMMISSIONERS ...... .,. COLLIER COUNTY, FLORIDA. ,"As THE. GOVERNING BODY OF COLLIER ~ " ; COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER : PAMELA S. MAC' KI E, CHAIRwOMAN. ~ ~, ~, :..,'~""' *** OR: 2518 PG: 1962 FEB 2 3 1999 EXHIBIT "A" Lot 6, Block E, COCONUT GROVE, Unit t3, as recorded in Plat Book 5, Page 5, Collier County Public Records. Prepared by: Thomas C. Palmer~.~.~' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441657 OR: 2518 PG: 1963 HCORDBD 1~ OrFICIAI~ HCORDS of COLLIBR COUN?¥, 03/02/1999 at 12:14N DWIGHT ~. BROCE, CLRR[ Rein: CLBR[ ?0 ?RD BOARD IR?~ROFFIC! 47H FLOOR SZf 7240 10.50 COPIN 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Agnes M. Sanford 4000 Guava Drive Naples, FL Bearing the date of the November 21, 1991, recorded in Official Record Book 1665 Page(s) ! 137, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26682880004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmag,.,~irects executi..q.~ and recording of this Satisfaction of Lien, by action of the Board this ;,.~ro day of ~, 1999. - 0 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS,,. COLLIER COUNTY, FLORIDAi AS THE '"'. GOVERNING BODY OF COLLIER '- COUNTY AND AS EX,-OFFICIO THE ": GOVERNING BOARD OF THE COLLIER - COU WATER-SEWER DIS~T ICT :-".- P ,A:N, . ..,.':"::::::' *** OR: 2518 PG: 1964 *** FEB 2 3 1999 EXHIBIT "'A" Lot 15, Block E, Coconut Grove, Unit No. 3, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Collier County, Florida. Prepared by: Thomas C. PalmeCF;~/L----~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441658 OR: 2518 PG: 1965 BRCORDBD in OFFICIAL BBCORD$ o~ COLLIBR COUNT][, FL 03/02/1999 at 12:14PK D~IGB? B. BROCK, CL~RK Retn: CLBRK TO THB BOARD IHTBROFFICB 4TH FLOOR BXT 7240 RBC FEB 10.50 COPISS 2.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme.nt with the following: Joanna H. Flashman, a married woman 3820 Coconut Circle West Naples, FL Bearing the date of the November 21, 1991, recorded in Official Record Book 1665 Page(s) 1189, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26580600001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmac~..d?cts exe~and recording of this Satisfaction of Lien, by action of the Board this.~:~~ day of ¥c1:3'r~. _ , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CO~. SSIONER~ COLLIER COUNTY, FL0~.j :~,, AS THE '" GOVERNING BODY OF~LLIER COUNTY AND AS EX-~(~I~ THE GOVERNING BOARD"~THE COLLIER'... ' COU WATER-SEWER. DIS RIC, T P~OMAN,~~ '" *** OR: 2518 PG: 1966 *** FEB 2 3 ~999 EXHIBIT "A" Lot 15, Block A, COCONUT GROVE, Unit No. 1, according to the plat thereof recorded in Plat Book 4, at Page 69, of the Public Records of Collier County, Florida. ..... "LIH t'f' k.i.i[H ~_,,d , .. , Prepared by: Thomas C Palme Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441659 OR: 2518 PG: 1967 RBCORDSD in OFFICIAL RI{CORDS of COLLIHR COUNTY, FL 03/02/1999 at 12:14P!{ DWIGHT B. BROCK, CLNRK Retn: CLKRK TO TH! BOARD INTBRO~ICB 4TH BXT 72t0 RKC EKB I0.§0 COPIK$ 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Joanna H. Flashman, a married woman 881 Coconut Circle West Naples, FL Bearing the date of the November 21, 1991, recorded in Official Record Book 1665 Page(s) 1237, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26580160004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi,%;.~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK Attest,"as.,~ Cha ~ma~e BOARD OF COUNTY COMMISSIONER'S - '"'... COLLIER COUNTY, FLORIDA, AS TH~ ": GOVERNING BODYOF COLLIER ,/, COUNTY AND AS EX-OFiFIClO THE : ,' P/~MELA S. MAc'KIE, ChAII~w0MAN '"'"" *** OR: 2518 PG: 1968 F'EB 2 3 1999 EXHIBIT "A" Lot 4, Block A, COCONUT GROVE, Unit No. 1, according to the map or plat thereof on file and recorded in Plat Book 4, at P~g? 69, of the Public Records of Collier County, Florida. COON '~* % · Prepared by: Thomas C. Palmel~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441660 OR: 2518 PG: 1969 RRCORD~D in OFfiCIAl, HCORD$ of COLLIgR COUIlTV, 03/02/1999 at 12:ItPK DWIGHT B. BROC[, CLBR[ Retn: CLERK TO ?HR BOARD RBC FBI 10.50 COFIRS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme.nt with the following: Thomas Dickenson, a single man and Joanna Flashman, a single woman as joint tenants with rights of survivorship 1062 Coconut Circle West Naples, FL Bearing the date of the November 25, 1991, recorded in Official Record Book 1666 Page(s) 1594, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26581160003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma. Q, directs execution and recording of this Satisfaction of Lien, by action of the Board this~o~c) day of ~'-o_kDf,x~,~ , 1999. U ATTEST: DWIGHT E. BROCK, CLERK Attest as to si~tur~ BOARD OF COUNTY COMMISSIONERS ';'. COLLIER COUNTY, FLORIDA, AS THE ~ GOVERNING BODY OF COLLIER' COUNTY AND AS EX-OF:FICIO THE GOVERNING BOARD OF THE COLLIER COU~CT PAMELA S. MAC'KIE, CI~IAII~W~3~A~i''~''''''''''''''::::::::''''~ *** OR: 2518 PG: 1970 FEB2 3 ~ EXHIBIT "A" Lot 6, Block C, Unit No. 1 COCONUT GROYE, according to the Plat thereof as recorded in Plat Book 4, Page 69, of the Public Records of Collier County, Florida. . Prepared by: Thomas C. Palmer~ ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441661 OR: 2518 PG: 1971 RBCORDND in 0FHClAL HCORD8 of COLLIH COUNTY, 03/02/1999 at 12:14PM DWIGHT 1. BROCK, CLARK Retn: CLBRK ?O ?H! BOARD INTBROFHC! 4TH FLOOR BXT 7240 HC HI 10.50 COHBB 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Leslie Craig Martin and Deborah Reed Martin 2392 Clipper Way Naples, FL Bearing the date of the November 27, 1991, recorded in Official Record Book ]667 Page(s) 2115, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26735800009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma. J:L_directs execl, ttien and recording of this Satisfaction of Lien, by action of the Board thi~~ day of "~(L~0~, . 1999. ATTEST: DWIGHT E. BROCK, CLERK :! ... AttOt as,, to Chatr~an s~g~jture onlj~. BOARD OF COUNTY COMMISS!ONERG., COLLIER COUNTY, FLORIDA/'~i,S THE ' '".... GOVERNING BODY OF c. OLLIER ":: COUNTY AND AS EX-OFFICIO, THE " GOVERNING BOARD oF THE COLLIER COU WATER-SEWER,DI~S RICT ,.':: *** OR: 2518 PG: 1972 *** FEB 2 3 1999 ExmBIT "A" LEGAL DESCRIPTION Parcel 139, Coconut River, Unit 1, as shown in Plat Book 3, Page 58, public Records of Collier County, Florida, per description as noted below~ Commencing at the Northeast eorner of Section 35, Township 49 South, Range 25 East, Collier County, Florida{ thence along the East line of said Seetion 35, South 0° 42' 05" East 659.40 feet{ thence South 89° 39' 15" West 330.00 feet to the Southeast corner of Lot 81 of Coconut River Unit I according to time plat thereof as recorded in Plat Book 3, Page 58, Collier County, Public Records, Collier County, Florida{ thence along the South line of said Coconut River Unit No. 1, South 89° 39' 15" West 2222.50 feet for time PLACE OF BEGINNING of the Parcel herein described{ thence continuing along the South line of said Coconut River Unit No. 1, South 89° 39' 15" West 88.25 feet{ thence North 0° 05' 50" East 121.00 feet{ thence North 89° 41' 20" East 87.39 feet{ thence South 0° 18' 40" East 120.95 feet to the Place of Beginnings being a part of Lot 96 and a part of Lot 97 of said Coconut River Unit No. 1, Collier County, Florida. Prepared by: Thomas C. PalmerT~{'~, Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 24Z11662 OR: 2518 PG: 1973 RSCOEDBD tn O~HCIAL RRC0RDS 0[ COLLIBR CO~HTY, ~L 03/02/[999 aL 12:N~H DNIGHT S. BROC[, CLRRK RSC ~SB 10.50 C0PIBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Errol J. St. John and Margaret L. St. John, husband and wife 1300 Delmar Lane Naples, F1 Bearing the date of the April 30, 1992, recorded in Official Record Book 1711 Page(s) 2177, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thi~"y cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 24831720001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairm~,i.rects execu, q_q~,n and recording of this Satisfaction of Lien, by action of the Board this===J~o day of'~-, e~ ~'y_~,~.. ,1999. ATTEST: DWIGHT E. BROCK, CLERK ~ttest as to ~h.~an';~fS s~l~tUr~ o.]~/. :... · - ~ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE -. GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF q'HE COLLIER C~~CT /:. .. P/{MELA S, MAC'KIE, ChAI~WOMAN~ :.. OR: 2518 PG: 1974 FE:B 2 3 1999 EXHIBIT "A" Lot 14, Block C, BROOKSIDE SUBDIVISION, Unit 1, according to the plat thereof, recorded in Plat Book 4, Page 72, Public Records of Collier County, Florida. Prepared by: Thomas C. Palme~rt Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441663 OR: 2518 PG: 1975 RSCORD~D ilI O~EICIAt INCORD$ oF ¢OLLIiiR COUII?~, 03/02/1999 at I2:NPK DVlGHT ~, BROCK, CLSRK Retn: CLRR[ TO ?H! BOARD IHT~ROFFICR 47H FLOOR 1240 RBC H! 10.50 COPIB~ 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Harvey E. Hicks and Barbara Hicks, husband and wife 407 Cape Florida Lane Naples, FL Bearing the date of the December 5, 1991, recorded in Official Record Book 1668 Page(s) 2084, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thin7 cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 62365840008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairme~....directs execut,..~n and recording of this Satisfaction of Lien, by action of the Board thi~=~J'~P day of _.~_~~_, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS ...... COLLIER COUNTY, FLORIDA,AS.THE '" GOVERNING BODY OF COLLIER? "" COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER. P,~MELA~/~7/~--~Z~S. MAc'~IE, ~HA(RWoMAN *** OR: 2518 PG: 1976 *** FEB 2 3 '1999 EXHIBIT "A" ...... Lot 96, Block B, NAPLES MOBILE ESTATES, according to 'the plat thereof recorded in Plat Book 10, Page 91, of the Public Reocords of Collier County, Florida. Prepared by: Thomas C. Palmer~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441664 OR: 2518 PG: 1977 HCORDBD in OFHClAL IUtCORD~ o[ ¢OLLIBR COUNTY, FL 03/02/1999 aL Retn: CLBR[ TO THB BOARD IHTBROFHCB 4TH FLOOR axf 7240 RBC FBI 10.50 CO~IBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Debbie Beck 2531 Linwood Ave Naples, FL Bearing the date of the April 1, 1992, recorded in Official Record Book 1701 Page(s) 1089, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 25080640009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma. D~. directs executi~on and recording of this Satisfaction of Lien, by action of the Board this'~ro day of _..~r_.~~, 1999. ATTEST: DWIGHT E. BROCK, cLERK Attar :as to Chaft~an'~. , sttjn~tuv~ only. BOARD OF COUNTY COMMISSIONERS;'.'...,. COLLIER COUNTY, FLORIDA;AS THE '~' GOVERNING BODY OF COI~LIER COUNTY AND AS EX-OFFICIO THE '" " : GOVERNING BOARD OF THE COLLIER : CO~RICT PAMELA S. MAC'KIE, CHAIRWOI~IA.. ~ .. ~ .. .. ,.'' *** OR: 2518 PG: 1978 *** FEB 2 3 1999 EXHIBIT "A" Lot 21, and the Easterly 5 feet of Lots 22 and 23, Block 1, Burdale, in accordance with and subject to the plat recorded in Plat Book 4, Page 2, of the Public Records of Collier County, Florida. Prepared by: Thomas C. Palmei'~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441665 OR: 2518 PG: 1979 HCOltB~D in O~HCIAL H¢ORDS of ¢OLLI~lt COU~?~, 03/02/1999 at 12:14P11 DiilGilT B. BROCK, CLRBK CLBH fO ?HB BOARD HC H! 10.50 CO,lBS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme.nt with the following: Philip D. Lyon and Sharon Lyon, Husband and Wife 3419 Cherokee St. Naples, FL Bearing the date of the December 11, 1991, recorded in Official Record Book 1670 Page(s) 1903, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 74413160000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this"~~3 day of '~b~'u~-,,- ,1999. ATTEST: . DWIGHT E. BROCK, CLERK Att~t as t° Chafn~an · Signature. oal,y, BOARD OF COUNTY cOMMIS. SIONERS .... COLLIER COUNTY, FLORID. A', AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OFiTHE COLLIER .-  RICT : 'PAMELA S. MAC'KIE: CH/AIRWOMAN ..," '""" *** OR: 2518 'PG: 1980 *** FEB 2.3 ]999 EXHIBIT "A" Lot 8, Block E, SG~TH TAMIAMI HEIGHTS, according to the plat thereof as recorded in Plat Book 3, Page 44, Public Records of Collier County, Florida. Prepared by: 0 1 Thomas C Palme Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441666 OR: 2518 PG: 1981 R~CORD~I) in OF]!ICI&L R]~CORD$ of COLLIER COUll~¥, FL Rata: INTBROFFICB 4TH FLOOR 10,50 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Marti Watters Tull and Gerald L. Tull Jr., husband and wife, "Formerly Known As Marti Watters ~' 4800 Palmetto Ct. Naples, FL Beating the date of the June 22, 1992, recorded in Official Record Book 1728 Page(s) 1488, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACItED EXItlBIT "A" FOLIO NUMBER: 61836880006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma. Q, directs exe_cution and recording of this Satisfaction of Lien, by action of the Board thls',=~-'~J day of'~-~¢.~(,~,' ,1999. ATTEST: ., DWIGHT E:t~ROCK, CLERK Attest as to Chafrman'~ s fg~tu~,e o,~I,v. BOARD OF COUNTY COMMISSIONE..RS COLLIER COUNTY, FLORIDA,. A~ 'THi~ ...... ,,.. GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER I~AMELA S. MAC'KIE~ (~HA)i'RWOMAN ,.: FEB 2 3 1999 EXHIBIT "A" The West 100 feet ofLots 60 and 61, inclusive. Naples Grove and Truck Company's Little Farms, Number 2, as recorded in Plat bo~k 1, Page 27, of the Public Records of Collier County, Florida. Prepared by: Thomas C. PalmerT~/~.~ Assistant County Attdrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2 1667 OR: Z518 PG: 198 I[SC01[I)RI) tn 0HIClA~. HC0P, I)S of ¢0LLIH C0[III?Y, FL 03/02/1999 at, 12:lt~K DNIGH'~ S. BBOCl[, C[,S~[ FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreeme,nt with the following: Karen L. Beatty, a single person 3113 Coco Ave Naples, FL Bearing the date of the June 29, 1992, recorded in Official Record Book 1730 Page(s) 1212, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXIHBIT "A" FOLIO NUMBER: 71831280002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmal~_directs exec~utioj3 and recording of this Satisfaction of Lien, by action of the Board this'~;'~~ day of ~cJ:3tt,~,~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS'~'~i~ ........ .... GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE ... GOVERNING BOARD OFiTHE COLLIER P,~.MELA S. MAC'KIE, C~IAIi~WOM AN ..:::: OR: 2518 PG: 1984 FEB 2 3 1999 EXHIBIT "A" The North 15 feet of Lot 39, and all of Lot 40, Block F, SABAL SHORES, according to the plat in Plat Book 4, Page 40, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer I''~ Assistant County A~orney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441668 OR: 2518 PG: 1985 RBCORD~D in 0HICIAL RRC01~DS of C0t],IIR C0UItTL Rein: CLBR[ fO TBB BOARD I~TIROFFIC~ 4TH ELOOR 10.50 2.00 FEB 2 3 ]999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: J. D. Herron and Charlene Herron, husband and wife 3233 Karen Drive Naples, FL Bearing the date of the October 8, 1993, recorded in Official Record Book 1873 Page(s) 0583, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 61839040005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap~.directs executio0 and recording of this Satisfaction of Lien, by action of the Board this~--.).~ day of c.__~3~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS '".. COLLIER COUNTY, FLORIDA, AS THE ': GOVERNING BODY OF COLLIER COUNTY AND AS Ex-OFFICIO THE GOVERNING BOARD oF THE COLLIER *** OR: 2518 PG: 1986 *** FEB 2 3 1999 EXHIBIT "A" Lot 20 of an unrecorded plat of TARPON MOBILE HO}~E PARK, more partic%%larl¥ described ~s follows: Beginnin~ at the Northeast corner of Lot 100, Naples Groves and Truck Co's Little Farms No. 2, according to the plat thereof recorded ill Plat Book ]., Page 27, of the Public Records of Collier County, Florida; thence North 89026'40" West 180 feet to the Point of Beginnino; thence South 0009'00" West 139.0 feet; thence South 89"26'40" East 60.0 feet; t:{{ence ~{orth 0009'00'' East 139.0 feet; thence North 89'26'40" West 60.0 feet to the Point of Be.~inl{ing. Prepared by: Thomas C. Palmeri'lC Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441669 OR: 2518 PG: 1987 lllC01lP]iD in OHIClAL [{RCORDS Of COLLIBIt COUN?~, FL 03/02/1999 at 12:14PN DI~IGH? ~. BItOC[, CLII~[ HC H~ 10.50 Bern: BZT 7240 2.00 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Daisy M. Mizel, widow of Ray Mizell 4841 Cortez Circle Naples, FL Bearing thereof the,,,.._ ,~--"'~- November 25, ]90l, recorded in Official Record Book 1666 Page(s) 1602, ~n the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63102600002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its ChairmaQ, directs exec.utio0 and recording of this Satisfaction of Lien, by action of the Board this~:~__r3(:lay of __~__~(~, 1999. , ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS",... COLLIER COUNTY, FLOR!DA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS Ex-OFFICIO THE GOVERNING BOARD OF THE COLLIER ~MELA S. M-/~C"-KIE, 6"A~W0 ip MAN.'"' 2§18 PG: 1988 · FEB 2 3 1999 EXHIBIT Ail of Lot 1, and the Southeasterly one-half of Lot 2, the Northwesterly line thereof running from a midpoint on the front line to a midpoint on the rear line of said Lot 2; all in Block 7, NAPLES SOUTH UNIT 1, as recorded in Plat Book 4, Pages 89 and 90, of the Public Records of Collier County, Florida. Prepared by: Thomas C. PalmerT-G/~ Assistant County AttOrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441670 OR: 2518 PG: 1989 HCORDID in O~IClltL Rl¢01{I).~ o[ C0I%IRI~ COIIRTY, ~l, 03/0Z/1999 at 12:l{QN DWIGI{T !. BROC[, CLRgK Retn: CLBR[ TO THE BOARD INTBRO~IC! 47H KOOR lit 7110 He H! I0.50 CO,IlS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Wesley B. Brokopp and Joyce G. Brokopp, husband and wife 3047-3049 Gordon St. Naples, FL Beadng the date of the July 15, 1992, recorded in Official Record Book 1735 Page(s) 1729, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of two thousand six hundred three dollars and eighty two cents ($2,603.82), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26831040006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairm~, directs executiog and recording of this Satisfaction of Lien, by action of the Board thi.~~ day of ~ ~l~,-v , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS '"',,. COLLIER COUNTY, FLORIDA;'AS THE ",, GOVERNING BODY OF CO.~LIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER RICT .:'. PAMELA S. MAC'KIE, CI-I/AIRWOMAN: FEB 2 3 1999 EXHIBIT "A" Lot 29, Col-Lee-Co Gardens, according to the plat thereof recorded in Plat Book 1, Page 30, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer~/~{_.-, Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441671 OR: 2518 PG: 1991 RBC0RD~I) :in 0~IClAL R~C0~,I)S 0[ C0LLISR C0~aT~, ~L BeL~: HC H! 10,50 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Dennis G. Bratton and Nancy A. Bratton husband and wife 931 Coconut Circle Naples, FL Bearing the date of the January 3, 1992, recorded in Official Record Book 1676 Page(s) 1312, in the Office of the Olerk of the Circuit Court of Oollier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thi]17 cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26580240005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of '~:-'~f~j, ., 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF'THE COLLIER COUblTY WATER-SEWER DISTRICT ~ ..:::.::'." PAMELA S. MAC'KIE, CHAIRwoMAN .... "'" ; .- OR: 2518 PG: 1992 EXHIBIT "A" Lot 6, Block A, CfXI)NJ3T GROVE, UNIT 1, as platted and recorded in Plat Book 4, Page 69, Public Records of Collier County, Florida. Prepared by: Thomas C. PalmerTr. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441678 OR: 2518 PG: 2012 RBCORDRD ]in O~FICIAL RBCORDS of COLLIBR COUNTY, 03/02/1999 at 12:26PK D~IGH! S, BROCK, CLBRK BBC ~BB Beth: CLBRK TO THB BOARD IHTBROFHCB 4TH FLOOR 7240 10.50 FEB 2 3 f999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Alan S. Jones and Cindy E. Jones, husband and wife 3376 Timberwood Circle Naples, FL Bearing the date of the October 8, 1993, recorded in Official Record Book 1873 Page(s) 1065, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00258963805 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman~directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE' GOVERNING BODY OF COLLIER : COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF:~HE COLLIER .~~l CT , ,,',, .-:' ..,.~. rPAMELA S. MAC'KIE,' *** OR: 2518 PG: 2013 *** FEB 2 3 1999 Pert of tbs ~mth half of tim north ~ of the west half of the nouthwaet quarter or 8notion 13, Township 49 8outb, Range 2~ East, Collier Ce. ney, Florida, being more pertkn~arly deem-lbed u tolknvs~ P..ommmzc:~zg aL the Iouthw~t oozier of said south half of .the north half o! the west ~b~of tbs ~outhweet_quarter of 8eotion 13, sam point b~ing s I~oint on the westerly of · lO0 fact Goliier County ~ right-of-way; t~ Bouth 80°~8'31u flame ~don~ the southerly line of ~ld south ~ of the north ball of tho mt hair of the eouthwest quarter of Section I3) a diet, nco of 100.05 feet to ,n Interse~tkm with tim essterl¥ line of said ctuMJ right-of-wuy; thenco ooutlnuo alou~ said oouthorly line 8outh 89o28'31- Fist 1214.03 thenc~ Joavinf said oouthorly Uno North T°O0'37" West 305.58 foet to the Point of Beghmlng of Purcol 3378 herein being deserib~i: ll~nc, oonUnu. Hm'th 1~0~*~?* #est 51.~ thence flouth 88°$9'23" West 31.04 fo~t; t~ 8outh 1°00'37* East $1,2~ foot; thmnoo North 88069023* Emat 31.04 fo~t to the Point of. Beg:inning e~ Ptrool 33?6 herein ~out&JEtln~ 1691 square fe~t of land, more or less, uub~ct to ee~emente en'J Being Lot No. 224, a/k/a 33?8 Tlmberwood Circle Prepared by: Thomas C. Palmer--~/~ Assistant County Affdrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441679 OR: 2518 PG: 2014 RRCORB]ID in O~IClA[, RBCOiiD8 ot[ COLLIBR COIIlITV, ~L 03/02/1999 at. 12:26PK DrRIGIIT ]. BLOCK, CLRR[ bet.n: CLBRR TO THI BOARD IH?BRO~IC! 4?H 7240 R~C ~! 10.50 CO, IRS 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Ramon Gonzalez, a single man 4035 Estey Avenue Naples, FL Bearing the date of the October 4, 1991, recorded in Official Record Book 1658 Page(s) 1717, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26682120007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmar~d~rects exec t~!~on and recording of this Satisfaction of Lien, by action of the Board this,~..~~ day of __~..~~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIQNERS .... COLLIER COUNTY, FLORIDA,..AS THE GOVERNING BODY OF COLLIER .. COUNTY AND AS EX-OFFICIO THE , ; GOVERNING BOARD OF THE COLLIER . ' PAMELA S. MAC'KIE, CI:-IAII~WOMAN .... .,,'." FEB 2 3 1999 EXHIBIT "A" Lot 40, Block D, COCONUT GROVE, Unit t3, as recorded in Plat Book 5, Page 5, Collier County Public Records2 subject to any reservations, easements or restrictions of record. Prepared by: Thomas C. PalmerT'~/~,------- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441680 OR: 2518 PG: 2016 Retn: HT 7240 OOPIB8 10,50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Dawn S. Stephenson 2248 Clipper Way Naples, FL Bearing the date of the November 22, 1993, recorded in Official Record Book 1886 Page(s) 1904, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and sevent~ five cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26736160007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman,,directs execution and recording of this Satisfaction of Lien, by action of the Board this ~-)~¥Oday of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD Of COUNTY COMMISSIQNER,~.,, COLLIER COUNTY, FLORIDA,.'A'~ THE. ".. GOVERNING BODY OF CO.r'LIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF!THE COLLIER. co IpAMELA S. MAC'KIE, CHAIRWOMAN · *** OR: 2518 PG: 2017 *** FEB 2 3 1999 EXHIBIT "A" Parcel 148, Part of Lots 102 and 103, COCONUT RIVER ESTATES, UNIT NO.. 1, according to plat in Plat Book 3, Page 58, Public Records of Collier County, Florida, more particularly described in O.R. Book 1668, Page 965, attached hereto. Prepared b.y: ~ Thomas C Palme¢'/'C ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441681 OR: 2518 PG: 2018 Retn: CLARK fO IN?~ROP~IC~ 47H 10.50 ¢OPIB$ 2,00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: , Donald D. Patton and Mary Louise Patton, husband and wife 2471 Pine St. Naples, FL Bearing the date of the May 20, 1992, recorded in Official Record Book 1718 Page(s) 0450, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 76210760009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman.,.directs execu_u_~on and recording of this Satisfaction of Lien, by action of the Board this ~ day of ~'~... ,1999. , ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS . '"'.,. COLLIER COUNTY, FLORIDA, AS THE ,. : GOVERNING BODY OF COLLIER ' :' COUNTY AND AS EX-OFFICiO THE ' ': ~'''' GOVERNING BOARD OF *'THE COLLIER COU WATER-SEWER:'DIS/'I' ICT --'."; PAMELA S. MAC'KIE, CHAII:~VVOMAN~,'''''''''' EXHIBIT "A" The North half of Lots 25 and 26, Block 4, of W. H. Surrency's Subdivision, as shown on the plat thereof recorded in Plat Book 1, Page 28, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmel~. ~L... Assistant County A{torney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 ?-441682 OR: 7.518 PG: 2020 RBCORDBD in O~FI¢IAL RBC0RDS of ¢OLLNR 20UWTI[, FL 03/02/1999 at 12:2~PK DWIGHT ~. BBOC[, CUB[ 10.50 2.00 Retn: CLBRK TO THB BOARD IN?BROFFICB 4TH FLOOR 7240 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' C. Richard Hofmann, a single man 2616 Clipper Way Naples, FL Bearing the date of the September 4, 1991, recorded in Official Record Book 1645 Page(s) 1029, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred fon'y dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26735240009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this~=)~Oday of~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMIS'~IONERS '"'.;~ COLLIER COUNTY, FLORIDA,. AS ,THE GOVERNING BODY OF COLLIER '. :'- COUNTY AND AS EX-OFFICIO THI~ GOVERNING BOARD OF THE COLLIER CO~TRICT ' ~" PAMELA S. MAC'KIE, CHAIRWOMAN=','"""' FEB 2 3 1999 EXHIBIT "A" Description of part of Lot 88 of Coconut Grove Unit No. 1 (P.B. 3, P. 58) collier Cou. nty, Florida for Manchester Investments, Inc. . ~ommencing at the Northeast corner of Section 35, Township 49 South, Range 25 East, collier county, Florida; Thence along the East line of said Section 35, South 0.-42'-05" East 659.40 Feet; Thence South 89°39' 15'"'W~st 330.00 feet to the Southwest corner of Lot 81 of Coconut River No. 1 according to the plat thereof as recorded in Plat Book 3, Page 58, collier County public Records, Collier Count~, Florida; Thenca along the South line of said Coconut River Unit No. 1, South 89"39'15" West 997.5~ feet for the place of beginning of the parcel herein described. Thence continuing along the South line of said Coconut River Unit No. 1, No. 1, South 89"39'15" West 87.50 feet; thence North 0").8'40" West 120.26 feet; thence North 89"41'20'~' East 87.50 feet; thence South 0°18'40" East 120.21 feet ~o the Place .)f Beginning; being a part of Lot 88 of said Coconut River Unit No. 1, Collier County, Flori6 Prepared b.y: ~ Thomas C Palme!~'~-"~,.._ Assistant County ~orney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441683 OR: 2518 PG: 2022 03/02/1999 at 12:26~K DWIGHT ~. B~OC~, C~lB~ CLBR[ TO ?H! BO~D BXT 7240 10,50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Frederick D. Kieck and Judith Kieck husband and wife 2696 Clipper Way Naples, FL Bearing the date of the October 4, 1991, recorded in Official Record Book 1658 Page(s) 1765, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of one thousand three hundred forty dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26735040005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmao,.directs exequtign and recording of this Satisfaction of Lien, by action of the Board this ~day of __~_~a~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS.,., ' COLLIER COUNTY, FLORIDA;' AS THE '~ GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE ,;~: GOVERNING BOARD OF THE COLLIER PAMELA S. MAC'KIE, CHAIR'WOMAN ,,,,..': ":' *** OR: 2518 PG: 2023 1999 Description of part of Lot 85 of Coconut River, Unit No. 1 (P.B. 3, page 58) Collier County, Florida. (PARCEL 120) Commencing at the Northeast Corner of Section 35, Township 49 South, Range 25 East, Collier County, Florida; thence along the East line of said Section 35, South 0o-42'-05'' East 659.40 feet; thence South 89°-39'-15'' West 330.00 feet to the Southeast Corner of Lot 81 of Coconut River Unit No. 1 according to the Plat thereof as recorded in Plat Book 3, at Page 58, Collier County Public Records, Collier County, Florida; thence along the South line of said Coconut River Unit No. 1, South 89© 39'-15" West 560.00 feet for the PLACE OF BEGINNING of the Parcel herein described; thence continuing along the South line of said Coconut River Unit No. 1, South 89o-39'15'' West 87.50 feet; thence North 0o-18'-40TM West 119.99 feet; thence North 89o-41'-20" East 87.50 feet; thence South 0°-18'-40" East 119.94 feet to the Place of Beginning; being a part of Lot 85 of Said Coconut River Unit No. 1, Collier. county, Florida. Subject to an easement over the South 10.00 feet thereof. Prepared by: A/ Thomas C. Palmer-~ Assistant County Attdrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441684 OR: 2518 PG: 2024 R~C0RI)BD in OF~ICI~t RBCORBS of COLLIBR ¢01Jlifl, HC FS! 10,50 COPIBS 2.00 Retn: CLKR[ TO TH! BOARD IHTSRO~FICB 4TH FLOOR SZT ?240 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Gilbert Greenwell and Betty Grccnwell, Husband and Wife 101 4th Street Naples, FL Beadng the date of the September 23, 1991, recorded in Official Record Book 1049 Page(s) 1510, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred forty dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 77213760005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap,.dljrects execution and recording of this Satisfaction of Lien, by action of the Board this'..~ day of .'~6a_~,~ ,1999. ' ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONER'S,,, COLLIER COUNTY, FLORIDA, AS THE i "'" GOVERNING BODY OF COLLIER ,,,. ;~'.~'~ COUNTY AND AS' Ex'OFFICIO GOVERNING BOARD OF THE coL~.IER PAMELA S. MAC'KIE, CHAIRWOMAN ; ; .- : ,- *** OR: 2518 PG: 2025 *** FEB 2 3 1999 EXHIBIT "A" Lots 17 and 18, Block 5, Trail Acres Subdivision, as recorded in Plat Book 3, Page 50, Public Records of Collier County, Florida. Prepared by: ~ ! Thomas C. Palmef'~/~ Assistant County Attdrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441685 OR: 2518 PG: 2026 03/02/1999 at 12:26~H D¥IGH? ~. BROCK, CLARK RBC ~RR 10.50 ¢OPIBS 2,00 Retfl: CLARK TOY 1 I! BOARD HnRomCS FLOOR '£B2 3 999 H? 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM iMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Jennifer J. Oss, a single woman 2600 Cliper Way Naples, FL Bearing the date of the Ausust 27, 1991, recorded in Official Record Book 1643 Page(s) 1337, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred £o~ dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26735280001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of _~a~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY cOMMIS. SlONERS ',,,. COLLIER COUNTY, FLORIDA; ASTHE , ""... GOVERNING BODY OF COLLIER '* '~, COUNTY AND AS EX-OFFiCIO THE .... -... GOVERNING BOARD OF ..THE COLLIER C T ~,MELA S. MAC'KIE, CHAI~WO P MAN *** OR: 2518 PG: 2027 *** FEB 2 3 1999 EXHIBIT "A" Description of Part of Lot BB and a Part or Lot 89 or £ocunut River Unit ~o. q (Plat Book 3, at Page 5BT Collier County, Florida. (Parcel 126) .Commencing at the Northeast Corner of Section 35, Township ~9 South, Thence Along the [bst Line oF Said Section 35~ South O Degrees-a2, 05" East 659.a0 Feet; Thence South B? Degrees-39'-lS" West 330.00 Feet Lo the Southemst Corner or Lot 81 or Cocu.ut ,iver ,).it ,o. 'l ~cco~d, nq to ~ ~l~t Thence along the South Line off sa~d' ~ocunut Hirer Unj[ No. South 89 Oegrees-~9'-15" West 108~.00 Feet For The Place OF BeqlnninQ of ~he parcel hereln desc=ibed; Thence continuing along the South Line OF Said Cocunut River Unit No. 1, South 89 Degrees-39'-1~" U~st 81~0 Feet) Thence North 0 Degrees-18'-b0" West lhence North 89 Degrees-b1'-20" East B7.50 Feet;.. lhence South 0 Degrees-lB'-aO" East 120.26 Fee~ ~o the Place Of Beginning; Being = Part of Lot BB and a part oF Lot B9 of said Cocunut River Unit No. 1, Collier County, Florida; Subject to an Easement over the South 10.00 Feet Thereof. Prepared bY;almer.~C Thomas C. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441686 OR: 2518 ZUZ RBCORDBD ill OFFICIAL RBCORDS of COLLIRR COUIlT~, FL 03/02/1999 at 12:26PK D~IGHT ~. BROCK, CLBRK RBC FBB 10.50 COPIES 2.00 Rein: CLERK TO ?HR BOARD IHTBROFFXCB 47H FLOOR BZT 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Robert N. Hoffman and Joy B. Hoffman, husband and wife 4921 Aztec Circle Naples, FL Bearing the date of the October 14, 1991, recorded in Official Record Book 1656 Page(s) 1105, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred forty dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 63100960003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma[h directs execution and recording of this Satisfaction of Lien, by action of the Board this.~.~ day of .~3fff. a~.~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CdMMI.S.,SIONERS. COLLIER COUNTY, FLORI.DA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE'~ GOVERNING BOARD OF THE COLI"iER C~2CT.. :' PAMELA S. MAC'KIE, CHAIC{WOM~,N ,..,'.':":: *** OR: 2518 PG: 20~-9 ~,x FEB 2 3 ]999 EXHIBIT "A" Lot 3, Block 4, Unit 1, NAPLES SOUTH, Official Record Book 4, Pages 89-90, Collier County, Florida. Prepared by: Thomas C. PalmerT~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441687 OR: 2518 PG: 2030 RKCORDgD in OFFICIAL RllCORD~ of COLLIKR COUN?¥, IL 03/02/1999 at IZ:I6PK OilGR'f ~. RROCK, CLIRK RBC FKK 10.50 COPIB$ 2.00 Ret~: CLKRK TO fH! ROARR INTBROFFICK tTH FLOOR RXT 7240 FEB 2 3 ]959 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Joseph F. Kelly and Debera Kelly, husband & wife 1590 Silver Sands Avenue Naples, FL Bearing the date of the July 1, 1993, recorded in Official Record Book 1843 Page(s) 0348, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five cents ($1,$00.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 33431440002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmarkd_irects execut~gn and recording of this Satisfaction of Lien, by action of the Board thi~ day of_~./__(a;bF~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMI .SSIONERS,,.. COLLIER COUNTY, FLORI.DA, AS THE GOVERNING BODY OF QOLLIER " COUNTY AND AS EX-OFFICIO THE .* GOVERNING~~BOARD OF THE coLLIER/.. PAMELA S. MAC'KIE, CHAIRWOMAN ,,,,.,,'.'"" *** OR: 2518 PG: 2031 *** FEB 2 3 ]999 EXHIBIT "A" Lot 33, FOUR SEASONS, according to plat tn Plat Book Pages 95, 96 and 97, Public Recorda oE Collier County, Flor/da. Prepared by: Thomas C. Palmer"~/~----"" Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441688 OR: 2518 PG: 2032 RBCORDBD in OFFICI~,L RBCORDS of COLLIBR COUNTY, FL 03/02/1999 at; 12:25PH BWIGH? I. BROCK, CLBH COPIB8 2.00 Retn: CLBH fO ?H! BOARD IN?BROF~ICB 47E FLOOR BXT 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Bruce E. Keene, a single person 939 Coconut Circle E. Naples, FL Bearing the date of the October4, 1991, recorded in Official Record Book 1658 Page(s) 1745, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred forty dollar~ ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: / SEE ATTACHED EXHIBIT "A" ~ FOLIO NUMBER: 26680480008 Collier County, a political subdivision of the State pf Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma[~directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of .~_/~ura,,~. ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMIS. SIO'NERg' "'. .... COLLIER COUNTY, FLORIDA, AS THE .... GOVERNING BODY OF C.O'LLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF,;."rHE COLLIER ': ',, ,,' P~MELA S. MAC'KIE, ~HA~WOMAN.~.i OR: 2518 PG: 2033 EXHIBIT "A" Lot 22, Block C, Coconut Grove, Unit No. 3, According to plat in plat book 5, page 5, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer/'y~ Assistant County AltoS'ney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441689 OR: 2518 PG: 2034 RICORDBB 11~ OFFICIAL RRCORD,~ of COLLIBR COUNTY, FL 03/02/1999 at 12:26FX DWIGIlT K, BROCK, CLRRK RBC FEE 10.50 COMBS 2.00 Retn: CLIRK T0 TH! BOARD INTSROFFICB 4TH FLOOR BIT 7240 FEB 2 3 999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Juan I. Concepcion and Lazara Concepcion, husband and wife 4036 Lotus Drive Naples, FL Bearing the date of the October 16, 1991, recorded in Official Record Book 1658 Page(s) 1681, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred forty dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 2668080002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman_directs exec~3~ and recording of this Satisfaction of Lien, by action of the Board this~t:~ day of ~/~t _~.. ,1999. A'I-I'EST: DWIGHT E. BROCK, CLERK s~natui,e on~.y. ~-, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDAi'AS THE. '"'. GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OFiTHE COLLIER RICT PAMELA S. MAC'KIE, CHAIRWOMAN *** OR: 2518 PG: 2035 FE'B 2 3 1999 EXHIBIT "A" Lot 32, Block C, COCONUT GROYE, Unit t3, according to the plat there- of recorded in Plat Book 5, Page 5, Public Records of Collier County, Florida. Prepared by: · Thomas C Palmer'TI, Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441690 OR: 2518 PG: 2036 HCORDBD in O~FICIAL HCORDS of COLLIBR COI~N?¥, FL 03/02/1999 a~ 12:26E!! Diil$1tf ~. BROC[, CLSR[ RBC H! 10.50 COPIBS 2.00 Retn: CLBRK TO ?HB BOARD IN?BROFFICB 47H FLOOR 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Thomas S. Bastys and Patricia E. Bastys, Husband and Wife 900 Coconut Circle E. Naples, FL Bearing the date of the November 8, 1991, recorded in Official Record Book 1662 Page(s) 1871, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nme dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26681320002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman_. directs exec tutjot3 and recording of this Satisfaction of Lien, by action of the Board this ~.)~.~ day of ._~__.~y/__~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY coMMIssIONERS:. COLLIER COUNTY, FLORIDA, AS THE '.. GOVERNING BODY, OF C~LLIER ,. ...:. COUNTY AND AS Ex-oFFIcIO THE GOVERNING BOARD OJ~ THE COLLIER CO~ WATER-SEWER D~xTRICT PAMELA S. MAC'KIE, CHA'IRWOMAN . *** OR: 2518 PG: 2037 *** FEB 2 3 1999 EXHIBIT "A" Lot 16, Block D, COCONUT GROVE, Unit No. 3, according to the Plat thereof, recorded in Plat Book 5, Page 5, of the Public Records of Collier County, Florida. Prepared by: Thomas C. Palme Assistant County A~orney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441691 OR: 2518 PG: 2038 HCORD~O in OFFICIAL HCORDS o[ COLLIBR CO~N?~, ~L 03/02/1999 at 12:26~N DWIGH? ~, BROC[, CLHK RBC ~l! 10.~0 Rets: C0PZBa 2.00 C~BR[ ?0 ?fib BOARD m-omc LOOR FEB 2 3 H? 7210 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Gordon F. Wellman and Beverly M. Wellman, husband and wife 2201 Outrigger Lane Naples, FL Bearing the date of the August 16, 1991, recorded in Official Record Book 1640 Page(s) 1443, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred forty dollars ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00269160008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman~directs executu~_n and recording of this Satisfaction of Lien, by action of the Board this:~.)~~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMM.IS~IONER~'"".. COLLIER COUNTY, FLORIDA', AS THE. " GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE,",, GOVERNING BOARD OF THE COLLIER ~lCT'. F:frAMELA S. MAC'~IE, (~HA~RWOMAN *** OR: 2518 PG: 2039 *** FEll 2 3 EXHIBIT "A" DESCRIPTION OF PART OF THE #ORTH~d~ST 114 OF SECTION 35, T0~tlSHIP kg SOUTH, K'~HGE 25 EAST, COLLIER COUNTY, FLORIDA. (PARCEL 201) CO~EHCIHG AT THE NOKiHEAST CORNER OF SECTIOH 35, TOUNSHIP 49 SOUTH, K~NGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LIHE OF SAID SECTION 35, SOUTH 0°-~2'-0~' EAST FEET; THENCE ALONG THE SOUTH LINE OF COCOHUT RIVER UNIT HO. I ACCORDIHG TO THE FLAT THEREOF AS RECORDED IH PLAT BOOK 3, AT PAGE ~, COLLIER COUNTY PU3LIC COLLIER COUNTY, FLORIDA, SOUTH 89'-39'-15" UEST 26~0.75 FEET; THENCE COHTINUIHG A~0NG THE SOUTH LIHE OF SAID COCONOT RIVER UNIT HO. SOUTH 89"!~'-1~* I~ST ~.Z5 FEET FOR THE PLACE OF BEGIHNING OF SO'~LLED PAKC£L 201 HEREIN DESCRIBED; THENCE SOUTi*I O°-i5'-~0" EAST 120.00 FEET TO THE HORTH LINE OF TYtAT ROAD RIGHT-OF-WAY DESCRIBED DY ~liT CLAI~ DEED RECORDED IH OFFICIAL RECORDS BOOK 50], PAGES ~O AND ~l, COLLIER COUNTY PUBLIC RECORDS; THENCE JU. ONG THE HORTH LINE OF SAID ROAD KIGHT-OF-UAY~ SOUTH 8~°-~-20" VEST IOO.OO FEET; THENCE NORTH O°-15~-~O" VEST I20.OO FEET; THENCE ALOHG THE SOUTH LIHE OF SAID COCOHUT RIVER UNIT HO. 1, · NORTH 89°-~k~-2~* EAST I00.OO FEET TO THE PLACE OF BE~IHNING; BEIHG A PA~T OF THE ~ORTh"~EST ~/k OF SECTION ~5, T0~SHIP ~ SOUTH, KAHGE 25 EAST, COLLIER COUNTY, FLORIDA; SdB. JECT TO AN EASEHENT OVER THE HORTHERLY IO.OO FEET THEREOF; SUBJECT TO Ag EASEMENT FOR PUBLIC UTILITIES OVER THE UESTERLY 15.00 FEET T~EREOF. m Oflve~a! Re~ ~AM£5 C, G~L( Prepared by: Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441692 OR: 2518 PG: 2040 HCORDIID in 0FI~ICIAL RBCORDS of COLLIBR COUNTY, FL 03/02/1999 at 12:267K DWIGHT Ii. BROCK, CLBH HC H! 10,50 COHB~ 2.00 Beth: CLBRR TO THB BOARD IHTHOFFICB 4TH FLOOR 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' YMCA of Collier County, Inc., a Florida corporation, (hereinafter "Owner") 5450 YMCA Rd Naples, FL Bearing the date of the August 6, 1991, recorded in Official Record Book 1639 Page(s) 1536, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of fifty nine thousand seven hundred eighty dollars ($59,780.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 00255880004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this~L~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISS..i0NER$,,., COLLIER COUNTY,' FLORID. A;'AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OF[ICIO THE GOVERNING BOARD OF:THE COLLIER ~AMEL~-S. ~I~C"TKIE, ~H~RW~.,MAN OR: 2518 PG: 2041 FEB 2 3 1999 EXHIBIT "A" Lands situated, lYing and being in Collier County, Florida, described as follows: ~ The North half of the SE ~ of the SW ¼ of the SW % and;?=~the NE % of the SW % of the SW ¼ and the North. 30 feet of the SW % of the SW % of the SW % and the South 30 feet of the NW % of the SW % of the SW %. of Section 12, Township 49 South, Range 25. East, of Collier County, Florida AND The South half of the SE % of the SW ¼ of the SW % of Section 12, Township 49 South, Range 25 East, Collier County, Flo~da. /- LESS AND ~XCEPT the South 75 feet of the South ½ of the SE %. of the S}~ % of the SW % of Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1.193 acres, more or less. Prepared by: Thomas C Palme ¢ Assistant County Ar'~Ctorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441693 OR: 2518 PG: 2042 HCOItDI~D ia OFFICIAL HCORDS O~ COLLIBR COUliT~, 03/02/1999 a~ 1Z:26PN D~I~HT !. BROCL CLIH Retn: CLBR[ TO THB BOARD INTRROFFICR 4TH FLOOR HT 7240 10,50 2.00 FEi] 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: , Accla Chiong 3915 Lotus Drive Naples, FL Beadng the date of the October 11, 1991, recorded in Official Record Book 1662 Page(s) 0825, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand fi~;c hundred dollars and thi~ cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26630160006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, 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, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmap,,d~i.r_ects exec~ti~ and recording of this Satisfaction of Lien, by action of the Board thi,~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK "~ ~test as t~ Charmer's BOARD OF COUNTY COMMIS'SIONER~'",. COLLIER COUNTY, FLORIDA, AS THE '"' GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE* GOVERNING BOARD OF THE COLLIER .,, ,,,,,,q J~""~"~" *** OR: 2518 PG: 2043 *** FEB 2 3 ~999 EXHIBIT Lot 3, Block B, COCONUT GROVE, UNIT ~2, according to the Plat there- of, recorded in Plat Book 4, at Page 37, of the Public Records of Collier County, Florida. Prepared by: Thomas C. PalmerT~ ~ Assistant County A~t°~ney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2441694 OR: 2518 PG: 2044 RICORDBD ~n OFFICIAL RICORDS of COLLIBR COUNTY, FL 03/02/1999 at 12:26PM DWIGH? L BROCK, CLERK REC FB! 10.50 CO?lES 2.00 ~etn: CL~E TO THE BOARD ZN?HROFFrC! 47H FLOOR m mo 3 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Carlos E. Cardoso and Ileana I. Cardoso, Husband and Wife 4024 Guava Drive Naples, FL Bearing the date of the October4, 1991, recorded in Official Record Book 1656 Page(s) 1065, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26682840002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmal~, directs execution and recording of this Satisfactior~ of Lien, by action of the Board this~ 'l)t'o day of ~_~,_ ,1999. '?~ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY:OF COLLIER ' COUNTY AND AS EX-OFFICIO THE' GOVERNING .BOARD OF THE~ COLLIER C TY WATER-SEWER ~RIC~ PAMELA S. MAC'KIE~ CH/AIRWOMAN . OR: 2518 PG: 20~b xxx FEB 2 3 1999 EXHIBIT "A" . Lot 14, Block E, COCONUT GROVE, Unit { 3, according to the Plat there- of recorded in Plat Book 5 at Page 5, Public Records of Collier County, Florida. Prepared by: Thomas C. Palme~ Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 RlC0RDED tn OFFICIAL RECORDS 0[ COLLIER C0UN?¥, FL 03/02/1999 at. 12:26P# D#IGlt? l. BROCl[, CLliRI[ Retn: CLERK TO THB BOARD IR?~RO~IC~ 4TH FLOOR BI? 1240 COPli8 10.50 2.00 FEB 2 3 1999 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Gioacchino Palermo and Consiglia Palermo, husband and wife 4001 Estey Avenue Naples, FL Bearing the date of the October 4, 1991, recorded in Official Record Book 1656 Page(s) ]073, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 2668:2040006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its ChairmaB, directs exec~n and recording of this Satisfaction of Lien, by action of the Board th~s~_-~ day of 3~-~j:)ra~-~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS. THE" GOVERNING BODY OF COLL.IER COUNTY AND AS EX-OFFICio THE" GOVERNING BOARD OF THE COLLIERf COI, Jf~JTY WATER-,~r. EWE Ri DISTRICT . .. ,~(. ,. PAMELA S. MAC'KIE, CH.~IRWOMAN OR: 2518 PG: 2047 *** FEB 2 3 ~ EXHIBIT "A" LOt 38, Block D, COCONUT GROVE, Unit 3, according to the plat there- of recorded in Plat Book 5, Page 5, Public Records of Collier County, Florida. Prepared by: Thomas C. Palmer"/~--,., Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 IN?BROHIC! 4fH }LOOR COPIBS Z.O0 FEB 2 3 B99 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: ' Ila Marie Raney, a single woman 3911 Guava Drive Naples, FL Bearing the date of the October 4, 1991, recorded in Official Record Book 1658 Page(s) 1720, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT "A" FOLIO NUMBER: 26630720006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of ~-'-J~r/~,, ,1999. ATTEST: DWIGHT E. BROCK, CLERK ' 5 ~;' '.:' , ~.,~. , ;- ,., .,. ;i~',~ ~. !~ - BOARD OF COUNTY COMMISSIONERS .... COLLIER COUNTY, FLORIDA',' AS THE GOVERNING BODY OF ~COLLIER COUNTY AND AS EX-QFFIClO THE GOVERNING BOARD .OF :THE COLLIER " COJJI~ITY WATER-SEWER I;)I~TRICT ~OMA..N,..., .., ?'." FEI) 2 3 1999 EXHIBIT "A" Lot 12, Block C, COCONUT GROVE, Unit 2, as recorded in Plat Book 4, Page 87, of the Public Records of Collier County, Florida. February 23, 1999 Item AWARD LIBRARY, TRA/~SPORTATION AND EMERGENCY MEDICAL SERVICES (EMS) IMPACT FEE STUDY TO TI1FDALE-OLIVER ~ ASSOCIATES IN THE AMOUNT OF $107,100.00 Page 198 FEB 2 3 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 February 23, 1999 Item #16E2 BUDGET AMENDMENT NO. 99-154, 99-156, AND 99-161 Item #16G1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Page 199 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441405 OR: 2518 PG: 1350 *** HCORP~ in OHIClIL HCOR~S of ¢OLLI~ COUN?¥, ~L 03/02/1999 at 10:03~g D~IGHT ~. BROCK, CLHK HC FEE 6.00 ~etn: CASHIER FEB. 2 3 1999 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is [he owner and holder of a certain lien against: CASE NUMBER: Arvizu, Pedro Rito 9604622MMA For services of[he Public Defender, bearing thc date of[he 17th day of April, 1998 recorded in office of [he Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars, under Final Judgement and Order recorded in Official Record book 2416, page 3055. Thc 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 [he Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, Thc Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute [his Satisfaction of Lien in its name. Executed this~).~ r0 day of ~'~'~~ , 1999. ATTEST: Clerk of--Circmt CouP' -- ~tte~t. ,~ %~. ,%, a~i~a.,s Approvid as t6 :fO~ legal sufficiency Assistant CounW ARomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441406 OR: 2518 PG: 1351 *** 03/02/1999 at 10:03~N DWIGHT B. BROCL CLBH HC H! 6.00 Qetn: C~SHm FEB 2 3 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: CASE NUMBER: Asher, Cheryl Swain 9807297MMA For services of the Public Defender, bearing the date of the 25th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2490, page 1644. 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 cancel 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 thi~3i'Ll- day of ~-'-~ ,1999. ATTEST: '... it'' ~lerl~ of Circt{it Cou/t A~.~~, ~ ~c~ ~M~an'$ Ap~proved as to fo/fin legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: / Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 24 1407 OR: 2518 PG: 1352 *** 03/02/1999 at 10:03AK DNIG~T 8. BROCK, CLBH H~ H~ &.O0 FEB 2 3 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: CASE NUMBER: Boyce, Donald Victor 9806526MMA For services of the Public Defender, bearing the date of the 20th day of October, 1998 recorded in office of the Clerk of the Circuit Court of Collier' County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2475, page 0540. 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 cancel 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 thi~ day of ~121afih~, 1999. ATTEST: ~/ Clerk of Circuit Cour~ ' Approved a~i to form.'legal sufficiency Assistant .C. ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441408 OR: 2518 PG: 1353 *** 03/02/1999 at 10:0Ra DWIGHT R. BROCK, CLBRK HC HB ~.00 Re~n: c ssm FEB 3 199g 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: CASE NUMBER: Butt, Dudley Alan 9807086MMA For services of the Public Defender, bearing thc date of the 25th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2489, page 2245. 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 thc Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, Thc Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executedthisc~;~W2- dayof ~'~grl~rw O ATTEST: Approved as to f6~ legal sufficiency Assistant Coun~ A~omey ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: · Pamela S. Mac'kie ' / Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441409 OR: 2518 PG: 1354 *** RBCORDBD in OHICIAL RBCORDS of COLLIER COUNTY, FL 03/02/1999 at 10:02A~ DNIGHT B. BROCK, CLBRK R~C FBI ~.00 CASHIH 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: CASE NUMBER: Camacho, Heidelberg 9800891MMA For services of the Public Defender, bearing the date of the 16th day of July, 1998 recorded in office of the Clerk of the Circuit Court of Collier Cmmty, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2455, page 0727. 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 cancel 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~.~ _t~ day of ~-~-~Dtq_~. , 1999. ATTEST: ..d -£1~rk of Circ{fit Co~rt-, _~ -' ApprOVed as to f0nn legal sufficiency Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: I Pamela S. Mac'kie ' / Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441410 OR: 2518 PG: 1355 *** HCOROBD in OHICIAL HCORI)~ of COLLIBR COIllIT~, FL 03/02/1999 at 10:03Al( OiffGlt? 9. BROCK, CLHK HC H~ t. O0 neon: FEB 2 3 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: CASE NUMBER: 9803872MMA Cantu, Jose For services of thc Public Defender, bearing the date of the 1 lth day of June, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing thc principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2431, page 0765. 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 cancel 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~3r--/~ day of ~, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairwoman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441411 OR: 2518 PG: 1356 *** 03/02/1999 at 10:03AN OWIGH! I. BROCL CLIH lie HI 6.00 Retn: cAs xs FEB 2 3 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: CASE NUMBER: Clifton, RobertEugene 9807891MMA For services of the Public Defender, bearing the date of the 27TH day of October, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars, under Final Judgement and Order recorded in Official Record book 2483, page 2986. 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 cancel 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 thi~ ~ day of _~_2~~, 1999. ATTEST: C o ~rcmt Court .., ~: ~ '~.": f :.?.c... ::'? v, · " Approved as to fo~ legal su~ciency ~ '. '.. . Assistant CounW A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441412 OR: 2518 PG: 1357 *** RI¢ORDEB in OFFICIAL H¢ORD$ of COLLIBR COUN?I, ~L 03/02/1999 at 10:03~ DWIGH~ ~. BROC[, C~HK RI~ FI! ~.00 Retn: cAsHm FEB 2 3 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: CASE NUMBER: 9805202MMA Craig, Timothy For services of the Public Defender, bearing the date of the 25th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2489, page 2242. 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 cancel 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. ATTEST: 'Clerk of Ci~cuit'Court ' Approved as to fo~ Fegal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441413 OR: 2518 PG: 1358 *** ~CORDBD in OHI¢IAL HCORDS of COLLIH COUNTL FL 03/02/1999 at 10:03A~ BRIGHT B. BROCK, CLRRK RBC HB 6,00 Reu: c~sHm FEB 2 3 1999 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUMBER: Ererra, Ramiro - AKA Hcrerra, Ramiro 9805095MMA For services of the Public Defender, bearing the date of the 5th day of September, 1998 recorded in office of the Clerk of thc Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2461, page 1501. 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 cancel 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. Exccutedthisc-~3rD dayof ~'~cJg~ ,1999. 'O ATrEST: O Cler'k of Circuit Court- ' Att,~st ?.~ to'Chairman's ~pProved as to fo~ legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mae'Me Chairwoman Assistant County PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441414 OR: 2518 PG: 1359 *** 03/02/1999 at 10:03~N D~IG~? B, 8EOCK, CLHK aetn: C~SHIH FEB 2 3 1999 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is thc owner and holder of a certain lien against: CASE NUMBER: 9807136MMA Esco, Kerry Jay For services of the Public Defender, bearing the date of the 25th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2490, page 1646. 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 cancel 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 thisc~)._'~tp- day of ~e.~, ATTEST: ,1999. Approved as to form legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2 41415 OR: 2518 PG: 1360 *** H¢ORHD in OHICI~L HCORDS of COLLIH COU~T~, FL 03/02/1999 at 10:03~K DWIGHT B. BBOCL CLERK HC m 6.00 ~£8 2 ~ 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: CASE NUMBER: Fon, Alfredo William 9807537MMA For services of the Public Defender, bearing the date of the 25TH day of nOVEMBER, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2490, page 1645. Thc 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 cancel this lien of record. IN WITNESS WHEREOF, Thc Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this,~3f~ dayof ATTEST: ~ --- ~ Clerk of CirC.u, it Court Att-~t ~,~ ~o.,.hatrman's Approved as to fo~ ~gal sufficiency Assistant oun~ A~omey ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~' Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2 41416 OR: 2518 PG: 1361 *** 03/02/1999 at 10:03A~ DWIGHT S, BROCK, CLBRK RSC HS ~.00 Retn: C~S~ISR FEB 2 ~ 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: CASE NIYMBER: Fox, Oscar Eugene 9805720MMA For services of the Public Defender, bearing the date of the 5TH day of September, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars, under Final Judgement and Order recorded in Official Record book 2461, page 1509. 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 thc Clerk of said Circuit Court cancel 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. Executedthi~:~.~~-D dayof ~-~/~'K~a~. ,1999. ATTEST: k of C~rcutt Court Attest ~s t,~ C~'air~n's Approved as t° fo~ legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:l Pamela s.-Mac'~i Chairwoman AssiStan~ Counly Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441417 OR: 2518 PG: 1362 *** 03/02/1999 et lO:03A~ DW[GH~ R. BBOC[, CLH~ HC HI 6.00 CA=mR FEB 2 3 1999 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUMBER: Hendricks, Cheryl 9804236MMA For services of the Public Defender, bearing the date of the 9th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2484, page 1594. 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 cancel 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. Executedthis~3r~2- dayof ~)fLtP, q,-- ,1999. ATTEST: Clerk of Circuit Court Approved, gs to fo~.lcgal sufficiency Assistant Coun~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~' Pamela S. Mac'~ie ~ / Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441418 OR: 2518 PG: 1363 *** H¢ORDED in OHICIAL HCORD$ of COLLIER COUHT¥, ~L HC HS mn: FEB 2 3 1999 CASHIH KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is thc owner and holder of a certain lien against: CASE NUMBER: Hcrnandez, Juan Toribio 9808221MMA For services of the Public Defender, bearing the date of thc 25th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five, under Final Judgement and Order recorded in Official Record book 2489, page 2254. Thc 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 cancel 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. ATTEST: Approv'6d as t~ 'f6rm legal sufficiency ' ~ ..~ '. Assistant~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441419 OR: 2518 PG: 1364 *** RBCORDBD in OHICIAL R~CORDS of COLLIBR COU~TI, ~L HC H! 6.00 letn: FEB 2 3 1999 CASHIBR 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: CASE NUMBER: Hemandez, Rogelio Jr. 9806841MMA For services of thc Public Defender, bearing the date of the 20th day of October, 1998 recorded in office of the Clerk oi thc Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2475, page 0375. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lieu, hereby surcenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel 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~rO dayof ATTEST: · ;- ' LJ clerk ofCiri:u~t ~-~urt Attest, a= to'Ch {men's Approved as to lo.legal sufficiency Assistant Coun~ A~omey ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441420 OR: 2518 PG: 1365 *** RBCORDBD in OHICIAL HCORDS of COLLIBR COUN?¥, FL 03/02/1999 at 10:03AH DMIGHT !. BROCK, CL~RK HC H! ~.00 Retn: FEB 2 3 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: CASE NUMBER: Jimenez, Leonel 9803708MMA For services of the Public Defender, bearing the date of the 20th day of July, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing thc principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2450, page 3155. 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 cancel 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. Executedthi~ dayof F~ ,1999. ATTEST: £~.{.L,%:,~'~ ,-,. '.~,~ ~,)}t.~, Approved as to fo~ legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441421 OR: 2518 PG: 1366 *** 03/02/I999 at lO:03~a DWIGHT l, BROC[o CLIRK Rl~ Fl] t.O0 Rets: 1§§§ CASHIBR 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: CASE NUMBER: Keefe, David Edward-AKA Kefe David 9808636MMA For services of the Public Defender, bearing the date of the 25th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2489, page 2261. 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 cancel 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. Executedthi~3/D dayof ~'~J"~/d/~- ,1999. ATTEST: (J er o n-cmt Court Approved as t° fo~'legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441422 OR: 2518 PG: 1367 *** HCORDBD in OHICI~L HCORDS of COLLIBR COUNTY, PL 03/02/1999 at IO:O3AH DWIGHT S. BROCK, CLHK HC ~H ~.00 Re~n: C SHm FEB 2 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: CASE NUMBER: Kortca, Richard Harold Jr. 9802776MMA For services of the Public Defender, bearing the date of the 6th day of September, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2461, page 1496. 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 cancel 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 thi~--,~FD day of _~~.~, 1999. ATrEST: Assist3C~ou~V~W A~c m e y~~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441423 OR: 2518 PG: 1368 *** 03/02/1999 at 10:03~ DWIGHT ~. BROCL CLH; HC H~ 6,00 Rets: FEB 2 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: CASE NUMBER: Langren, Jason Richard 9804332MMA For services of the Public Defender, bearing the date of the 15th day of July, 1998 recorded in office of thc Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2443, page 1446. 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 cancel 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~ tO day of ~b{'tl,~. ,1999. d ATTEST: '--' ~, ~lerk of Circuit Court ~{,'e~': ~ <: ,~,~ *~.,,:?~ .. Apgrgved as. tq-~p~.legal sutl~c]cncy Asststa'nt County A~tomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'ki¢ Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441424 OR: 2518 PG: 1369 *** RSCORD~D in OHICIAL HCORDS of COLLIRR COUNTY, PL 03/02/1999 at 10:03AM DWIGHT K. BROCK, CLHK RSC H! ~.00 Retn: cumin FEB 2 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: CASE NUMBER: 9806816MMA Laurore, Kelly For services of thc Public Defender, bearing thc date of the 9th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2483, page 2605. 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 cancel 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~/'O dayof _~~m, 1999. ATTEST: Clerk of Circuit Court Approved as to fo~ legal sufficiency As~istant%oun~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chainvoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2441425 OR: 2518 PG: 1370 *** 03/02/1999 at 10:03Aa DfflGHT 1. BROCK, CLBH RIC FH ~.00 aetn: 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: CASE NUMBER: Lemmon, Start Lena 9807285MMA For services of the Public Defender, bearing the date of the 25th day of November, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty Five Dollars, under Final Judgement and Order recorded in Official Record book 2489, page 2249. 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 cancel 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 thi~-~fi') day of .~'-~ .t..'~ ,1999. ATTEST: ' · ~-~ it . Clerk'°fCircuit Court /' .-; ? r!-~ ~-r ': ....... .~: ~ ,',. ' -' ~ proved as t,o fohn'legal sufficiency Assistant County. Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Item #16G2 MISCELLANEOUS CORRESPONDENCE February 23, 1999 FILED AND/OR REFERRED The £ollowing miscellaneous correspondence as presented by the BCC has been directed to the various departments as indicated: Page 200 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FEBRUARY 23, 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.: 9604622MMA, 9807297MMA, 9806526MMA, 9807086MMA, 9800891MMA, 9803872MMA, 9807891MMA, 9805202MMA, 9805095MMA, 9807136MMA, 9807537MMA, 9805720MMA, 9804236MMA, 9808221MMA, 9806841MMA, 9803708MMA, 9808636MMA, 9802776MMA, 9804332MMA, 9806816MMA, 9807285MMA 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. January 25 - 29, 1999 B. February I - 5, 1999 4. Districts: Ao Big Cypress Basin Board of the South Florida Water Management District - Agenda of February 4, 1999 Collier Soil and Water Conservation District - Change in date for regular meetings for fiscal year 1998-1999 and Notice of February 3, 1999 meeting Co Collier Mosquito Control District - Final Annual Certified Budget; Annual Audit Report and Annual Financial Report - Year ended September 30, 1998; Management Letter - Rebuttal to Management; Schedule of Meetings for 1998- 1999 D° Fiddler's Creek Community Development District - Minutes of October 28, 1998 and November 3, 1998 meetings Uo South Florida Water Management District - Proposed Rule Development regarding Water Use permitting rules Minutes: A. Airport Authority - Minutes of Decerfiber 14, 1998 meeti] January 14, 1999 NO. I ~ , FEB 2 3 1999 139. Co Ko No Oo Bayshore Avalon Beautification Advisory Committee - Minutes of December 9, 1998 meeting and agenda for January 6, 1999 City/County Beach Renourishment Advisory Committee - Agenda for Febrt/ary 4, 1999 Collier County Code Enforcement Board (North) - Minutes of November 23, 1998 Collier County Code Enforcement Board (South) - Minutes of September 11, 1998 and November 13, 1998 meetings Collier County Planning Commission - Minutes of December 17, 1998 and January 7, 1999 meetings and agendas for January 21, 1999 and February 4, 1999 County Government Productivity Committee - Minutes of January 20, 1999 meeting Development Services Advisory Committee - Minutes of January 6, 1999 and agenda for February 3, 1999 Emergency Medical Services Advisory Council - Minutes of December 23, 1998 meeting Environmental Advisory Board - Minutes of January 6, 1999 and agenda for February 3, 1999 Golden Gate Beautification Advisory Committee - Minutes of December 8, 1998 and January 12, 1999 meetings and agendas for January 12, 1999 and February 9, 1999 Historical/Archaeological Preservation Board - Agenda for January 15, 1999 and minutes of January 15, 1999 meeting Immokalee Beautification MSTU Advisory Committee - Minutes of December 16, 1998 meeting and agenda for January 20, 1999 Lely Golf Estates Beautification Advisory Committee - Minutes of December 11, 1998 and January 15, 1999 meetings and agendas for January 15, 1999 and February 12, 1999 Library Advisory Board - Minutes of December 9, 1998 meeting Ochopee Fire Control District Advisory Board - Minutes of May 4, 1998, October 5, 1998, November 2, 1998 and December 7, 1998 meetings AGENDA zlT~ NO. /.,/-~'~--~' FEB 2 3 1999 pg. _Z~/ Parks and Recreation Advisory Board - Minutes of December 16, 1998 meeting and agenda for January 27, 1999 and Impact Fee Study Results Pelican Bay MSTBU Advisory Committee -Agendas for January 18, 1999 and February 3, 1999 and minutes of December 2, 1998 and January 18, 1999 meetings AGENDA ITEM .o. FEB 2 3 1999 PO. ~ February 23, 1999 Item #1611 RESOLUTION 99-145 AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO BE USED TO FINANCE HEALTH CARE FACILITIES FOR NCH HEALTHCARE SYSTEM Page 201 FEB 2 3 1999 RESOLUTION NO. 99- 145 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; REPEALING RESOLUTION 99-76; AND PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, Community Health Care, Inc. (the "Corporation") and Marco Island Hospital, Inc. (the "Hospital"), each a Florida not-for-profit corporation, and each owning or operating certain facilities located within the boundaries of Collier County, Florida, have requested the Authority to issue its Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group), Series 1999A and Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group), Series 1999C in an aggregate principal amount not to exceed $17,000,000 (the "Bonds") for the purpose of making a loan to the Corporation and the Hospital for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping a two-story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) refinance certain interim indebtedness incurred in connection with (1) the refinancing of a commercial bank loan the proceeds of which were used to construct and equip a two-story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) refinance certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) refinance certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) refinance certain interim indebtedness incurred in connection with the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (f) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and Whereas, Section 147(0 of the Intemal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax-exempt bonds is located is to approve the issuance of such bonds after a public hearing; and FEB 2 3 199g Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority caused a notice of a public hearing to consider approval of the Bonds and the location and nature of each of the Immokalee Health Park Project, the Grand Central Station Project, the Marco Island Land Acquisition Project and the Marco Island Project to be financed with the proceeds of the Bonds to be published on or before February 4, 1999 in the Naples Daily News, a newspaper of general circulation in Collier County, and a copy of said notice is attached as Exhibit A (the "Notice"); and Whereas, the Authority held a public hearing on February 18, 1999, pursuant to the Notice and adopted a resolution ( the "Resolution") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit B, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(0 of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(0 of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notice pursuant to Section 147(0 of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rate or rates, mature in such amount or amounts and be subject to redemption as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, the Board, any officer, agent or employee of Collier County, the State of Florida or any political subdivision thereof, but shall be payable solely fi:om the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County for any portions of any of the Projects located within the regulatory jurisdiction of Collier County. Such portions of the Projects shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared 2 FEB 2 3 1999 that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and arty provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. Section 4. Repealer. This Resolution repeals and supercedes Resolution 99-76. PASSED and Adopted thi~;~Pday of February, 1999. ATTEST: Dwight ~E. Brock; clerk · ' ': '-*' ": ~': '~Depu~ Clerk' ['s~l -' .... COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Pamela S. Mac'Kie / / Chairwoman ., Approved as to form and legal sufficiency: David C. Weigel, ~ounty A~omey 3 FEB 2 3 1999 NapLes DaiLy Na~s Naples, FL 34102 Affidavit of Publication Naples Daily News PZCKgORTH, DONALD P.A. 5150 TAHXAN! TRL g #002 NAPLES-FL 34103 REFERENCE: 5?8224?6 Notice of Nesting an State of FLorida County of Collier Before the undersigned authority, personally appeared B. La~b, t~h6 on oath says that ghe serves as the Assistant Corporate Secretary of the Naples Daily News, a daiLy newspaper pubLished at NapLes, in CoLLier County, FLorida: that the attached copy of Advertising was pubLished in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy News is a newspaper pubLished at NapLes, in said CoLLier County/ FLorida, and that the said newspaper has heretofore been continuousLy pubLished 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 coporatton any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLication in the said newspaper. PUBLZSHED ON: AD SPACE: 212.000 ZNCH FILED ON: Signature of Affiant ~ ~ .... Sworn to and Subscribed before me this day of ~19:~__ Personally knoun by ma (~~ -_ conduct( 341O4 and anCe~,~ of a :lans of. oH~ces )PaV cer- the Issu- for and. Is Is Iocoted of and Is Care. Island d are owned by Prolect will 3oyce E Bbzler MY COMMISSION # CC702521 EXPIRES April 10, 2002 BONDED THRU TROY FAiN INSURANCE, ff~C EXHIBIT A To BCC Resolution 2/23/99 ; BASED; . . 5 TO BE In clcc.~.dam=..e.~wlfh .the A. merlcans-wlf.h ..DlSo.bll#les II A~i Rer§oq'~:ne~'dlr~g asP. eclal occ0mmoaafton~o par- :1 flClp,~e !l~lllS I:I~OFII~g sh'ould cOrrl~Ct!Do'nold A. Pick- J jJ wo~lh, Ge~leral'/:GoUtlS~j~ 0t~:(941).263,8060 no afer than j il,seven ~erno J/A$$liimnti~e~c~.~id"GeneroI COuns~ . J FEB 2 3 1999 Execution Copy RESOL~ION NO. 99- AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS HEALTH CARE FACILITIES REVENUE BONDS (COMMUNITY HEALTH CARE, INC. OBLIGATED GROUP) SERIES 1999A AND HEALTH CARE FACILITIES REVENUE BONDS (COMMUNITY HEALTH CARE, INC. OBLIGATED GROUP) SERIES 1999C IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 FOR THE PRINCIPAL PURPOSE OF FINANCING AND REFINANCING CERTAIN COSTS INCURRED OR TO BE INCURRED BY COMMLrNITY HEALTH CARE INC. ( THE "CORPORATION") AND MARCO ISLAND HOSPITAL, INC. (THE "HOSPITAL") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HEALTH CARE FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BY AND AMONG THE AUTHORITY, THE CORPORATION, AND THE HOSPITAL; REPEALING RESOLUTION 99-01 AND PROVIDING FOR RELATED MATTERS. WHEREAS, Community Health Care Inc., a Florida not-for-profit corporation (the "Corporation") and Marco Island Hospital, Inc. a Florida not-for-profit corporation (the "Hospital") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group), Series 1999A and Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group) Series 1999C in an aggregate principal amount not to exceed $17,000,000 (collectively, the "Tax-Exempt Bonds"), for the purpose of making loans to the Corporation and the Hospital, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping a two- story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) refinance certain interim indebtedness incurred in connection with (1) the refinancing of EXHIBIT B To BCC Resolution 2/23/99 FEB ;~ 3 tq§9 a commercial bank loan the proceeds of which were used to construct and equip a two-story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) refinance certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) refinance certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) refinance certain interim indebtedness incurred in connection with the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (f) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and WHEREAS, the Corporation and the Hospital have also applied to the Authority to issue simultaneously with the issuance of the Tax-Exempt Bonds a series of its taxable private activity revenue bonds in the initial aggregate amount of not to exceed $12,000,000 (the "Series 1999B Bonds" and, together with the Tax-Exempt Bonds, the "Bonds") for the principal purpose of (1) financing a portion of the cost of the Marco Island Project, (2) refinancing a portion of the Existing Indebtedness (as defined in Exhibit "A" to the Preliminary Agreement), and (3) paying costs associated with the issuance of the Series 1999B Bonds; and WHEREAS, the Corporation and the Hospital have requested that the Authority loan the proceeds of the Bonds to the Corporation and the Hospital pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Corporation and the Hospital to finance the costs of the above-mentioned Projects and refinance the Existing Indebtedness under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay thc principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Corporation and the Hospital and promote the public purposes provided in the Act; and 2 FEB 2 3 !g99 WHEREAS, the Corporation and the Hospital have submitted the Preliminary Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, in order to satisfy certain of the requirements of Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Tax-Exempt Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Tax-Exempt Bonds and the location and nature of the above-mentioned Projects and the properties financed by the Existing Indebtedness, as more particularly described in the notice of public hearing attached hereto as Exhibit B; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Tax-Exempt Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation and the Hospital; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation and the Hospital to proceed with the financing of the costs of the above-mentioned Projects and the refinancing of the Existing Indebtedness and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING AND REFINANCING. The financing of the costs of the above-mentioned Projects and the refinancing of the Existing Indebtedness by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens 3 FEB 2 3 1999 of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation and the Hospital meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached hereto as Exhibit "A", among the Authority, the Corporation and the Hospital providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the above-mentioned Projects and refinance the Existing Indebtedness in an aggregate principal amount not to exceed the lesser of (a) $29,000,000 or (b) the amount determined by the Authority, the Corporation and the Hospital to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation and the Hospital and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $29,000,000 for the principal purpose of financing the costs of the above-mentioned Projects and refinancing the Existing Indebtedness as described in the Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Tax-Exempt Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other 4 financing agreement entered into by and among the Authority, the Corporation and the Hospital prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the above-mentioned Projects and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or estopping Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 10. REPEALER AND EFFECTIVE DATE. This Resolution repeals and supercedes Resolution 99-01 adopted January 15, 1999 and shall take effect immediately. ADOPTED this 18th day of February, 1999. 5 FEB 2 9 199g (SEAL) ATTEST: COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY /s/ J.R. Humphrey, Chairman /s/ Secretary 6 FFB ~ 3 1999 EXHIBIT A TO RESOLUTION PRELIMINARY AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Agreement among the Collier County Industrial Development Authority, a public body corporate and politic (the "Authority"), Community Health Care, Inc., a Florida not-for- profit corporation (the "Corporation"), and Marco Island Hospital, Inc., a Florida not-for- profit corporation. WITNESSETH: 1. Preliminary Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) The Act provides that the Authority may issue revenue bonds and loan the proceeds thereof to one or more persons, firms or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifying health care facilities. (b) The Corporation and the Hospital are considering (1) financing the costs of the acquisition, construction and equipping of health care facilities to be owned and operated by the Hospital and (2) refinancing certain outstanding indebtedness of the Corporation and the Hospital previously incurred for the purpose of financing the cost of acquisition and construction of certain health care facilities to be owned or operated by the Corporation or the Hospital, all of which facilities are more fully described in Exhibit A attached hereto. (c) The Corporation and the Hospital have applied to the Authority to issue two series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $17,000,000 (the "Series 1999A Bonds" and the "Series 1999C Bonds" and collectively, the "Tax-Exempt Bonds") for the principal purpose of making loans to the Corporation and the Hospital, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping a two-story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) refinance certain interim indebtedness incurred in connection with (1) the refinancing of a commercial bank loan the proceeds of which were used to construct and equip a two-story, approximately A-1 FEB ~ .~ lg99 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) refinance certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) refinance certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) refinance certain interim indebtedness incurred in connection with the acquisition of a two- story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (f) pay certain expenses incurred in connection with the issuance of the Tax-Exempt Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Tax-Exempt Bonds. The Corporation and the Hospital have applied to the Authority to issue simultaneously with the issuance of the Tax-Exempt Bonds a series of its taxable private activity revenue bonds in the initial aggregate amount of not to exceed $12,000,000 (the "Series 1999B Bonds" and, together with the Tax-Exempt Bonds, the "Bonds") for the principal purpose of (1) financing a portion of certain costs of acquisition, construction and equipping of the Marco Island Project, (2) refinancing a portion of the Existing Indebtedness (as defined in Exhibit "A" to the Preliminary Agreement attached hereto), and (3) paying costs associated with the issuance of the Series 1999B Bonds. (d) The Authority considers the issuance and sale of the Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes official action of the Authority toward the issuance of the Tax-Exempt Bonds in accordance with the purposes of the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part of the Authority. Subject to the terms hereof, the Authority agrees as follows: (a) Subject to the Corporation and the Hospital providing the Authority with sufficient evidence to enable the Authority to make the findings set forth in Section 159.29 of the Act, the Authority will, subject to Section 4(g) hereof, authorize the issuance of the Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to finance the cost of acquiring, constructing and equipping the above-mentioned Projects and to refinance the Existing Indebtedness as the Authority, the Corporation and the Hospital shall agree in writing (including costs of issuance of such Bonds), but in all events, the A-2 FEB 2 3 lggg principal amount of such Bonds shall not exceed the lesser of (i) the amount determined by the Authority, the Corporation and the Hospital necessary to accomplish the foregoing, or (ii) $29,000,000. (b) The Authority will cooperate with the Corporation and the Hospital and with the underwriters, placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority, the Corporation and the Hospital for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance the cost of constructing, acquiring and equipping the above-mentioned Projects, to refinance the Existing Indebtedness and to pay costs related to the issuance of the Bonds. (c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other series of bonds or otherwise, for the purpose of (1) defraying the cost of completion, enlargements, improvements and expansions of any of the above-mentioned Projects, or any segment thereof, or (2) refunding all or a portion of the Bonds. (d) The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") among the Authority, the Corporation and the Hospital shall, under terms agreed upon by the parties, provide for payments to be made by the Corporation and the Hospital in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of acquiring, constructing and expanding the above- mentioned Projects or that those facilities encompassed by such Projects will be suitable for the purposes or needs of the Corporation. (f) The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements among the Authority, the Corporation and the Hospital or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of each of the Bonds. A-3 FEB 2 3 1999 (g) Issuance of the Tax-Exempt Bonds by the Authority shall be contingent upon (i) satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the Authority to issue obligations to finance the costs of the above-mentioned Projects and to refinance the Existing Indebtedness and (ii) the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(0 of the Code. 3. Undertakings on the Part of the Corporation and the Hospital. Subject to the terms hereof, the Corporation and the Hospital agree as follows: (a) The Corporation and the Hospital will use reasonable efforts to insure that the Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority, the Corporation and the Hospital. (b) Prior to the issuance of the Bonds in the principal amount stated above in one or more series from time to time as the Authority, the Corporation and the Hospital shall agree in writing, the Corporation and the Hospital will enter into the Financing Agreements with the Authority, the terms of which shall be mutually agreeable to the Authority, the Corporation and the Hospital, providing for the loan or use of the proceeds of the Bonds to finance a portion of the costs of the above-mentioned Projects and to refinance the Existing Indebtedness. Such Financing Agreements will provide that the Corporation and the Hospital will be obligated to pay the Authority (or the trustee for holders of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. (c) The Corporation and the Hospital shall, in addition to paying the amounts set forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the above-mentioned Projects or the property financed by the Existing Indebtedness and refinanced with a portion of the proceeds of the Bonds. (d) To the extent not otherwise paid l~om Bond proceeds, the Corporation and the Hospital hereby agree to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of-pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds and (iii) all fees and expenses of Donald A. Pickworth, P.A., Counsel to the Authority, and of Brown & Wood LLP, Bond Counsel. A-4 FEB ~ 9 199g (e) The Corporation and the Hospital will hold the Authority and Collier County free and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of any of the above-mentioned Projects or the property financed by the Existing Indebtedness and refinanced with a portion of the proceeds of the Bonds. (f) The Corporation and the Hospital agree to indemnify and defend the Authority and Collier County and hold the Authority and Collier County and any officer or employee thereof harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the above-mentioned Projects or the property financed by the Existing Indebtedness and refinanced with a portion of the proceeds of the Bonds or the issuance of the Bonds and the Corporation's or the Hospital's undertaking thereof, or in any way growing out of or resulting from this Agreement including, without limitation, all costs and expenses of the Authority and reasonable attorneys' fees incurred in the enforcement of any agreement of the Corporation contained herein, but excluding any claims, losses, liabilities or damages resulting from the Authority's or Collier County's gross negligence or willful misconduct. In the event that the Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement. (g) The Corporation and the Hospital will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. 4. General Provisions. All commitments of the Authority under Section 2 hereof and of the Corporation and the Hospital under Section 3 hereof are subject to the conditions that all of the following events shall have occurred not later than January 1, 2000, or such other date as shall be mutually satisfactory to the Authority, the Corporation and the Hospital. (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority, the Corporation and the Hospital shall have agreed on mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instruments or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. A-5 FEB 2 3 1999 (c) Rulings satisfactory to the Corporation, the Hospital and the Authority as to such matters with respect to the Tax-Exempt Bonds, the above-mentioned Projects, the property financed by the Existing Indebtedness, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority, the Corporation and the Hospital, shall have been obtained from the Internal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Tax-Exempt Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Corporation, the Hospital and the Authority as to such matters with respect to the Bonds, the above-mentioned Projects, the property financed by the Existing Indebtedness, the Financing Agreements and any other trust instrument or instruments, as shall be specified by the Corporation, the Hospital or the Authority, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with all applicable provisions of Chapters 159, 189, 215 and 218, Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the Bonds, the interest rates thereon, the type of purchasers of the Bonds and the terms on which the Bonds may otherwise be issued. (f) Notwithstanding any other terms hereof, nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Corporation and the Hospital agree that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. (i) Receipt by the Corporation and the Hospital of all licenses and necessary approvals from the Florida Department of Insurance and any other applicable governmental authorities. If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, the Corporation and the Hospital agree that they will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Corporation's or the Hospital's request arising from the execution of this A-6 FEB 2 3 1999 Agreement and the performance by the Authority of its obligations hereunder, including reasonable legal fees and expenses for Counsel to the Authority and Bond Counsel. 5. Repealer and Binding Effect. This Agreement repeals and supercedes that Agreement dated January 15, 1999. All covenants and agreements herein contained by or on behalf of the Authority, the Corporation and the Hospital shall bind and inure to the benefit of the respective successors and assigns of the Authority, the Corporation and the Hospital whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunder duly authorized as of the 18th day of February, 1999. [Remainder of page intentionally left blank, signatures on following page] A-7 FEB ~ qJ 1999 COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY /s/ Chairman COMMUNITY HEALTH CARE, INC. /s/ [Title] MARCO ISLAND HOSPITAL, INC. /s/ [Title] A-8 FEB 2 EXHIBIT A TO PRELIMINARY AGREEMENT DESCRIPTION OF PROJECTS AND EXISTING INDEBTEDNESS The Projects will consist of(a) financing a portion of cost of the construction and equipping of a two-story, approximately 24,000 square foot building, a portion of which will be used as a health care facility, which will include a cardiac wellness center and space for outpatient rehabilitation services, together with related site improvements (the "Marco Island Project"), (b) refinancing certain interim indebtedness incurred in connection with (1) the refinancing of a commercial bank loan the proceeds of which were used to construct and equip a two- story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida corporation not for profit, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project") and (2) the financing of a portion of the cost of the Marco Island Project, (c) refinancing certain additional interim indebtedness incurred in connection with the financing of a portion of the cost of the Marco Island Project, (d) refinancing certain indebtedness incurred in connection with the acquisition of certain real property (the "Marco Island Land Acquisition Project"), (e) refinancing certain interim indebtedness incurred in connection with the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices, clinical space and various administrative offices (the "Grand Central Station Project"), and (O paying certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds. The "Existing Indebtedness" shall mean the indebtedness or interim indebtedness mentioned in the preceding paragraph. NapLes DaiLy Nasa NapLes, FL3&102 Affidavit of PubLication NapLes DaiLy News FEE:) 2 3 1999 PZCKWORTH/ IX)NALD P.A. 5150 TAI~ZAN! TIlL N #602 NAPLES iFL 3~1,103 REFERENCE: 010784 578~476 Notice of Meeting an State of FLorida County of coLLier Before the undersigned authority/ personaLLy appeared B. Lamb/ ~ho on oath says that abe serves as the Assistant Corporate Secretary of the NapLes DaiLy News, a daiLy newspaper pubLished at NapLes/ tn CoLLier County/ FLorida: that the attached copy of Advertising was published in said newspaper on dates Ltstad.' Affiant further says that the said NapLes DaiLy News ts a newspaper pubLished at NapLes, tn satd CoLLier County/ FLorida, and that the satd newspaper has heretofore been continuously published in said CoLLier County/ FLorida, each day and has been entered a~ second cLass mail matter at the post offtoe in NapLes, in said coLLier County, FLorida/ for e period of 1 year next preoedtng the float 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 adveettsement for publication in the said newspaper. PUBLZSHEO ON: 0~/0~ AD SPACE: 212.000 FZLED ON: Signature of Affiant ~ Sworn to and Subsoribed before PersonaLLy known by me ~-_ 'Island Bbz~er '..,~ MY COMMISSION # CC702521 EXPIRES ~'~". '" f ,April 10, 2002 ',7~, ,~; 80NDI~D THRU TROy FAJN INSUPJV*~:F., INC. EXHIBIT B To IDA Resolution 2/! 8/99 February 23, 1999 Item #17A ORDINANCE 99-11 RE PETITION NO. R-98-9, WAYNE ARNOLD, AICP, OF WILSON, MILLER, BARTON & PEEK, INC. REPRESENTING KONRAD MAYERHOFER, REQUESTING A REZONE FROM RSF-3 TO C-4 FOR PROPERTY LOCATED ON THE EAST SIDE OF S.R. 951 APPROXIMATELY 800 FEET SOUTH OF U.S. 41 Item #17B - Continued to 3/23/99 PETITION NO. PUD-98-13, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING COLLIER DEVELOPMENT CORPORATION, REQUESTING A REZONE FROM .A. RURAL AGRICULTURE TO ,,PUD" AND ,,PUD TO 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 111Ta AVENUE AND SOUTH OF THE COCOHATCHEE RIVER Item #17C ORDINANCE NO. 99-12 AMENDING ORDINANCE NO. 94-39 WHICH ADOPTED THE COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM; AMENDING ATTACHMENT A TO ALLOW HOMEOWNERS TO CHOOSE THEIR OWN CONTRACTOR TO COMPLETE THE REHABILITATION Item #17D RESOLUTION 99-146 RE PETITION CU-98-26 BEAU KEENE OF KEENE ENGINEERING REPRESENTING JOSEPH AND CONNIE SMITH REQUESTING APPROVAL OF A CONDITIONAL USE FOR AN EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED .A-MHO" AGRICULTURAL WITH MOBILE HOME OVERLAY LOCATED ON LILAC ROAD NORTH OF IMMOKALEE ROAD Page 202 RESOLUTION 99-446 2 3 19 9 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTHMINING CONDITIONAL USE "1" IN THE "A' ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use ~1" of Section 2.2.2.3 in an UA" Zone for earthmining 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: FEB 2 3 1999 The petition filed by Beau Keene, P.E., of ~eene Engineering representing Joseph S. and Connie G. Smith, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3 of the "A' Zoning District for earthmining 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 D3~- day of ~L~ , 1999. ATTEST: DWIGHT E. BROCK, Clerk rTAS S D~an'~',~,~h(-y 'At 70 rney f/CU-98-26 RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: an -2- FEE) 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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: ao Consistency with the Land Development Code and Growth Management P1y~~ 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'~J No Co Affects neighboring properties in relation to noise, g~e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use"w~thin district Yes ~,~ No s t i pu 1 a t i onR A, A(_c,o~o¥ attached) approval ~,~.~t~ . Based on the above findings, this conditional use should, with (should not) be recommended for EXHIBIT "A" g/CU-98-26 FINDING OF FACT CHAIRMAN/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 FEB 2 $1999 The following facts are found: Section 2.2.2.3.1 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 Yes No B o 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 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 us~.&thin district Yes No Based on the above findings, t~ditional use should, with stipulations, (copy attached)((snou±d pot) be recommended for approval . ~~/~.~ ~~ / ~, g/ CU-98~26 FINDING OF FACT MEMBER/ FEB 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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 P~: 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 Co Affects neighboring properties in relation to noise, glare/~conomic or odor effects: .,/' No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use w~in district Yes ~" No Based on the above findings, this conditional use should, with stipulations, (copy attached~ be recommended for approval g/ CU-98-26 FINDING OF FACT MEMBER/ FEB 3 199g FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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 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 &~e~ress Yes ..~z No Co Affects neighboring properties in relation to noise, glare, economic or odo~ effects: No affect oru/ Affect mitigated by~;~~ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes ~' No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~) be recomme~ed for approval ~ . ! ~/~.I~ ] DATE: ~-~--q~ MEMBER: ~~ g/ CU-98-26 FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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 ~an: 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 & ~gress Yes ~ No Affects neighboring properties in relation to noise, r9 economic or odor effects: glad'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 ~ No Based on the above findings, this conditional use s_~ with stipulations, ~ ...... ~-~ (~^~'~d not) be recommended for approval ~/;/~0~dP / ! g/ CU-98-26 FINDING OF FACT MEMBER/ FEB 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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 ~ 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 t,/ No Affects neighboring properties in relation to noisg~_ glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible us~ w~hin district Yes ~"No Based on the above findings, this conditional use should, 2N~ (should not) be recommended for ~tipula~, (copy attached) &pproval g/ CU-98-26 FINDING OF FACT MEMBER/ FEB 2 lggg FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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 ~/ No Co Affects neighboring properties in relation to noise, gl~re/~ economic or odor effects: L/ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes ¢~/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval g~ CU-98-26 FINDING OF FACT MEMBER/ (should not) be recommended for FEB 9 199g FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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: A. Consistency with th~ ~and Development Code and Growth Management Yes P~n: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 catastrophe: / Adequate ingress &%e~ress Yes V No or Affects neighboring properties in relation to noise, glad/, economic or odor effects: WNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjagent properties and other property in the distr~t: Compatible us~yithin district Yes , V No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval g/ CU-98-26 FINDING OF FACT MEMBER/ 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-26 The following facts are found: Section 2.2.2.3.1 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 P~j~: 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 & e~r~ess Yes ~No Affects neighboring properties in relation to noise, glare/~onomic 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 wj.~hin district Yes Fw' No Based on the above findings, this conditional use shou~G~with stipulations, (copy attached) approval g/ CU-98-26 FINDING OF FACT MEMBER/ LEGAL DESCRIPTION East ~ of the NW ¼ of the NW ¼ of the SW ¼ of Section 24, Township 47 South, Range 27 East, collier County, Florida. Exhibit "B" EXISTING RESIDENCE FEB Z 3 1999 CONDITIONS OF APPROVAL This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on February 4, 1999. Plannino Services: 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 the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. The only access to the site shall be from Lilac Lane, The applicant shall provide an eastbound left turn lane on Immokalee Road at the intersection with Lilac Lane prior to any excavation activity on the site. When deemed necessary by the Collier County Transportation Department, the applicant shall provide a westbound right turn on Immokalee Road at the intersection with Lilac Lane. Lilac Lane at Immokalee intersection shall be paved within the Immokalee Road R.O.W.. Radius returns of 50 feet and proper drainage and culvert(s) shall be included with this work. Lilac Lane shall be maintained as a dust-free surface for the duration of the mining operations. The payment of road impact fees for this development shall be based upon an individual site specific calculation of impact fee due to the nature and use of the subject site. The Transportation Services Department shall determine the amount of this fee. The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1. prior to any excavation activities on site. Subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. EXHIBIT "D" February 23, 1999 Item #17E RESOLUTION 99-147 RE PETITION CU-98-25 BEAU KEENE OF KEENE ENGINEERING, INC. REPRESENTING JOLLY TRUCKING REQUESTING A CONDITIONAL USE FOR EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED "A-MHO" AGRICULTURAL WITH MOBILE HOME OVERLAY LOCATED ON ANGELA ROAD NORTH OF IMMOKALEE ROAD Page 203 RESOLUTION 99-147 FEB 2 3 1999 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTHMINING CONDITIONAL USE "1" IN THE "A' ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.2.3 in an "A" Zone for earthmining 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: FEB 2 3 1999 The petition filed by Beau Keene, P.E., of Keene Engineering representing Darryl J. Damico, Bradley Damico and Jolly Trucking, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3 of the "A" Zoning District for earthmining 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 ~[P day of .~)~p~ , 1999. ATTEST: DWIGHT ~.~ ~ [iB~gcK, Clerk 'Lo~al ,. sd"f~'i~fe~y :.. . ~{j d~e'~M. StUdent AssiStant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Ii~AMELA S. I~C' KIE, Cl~±rwoman / -2- FEB 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: Section 2.2.2.3.1 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~'% 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 i~ss & egress Yes ~ No Affects neighboring properties in relation to noise, re, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the dis~ct: Compatible use ~hin district Yes No Based on the above findings, this conditional use should, with stipulations,! (,~o~attached) (should not) be recommended for approval ~ Z~\ ~ . ~ DATE: CHA EXHi3IT "A" g/CU-98-25 FINDING OF FACT CHAIRMAN/ FEB 2 3 199g FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: Section 2.2.2.3.1 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 ~r.]~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 & ~3ress 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 within district Yes v/ No Based on the above findings, this conditional use should, with stipulations, ~cpy attackcd) (shcu!d not) be recommende~ for approval DATE: ~/~/] ~ MEMBER: g/ CU-98-25 FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 FEB 1§99 The following facts are found: Section 2.2.2.3.1 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 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 ~ No Affects neighboring properties in relation to noise, glare, economic or odor~effects: No affect or~' Affect mitigated by ~~~ Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use 'thin district Yes l~3'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~ be recommen~l~d for approval . 9/ CU-98-25 FINDING OF FACT MEMBER/ FEB 2:3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: Section 2.2.2.3.1 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 Plan: Yes ~ No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No C o 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~i~hin district Yes ~'- No Based on the above findings, ~-s--e~ditional use should, with stipulations, (copy attached)~not) be recomme~ed for approval ...... . ',__.a~ ~///,~ '~ g/ CU-98-25 FINDING OF FACT MEMBER/ FEB 2. 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: Section 2.2.2.3.1 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 P~: 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, glare~conomic 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~3~in district Yes / No Based on the above findings, t3~/~~ditional use should, with stipulations, (copy attached)~not) be recommended for approval 9/ CU-98-25 FINDING OF FACT MEMBER/ FEB 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: Section 2.2o2.3.1.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: ao Consistency with the L~nd Development Code and Growth Management Pi~: Yes ~/ No C o 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 Yes 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~hin district Yes / No Based on the above findings, this conditional use should, s~, (copy attached) approval (should not) be recommended for 9/ CU-98-25 FINDING OF FACT MEMBER/ FEB 2 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: Section 2.2.2.3.1 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: ao Consistency with the Land Development Code and Growth Management Yes ~/ No S o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No C o Affects neighboring properties in relation to noise, glgr~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~thin district Yes L,/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval DATE: ~/~ g/ CU-98-25 FINDING OF FACT MEMBER/ (should not) be r~commended for MEMBER: FEB 2 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 The following facts are found: Section 2.2.2.3.1 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: ao Consistency with the~nd Development Code and Growth Management el/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 & ~e~ress Yes ¥ No Affects neighboring properties in relation to noise, gla~, economic or odor effects: ¥ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the distr~ct: Compatible us~)Fithin district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval (~~e~ :e~o~_ ~e~or g/ CU-98-25 FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-25 FEB 2 3 1999 The following facts are found: Section 2.2.2.3.1 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 P~N Yes o 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~s Yes ~ No Affects/,rfeighboring properties in relation to glare//economic or odor effects: w No affect or Affect mitigated by Affect cannot be mitigated noise, Compatibility with adjacent properties and other property in the district: Compatible use j~fthin district Yes ~' No Based on the above findings, this condit.i~onal use shoul~ with stipulations, (copy attached)~k.--::l.l -.-.--,',~:. be recomme~de~ for approval ___// . g/ CU-98-25 FINDING OF FACT MEMBER/ FEB 2 3 1999 LEGAL DESCRIPTION East ~ of the NW ¼ of the SE ¼ of the NE ¼ + East % of the SW ¼ of the NE ¼ of the NE ¼ of Section 23, Township 47 South, Range 27 East, collier County, Florida. Exhibit "B" FEB 2 3 1999 ,, ,------------ "~ ", ~Z~:~.~.~R~.~.- E ~ Il, ~ I +:.':.'.- t t >:.':.'.- ' ' Ii / ~ ~ ~ ~ ~ ~ ~ ~X I ........ [ --"~' '''''''''''''' '~ ,~ J, ,, ,, ' '"" '''B ! 1'' "l' ' ~ xx~x~x' il I il ~1 I ,, - - - - - - - , I' ,, ,, - .-.-.-.-.-.-.-- ',. ,- ,,,~ ,,,~ ,,,.. ,,, i,, ,}~~]- I E .- .- .- .- .- .- .- ', { ,~ Ih, Ih, {ill I, {i{i.ld, $, , , >;.~L-~_C_.'¥~_.'W [ !;!!,,{!,,l ill IlPlldl, Iii ,~, -.-.-.~.-.~.-~ . ,l~ ~ I,[ , ~ i' m m i, < .- .- <ll.~.~ ~ * I~fd~il ' . ~ ' ~ ~', ~NNN~xNNNN~ p aSS ,,.,., , ,, ~t"; ~ I,m. I ~ ~ ~ - FEB 2 3 1999 CONDITIONS OFAPPROVAL CU-98-25 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on February 4, 1999. Planning Services: 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 the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. The only access to the site shall be from Lilac Lane. The applicant shall provide an eastbound left turn lane on Immokalee Road at the intersection with Lilac Lane prior to any excavation activity on the site. When deemed necessary by the Collier County Transportation Department, the applicant shall provide a westbound right turn on Immokalee Road at the intersection with Lilac Lane. Lilac Lane at Immokalee intersection shall be paved within the Immokalee Road R.O.W.. Radius returns of 50 feet and proper drainage and culvert(s) shall be included with this work. Lilac Lane shall be maintained as a dust-free surface for the duration of the mining operations. The payment of road impact fees for this development shall be based upon an individual site specific calculation of impact fee due to the nature and use of the subject site. The Transportation Services Department shall determine the amount of this fee. The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1. prior to any excavation activities on site. Subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. EXHIBIT "D" -1- Lease # IrE B 2. 3 999 I.EASE AGREEMENT THIS LEASE AGREEMENT entered into this~day of--~-~.~.,, , 1999, between Collier Enterprises Realty Group, Inc., as Agent for Collier Development Corporation, whose mailing address is 3003 Tamiami Trail North, Naples, Florida 34103, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 3,500 square feet of space contained in Suite # 200 at 2975 South Horseshoe Drive, Naples, Florida 34112, and 6,181 square feet of space contained in Suite # 600 at 3030 South Horseshoe Drive, Naples, Florida 34112, hereinafter referred to collectively as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. ~ LESSEE shall have and hold the Demised Premises for a one (l) year term commencing April 1, 1999 and terminating on March 31, 2000. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same monthly, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the following mounts which are to be paid in equal monthly installments: Annual Monthly Suite # 200 - 2975 Horseshoe Drive South ................. $28,000.00 $2,333.33 Suite # 600 - 3030 Horseshoe Drive South ................. $46,357.50 $3,863.12 Total Monthly: Six Thousand One Hundred Ninety-Six and 45 Cents ($6,196.45) In addition to the monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") which is to be paid monthly as follows: Annual Monthly Suite # 200 - 2975 Horseshoe Drive South ................. $7,140.00 $595.00 Suite # 600 - 3030 Horseshoe Drive South ................. $11,991.12 $999.26 Total Monthly: One Thousand Five Hundred Ninety-Four and 26 Cents ($1,594.26) 3l{999 LESSEE shall pay all janitorial, pest control, water, sewer, electrical service and t~lt~h6ne charges pertaining to the Demised Premises. All other charges related to the operation of the Demised Premises shall be the responsibility of the LESSOR. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Modifications to Demised Premises Prior to making any other changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises installed by LESSEE shall remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal of said alterations, improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. Assi_munent and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE flora liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. However, LESSEE shall be permitted, without notice to LESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. Instance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. 2 ARTICLE 7. FEB 2 3 1999 LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. LESSEE shall obtain, at its expense, a service contract for maintenance of any.heating and air conditioning system which services the Demised Premises and said contract is to conform to the warranty requirements of said system. All damage or injury to the Office Building, Demised Premises or the Common Areas caused by the act or negligence of LESSEE, it agents, employees, licenses, invitees or visitors shall be promptly repaired by LESSEE at its sole cost and expense and to the satisfaction of LESSOR. LESSOR may make such repairs which are not promptly made by LESSEE and charge LESSEE for the cost thereof and LESSEE hereby agrees to pay such mounts on demands as Additional Rent. ARTICLE 8. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 9. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 10. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Collier Enterprises Realty Group, Inc. 3003 Tamiami Trail North Naples, Florida 34103 (Agent for Collier Development Corporation) CC: Office of the County Attorney Sheriffs Office attention: Sheriff ARTICLE 11. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement of the' term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements excepted. ARTICLE 12. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. 3 · EEB 2 3 1999 ESSEE covenants and agrees not to use, occupy, suffer or permit said Demised t'rem]ses or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 13. Liability_ for Loss or Damage LESSOR, or its agents, shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Demised Premises, or the Office Building, or from the pipes, appliances or plumbing works therein, or from the roof, street or subsurface, or from any other place resulting from dampness, or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of LESSOR, its agents, servants, or employees. LESSOR, or its agents shall not be liable for interference with the light, air or any latent defect in the Denfised Premises, and LESSOR shall not be liable for any damage caused by other lessees of the Office Building, or persons in or about the Demised Premises, or the Office Building, occupants of adjacent property, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of LESSEE kept or stored on the Demised Premises shall be so kept or stored at the risk of LESSEE and LESSEE shall hold LESSOR harmless from any claims arising out of damage to the same, unless such damage shall be caused by the willful act or negligence of LESSOR. LESSEE acknowledges that the police and law enforcement security protection provided by law enforcement agencies for the Demised Premises is limited to that provided to other business or enterprises situation in Collier County and any special security measures deemed necessary for additional protection of the Demised Premises shall be at the sole responsibility and expense of LESSEE. LESSEE agrees to look solely to LESSOR'S estate and property in the Office Building, or the proceeds thereof, for the satisfaction of LESSEE'S remedies for the collection of a judgment or other judicial process requiring the payment of money by LESSOR in the event of any Default by LESSOR, and no other property or assets of LESSOR shall be subject to levy, execution or other enforcement procedure for the satisfaction of LESSEE'S claims ARTICLE 14. Claims Afisin~ from LESSEE'S Use of Premise~ To the extent permitted by law, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any Default in the performance of the lease resulting from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSOR, upon notice from LESSEE, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 15. Radon G~ In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from Collier County Public Health Department. ARTICLE 16. ~ This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. 4 ARTICLE 17. FEB 2 3 1999 This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: AS TO THE LESSOR: BY: BOARD OF COUNTY COM2MISSIO~, COLLIER COUNTY, FLORIDA DATED: ~~ ~) [0lq O~ ATTEST: WITNESS (tigfiamre) . Print N~e COLLIER ENTERPRISES REALTY GROUP, INC. Approved as to form and Heidi F. Ashton Assistant County Attorney 5 FEB 2 3 1999 Lease # SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT entered into this o/,..~A,~dag of~'~,a~j~ 1999, between Certified Diabetic Services, Inc. whose mailing address is 2373 Horseshoe Drive Eas~, Naples, Florida 34104, hereinafter referred to as "SUBLESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "SUBLESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises SUBLESSOR hereby subleases to SUBLESSEE and SUBLESSEE hereby subleases from SUBLESSOR 13,511 square feet of office space located at 2373 Horseshoe Drive East, Naples, Florida 34104, hereinafter referred to as the "Demised Premises," and further depicted on Exhibit "A" which is attached and made a part hereof, for the sole purpose of operating a govemment office. SUBLESSEE shall have use to those Common Areas in the building such as hallways, employee lounge and cafeteria. SUBLESSEE shall have twenty-four (24) hour access to the Demised Premises seven (7) days per week. ARTICLE 2. Term of Sublease SUBLESSEE shall have and hold the Demised Premises for one (1) year term commencing April 1, 1999 and terminating on March 31, 2000. SUBLESSEE is granted the option, provided it is not in default of any of the terms of this Sublease, to renew same month-to-month, under the terms and conditions as provided herein, by giving written notice of SUBLESSEE'S intention to do so to the SUBLESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent SUBLESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of One Hundred Seventy-Four Thousand Two Hundred Ninety-One Dollars and Ninety Cents ($174,291.90) for the first year of the Sublease term to be paid in equal monthly installments of Fourteen Thousand Five Hundred Twenty-Four Dollars and 32 Cents ($14,524.32). SUBLESSEE acknowledges and agrees that along with the first month's rental payment, SUBLESSEE will deposit with SUBLESSOR the sum of Fourteen Thousand Five Hundred Twenty-Four Dollars and 32 Cents ($14,524.32) and SUBLESSOR acknowledges that said sum shall be applied to SUBLESSEE'S f'mal month's rental obligation under the terms of this Sublease. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Sublease shall commence on a day other than the first day of the month, SUBLESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent In the event SUBLESSEE elects to renew this Sublease on a month-to-month basis, as provided for in ARTICLE 2, the monthly installment of rent set forth in ARTICLE 3 shall be increased on each anniversary date of this Sublease and such increase shall apply for a twelve (12) month period in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all F'EB 2 3 1999 Item-Series A (1967=100), United States Department of Labor had increased for the preceding year. However, in no event shall the monthly installment of rent be increased greater than 10% of the monthly installment of rent for the preceding year. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. ARTICLE 5. _O.th.~r.~lll.ml~ SUBLESSEE shall pay all janitorial and telephone charges pertaining to the Demised Premises. At the commencement of this Sublease, the SUBLESSOR'S electrical bill averages Four Thousand Nine Hundred Eight Dollars and Twenty-Two Cents ($4,908.22) per month. The SUBLESSEE shall be responsible for any electrical charges above the aforementioned amount and shall be due to SUBLESSOR thirty (30) days from SUBLESSOR'S invoice to SUBLESSEE for those charges. All other charges related to the operation of the Demised Premises shall be the responsibility of the SUBLESSOR. ARTICLE 6. Modifications to Demised Premises Prior to making any other changes, alterations, additions or improvements to the Demised Premises, SUBLESSEE will provide to SUBLESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for SUBLESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. 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. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. SUBLESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by SUBLESSEE. If after sixty (60) days there has been no response from SUBLESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of SUBLESSEE. 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 then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises installed by SUBLESSEE shall remain the property of SUBLESSEE and prior to the termination of this Sublease or any renewal term thereof, or within thirty (30) days thereafter, SUBLESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by SUBLESSEE, and repair any damage occasioned to the Demised Premises by such removal of said alterations, improvements, and additions. If SUBLESSEE does not remove those items designated by SUBLESSOR, SUBLESSOR may complete said removals and repairs at SUBLESSEE'S expense.' ARTICLE 7. ,Assi_munent and Subletting SUBLESSEE covenants and agrees not to assign this Sublease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of SUBLESSOR. Any such assignment or subletting, even with the consent of SUBLESSOR, shall not relieve SUBLESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Sublease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Sublease or to be a consent to the assignment of this Sublease or subletting of the Demised Premises. However, SUBLESSEE shall be permitted, without notice to SUBLESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the SUBLESSEE if the Demised Premises shall no longer be needed by the Department intended for this Sublease. 2 ARTICLE 8. Insurance FEB 2 3 1999 The SUBLESSEE will at ail times carry comprehensive general liability insurance to ~nclude bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the SUBLESSEE insuring SUBLESSOR and SUBLESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to SUBLESSOR. SUBLESSEE shall deliver said policies or certificates thereof to SUBLESSOR prior to SUBLESSEE'S occupancy of the Demised Premises, and thereafter, renewai policies or certificates shall be delivered to SUBLESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of SUBLESSEE hereunder. SUBLESSEE may provide this insurance under a blanket policy provided said insurance shall have a SUBLESSOR'S protective liability endorsement attached thereto. ARTICLE 9. Maintenance SUBLESSEE 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 SUBLESSOR, SUBLESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of receipt of such notice, SUBLESSOR will cause the same to be cleaned and corrected and SUBLESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by SUBLESSEE within thirty (30) days of receipt of written notice of costs incurred by SUBLESSOR. SUBLESSEE shall obtain, at its expense, a service contract for maintenance of any heating and air conditioning system which services the Demised Premises and said contract is to conform to the warranty requirements of said system. All damage or injury to the Office Building, Demised Premises or the Common Areas caused by the act or negligence of SUBLESSEE, it agents, employees, licenses, invitees or visitors shall be promptly repaired by SUBLESSEE at its sole cost and expense and to the satisfaction of SUBLESSOR. SUBLESSOR may make such repairs which are not promptly made by SUBLESSEE and charge SUBLESSEE for the cost thereof and SUBLESSEE hereby agrees to pay such amounts on demand as Additional Rent. ARTICLE 10. Default bv SUBLESSEE Failure of SUBLESSEE to comply with any provision or covenant of this Sublease shall constitute a default, and SUBLESSOR may, at its option, terminate this Sublease after thirty (30) days written notice to SUBLESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. Default by SUBLESSOR SUBLESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until SUBLESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to SUBLESSOR by SUBLESSEE properly specifying wherein SUBLESSOR has failed to perform any such obligations. ARTICLE 12. Notices Any notice which SUBLESSOR or SUBLESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: SUBLESSEE: Board of County Commissioners e/o Real Property Mgrnt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 SUBLESSOR: Certified Diabetic Services, Inc. 2373 Horseshoe Drive East Naples, Florida 34104 Attention: President CC: Office of the County Attomey Sheriffs Office, Administrative Assistant ARTICLE 13. Surrender of Premises FEB 2 3 1999 SUBLESSEE covenants and agrees to deliver up and surrender to SUBLESSOR possession of the Demised Premises upon expiration of this Sublease, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement of the term of this Sublease or may have been put by SUBLESSOR or SUBLESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements excepted. ARTICLE 14. General Provisions SUBLESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of SUBLESSOR'S standard operations where other operations share common facilities. SUBLESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 15. Claims Arising from SUBLESSEE'S Use of Premises To the extent permitted by law, SUBLESSEE shall indemnify and hold SUBLESSOR harmless against and from any and all claims arising from SUBLESSEE'S use of the Demised Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and SUBLESSEE shall further indemnify and hold SUBLESSOR harmless against and from any and all claims arising from any default in the performance of the Sublease resulting from any act or negligence of SUBLESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against SUBLESSOR by reason of such claim, SUBLESSEE, upon notice from SUBLESSOR, shall defend the same at SUBLESSEE'S expense by counsel reasonably satisfactory to SUBLESSOR. SUBLESSEE shall assume all risk of damage to property or injury to persons in, upon or about the Demised Premises from any cause other than SUBLESSOR'S negligence or willful misconduct and SUBLESSEE hereby waives all claims in respect thereof against SUBLESSOR. SUBLESSEE shall give prompt notice to SUBLESSOR in case of casualty or accidents in or about the Demised Premises. SUBLESSOR shall indemnify and hold SUBLESSEE harmless against and from any and all claims arising from SUBLESSOR'S use of the Demised Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and SUBLESSOR shall further indemnify and hold SUBLESSEE harmless against and from any and all claims arising from any act or negligence of SUBLESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against SUBLESSEE by reason of such claim, SUBLESSOR, upon notice from SUBLESSEE, shall defend the same at SUBLESSOR'S expense by counsel reasonably satisfactory to SUBLESSEE. ARTICLE 16. Radon G~ In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from Collier County Public Health Department. ARTICLE 17. F.a[tt, fili_Ze,~ This Sublease Agreement shall become effective upon execution by both SUBLESSOR and SUBLESSEE. ARTICLE 18. ~ This Sublease Agreement shall be governed and construed in accordance with the laws of the State of Florida. 4 FEB 2 3 1999 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE SUBLESSEE: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: AS TO THE SUBLESSOR: DATED: ~ -' i ~.- ~[~ WITNESSES: Print Name BY: WITNESS (signature) Print Name ~CES, INC. FREDERICK J. ROBERTS President, Chief Operating Officer Approved as to form and lega1 sufficiency: y ... __ Heidi F. Ashton Assistant County Attorney FEB 2 3 1999 EXHIBIT "A" ,. [ m" .... L.H-...L "L FILE Demised Premises shown in shaded area - totaling 13,511 square feet Februa~'~ :23, 3.999 There being no further business for the good of the County, ,me~ing was adjourned by order of the Chair at 6:15 p.m. the BOARD OF COUNTY COMMISSIONERS BOARD iOF ZONING APPEALS/EX k OFFICIO GOVERNING BOARD(S) O~ .-. SPECIAL DISTRICTS UNDER ITB,CONTROL . ~ ' ~t,~ . ~i~' ' approved by the .oard ~ Page EDACS SYSTEM MAINTENANCE AGREEMENT THIS EDACS SYSTEMS MAINTENANCE AGREEMENT (hereinafter "Agreement") is entered into this 17 th day of November 1999, by and between ERICSSON INC., located at Mountain View Road, Lynchburg, Virginia, USA, ("Ericsson"), and Collier County located at Naples, Florida (hereinafter "Customer"). 1. SCOPE OF AGREEMENT During the term of this Agreement (hereinafter "Term"), Ericsson agrees to provide Customer with repair and maintenance services and parts, as set forth in Section 2 of this Agreement, to maintain the Customer's EDACS radio system equipment provided by Ericsson to Customer and listed in Addendum II to this Agreement. CONDITIONS OF SERVICE 2.1 Ericsson shall supply all supervision, labor, service facilities, repair parts, test equipment, and supplies necessary to meet the service requirements stated in Contract 94-2201 between Ericsson Inc. and Collier County, approved on October 26, 1994. The terms and conditions of this agreement shall be extended to all agencies and entities that operate mobile equipment on Collier County's EDACS radio system. Service Facilities 2.2 Ericsson shall have a full service maintenance facility available and staffed with factory trained service technicians. The location and staffing level shall be sufficient to meet the service requirements stated in this Agreement. Right to Subcontract Ericsson may subcontract service work to authorized service centers that meet the minimum requirements of an EDACS service center set forth in the Ericsson Authorized Service Center Agreement. Should any subcontractor fail to perform or their work otherwise proves unsatisfactory, Ericsson shall be re~sponsible for continuing maintenance of the equipment by qualified technicians for the duration of this Agreement. Communications International Inc. is the only subcontractor approved by Collier County as of July 1999. Collier Maintenance Agreement maincon.doe 8/2099 2.3 2.4 2.5 Fixed Equipment Maintenance Fixed equipment is defined as those site repeater stations and associated equipment, multi- site coordinator, console electronics equipment, radio control stations and other fixed equipment, all as listed in Addendum II, Equipment List, attached hereto and incorporated herein by reference. All work on fixed equipment shall be performed at the location of the equipment. Emergency service shall be provided twenty-four hours per day, seven days per week. Technical personnel must respond and be at the location of the failed equipment within thirty (30) minutes of notification of a failure during normal working hours and within 60 minutes of notification of a failure outside of normal working hours. This service is included in the monthly maintenance rate. No fixed equipment shall be out of service in excess of two hours after notification of equipment failure when the failure results in the inability of mobile units to communicate with each other or with a dispatch center. This requirement may be met by temporary or permanent equipment repairs or by temporary or permanent equipment replacement. Temporary repairs or replacements shall be made permanent within five (5) days. Mobile/MOVABLE Equipment Maintenance Movable equipment is defined as vehicular mounted radios (including boats, aircraft, and specialty vehicles), portable radios, vehicular repeaters, portable radio chargers and other mobile equipment, ail as listed in Addendum II, Equipment List. Movable equipment shall be serviced at an Ericsson facility during normal working hours as mutually agreed upon by Ericsson and Collier County. Ericsson Inc. acknowledges that a limited number of specialty vehicles can not be delivered to the Ericsson facility. These vehicles will be serviced at the vehicle's work location. All movable equipment service requests shall be completed within two working days from the receipt of the repair request. If movable equipment cannot be repaired within two working days from the receipt of the repair request, a spare unit may be provided by the service provider to meet the two working day requirement. Emergency service shall be available twenty-four hours per day, seven days per week. Emergency service on moveable equipment, if requested, will be performed at the rate for demand service set forth in Addendum I, Maintenance Rates, attached hereto and incorporated herein by reference. Ericsson Inc. has agreed that the occasional loss of a control knob, broken antennas, and frayed microphone cords will be replaced at no additional cost to Collier County provided the damage is from normal wear and tear and not physical abuse. Spare Parts and Radios Ericsson will maintain an adequate stock of spare parts, system-critical modules and mobile and portable radios as required to meet the terms and conditions of this agreement. Any additional spare inventory requested by Collier County will be purchased at Collier County's expense. FEB 2 3 199 2.6 Working Hours Working hours are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays. Work performed outside of working hours is defined as emergency service and will be performed at demand service rates. 2.7 Demand Services/EXTRA SERVICES The installation, (excluding new pumhase's) removal, or reinstallation of equipment shall be performed by Ericsson or it's approved subcontractor, following reasonable notice, and at the rates listed in Addendum I to this Agreement. Service work made necessary because of abuse or neglect not under the control of Ericsson will be performed at the hourly rate for demand service, plus the purchase of parts. Special work, not otherwise covered, will be performed at the prevailing rates established by Ericsson's approved subcontractor or may be performed by Customer or its agents at Customer's election and expense. 2.8 Preventive Maintenance Ericsson will adhere to the following preventative maintenance schedule: Daily system test: Review alarm conditions on the system manager computer. Investigate and correct all alarm conditions. Print alarm reports when requested. Weekly system test: Perform a functional test of all systems, all channels and all circuits. Verify that the system is fully functional with an end-to-end voice test. Correct any discrepancies. Quarterly Test: For each site, measure and record transmitter power output frequency, high and low speed data levels, analog deviation and receiver sensitivity and frequency. Correct any deviations from system specifications. Semi-Annual Test: At simulcast sites, verify system amplitude and phase alignment for all channels and all sites. Perform preventive maintenance checks on all repeater stations and site equipment, check antenna reflected power, combiner and multi-coupler performance. Correct any deviations from system specifications. Preventative maintenance shall be done during normal working hours, but not during "peak hours". "Peak Hours" will be identified by the County. 3 FEB 2 1999 2.9 2.10 2.11 2.12 2.13 e Service Records The following service records, in the form of computer printouts, shall be provided: Monthly mobile service activity, by vehicle number, including model number, serial number, work performed and time required to restore service. Monthly emergency service activity including failure type, corrective action taken and time required to restore service. The results of preventive maintenance tests and inspections shall be provided within 30 days of completion. Software Upgrades Ericsson will provide labor to install and test software upgrades, whether for corrective or enhancement purposes, provided that Customer subscribes to an Ericsson software services agreement that provides the upgraded software. Database Reprogramming Mobile radio or system database corrections will be provided by Ericsson at no cost to Customer if the correction is necessary because of an error or omission on Ericsson's part. Database changes made at Customer's request will be performed at the hourly rates listed in Addendum I to this Agreement. General All services provided under this Agreement are only applicable to the land mobile radio products and systems sold and provided by Ericsson to Customer and listed in Addendum II to this Agreement. Special Conditions Any and all special service conditions are listed in Addendum III to this Agreement, the provisions of which are incorporated herein by reference. CUSTOMER FINANCIAL OBLIGATIONS Customer shall pay the total monthly maintenance fees as set forth in Addendum I to this Agreement monthly, in advance, on or before the first day of each month. Fees for demand services, as set forth in Addendum I to this Agreement, are payable within thirty (30) days of receipt of Ericsson's invoice. 4 3.2 3.3 3.4 e 4.2 4.3 ae Ericsson may at any time hereafter revise the rates set forth in Addendum I by giving Customer written notice thereof not later than ninety (90) day prior to the expiration of a yearly period, provided that the revised rates are mutually agreed upon in writing and said revised rates shall be effective for the next yearly period, unless either party exercises its option to terminate the Agreement. Any other payments under this Agreement are due within thirty (30) days of receipt of Ericsson's invoice. All late payments under this Agreement shall bear interest at a rate of one and one-half percent (1.5%) per month. WARRANTY Ericsson warrants that all services performed under this Agreement will be done in an efficient and workmanlike manner. Under no circumstances will Eriesson's liability to Customer exceed the amounts paid by Customer under this Agreement for the applicable service that causes the Customer's claim. IN NO EVENT SHALL ERICSSON BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF CUSTOMER'S CLIENTS, IF ANY, FOR SUCH DAMAGES. THE WARRANTY SET FORTH IN SECTION 4.1 ABOVE IS ERICSSON'S SOLE WARRANTY UNDER THIS AGREEMENT AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Patents, Trademarks, Information Nothing in this Agreement shall be construed as; (i) A warranty or representation by Ericsson that any advice provided under this Agreement is or will be free from infringement of patents of third parties; or (ii) Conferring a right to Customer to use in advertising, publicity or otherwise any trademark or trade name of Ericsson; or (iii) Granting to Customer by implication, estoppel, or otherwise any licenses or rights under patents of Ericsson. be 4.4 be 5.2 5.3 Ericsson makes no representations, extends no warranties of any kind, either expressed or implied, and assumes no responsibilities whatsoever with respect to the adequacy, accuracy or utility of any information obtained by Customer under this Agreement. Ericsson assumes no responsibilities whatsoever with respect to the use by Customer or any third party of.any information obtained by Customer or third party under this Agreement with respect to any use, sale or other disposition by Customer or its clients or other transferees of any products incorporating or made by use of the information obtained under this Agreement. General Radio systems are subject to degradation of service from natural phenomena such as so- called "skip" interference and other causes beyond the reasonable control of Ericsson such as motor ignition and other electrical noise as well as interference from other users assigned by the FCC to the same or adjacent frequencies. Ericsson cannot be responsible for interference or disruption of service caused by operation of other radio systems or by natural phenomena or by motor ignition or other interference over which there is no reasonable control. Such foregoing interference and noise can be minimized by the addition of corrective devices (at Customer's expense) adapted for particular locations and installations. Ericsson will investigate interference complaints (at the rates specified in Addendum I to this Agreement) and make recommendations as to the use of such devices; however, total freedom from noise and interference cannot be guaranteed. Ericsson does not assume responsibility for signal strength unless the deficiency is the result of substandard equipment maintenance. If, due to the action of regulatory authorities, changes to the equipment become necessary, such changes will be performed by Ericsson upon request at the expense of Customer. TERM AND TERMINATION The services under this Agreement will be provided by Ericsson to Collier County for a three year period as established in Contract 94-2201 and thereafter on an annual basis as provided herein with rates to be modified as set forth in Section 3.2. The services shall be automatically extended at the end of the initial three year period for an additional Year and on a succeeding yearly basis thereafter unless either party notifies the other, in writing, at least sixty (60) days prior to the end of the yearly period then in effect that the services shall not be extended. In the event that Customer fails to make any overdue payments due to Ericsson under this Agreement within fifteen (15) days after receipt of written notice from Ericsson, Ericsson may at its option immediately thereafter terminate this Agreement. 6 5.4 e In the event of any other default under this Agreement, either Customer or Ericsson shall give the other party written notice describing the default and a thirty (30) day period to 6orrect the default. This Agreement may then be immediately canceled if the default is not corrected prior to the end of the thirty (30) day period. GENERAL PROVISIONS 6.1 6.2 6.3 6.4 6.5 All notices under this Agreement shall be in writing and shall be deemed to have been duly given upon being delivered personally or upon receipt if mailed by certified mail, return receipt requested. Notices shall be sent to the representatives named below or any subsequent representative for which notice was provided pursuant to this section. Ericsson: Customer: Director, Field Services 5061 Fort Avenue Lynchburg, Virginia 24502 With a copy to: Ericsson Regional Service Manager Information Technology Collier County Gov. Admin. Building 5'h Floor 3301TamaimiTrail East Naples, Florida 34112 This Agreement shall be interpreted and the legal relations between the part~es determ~ned~d'z in accordance with the laws of the State of Florida. The invalidity, in whole or in part, of~[~AJ any provision of this Agreement shall not affect the validity of enforceability of any other provisions thereof, Ericsson shall not be responsible for delays or failures in performance under this Agreement that are due to causes beyond its reasonable control including, but not limited to, acts of God, war, fires, severe weather, floods, strikes, blackouts or embargoes. In the event such delays or failures interrupt Ericsson's services to Customer, Ericsson shall promptly notify Customer of the circumstances and the anticipated delay. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof and this Agreement supersedes and replaces all prior Agreements and understandings, either oral or written, regarding the subject hereof. This Agreement cannot be amended, modified or any provisions waived orally. All amendments and modifications must be in writing and signed by both parties. All waivers must be provided in writing by the party waiving their rights under this Agreement. 7 FEB 2 !999 6.6 This Agreement may not be assigned without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, Ericsson may: (i) assign all of its rights, obligations and liabilities under this Agreement to any subsidiary of Telefonaktiebolaget LM Ericsson; or (ii) assign its rights to monies due or payable under this Agreement; Ericsson shall provide Customer with written notice of any such assignment. Ericsson's assignment of monies due or payable under the Agreement will not relieve Ericsson of any obligations or responsibilities to Customer hereunder. IN WITNESS WHEREOF, Ericsson and Customer have executed this Agreement as of the date set forth below. . ~ . By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA Pan'cia S. Mac'~ie, ~2hair~vom/an - Approved as to form and Legal sufficiency: Thomas Assistant County Attorney SELLER WITNESS ~--~,Witness Name: 8 FE~ 2 ~a 199~ ADDENDUM I EDACS SYSTEM MAINTENANCE RATES A. MONTHLY RATES Monthly charges for maintenance: Annual charges for maintenance: B. DEMAND SERVICE RATES Hourly Rate (normal business hours): Hourly Rate (overtime and holidays): Minimum charge 2 Hrs. Mobile/Portable Radio Reprogramming: C. DATABASE CORRECTION RATES Hourly Rate: $ 75.00 $ 30,664.17 $367,970.08 $ 75.00 $112.50 $ 37.50 (10/99 - 9/00) per unit FEB ADDENDUM II COLLIER COUNTY GOVERNMENT EDACS MAINTENANCE COSTS UNIT COST MAINTENANCE TOTALS OCT 99/ JULY2000/ OCT 1999 OCT 2000/ OCT 2001/ SYSTEM COMPONENT QTY JULY 2000 SEPT 2000 SEPT 2000 SEPT ;1001 SEPT 2002 TRUNKED REPEATERS 77 200.00 210.00 186,340.00 195,657.00 207,396.42 CONVENTIONAL REPEATERS 14 150.00 157.50 25,410.00 26,680.50 28,281.33 SITE CONTROLLERS 5 250.00 262.50 15,125.00 15,881.25 16,834.13 TEST/ALARM SYSTEM 5 100.00 105.00 6,050.00 6,352.50 6,733.65 SYSTEM MANAGER COMPUTER 1 400.00 420.00 4,840.00 5,082.00 5,386.92 VOTING SYSTEM-PER CHANNEL 15 50.00 52.50 9,075.00 9,528.75 10,100.48 SIMULCAST SITES 4 100.00 105.00 4,840.00 5,082.00 5,386.92 C-3 CONSOLES 9 150.00 157.50 16,335.00 17,151.75 18,180.86 MICROWAVE HOPS 18 125.00 131.25 27,225.00 28,586.25 30,301.43 CONSOLE BACK UP RADIOS 9 8.00 8.40 871.20 914.76 969.65 SYSTEM SUBTOTAL 296,211.20 310,916.76 329,571.77 PRISM / LPE-ANALOG 210 7.00 7.35 17,787.00 18,676.35 19,796.93 PRISM / LPE DIGITAL 67 8.00 8.40 6,485.60 6,809.88 7,218.47 PRISM / LPE CHARGER 277 1.25 1.31 4,189.63 4,399.11 4,663.05 MDX - ANALOG 254 7.00 7.35 21,513.80 22,589.49 23,944.86 MDX - DIGITAL 36 8.50 8.93 3,702.60 3,887.73 4,120.99 ORION - DIGITAL 50 9.50 9.98 5,747.50 6,034.88 6,396.97 MDX DESKTOP - ANALOG 32 20.00 21.00 7,744.00 8,131.20 8,619.07 MDX DESKTOP - DIGITAL 15 20.50 21.53 3,720.75 3,906.79 4,141.19 DESK TOP REMOTES 40 2.00 2.10 968.00 1,016.40 1077.38 EQUIPMENT SUBTOTAL 71,858.88 75,451.82 79,978.93 MAINTENANCE TOTAL 367,970.08 386,368.58 409,550.69 MONTHLY PAYMENT 30,664.17 32,197.38 34,129.22 10