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Agenda 06/27/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, June 27, 2000 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GILkNTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION- Minister Art Holt, Unity of Naples Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. I June 27, 2000 e APPROVAL OF MINUTES A. May 23, 2000 - Community Redevelopment Agency Meeting B. May 31, 2000- LDC Meeting .5~ PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS 1) Mark Callis, Facilities Management - 5 Years 2) Larry Graham, Parks & Recreation - 5 Years 3) Jose Condomina, Parks & Recreation - 5 Years 4) Carolann Adams, Library- 5 Years 5) Glenda Smith, Planning Dept. - 10 Years 6) Ron Jamro, Museum - 20 Years 7) Luz Pietri, Library- 25 Years C. PRESENTATIONS 1) This item has been deleted. 2) The Community Development and Environmental Services Division representing the Florida Archaeological Council in presenting the Stewards of Heritage Award 2000 to the Collier County Historical and Archaeological Preservation Board and Planning staff for their commitment to the protection of archaeological and historical resources in Collier County. 3) Presentation of Adopt-A-Road Sponsor Recognition. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Wes Brodersen, President, Guider Real Estate, inc. regarding a business flag display. 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Report on the lmmokalee Housing Initiative Program and consideration of additional implementation strategies. 2) Board authorization for the County Attorney to retain outside legal counsel to research the advisability of filing a lawsuit in Federal Court to challenge implementation of Florida's Communications Services Tax Simplification Act (Senate Bill 1338). B. TRANSPORTATION SERVICES 1) Report to Board of County Commissioners on the results of the annual Countywide Traffic Signal Warrant Study and Intersection Improvement Program. 2) Adopt a resolution authorizing the acquisition by condemnation of perpetual, non-exclusive, road right-of-way, utility, drainage, maintenance and temporary construction interests by easement for the construction of the four-laning roadway improvements for County Barn Road Project between Davis Boulevard (SR 84) and Rattlesnake Hammock Road (CR 864), CIE No. 33. PUBLIC UTILITIES 1) Accept a report evaluating the use of the Lee County Waste-To-Energy Facility. 2) Approval of Florida Department of Environmental Protection Consen! Order odor emissions. D. PUBLIC SERVICES E. SUPPORT SERVICES F. EMERGENCY SERVICES 1) Presentation regarding update on 2000 hurricane season. 9o 10. G. COUNTY MANAGER H. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Lake Trafford Restoration Task Force. B. Report on the composition of the Rural Assessment Oversight Committees. C. Appointment of members to the Rural Lands Oversight Committee. D. County Attorney annual performance review (Commissioner Constantine). E. Resolution requesting FDOT to remove, replace and/or install highway directional signs for International College at various intersections throughout Collier County. (Commissioner Berry) F. Discussion/Action regarding potential land swap. (Commissioner Constantine) G. Discussion regarding weekly BCC meetings. (Commissioner Constantine) Detailed discussion regarding transportation planning. 1. i)avis Boulevard landscaping. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-2000-04 Timothy W. Ferguson representing Outdoor Resorts of America requesting a rezone from its current zoning classification of "A" Rural Agricultural and PUD to "PUD" Planned Unit Development to be known as Outdoor Resorts of Naples. The subject property is an undeveloped 93.5 acre parcel located on !mmokalee Road approximately one half mile east of Collier Boulevard (CR 951), in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 2) Petition PUD-2000-05 Michael R. Fernandez, AICP, of Planning Development, Inc. representing John J. Nevins, Bishop of the Diocese of Venice requesting a fezone from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development to be known as The Mission Church. The subject property is an undeveloped 35.56 acre parcel located at the northeast intersection of Vanderbilt Beach Road and Collier Boulevard (CR-951), in Section 35, Township 48 South, Range 26 East, Collier Count), Florida. 3) THIS ITEM WAS CONTINUEI) FROM TIlE MAY 23. 2000 5lEETING AND IS FURTHER CONTINUED INDEFINITELY. Petititm PL;!)-2000-(}2 William Hoover Planning and Developme,~t, !no. representinc Mark L. IAntlcr. l'rustcc. rcqucstio~ a fezone from its current zooing classification uf "A" Rur:tl :X~ricul~ural t~> "['UI)" Planned Uuit Development to be knowu as ttibiscus ~illa~c Pt'l) for an :~ffi~rdable bousinE developmorn. The subject property is an un(te~ch~pcd 18.76 :icrc tinreel lm-:~tcd o~ the ~,<~st qittt? ,:c ('ollie,' Boulevard approximately 3/4 of a mile north of Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Co OTHER 1) To amend Ordinance 99-51, the Weeds, Litter and Exotics Control Ordinance. 2) Adopt an ordinance revising the Library Impact Fee rate schedule and adopt an ordinance revising the Emergency Medical Services Impact fee rate schedule. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-2000-10, Rodney K. and Donna R. Pavlisin, requesting a 5-foot variance from the required 10-foot rear yard setback for accessory structures to 5-feet for property located at 5970 Amberwood Drive, further described as Lot 14, Pelican Strand Replat-6, in Section 19, Township 48 South, Range 26 East, Collier County, Florida. 2) Petition V-2000-12, Richard Baranski, representing Michael Browder, requesting an after- the-fact variance of 1.5 feet from the required 10-foot rear yard setback for accessory structures to 8.5 feet for property located at 6630 New Haven Circle, further described as Lot 122, Mill Run at the Crossings, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. 3) Petition SV-2000-01, Karen Bishop of PMS, Inc. representing Vanderbilt Partners, Ltd., requesting a variance from the provisions of Subsection 2.5.5.1.6. of the LDC which permits a maximum of two signs with a maximum height of eight feet and a maximum area of sixty- four square feet, with the resulting variance allowing for three signs, two located oo the southern corner of the property with one thirty two square foot sign on a planter ~all at tile base of an existing structure, one sign on the same structure at a height of twenty two feet with an area of fifteen square feet and one sign at the entrance to tile development ~'ith an area of thirty two square feet for property located at the iotersection of Vanderbilt t)rivc aud Vanderbilt Beach Road and known as Regatta. 4) Petition PE-2000-01, R..I. Ward of Spectrum Engineering, Inc., representing Ih~h,,[~ Nevins of the Diocese of Venice, requestlug parking exemption appr{~val for ~,t. Apostle Church for off-site parking on the sooth side of Rattlesnake ttamm~ck from the Hawaii Boulevard intersection, in Section 18 & 19, Township 50 South, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGEN!)A - All matters listed under this item are considered to be routine and action will he taken hx one motiou without separate discussion of each item. If discussion is desired by a member of tile Board, that item(s) will be removed fron~ ¢he Consen~ A~enda and considered separately. Ae COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve an Agreement to accept a Derelict Vessel Removal grant from the Florida Fish and Wildlife Conservation Commission. 2) Approval of an agreement with the Florida Department of Environmental Protection to conduct ambient air quality monitoring with Collier County. 3) Award Bid 00-3068 to Astoria Pacific International to obtain an Automated Flow Analyzer. 4) Approval of a Budget Amendment transferring funds from 113 Reserves for Fire Plan Review. 5) Authorization of a 100% waiver of Impact Fees for three houses to be built by Habitat for Humanity in Collier County, Florida. 6) Assignment Agreement for easement for Bentgrass Bend at Pelican Marsh. 7) Final acceptance of water utility facilities for Villas at Greenwood Lake Sales Trailer. 8) Request to approve for recording the final plat of "Osprey Isle at Carlton Lakes" 9) Request to approve for recording the final plat of "Naples Lakes Country Club Unit Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 10) Request to approve for recording the final plat of "Preserve Commons", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 11) Authorization of a 75% deferrai of impact fees for one house to be built by Benjamin and Iris Sanchez at 170 Golden Gate Blvd., in Golden Gate Estates, Collier County. 12) Fourth Amendment to the FY2000 'Fourism Agreement approved in 1999 between Collier County and the Tourism Alliance of Collier County regarding the Film Office. 13) Approve a Budget Amendment to appropriate funds for Icgal services related to the Growth Management Plan. 14) Request to approve for recording the final plat of "BLock E Kensington Park Phase Two Replat". 2) Report to the Board on staff and consultant findings and recommendations for a right turn lane for Southbound Airport-Pulling Road (CR 31) at Davis Boulevard (SR 84). 3) This item has been deleted. 4) This item has been deleted. 5) Approve Amendment No. 13 to the Professional Services Agreement with Hole Montes and Associates, Inc., for the lmmokalee Road Phase II (1-75 - CR 951), Project 069101. 6) Metropolitan Planning Organization (MPO) Budget for Grant Year 2000-01. 7) Approve Amendment No. 10 to the Professional Services Agreement with Hole Montes and Associates Inc., for Livingston Road North Four Laning MSTU, Project #65041. 8) Recommendation that the Board of County Commissioners approve the compensation amount for Fiscal Year 2001 and amend Exhibit "A" as contained herein with Severn Trent Environmental Services, Inc., to provide for current contract manager services for the Pelican Bay Services Division. 9) Approve a Budget Amendment for traffic signal systems added to the FY2000 Traffic Signal Program. ~ 10) Award a Construction Contract to Better Roads for the Pathways 2000 Project, Bid No. 00- 3080. 11) Award a Construction Contract to APAC-Fiorida, Inc., for intersection improvements at !mmokalee Road and Randall Boulevard, Bid #00-3084. 12) Approve Change Order #2 for Work Order #TE-98-TO-05 assigned to Tindale-Oliver and Associates, Inc., for roadway and traffic signal improvements on Golden Gate Parkway at Coronado Parkway. Approve Work Order No. JEN-FT-99-1-1A with Jenkins and Charland, Inc., and Work Order No. PHA-FT-99-3-2A with Pitman-Hartenstein and Associates, Inc., for partial CEI involvement during the construction of the proposed Palm River Boulevard Bridge replacement and utility relocation, Project No. 69133. 14) Award a construction contract to Landscape Florida, for Radio Road median landscape improvements, Bid No. 00-3072. Approve contract for Construction Engineering Inspections Services by Wilson Miller for Pine Ridge Road widening from Airport Road to Logan Boulevard, Project No. 60111, CIE No. 41. 16) A Resolution appointing and authorizing the Public Utilities Administrator, the Transportation Administrator, the Transportation Operations Director, the Transportation Planning Director, the Engineering and Construction Management Director, and the Stormwater Management Director to execute Grant Applications, Permit Applications, and other documents pertaining to the Construction of Public Works Improvement Projects. 17) AI)prove staff ranking of firms for contract negotiations for design and permitting of Golden (;ate Parkway from Airport Road to Santa Barbara Boulevard, Project No. 60027. Avprove Supplemental Agreement No. 2 to the Professional Services Agreement witIx .Iohnson Engineering, Inc., for Goodlette~Frank Road improvements between Pine Ridge and Vanderbilt 11each Road, Project No. 60134, CIE #65. 19) Approve a donation agreement and accept a drainage easement from Palm River, L.L.C. 20) Requesting direction to revise the enabling ordinance that sets forth the requirements for the Golden Gate Beautification MSTU Advisory Committee. 21) Recommendation that the Board of County Commissioners award Bid #00~3052 for Pelican Bay streetlights, sign poles and luminaries to Consolidated Electric Distribution, Inc., to reject the bids for the sign poles and approve the necessary amendment. 22) Approve a 2-Party Agreement and accept an easement and temporary construction easement from Briarwood Development Corporation. PUBLIC UTILITIES This item has been deleted. 2) Approval of Amendment to a Reclaimed Water Agreement by and between the Collier County Water Sewer District and Audubon Joint Venture. 3) Increase award amount of Bid No. 00-3055 for painting of aerial water, wastewater and effluent lines. 4) Tentatively award Contract pending easement acquisition to construct 30-inch lmmokalee Road parallel sewer force main, Bid 00-3074, Project 73943. Approve Change Order to the North County Water Reclamation Facility 5-MGD Expansion, Bid 99-2908, Project 73031. Approve Professional Services Agreement with Hole, Montes & Associates, Inc., for engineering services related to Marco Island sewer improvements, Project 431-234111. 7) Approve Professional Services Agreement with Focus Engineering, Inc., for engineering services related to Pelican Bay Fire and Irrigation Water System Improvements, RFP 00- 3051, Project 74023. 8) Approval of Budget Amendments for Water Operations and Water Capital Projects. 9) This item has been deleted. 1{)~ 'Fhis item has been deleted. il) Accept tile utility easement for the Diamond Shores Subdivision connection to the County Re~ionat $e~$ ec Facilities. \ill)rose a~, [~tc~'local A~rcement with Ced:~r ~!:~mmock Hecit:l~c Community Development {)istric,'. D. PUBLIC SERVICES 1) Approval of interlocal fund sharing agreement with the City of Everglades to renovate the recreational community center. 2) Approve a budget amendment to fund construction of a neighborhood park on Tract #179 located within Golden Gate. 3) Waive requirement for formal bid process utilizing general contractor's services work order system and award work order for the construction of a roller hockey rink cover. 4) Approval of a cooperative agreement with Signature Communities, Inc. and Bayside Builders, Inc. for the design and construction of Conner Park. $) Approve the Home Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. 6) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. 7) Approve the Alzheimer's Disease Initiative Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. 8) Authorization to accept funds to employ a 4H program assistant. SUPPORT SERVICES Budget Amendment to ComEnit Reserves for increased Fuel Costs in Fleet Management Fund $21-122450. 2') ,Approve Exhibit 2, Contract Amendmeqt, RFP 98-2856, Consultant Services for !)eveh)pment of Regional Impact (DR!) Process. 3) Approve Amendment No. 3, Domestic Animal Services Shelter, Professional Services Agreement, RFP ~)7-2754. 4) This item has been deleted. 5) Recommendation to have the Board of County Commissioners Approve Assignment of Lease for Bid No. 99-3018, Brush Patrol Vehicle. 6) Request Board Approval of a Budget Amendment Recognizing Increased Expenses and Revenue in Fund 188. 7) Authorize Consolidated Media Systems Inc., as Vendor for Purchase of Camera Equipment for the Board. 8) Recommendation to Amend County Purchasing Policy. 9) Approve a Budget Amendment to Appropriate the Maintenance Service Revenues for Reimbursement of Operating Expenses. 10) Recommendation to Award Bid No. 00-3044, Concrete/Pavement Contractor. 11) To Approve the Transfer of Capital Funds for Administration Building (F) Renovations. 12) Recommendation to Award Bid No. 98-2827, Locksmith Services. Fo EMERGENCY SERVICES COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #00-300; #00-303; #00-295, #00-351. 2) Approval of a Budget Amendment adjusting the countywide capital fund budget for the capital project carryforward. H. AIRPORT AUTHORITY 12 I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the Sheriff's Office United States Department of Justice COPS More 2000 Grant Application and increase the Sheriff's Office Fiscal Year 2000/01 Budget for nine civilian positions. L. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment Relative to the easement acquisition on Parcel Nos. 111, 112, 612, 711, 172A, 712B, 811A, 81lB and 812 in the lawsuit entitled Collier County v. John A. Pulling, et aL, Case No. 98-1674-CA (Airport- Pine Ridge Road to Immokalee Road) 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 84~T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated 6/05/86, et aL, Case No. 99-3040-CA (Livingston Road from lmmokalee Road to Imperial Road). M. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTEREl) TO SPEAK IN OPPOSITION TO THE ITEM. An Ordinance amending Ordinance No. 92-18, as amended, the Collier County Tourist Development Council; by amending Section Three, Composition of Membership, Providing for Be Fo Alternating Membership Between the City of Everglades and the City of Marco Island, and to Include Future Cities in the Rotation of its Membership; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. Petition PE-2000-02, William C. McAnly of McAnly Engineering and Design, Inc., representing Golf Club of the Everglades, requesting a parking exemption to reduce the required 122 parking spaces to 71 parking spaces and to reserve !and for 60 parking spaces for a private golf club located on the northeast corner of Vanderbilt Beach Road Extension and Douglas Street, in Section 36, Township 48 South, Range 26 East, Collier County, Florida. Petition PUD-99-27, Mr. Tim Hancock, of Planning Solutions, Inc., representing Richard Myers, Trustee, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Pine View PUD for property located on the southwest corner of Pine Ridge Road (C.R. 896), and Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 16.5 acres. Petition PUD-89-06(4), George L. Varnadoe, Esq., of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Halstart Partnership and Naples Golf Course Holdings, Ltd., requesting an amendment to the Grey Oaks PUD having the effect of rezoning the property from "PUD" Planned Unit Development to "PUD" Planned Unit Development for the purpose of relocating authorized commercial development between the northeast and northwest activity nodes while reducing the acreage of total commercial area by 15.6 acres; reducing the number of dwelling units by 300; revisions to golf course acreage and water management facilities; revision to access points and elimination of Airport-Pulling Road and Golden Gate Parkway overpass, for property located in the northeast, southeast and northwest quadrants of Airport-Pulling Road (C.R. 31) and Golden Gate Parkway (C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1601+ acres. (companion to DOA-2000-03) Petition DOA-2000-03, George L Varnadoe, Esq., of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Halstart Partnership and Naples Golf Course Holdings, Ltd., requesting an amendment to the Grey Oaks Development of Regional Impact (DRI), Development Order (DO-90-3), as amended, for the purposes of relocating authorized commercial development between the northeast and northwest activity nodes while reducing the acreage of total commercial area by 15.6 acres; reducing the number of dwelling units by 300; revisions to golf course acreage and water management facilities; revision to access points and elimination of Airport-Pulling Road and Golden Gate Parkway Overpass, for property located in the northeast, southeast and northwest quadrants of Airport-Pulling Road (C.R. 31) and Golden Gate Parkway (C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1601+ acres. (companion to PUD-89-06(4)) A Resolution amending Resolution 97-49 to correct a scrivener's error in paragraph six providing the legal description for property at 1351 Caxambas Court in Section 20, Township 52 South, Range 26 East, Collier County, Florida. Petition VAC-00-009 to disclaim, renounce and vacate the public's interest in road right of way, being a portion of Lucerne Road, according to the plat of "Golden Gate Unit 4", as recorded in Plat Book 5, pages 107 through 116, Public Records of Collier County. Located in Section 21, Township 49 South, Range 26 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING JUNE 27~ 2000 ADD: ITEM 2(A): SWEAPJNG IN OF DAVID E. BRANDT, COMMISSIONER FOR DISTRICT #1. ADD: ITEM S(C)(4~: PRESENTATION OF NATIONAL MoTro PLAQUES BY THE AMERICAN FAMILY ASSOCIATION (COMMISSIONER CONSTANTINE). ADD: ITEM 8(A): REQUEST BY PLANNING SERVICES STAFF FOR THE BOARD TO DELEGATE LIMITED TEMPORARY AUTHORITY TO THE RISK MANAGEMENT DIRECTOR. (STAFF'S REQUEST). ADD: ITEM 8(I))(1): AUTHORIZATION TO PURCHASE A SHERMAN TANK TO BE DISPLAYED AS A PERMANENT MEMORIAL AT THE COLLIER COUNTY MUSEUM TO COMMEMORATE THE VALOR AND SACRIFICE OF VETERANS WHO SERVED IN WORLD WAR II. (STAFF'S REQtmST). ADD: ITEM 10(J): RESOLUTION TO URGE GOVERNOR fEB BUSH TO STOP THE CLOSING OF G. PIERCE WOOD MEMORIAL HOSPITAL IN DESOTO COUNTY. (COMMISSIONER CONSTANTINE). ADD: ITEM 16(E)(13): APPROVAL OF A FAITHFUL PERFORMANCE BOND FOR DAVID E. BRANDT IN HIS CAPACITY AS COUNTY COMMISSIONER. (STAFF'S REQUEST). MOVE: ITEM 16(BX2) TO 8(B}¢3): REPORT ON STAFF AND CONSULTANT FINDS AND RECOMMENDATIONS FOR A RIGHT TURN LANE FOR SOUTHBOUND AIRPORT-PULLING ROAD AT DAVIS BLVD. (STAFF'S REQUEST). WITHDRAW: ITEM 13(A)(3): PETITION SV-2000-01, VARIANCE REGARDING SIGNAGE FOR PROPERTY LOCATED AT THE INTERSECTION OF VANDERBILT DRIVE AND VANDERBILT BEACH ROAD, KNOWN AS RF_~ATTA. (PETrrlONER'S REQUEST). CONTINUE: ITEM 16(B)(8) TO ~1 MF.~.TING: APPROVE TIlE COMPENSATION AMOUNT FOR FY 01 AND AMEND EXHIBIT "A" AS CONTAINED HEREIN WITH SEVERN TRENT ENVIRONMENTAL SERVICES TO PROVIDE FOR CURRENT CONTRACT MANAGER SERVICES FOR THE PELICAN BAY SERVICES DMSION. (STAFF'S REQUEST). ~I'AIOF BISCUSSION 1. STATUS OF FILM COMMISSION. EXECUTIVE SUMMARY THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REPRESENTING THE FLORIDA ARCHAEOLOGICAL COUNCIL 1N PRESENTING THE STEWARDS OF HERITAGE AWARD 2000 TO THE COLLIER COUNTY HISTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD AND PLANNING STAFF FOR THEIR COMMITMENT TO THE'PROTECTION OF ARCHAEOLOGICAL AND HISTORICAL RESOURCES IN COLLIER COUNTY. OBJECTIVE: To inform the Board of County Commissioners that the Florida Archaeological Council presented its Stewards of Heritage Award on May 5, 2000 to the Collier County Historical and Archaeological Preservation Board and Coordinating planning staff. This award honors their commitment to archaeological preservation and education in Collier County. The award also recognizes the C9unty's continued commitment to preserve its' cultural resources through the implementation of its Preservation Ordinance that was incorporated into the Collier County Land Development Code. CONSIDERATIONS: On August 7, 1991, the Board of County Commissioners adopted Ordinance 91-70 establishing the Historical and Archaeological Preservation Ordinance. This Ordinance was subsequently incorporated into the Land Development Code in Section 2.2.25 and Division 5.14. These regulations were enacted to protect, preserve, and perpetuate Collier County's historic and archaeological sites, districts, structures, buildings and properties. Planning Services Staff is committed to identifying historic resources prior to land development activities in order to protect them from accidental destruction. An important tool used by staff to identify and preserve historic and archaeological resources is the "Map of Historical and Archaeological Probability" that was adopted by the Board of County Commissioners on August 10, 1993 and updated in 1999. This map depicts the location of existing historic structures and archaeological sites and identifies areas of highest archaeological probability. The location and size of the "Probability Areas" were based upon previous survey work and computer modeling. Properties under consideration for a rezone or other land development application located within an area- designated historical/archaeological, the property'owner is required to have a survey and assessment Wepared by a certified ~archaeologist. Planning Services staff reviews the survey findings and develops recommendations based on the survey findings. These findings are presented to the Collier County Planning Commission for incorporation into the local development order along with a copy to the Preservation Board for their review and comment: Planning Services staff also researches the background data and analyzes applications for designation of historical and archaeological sites, structures, buildings and properties as locally significant. This information and data is then presented to the Collier County Historical and Archaeological Preservation Board for their review and recommendation before it is forwarded to the Board of County Commissioners for their review and determination. Sites and structures that receive Historic Designation are subject to the preservation guidelines contained in the Land Development Code. Any modification or improvement requires a certificate of appropriateness by the Preservation Board prior the issuance of a building permit. Furthermore, the Plarming Services Staff requires archaeological excavations and monitoring of properties that are within probability areas along with providing archaeological training for the Preservation Board Members and County Inspectors. Lastly, the Planning Services staff has created a Web Page on the Internet that provides educational information; background data and pictures of locally designated sites/structures, meeting agendas, historic guide maps and the latest preservation new s. FISCAL IMPACT: Not Applicable. GROWTH MANAGEMENT IMPACT: Not Applicable. PLANNING SERVICES STAFF RECOMMENDATION: To have the Board Of County Commissioners accept the Stewards of Heritage Award on behalf of the Collier County Historical and Archaeological Preservation Board. 2 PREPARED BY: R VmW O RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECT1ON ROBERK J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APta~i~E D BY: / ? VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVi RONMENTAL SVCS. DATE DATE DATE DATE Historic Preservation/EX SUMMARrY, R V B/rb 3 TIlE FLO~DA ARC~EOLO61CAL COUNCIL PRF_,SKNTS THE STE~A~S OF HERITA6E PRF..SF.J:~V'ATION HONOREES Apalachico!a National Estuarine Research Reserve Collier C,o. unty His, .torical ,,and Archaeplogical preservation Board Mr. John Schafer Gul~,. stre~ Proj~ Mayor Alex Penelas Mr. Merritt Steirheim Ms. Katy Sorerison .Mr. Tom Goldstein Mr. Thomas Logue Miam[.,-Dade County for the Miami Circle Busi $u The Florida Archaeological Council cordially invites you to attend a reception to honor the recipients of the Stewards of Heritage Preservation Awards 2000 Friday, May 6, 2000 6 until 9 p.m. at The Edison/Ford Winter Estates 2350 McGregor Boulevard Fort Myers, Florida Welcoming Address Ms. Judith Surprise Director, Edison/Ford Winter Estates Special Guest Speaker. Dr. Janet Snyder Matthews State Historic Preservation Officer Business Attire Light Refreshments RSVP before April 28 Lee Hutchinson (941)-925-9906/acimainfi@cs.com Susan White (941)-316-1115/slwhite(~co.sarasota.fi.us The Stewards of Heritage Preservation Awards honors those ind~'viduals and organizations who have made a commitment to archaeological preservation, education, and public support of Florida's rich history. We Would Like to Thank Our Sponsors: America Preservation Consultants, Inc. Archaeological Consultants, Inc. Broward County Archaeological Society David Burns Central Gulf Coast Archaeological Society Joan E>eming EnvironmentaJ Services, Inc. Florida Archaeological & Historical Conserv~ncy Florida Museum of Natural History R. Christopher Goodwin & Associates, Inc. Beth Horvath Janus Research Jeffrey Mitchem Barbara Purdy Donna Ruhl Southeastern Archaeological Research, Inc. SouthA~c, Inc. Margo Stringfield Time Sifters Archaeological Society, Inc. Brent Weisman Nancy W~hite COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 June 9, 2000 Mr. Wes Brodersen, President Gulder Real Estate, Inc. 4575 Bonita Beach Road Bonita Springs, Florida 34134 Re: Request for Public Petition - Flag Display Dear Mr. Brodersen: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 27, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meet'rag. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO/bp cc: County Attorney Community Development Services Administrator AGENDA 7z~l~ No. ? _. 2000 Pg. ~ pedone_b ~m: ,lt: TO: Subject: olliff t Thu~day, June 08, 2000 4:37 PM pedone_b FW: Collier County Flag Ordinance Barbara, Please place Mr. Brodersen on the agenda under public petition for Tuesday 6/27 and send him a letter to confirm. 'Thanks, TWO. ..... Original Message ..... From: Wes Brodersen [mailto:wes48@gulfcoast.net] Sent: Wednesday, June 07, 2000 4:41 PM To: olliff t Subject: R~: Collier County Flag Ordinance Sir, I fly seven (7) flags in front of my business. Code enforcement has asked me to remove four (4) of Them. I have and insernational real estate brokerage business and fly flags of countries who's language we speak. > From: oliiff t <TomOlliff@colliergov.net> > Date: Wed, 7-Jun 2000 13:10:51 -0400 > To: 'Wes Brodersen' <wes48@gulfcoast.net> ~_$ubject: RE: Collier County Flag Ordinance .r. Brodersen, > Could you be more specific? > Tom Olliff. > > ..... Original Message ..... > From: Wes Brodersen [mailto:wes48@gulfcoast.net] > Sent: Wednesday, June 07, 2000 1:12 PM > To: TomOlliff@colliergov.net > Subject: Collier County Flag Ordinance > > > Sir, > I would like to request to be allowed to address the Collier County > Commissioners a~ the next public meeting. I have a business in Collier > County and feel that the present codes limit my ability to compete. > Thank-you for your consideration, > Wes Brodersen, President and Broker, > Gulder Real Estate, Inc. > 1 No. _ JUN 2 ? 2000 COLLIER COUNTY MANAGER'S OFFICE June 19, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Jeff Popick Popick Properties, Inc. 999 Spruce Avenue Marco Island, Florida 34145 Re: Request for Public Petition - Monthly Sewer Bill Dear Mr. Popick: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 27, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting, The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO/bp cc: County Attorney Public Utilities Division AGENDA ~TEM NO. .,' -, , Popick Prope nc. 999 Spruce Avenue, Ma~co island, FL 34145 * (~.4~;) ~:~000 '" (,~) ~424000 fax !fAX TR.~qSMITTAL Page 1 of I TO: BARBARA DATED: June 9, 2000 FAX: 941-774-4010 PEDONE (Exec. Sevc~.~,~j Coun~ Manager) Dear Barbara: Mary. Jo Thurston recommended i write this le~e; to you requesting to be put on the agenda under public petition. Recently I purchased a~ office building locatec a~: 20 Marco Lake Drive, Marco Island. Our average monthly wat~ bill is ap~c:c2mately $70 pm month. Our monthly sewer bill is $528.44 per montk This is ;~ rr~jor inequity and needs to be heard by the board of com_missioners. Please let me know wh~ tlais issue will be heard. Sincerely, JeffPopick 941-394-4000 94 ] -450-3000 cellular AGENDA~TEM No.... ~ JUN 2 7 2000 EXECUTIVE SUMMARY REPORT ON THE IMMOKALEE HOUSING INITIATIVE PROGRAM CONSIDERATION OF ADDITIONAL IMPLEMENTATION STRATEGIES. AND OBJECTIVE: Program and development. To provide the Board with a progress report on the Immokalee Housing Initiative to consider additional implementation strategies to further the program's BACKGROUND: On September 28, 1999 the Immokalee Housing Initiative Program was presented to the Board of County Commissioners in conjunction with the annual report on the Housing Element of the Growth Management Plan. This program provides an assessment of all substandard housing units and the development of incentives to encourage property owners to replace or renovate the units. The assessment is be divided into two groups: mobile home parks (3 or more mobile homes on one lot) and all other types of housing (i.e. single family, multi- family, and individual mobile homes). Having a presence in Immokalee of staff members to implement the program was also discussed. There was consensus by the Board to support the program. This initiative is a collaborative effort between four departments: Planning Services, Code Enforcement, Building Review and Permittmg~ and Housing and Urban Improvement. The overall goal of the program is to provide safe, affordable housing in the Immokalee community. In addition to these departments, staff has coordinated with the Florida Department of Health, the Department of Revenue, and the Collier County Sheriff's Office on these, and other issues, regarding a cleaner and safer Immokalee. PROGRESS REPORT: NEW HOUSING DEVELOPMENT Since September 1999, the Housing and Urban Improvement Department has committed to assist in the creation of 539 new affordable housing units in Immokalee by providing loans, deferrals or waivers totaling $1,825,000 for the following projects: · Farmworker Housing Facility providing a 300 bed dormitory style building as well as 40 Single family home sites; · 35 Additional houses in Farmworker Village; 79 Unit Mainstreet Village Very Low Income Affordable Housing Development; and · 85 New homes in the Carson Lakes Subdivision by Habitat for Humanity. In addition, the Board approved the Jubilation PUD, a neo-traditional housing development, that will consist of 105 housing units, plus a community center, and a U-Pick blueberry farm. The PUD is part of the Harvest For Humanity project. The Board authorized waiving review fees for the development. HUI staff submitted a grant application to the CDBG Economic 1 No. 1"3|. ~t' ! / JUN 2 7 2000 Pg. / authorized waiving review fees for the development. HUI staff submitted a grant application to the CDBG Economic Development Grant program for $340,000 to assist in funding infrastructure improvements for the economic development portion of the project. Staff has increased outreach activities in Immokalee and have been coordinating with Collier County Extension and the Library Outreach Specialist to promote credit counseling, home ownership programs, and the State Housing Initiatives Partnership (SHIP) residential rehabilitation program. An inventory and assessment of the single family, multi-family, and individual mobile homes has not yet begun given time constraints of staff. MOBILE HOME PARKS There are many issues surrounding the current conditions of the mobile home parks. Many of the parks have existed since the 1960's and many of the mobile homes in the parks are as old. Property owners have stated that they would replace the older mobile homes if they would not loose their existing density and if development fees would not out-cost the replacement of the units. The assessment began with the inventory of mobile home parks and licensed migrant labor camps that were identified in the 1994 Immokalee Housing Study. That study revealed 41 Mobile Home Parks and 83 Migrant Camps. For the purpose of this program, staff had identified 95 properties that were considered to be mobile home parks. The Code Enforcement Department did a preliminary inspection in October 1999, which identified 81 mobile home parks with 1229 mobile homes. This preliminary inspection lead to many questions regarding ownership, addressing, and state licensing. A more detailed inspection was warranted and began in April 2000. To date, 44 of the mobile home/migrant camps have been respected to verify number of units, acreage, and location. Of the 44, 11 of the properties did not meet the definition of a mobile home park (3 or more units on one lot). Five hundred and fifteen (515) traits were sited on the 33 mobile home parks. Five percent or 24 mobile homes have recorded permits and another 58 mobile homes are recorded on the proper~ appraiser's records. Of the 33 mobile home parks, 16 of the parks do not conform to current zoning regulations in regards to density. Of the 16, nine do not conform to densities permitted as identified by the Future Land Use Map of Immokalee. The inventory is still being updated as Code Enforcement Investigators conduct detailed site inspections. Staff recognized that many of these parks were built prior to the current zoning standards and the adoption of the Immokalee Area Master Plan. Since the goal of the program is to eliminate substandard mobile homes, staff investigated ways to provide incentives for the mobile home park owners to replace substandard units while maintaining a density that would be economically feasible to them. In addition, there are inadequate historical records on issuance of building permits. One of the main 2 problems with tracking the existing mobile home parks is the limited amount of recorded information on these parks. The following steps have been initiated: 1. The Department of Housing and Urban Improvement developed a program that funds up to $200 per unit to assist property owners who need to prepare a Site Improvement Plan for their trailer park. This program will provide park owners and/or operators with a grant for approximately two thirds of the cost assessed by engineering firms for preparing such plans. This program is funded through SHIP. 2. In November 1999, Code Enforcement mailed a letter to the 95 identified mobile home property park owners. The letters were non-specific but informed the owner that there may be a violation on the property and he/she should contact Code Enforcement by August 31, 2000 in order to qualify for a new program that was being established to assist with these violations. 3. Approximately 50 calls were received by both Code Enforcement and the Planning Services Departments in response to the letters. These calls resulted in a dialogue between propert), owners and staff that identified issues that need to be resolved prior to the program being implemented. The following issues/actions were identified: a. For mobile home parks that are non-conforming due to density, the County would propose a higher density than currently permitted through zoning overlays or Comprehensive Plan Amendments, provided the mobile home park owner participates in the Housing Initiative program in accordance with identified time frames. Staff would review the location of the park to determine that the use and the proposed density is compatible with future redevelopment plans for the community. If not, the mobile home park may lose some of its units, but would still be eligible for other incentives under this program. In order to participate the owner would need to submit a Site Improvement Plan, have each unit on site inspected, and replace any trailer that did not meet minimum health safety housing code issues. The total number of trailers permitted will not exceed the number of trailers identified for that site on the Code Enforcement Inventory. b. The Planning Services Department developed modified guidelines for the Immokalee mobile home parks and reduced the requirements for Site Improvement Plan submittals. The major change was not to measure density by units per acre but to allow a maximum number of units based on spacing between units. After talking with both the Florida Department of Health and the Fire Department, minimum separation of 10 feet between each unit would be required. Other modifications include reducing the landscaping requirements, reducing the number of parking spaces to one per unit, and not 3 requiring that a Site Improvement Plan (SIP) be prepared by a licensed engineer. The SIP does require that all units be inspected and those not meeting standards and cannot be rehabilitated be removed prior to the approval of the Site Improvement Plan. Building permits would need to be issued for each mobile home being replaced or added within six months of approval of the SIP. The Department of Revenue has agreed to waive the tipping fees at the County Landfill to dispose of the old mobile homes. c. To date, two mobile home park owners have inquired about the grant assistance program. Currently staff has not received any SIP submittals. There is still a major obstacle from the property owners' perspective. Many of these mobile home units were never permitted or they were permitted years ago and records may not be available. If no permits were issued, there were no impact fees paid. Similarly, if the trailers were permitted prior to the adoption of the Impact Fee Ordinance in 1991 no impact fees were paid. Currently, if a mobile home park owner wishes to replace an old trailer and there is no record that a permit was ever issued on it, he/she will be required to pay the impact fees. The current impact fees per mobile home are $3,483.34. d. Staff discussed the possibilities of addressing the impact fee question similar to the way it was addressed with the Big Cypress Area (Looneyville). In that case, required payments of impact fees were based on the time of impact. It was the property owner's responsibility to provide documentation on the date the structure was placed on the lot. In Immokalee, if the property owner can document that the mobile home existed prior to 1991, no fees would be required. But given the limited documentation available and change of ownership that has taken place, staff would recommend that this requirement might be too burdensome. CODE ENFORCEMENT In addition to the effort to address the housing conditions and densities in the Immokalee area, the Code Enforcement Department has initiated a project to address some of the other non-structural violations in the community such as litter and abandoned/unlicensed vehicles by virtue of a weekly sweep. Begirming in March, every Tuesday a miramum of three investigators have spent at least eight hours proactively addressing violations that are a deterrent to the appearance of the Immokalee community. A summary of the cases investigated during the first 2 months of this project is provided in the following table. Thus far the Investigators have addressed the southern part of the community. The effort will continue until the entire community is surveyed. 4 Total Cases Generated: Single Violation Multiple violation Case Types: Unlicensed Vehicles Recreational Vehicles Commercial Vehicles/Equipment Litter Illegal Land Use/Permits Unsafe Structure Animals in Residential Area March April May Yearto Date 119 140 61 320 79 119 48 246 40 121 13 174 82 84 42 208 02 02 02 06 01 13 06 20 41 47 20 108 08 09 04 21 00 02 00 02 01 00 00 01 Of the 259 cases that have been initiated, 65% have been abated. The remaining cases are in the process of being abated. The Greater Immokalee Chamber of Commerce has expressed its appreciation of this effort. CONSIDERATIONS: Since most of the mobile homes have been in existence for many years (well prior to the adoption of most or all impact fees), no new impact would result from replacement of these mobile homes. Given this fact, staff is proposing that the Board consider a waiver of impact fees for those mobile home park owners who submit a SIP in accordance with the attached procedures. Property owners would be required to obtain building permits for each unit for which no permit record has been established (approximately $150) and replace any substandard units. The propert3, owners would also agree to periodic inspections of the mobile homes. Additionally, the old unit must be destroyed and disposed of to avoid its use as dwelling unit in the community again. To accelerate the program, the Board may also wish to consider establishing an office in Immokalee with a full-time task force team of a coordinator, code enforcement investigator, building inspector, planner, and housing specialist to focus on implementing the program. 5 FISCAL IMPACT: Code Enforcement has requested one additional investigator who will be assigned full time in Immokalee (but not specifically to the Housing Initiative Program) in the FY01 budget. If the Board chooses to staff a full-time office in the Immokalee, staff would recommend that community development reserve funds be used to fund this effort. Depending on the office location, the cost to maintain a full time office and staff is estimated at $500,000. If directed staff would prepare a budget to be reviewed by you during the budget hearings. It is difficult to calculate the loss of impact fee revenues based on granting this waiver. If the 491 mobile homes currently listed but have no record of a permit were required to pay impact fees, the impact fees collected would total approximately $1.67 million. However, staff can not be sure which of the 491 unrecorded mobile homes were present prior to the 1991 Impact Fee Ordinance. Staff is assuming most of the units were present prior to 1991 and would suggest that there would be no loss of impact fee revenues, since the waiver will only apply to replacement units. GROWTH MANAGEMENT IMPACT: Both the Housmg Element and the Immokalee Area Master Plan support improving the housing conditions in Immokalee. RECOMMENDATION: Staff recommends that the Board direct staff to prepare the necessary amendments to the appropriate ordinances allowing for the waiver of impact fees for replacement mobile homes in mobile home parks where an SIP has been submitted and the property owner complies with the Immokalee Housing Strategy program. Property owners must file the SIP by December 2000 in order to qualify for this waiver. For those property owners that do no begin the process by December 2000, they will be considered in violation and Code Enforcement will begin the process to enforce the Countywide standards that apply. In granting this waiver, the Board has two options: 1. Assume that the number of trailers approved on the SIP was in place prior to 1991, or 2. Require that each property owner prove that the trailers were in place prior to 1991, by using tax certificates, affidavits, or other means. Staff recommends Option #1. 6 ^~E~Ba ~?~ / No. _.~' JUN 7 2000 PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION ]une 14, 2000 DATE REVIEWED BY: ..... ~ STAN LITSINGL~'R, AICP COMPREHENSIVE PLANNING MANAGER ROBERT J. MUEHERE, AICP ~ PLANNING SERVICES DEPARt~MENT DIRECTOR DATE DATE MICHELLE ARNOLD CODE ENFORCEMENT DEPT. DIRECTOR GRI~G IvlII-J/AI.~C --- -- HUI DEP'~RTME~N/,T DIRE'~TOR ED PERICO BUILDING AND PERMITTING DEPARTMENT DIRECTOR APPROV/ET) BY: J--' VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE DATE DATE O DATE 7 EXECUTIVE SUMMARY BOARD AUTHORIZATION FOR THE COUNTY ATTORNEY TO RETAIN OUTSIDE LEGAL COUNSEL TO RESEARCH THE ADVISABILITY OF FILING A LAWSUIT IN FEDERAL COURT TO CHALLENGE IMPLEMENTATION OF FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT (SENATE BILL 1338). OBJECTIVE: To receive authorization for the County Attorney to retain outside legal counsel to investigate the advisability of challenging recent Florida legislation implementing so-called "simplified taxes" on telecommunications services, including whether that Act unconstitutionally impairs the County's contract rights under its cable television franchise agreements and whether the Act intrudes into franchise fee matters that are within the exclusive jurisdiction of the Government of the United States. CONSIDERATIONS: Review of the Act by the County Attorney's Office questions the constitutionality of the Act based upon impairment of the County's contract rights guaranteed by the Constitution of Florida and the Constitution of the United States, as well as Federal preemption regarding cable television franchise fees. Representive Dudley Goodlette attempted to refer the Act to an arbitration panel to detern~ine whether or not the then proposed Act was constitutional, but he was not successful in that attempt. The legislation passed the House and Senate unanimously on May 4th, one day before the end of the 2000 Legislative Session. The bill was forwarded to the Governor on June 8th and if not vetoed by Governor Bush, will become law effective July 1, 2000. Staff's efforts to monitor amendments to the Act have been hampered by some 55 voluminous amendments made to the Act during the last two weeks of the Legislative Session. The Act combines State Sales Tax, State Gross Receipts Tax, Local Option Sales Tax, and Local Franchise Fees on telephone and cable entities by implementing a Telecommunications Flat Tax or so-called "simplified tax" to be administered by the Florida Department of Revenue in Tallahassee. The only provisions of the "simplified tax" seriously problematic to Collier County relate to cable television franchise fees (5% of gross revenues) paid to the County by its cable television franchisees, Time Warner and Media One. Each year the County collects approximately $1.5 Million in cable franchise fees from those franchisees. Provisions of the Act will negatively impact the amount of franchise fee revenues the County will receive from its cable television providers. The Act provides the following: AGEN~ I~V~ ~ No. '~_ JUN g 7 2000 The gross revenues upon which five percent of the franchisee's fees are calculated can no longer include revenue generated for internet services, thereby reducing th~ amount of franchise fees received by the County. Federal Law specifies that only a few sources of a cable television franchisee's revenues cannot be included in "gross revenues" with regard to calculating the respective franchise fees. The Act purports to take away from Collier County its fights to negotiate what revenue streams will be included in the cable provider's "gross revenues" and, thereby delete some important sources of those revenues. Cable franchise fees collected from television cable providers will be controlled by the Florida Department of Revenue in Tallahassee. A so-called "administrative fee" will be taken off the top by the Department of Revenue, further reducing the County's franchise fee revenue. Each cable franchisee is authorized to deduct from the cable franchise fees money for administering the taxes to be sent to Florida Department of Revenue, further reducing the franchise fees to be recovered by the County. Other provisions in the Act appear to put caps on the amount of franchise fees that the County will eventually receive from the Florida Department of Revenue. All money the County eventually recovers from Florida Department of Revenue will be delayed for long periods of time. Currently, Collier County receives cable franchise fees each calendar quarter, directly from each franchisee. In order to be paid portions of the cable franchise fee moneys, the County will be required to impose, by ordinance, a local tax on the cable franchisees. Even if the County imposes such local taxes, the franchise fee revenues are not completely recoverable because of other limitations in the Act. Rights-of-way construction permit fees collected by Community Development & Environmental Services Division can be off-set by a deduction from cable franchise fees paid by cable providers, further reducing the County's revenue stream from franchise fees. Collier County will no longer have authority to audit cable franchisee's books regarding "gross revenues" to determine the correctness of cable franchise fees. Earlier this fiscal year, a staff audit netted approximately $50,000 in franchise fee underpayments. In addition to impacting revenue, the legislation severely limits local governments' control and management of the rights-of-way and impedes many provisions of existing cable franchise agreements and related ordinances. This legislation, as written, holds no advantage to Collier County vis4-vis cable television franchise fees. In an effort to preserve Collier County's constitutional rights, rights under Federal Statutes, contract rights, property rights, and the current franchise fee revenue stream, staff recommends that the Board authorize the County Attorney to retain outside legal counsel to obtain a written opinion as to the advisability of filing a lawsuit in Federal Court (1) to prevent implementation of the Act with regard to cable television franchise fees, (2) to challenge the constitutionality of the Act with regard to franchise fees, and (3) to challenge whether provisions of the Act intrudes into the exclusive jurisdiction of the Federal Government, including whether the Act can lawfully mandate what Collier County can negotiate with cable television franchisee regarding what revenue streams are included with a cable television provider's "gross revenues" beyond the limitations specified in Federal Statutes. FISCAL IMPACT: It is estimated that the costs to retain outside counsel to investigate the advisability of filing the contemplated lawsuit should not exceed $10,000. If this request is approved, a budget amendment will be submitted to fund legal expenses from General Fund 111 Reserves, Cost Center 100210, Franchise Administration. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize the County Attorney to retain outside legal counsel to obtain a legal opinion on the advisability of filing a lawsuit in Federal Court to challenge whether Florida's "Communications Services Tax Simplification Law"' violates the County's contract rights regarding cable television franchise fees and whether the Act intrudes into matters that are within the exclusive jurisdiction of the Federal Government. Approval of this request does not authorize any lawsuit be filed by Collier County, Whether staff will return to the Board with a request from the Board to authorize Collier County be a plaintiff (or co-plaintiff) in a lawsuit will depend on the opinion and recommendation of leT.,,s~el .t_~~:,,e retained pursuant to this request. PREPARED BY: /6-" d-/~ 'd~/'/~ DATE: D. E. "BLEU" WALLACE, DIRECTOR UTILITY & FRANCHISE REGULATION REVIEWED BY: [0 ~ ~ THOMAS C. PALMER A~SSI~TANT COUN ~TY' ATTORNEY .- k// , /;. /,,- ,~ APPROVED BY: ~ O*/ ~.-~,_f- DATE: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION EXECUTIVE SUMMARY REPORT TO THE BOARD ON TRAFFIC SIGNAL WARRANT PROGRAM THE RESULTS OF THE ANNUAL COUNTYWIDE STUDY AND INTERSECTION IMPROVEMENT OBJECTIVE: To report to the Board of County, Commissioners the findings and recommendations of the Transportation Operations Department on the annual countywide traffic signal warrant studies. In addition, the Transportation Operations Department is also requesting funding approval and authorization for installation of the recommended improvements in FY 00-01. CONSIDERATIONS: The Transportation Operations Department performs numerous traffic signal warrant analyses throughout the year. A traffic signal warrant is a criterion, which, if satisfied, is an indicator that a traffic signal may be an appropriate traffic control device for specific locations. There are eleven standard warrants to be considered in performing a traffic signal study and analyzing an intersection. These studies typically cover about 50 intersections over the course of the year. The studies are performed on intersections located in various parts of the County; from Immokalee and North Naples through Golden Gate to East Naples. The studies analyze safety and traffic flow through the intersections. Pedestrian and bicycle traffic is considered as well as adjacent public facilities such as schools, parks and approved new development projects. In addition to traffic volumes, the analyses consider factors such as vehicular delay on side streets, pedestrian volumes, accident history, and school crossing locations. A summary spreadsheet listing the major locations studied and meeting warrants over the past year is attached (Attachment No.l). In addition to those listed, there were a number of intersections that were reviewed which did not have sufficient traffic volumes or crash history to warrant further analysis. Of the intersections fully studied, the following are recommended for signalization or for other intersection improvements consistent with the goal of safe operation of the roadway network. These proposed improvements are listed in no particular order: Item Number Intersection Recommendation 1 Santa Barbara Boulevard @ Signal Installation for FY 00-01 ,Coronado Parkway 2 Vanderbilt Beach RoadSignal Installation for FY 00-01 Extension @ North Pointe Drive 3 Golden Gate Parkway ~ 53r~ Stud),by Consultant Recommended* Street SW 4 Lake Trafford Road @ CarsonStudy by Consultant Recommended * Road 4 Santa Barbara Boulevard (~ Continued Study' for next Fiscal Year Hunter Boulevard 5 Old 41 @ Railhead BoulevardContinued Study for next Fiscal Year 6 lmmokalee Drive @ North 18~h4-Way Stop Installation Recommended Street These signals, if warranted by a consultant, will be included into the FY 00-01 signal schedule. AGENDA ITEM No. Page I of 3 3 3:'I 7.7 2gBl] In addition to the foregoing, there are several intersections that will be signalized as part of major capital road improvement projects within the next two fiscal years. These are: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Airport Road (CR 31) ~ Emerald Lakes Drive/Old Groves Drive Golden Gate Boulevard (CR 876) ~ Collier Boulevard (CR 951) (reconstruction) Golden Gate Boulevard (CR 876) @ Big Cypress Elementary School Golden Gate Boulevard (CR 876) ~ 13t" Street NW/SW Golden Gate Boulevard (CR 876) ~ 5"' Street NW/SW Golden Gate Boulevard (CR 876) ~ Wilson Boulevard Livingston Road (CR 881) ~ Enterprise Avenue Livingston Road (CR 881 ) @ Progress Avenue Livingston Road (CR 881) @ Radio Road (CR 856) Livingston Road (CR 881) @ Golden Gate Parkway (CR 886) Goodlette-Frank Road (CR 851) @ Pine Ridge Middle School (New Entrance) Further, the following signal projects were scheduled for installation during the current Fiscal Year. The designs for both of these projects will be completed before the end of the Fiscal Year. However, due to design and construction scheduling problems, they will not be completed prior to the end of the current fiscal year. These will be scheduled for installation during Fiscal Year 00-01. Vanderbilt Drive (CR 90l) @ Wiggins Pass Road (CR 888) Golden Gate Parkway (CR 886) @ Coronado Parkway FISCAL IMPACT: Funds are budgeted in Fund 313 on an annual basis for signal installations and associated intersection improvements. For FY 00-01, $750,000 has been requested for Project No. 60172 (Traffic Signals) and $ 750,000 has been requested for Project No. 66065 (Capacity/Safety Improvements). The requested funds are sufficient to complete the above recommended projects. The present signal systems (136 locations) have an annual operation and maintenance cost of approximately $3,500 per signal. Flashing beacons cost somewhat less to maintain on an annual basis. The proposed new signals and flashing beacons will cost about the same per signal as those existing to operate and maintain. Maintenance funds are budgeted annually in Fund 101. GROWTH MANAGEMENT IMPACT: The installation of traffic signal typically reduces the volume capacity of a roadway segment. Therefore, reduced capacity impacts are included in the analyses of need and justification. For the projects recommended, the typical value of the capacity lost (based on "green time" available at the intersection) is estimated at between $50,000 and $100,000 per signal installation annually on a system-wide basis. There are, however, savings to be realized in the form of improved turning movement conditions, reductions in side street delay, and reductions in certain types of accidents and their severits'. The value of these savings is estimated to equal or exceed the value of the lost capacity. Page 2 of 3 AGENDAITEM No,. _ J'JN 2 7 2000 pg._ C:~ RECOMMENDATION: That the Board of County Commissioners approve the Transportation Operations Department recommendations for traffic signal system installations and intersection improvements; confirm funding of the improvements from Fund 313; and, authorize Staff to proceed with the implementation of the work as proposed. SUBMITTED BY: hon Dale A. Bat , ~ ~,le ~pgsa' Manager ~VIEWED BY: ~/4?' /(.~' DATE: Edward J. Kant,~ Transpotation Operations Director M~chael A. MeNees, Interim Transpotation Administrator APPROVED BY: Page 3 of 3 ' 'AG E,._Np,~ ITEM No. ~' ~'"'~! J'J ;'i 2 7 2080 pg.. A G E~J~Dr~ ~TEM No. pg. ~"~, EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING ROADWAY IMPROVEMENTS FOR COUNTY BARN ROAD PROJECT BETWEEN DAVIS BOULEVARD (S.R. 84) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864), CIE NO. 33. OBJECTIVE: To adopt a Resolution to acquire by condemnation of perpetual, non-exclusive, road right-of-way, utility, drainage, maintenance and temporary construction interests by easement required to complete the four-laning roadway improvements for County Barn Road between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road (C.R: 864), CIE No. 33, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #33. On August 13, 1996, the Board of County Commissioners adopted Resolution No. 96-356 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for the four-laning roadway improvements of County Barn Road between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road (C.R. 864). Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and staff has advised the Board that based on these factors and after reviewing these factors with the Board that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: The right-of-way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $741,467.00, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through · condemnation and final judgment for those non-exclusive, perpetual easements referenced in Exhibit "A", required to complete the four-laning roadway improvements for the Project. Expenditures will occur in FY 00 and 01. 2000 Funds in the amount of $741,467.00 are available in Fund 333 and Fund 336. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #33. RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; (2) Adopt the attached Resolution authorizing the acquisition by condemnation the perpetual, non-exclusive road right-of-way, utility, drainage, maintenance and temporary construction interests by easement required to complete the four-laning roadway improvements for County Barn Road between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road (C.R. 864); (3) Authorize the Chairman to execute the attached Resolution; TonfA. Mort, Supervisor ~ Real ProperD' Management Department Mitch Momtaz, P.E., Project Manager P~a~lic Works Engineering REVIEWED BY: ~/Y~.. ~'~-//~-''~~ Department ~/~eff Bibby, P.E., Director APPROVED BY: DATE DATE: ~/~/¢ Transl]or,tation Engineering and Construction Management Department , DATE: Mi~e McNees, Interim Administrator Transportation Division AG ,~TEM No.-' , · PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 ~ouo N0...83 ~40000000 LEGAL DESCRIPTION (NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION WOODMERE RACQUET CLUB The East 30 Feet of the West 80 £eet of the North 60 feet of the South 135 feet of the following described parcel; The southwest quarter (SW %) of the northeast quarter (NE 1/4) of the northwest quarter (NW 1/4) of section 17, Township 50 South, Range 26 East, Collier County, Florida less the west 50 feet and the north 30 feet thereof reserved for road Right of Way purposes. pagA gl d¢scrip.066PARCEL 704 ~GEORGE R. RICHMOND J PROFESSIONAL LAND SURVEYOR-FL. REG. # 24(] PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL pg NAPLES, FLORIDA 34112 SHEET 1 OF PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .................. 60101 PROJECT PARCEL NO.... 105 TAX PARCEL NO,.00427440007 Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment PARCEL 105-- 20' CYNTHIA LANE DESCRIPTION: FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT THE WEST 50 FEET OF THE EAST 100 FEET OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE W~ST 1085 FEET AND LESS THE SOUTH 20 FEET THEREOF. CONTAINING 15, 700 SQUARE FEET MORE OR LESS. Z GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF .~).NOT VALID UNLESS SIGNED AND SEALED WITH THE ~JOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLJC WORKS ~NGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIl NAP£ES, FLORIDA 34112 SCALE MAY 22, 2000 CBR105 SHEET 1 OF 1 AGEN_ DA ITEM No. J',;,'; 2 7 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION EX~-.~ NOT A SURVEY Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment PROJECT NO .................. 60101 PROJECT PARCEL NO.... 108 TAX PARCEL NO.....00426400006 ' PARCEL 10ff, < ']l LANSDALE LANE I I ~ z I /I ~ I /Io : // ~ S.E. COR. OF THE N 1/2, N 1/2, NW 1/4, ~ -- - NW 1/4, SEC. 17, TWP 50S. RGE. 26 E. DESCRIPTION: FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE SOUTH 70 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 3500 SQUARE FEET OR .080 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O,B, = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 2~, 2000 ~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLEER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 C~R108 [ SHEET 1 OF 1 AGENDA ITEM No. ~; Pg.,, _1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY NE. COR. OF THE N 1/2, N 1/2, NW 1/4, NW 1/4, SEC. 17, TWP. 50 S, RGE 26 E. WENDY LANE 15' ROAD EASEMENT/- PARCEL 109 Perpetual, Non-Exclusive, Road Right-el-Way, Drainage, Utility and Maintenance Eastmerit 5' DRAINAGE EASEMENT- \ LANSDALE LANE PROJECT NO .................60101 PARCEL NO ...................109 TAX PARCEL NO ...... 00427320004 I 50' 50' t o DESCRIPTION: FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17,TOWNSHIP 50 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA. CONTAINING 13,200 SQUARE FEET OR .303 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT ' 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ,F~BOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PROFESSIONAL ~D SUR~OR-FL. REG. · 2~8 PUBUC WO~S ENGINEERING DEPT. CO~IER COUN~ GO~RNME~ COMPL~ ~01 ~ST T~I~I T~IL ~LES, FLORIDA ~112 MAY 22, 2000 CBR109 SHEET 1 OF 1 AG EN~A~ IT~EM No. pg. ~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34l 12 (94 I) 774-8192 EX -mrr LEGAL DESCR/PTION (NOT A SURVEY) PROJECT NO..60101 PARCEL NO .......710 FOLIO NO... 00426560001 TEMPORARY CONSTRUCTION EASEMENT WOODlVIERE LAKJE CLUB, A CONDOMINIUM The West 20 feet of the North 60 feet of the South 210 feet of the following described parcel; A parcel of land lying in Section 17, Township 50 South, Range 26, Collier County, Florida, more particularly described as follows: COMMENCE at the Northwest comer of the aforesaid Section 17 and run S 88° 54' 39" E along the North line of said Section 17 for 1382.35 feet, more or less, to the intersection with the Easterly Right of Way line of County Barn Road, (100 foot right- of-way) for point of beginning; thence nm S 00° 21' 4" E, along said Right of Way line for 334.24 feet; thence runs S 88° 56' 10" E for 470.79 feet; thence run S 00° 17' 8" E for 304.01 feet to the intersection with the northerly Right of Way line of Wh/taker Road, (60 foot Right of Way); thence run S 88° 57' 21" E along the said northerly Right of Way line for 664.05 feet thence run N 00° 14' 11" W for 657.54 feet; thence run N 88° 54' 39" W for 1115.81 feet to the point of beginning. pag/lgld~ocr~p.065PARCEL 710 ~__~/GEORGE R. RICHMOND ' PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 Ex 2g_ SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 60101. PROJECT PARCEL NO.111 TAX PARCEL NO ...... 00406280000. N.E. COR. OF THE EAST 367.5 FEET S 1/2, S 1/2, SW 1/4, SW 1/4, SEC. 8 _~ TWP. 50 S, RGE 26 E. PARCEL 111---- Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment WENDY ,/ LANE 15' ROAD EASEMENTJ I ~, 50' 50' DESCRIPTION: FIFTY (50') FOOT EASEMENT THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE EAST 367.5 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,900 SQUARE FEET OR .388 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP, = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ~.~BOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAtL NAPLES, FLORIDA 34112 CSRlll SHEET 1 OF I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, .FLORIDA 34112 (941) 774-8192 EXH r SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 60101. PROJECT PARCEL NO...112 TAX PARCEL NO ....... 00404200008 N.E. COR. OF THE N 1/2, S 1/2, SW 1/4, SWl/4, SEC. 8, TW1~. 50 S, RGE 26 E. PARCEL 112 ___ 'Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE NORTH HALF OF THE SOUTH HALF OF TIlE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,900 SQUARE FEET OR .388 ACRES. I o z z o 'GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. =TOWNSHtP 5) RGE. = RANGE 6) ~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 GEORGE R. RIC/'HMOND /// PROFESSIONAL LAND SURVEYOR-FL, REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA ' 3~112 CBR112 SHEEt' 1 OF 1 AG EL',IDA ITEM ¢g, _ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................60101 PROJECT PARCEL NO..115 TAX PARCEL NO.,...21962000059 N.E. COR. OF ALBRIGH'T ACRES P.B. 21, PAGE 58 S 89°10'44" E 25'I 2~ 50' PARCEL 115 LOT 1 ~ EXISTING 25' ROAD & DRAINAGE .EASEMEN~ S 89°06'52" E Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastmerit o z z o DESCRIPTION: TWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET OF THE EAST 50 FEET OF ALBRIGHT ACRES, AS RECORDED IN PLAT BOOK 21, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA: CONTAINING 4,218 SQUARE FEET OR .010 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF .a~NOT VALID UNLESS SIGNED AND SEALED WITH THE tOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 115 I SHEET 1 OF 1 A~ENDAITEM No. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 60101. PROJECT PARCEL NO...116 TAX PARCEL NO ....... 00403680001 N.E. COR. OF THE E 1/2, S 1/2, Sl/2, NW 1/4, SWl/4, SEC. 8, TWP. 50 S, RGE 26 E. DESCRIPTION: P.O.(;. S 89° 14..._.__~' 37-T~_~ 25' PARCEL 11 ~ :~ z Z ,,"/50'' I Pc~c~, No~-Exc]~ivc, Udli~ ~d ~ten~cc E~ent ROAD RIGHT OF WAY EASEMENT COMMENCE AT THE NORTHEAST CORNER OF THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST QUARTER OF THE SOUT1-RNEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N 89° 14' 37" W 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00° 36' 55" E 337.60'; THENCE N 89° 10' 44" W 50.00'; THENCE N 03° 37'041" E 337.87'; THENCE S 89° 14"37"E 25.00' TO THE POINT OF BEGINNING, CONTAINING 12,656 SQUARE FEET OR ,291 ACRES. GENERAL NOTES 1) P.OiC, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/VV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE MAY 22, 2000 CBRll6 I SHEE~ 1 OF 1 AGF.~DA ITEM No. "~ Y~.~'. , k PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION EXH!I F ~age_~2_~ 7~? NOT A SURVEY NE COR, W25', E75',S1/2,N1/2, NW 1/4, SWl/4, SEC.8, TWP 50S, RGE 26E. S 89°10'44" E PROJECT NO ................60101 PROJECT PARCEL NO..121 TAX PARCEL NO.....00404080008 ./ PARCEL 121 S 89°06'52" E z r~ <~ Z o DESCRIPTION: TWENTY FIVE 25') FOOT EASEMENT THE WEST (25') FE~ET OF THE EAST 75 FEET OF THE NORTH 25 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. CONTAINING 625 SQUARE FEET OR .014 ACRES MORE OR LESS. Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastmerit GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF ~kNOT VALID UNLESS SIGNED AND SEALED WITH THE ~,OSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 PROFESSIONAL LAND SORVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPT~ ~ COLLIER COUNTY GOVER~I~IMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 121 I SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 60101 50' 40'I Z N.E. COR. OF THE N 1/2, N 1/2, NE 1/4, SW 1/4, SEC. 8, TWP. 50S. RGE 26E. S 89°26'16" E PROJECT PARCEL NO..123 TAX PARCEL NO.....00402920005 z~_ PARCEL 123 S 89°23'55' E Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: FORTY (40') FOOT EASEMENT THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE NORTH HALF OF THE NORTH HALF NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 FAST. COLLIER COUNTY, FLORIDA. CONTAINING 13,508 SQUARE FEET OR ,310 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W: RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 C"GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR,FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 123 SHEET 1 OF 1 AGEHDA ITEM No, ~::~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N.E. COR. OF THE S 1/2, N 1/2, N 1/2, NW 1/4, SW 1/4 SEC. 8, TWP. 50S. RGE 26E. S 89°26'16" E PROJECT NO ................60101 PROJECT PARCEL NO..124 PARCEL 124 EXHa rr S 89°24'19" E TAX PARCEL NO.....00406600004 25' Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: TWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET OF THE EAST 75 FEET OF THE SOUTH HALF OF THE NORTH NALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY,FLORIDA. CONTAINING 4,220 SQUARE FEET OR .010 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7.~) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF lOT VALID UNLESS SIGNED AND SEALED WITH THE c3OSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 125 SHEET 1 Of 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 60101 PROJECT PARCEL NO.. 125 TAX PARCEL NO.....00403080009 N.E. COR. OF THE N 1/2, N 1/2, N 1/2, NW 1/4, SW 1/4 SEC. 8, TWP. 50S. RGE 26E. S 89°26'16" E PARCEL 125 z S 89°24'19" E Perpetual, Non-Exclusive, Road R/ght-ofoWay, Drainage, Utility and Maintenance Eastment 25' 50' O Z · ~ O iz o I 1 DESCRIPTION: TWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET OF THE EAST 75 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY,FLORIDA. CONTAINING 4,220 SQUARE FEET OR .010 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCESARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DR~WN BY , ICHECNED BY NOT TO SCALE MAY 22, 2000 PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 125 SHEET 1 OF 1 AG c~ J~_EM No.-" '-~ ~- pg. L PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................60101 PROJECT PARCEL NO..126 TAX PARCEL NO.,...00405400001 N.E. COR. OF THE S 1/2, S 1/2, SE 1/4, SW 1/4, NW 1/4 SEC. 8, TWP. 50S. RGE 26E. S 89°28'12" E PARCEL 126 25' 50' S 89°26'16" E Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: TWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET OF THE EAST 75 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHVVEST QUARTER SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY,FLORIDA. CONTAINING 4,217 SQUARE FEET OR .010 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 8) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF .I~NOT VALID UNLESS SIGNED AND SEALED WITH THE ~OSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE 2000 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 CBR 126 SHEET 1 OF 1 AG E~J DA ITEM No. ~f~-~- -- .. :7 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHI I z z o SKETCH OF DESCRIPTION NOT A SURVEY N.W. COR. OF THE S 1/2, __ SE 1/4, NW 1/4, SEC. 8, TWP. 50S. RGE 26E. PROJECT NO ................60101 PROJECT PARCEL NO..128 TAX PARCEL NO...,.00402960007 40' PARCEL 128 Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: FORTY (40') FOOT ROAD RIGHT OF WAY EASEMENT THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. CONTAINING 27,000 SQUARE FEET OR .620 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6} RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR 7 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 128 SHEET 1 OF 1 AGF_.NDA ITEM No, _1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY o z o N.W. COR. OF THE S 1/2, N 112, SE 1/4, NW 1/4, SEC. 8, TWP. 50S. RGE 26E. / I s°'l 40' PROJECT NO ................60101 PROJECT PARCEL NO..130 TAX PARCEL NO.....00403800003 PARCEL 130 Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: FORTY (40') FOOT EASEMENT THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE SOUTH HALF OF THE NORTH HALF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. CONTAINING 13,507 SQUARE FEET OR .310 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) 1BNP. = TOWNSHIP 5) RGE. = RANGE 6) ~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ~'~ROSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE MAY 22, 2000 CBR 130 SHEET 1 OF 1 AGENDA ITEM No._ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 F_.AST TAMIAMI TRAIL NAPLESL FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION EXHIB NOT A SURVEY ~ge,.tr~ ~ 7/'D PROJECT NO ................ 6010'1 PROJECT PARCEL NO..131 TAX PARCEL NO.....00403400003 N.W. COR. OF THE N 1/2, __ N 1/2, SE 1/4, NW 1/4, SEC. 8, . TWP. 50S. RGE 26E. / ~ S 89°41'52"E I 50'1 40' ,-n ~l --- PARCEL 131 0 I i N 89"37'58"vv i I Perpetual, Non-Exclusive, Road R/ght-of-Way, Drainage, Utility and Maintenance Eastmerit DESCRIPTION: FORTY (40') FOOT EASEMENT THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE NORTH HALF OF THE NORTH HALF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 $OLYTH, RANGE 26 EAST. COLLIER COUNTY,FLORIDA. CONTAINING 13,507 SQUARE FEET OR .310 ACRES MORE OR LESS· GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT /' ¢ .~....~,.~.?. 4) TWP, = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) PJW = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 22, 2000 CBR 131 SHEET I OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXH T / I50' '>" Z Z SKETCH OF DESCRIPTION NOT A SURVEY N.W. COR. OF THE S 1/2, __ S 1/2, NE 1/4, NW 1/4, SEC. 8, TWP. 50S. RGE 26E. PROJECT NO ................ 60101 PROJECT PARCEL NO..133 TAX PARCEL NO.....00403040007 4°'I S 89°45'46"E' -- PARCEL 133 N 89°41 '52"W Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: FORTY (40') FOOT EASEMENT THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY,FLORIDA. CONTAINING 13,507 SQUARE FEET OR .310 ACRES MORE OR LESS. GENERAL NOTES I) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ~-"~OSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED ~,/GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBUC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 CBR 133 SHEET 1 OF 1 AG EI~IDA ITEM No. PUBLIC WORKS ENGINEERING DEPARTMENT 330I EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 z >- z o ~D SKETCH OF DESCRIPTION NOT A SURVEY N.W. COR. OF THE W 1/2, N 1/2, S 1/2, NE 1/4, NW 1/4, SEC. 8, TWP. 50S, RGE 26E. PROJECT NO ................60101 PROJECT PARCEL NO.. 134 TAX PARCEL NO.....00403360004 40' __ PARCEL 134 60 FOOT RIGHT OF WAY & UTILITY EASEMENT O.R. BOOK 563, PAGE 762 Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: FORTY (40') FOOT EASEMENT THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE WEST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY,FLORIDA. CONTAINING 13,500 SQUARE FEET OR ,310 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/VV = RIGHT OF WAY 7) ALL DISTANCESARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL Of A PROFESSIONAL LAND SURVEYOR PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE MAY 2.2, 2000 CaR ff34 I SHEET 1 OF 1 AG'ENbA ITEM No, PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 r~ge_2o ~ ~ SKETCH OF DESCRIPTION N.W. COR. OF THE NW 1/4, NE 114, NW 1/4, SEC.8, TWP. 50S, RGE. 26E. NOT A SURVEY DAVIS BOULEVARD (S.R. 84) PROJECT NO ..................60101 PROJECT PARCEL NO.,. 136 TAX PARCEL NO.....00403880005. 500' 15"J PARCEL 136 DESCRIPTION THE EAST 40' FEET OF THE WEST 90' LESS THE NORTH 75 FEET, AND THE SOUTH 15 FEETOF THE NORTH 90 FEET OF THE EAST 500 FEET OF THE WEST 590 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 31,500 SQUARE FEET OR .723 ACRES MORE OR LESS, Perpetual, Non-Exclusive, Road R/ght-of-Way, Dra/nage, Utility and Maintenance Eastmerit GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE E~MBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PROFESS!ONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 MAY 22, 2000 CBR136 SHEET 1 OF 1 AGENDA ITEM No. RESOLUTION NO. 2000 - A RESOLbTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING ROADWAY IMPROVEMENTS FOR COUNTY BARN ROAD PROJECT BETWEEN DAVIS BOULEVARD (S.R. 84) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864), CIE NO. 33. 1 2 3 4 5 6 7 9 I0 11 12 13 la WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted 15 Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital 16 Improvement Element of the Growth Management Plan in order to establish priorities for the design; 17 acquisition and construction of the various capital improvement projects. The Transportation Element of 18 the County's Comprehensive Plan was adopted in Ordinance No l 99-13; and 19 WHEREAS, the four-laning improvements to County Barn Road between Davis Boulevard (S.R. 20 84) and Rattlesnake Hammock Road (C.R. 864) is one of the capital improvement projects required under 21 the Transportation Element oFthe County's Comprehensive Plan; and 22 VqI-I~,REAS, the Board of County Commissioners, on August 13, 1996, adopted Resolution No. 23 96-356 authorizing the County Staff to acquire by gift or purchase certain easements and/or fee simple 24 title to the property and property interests required and necessary for the four-laning roadway 25 improvements of County Barn Road between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road 26 (C.R. 864); and 27 WHEREAS, the location for construction of the proposed improvements has been fixed by survey 28 and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and 29 incorporated herein. 30 WHEREAS, after consideration of the availability of alternate routes and locations, the 31 comparative costs of project alternatives, various impacts upon the environment, long range planning 32 options, and public safety considerations, the Board desires to exercise its right to condemn property for 33 public purposes. 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 35 OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of 36 the four-laning roadway improvements-for County Barn Road between Davis Boulevard (S.R. 84) and 37 Rattlesnake Hanunock Road (C.R. 864), (hereinafter referred to as "the Project") is necessary and in the 38 public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 39 AND IT IS FURTHER RESOLVED that construction of the Project is part of the Count3as long 40 range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan 41 for Growth Management, as approved by the Florida Department of Community Affairs. Page 1 AGENDAITEM 42 AND IT IS FURTIlER RESOLVED that the County Staff has reviewed alternative locations for 43 --~he project, various impacts to the environmental, public safety and welfare considerations associated with 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 ~-acquired. 60 This Resolution adopted on this and majority vote. 62 63 65 ATTEST: 66 DWIGHT E. BROCK, CLERK By: 67 68 69 7O 71 72 73 74 75 Approved as to form and 76 legal sufficiency: 77 80 Heidi F. A~sh{'on Assistant County Attorney 82 83 85 me design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: perpetual, non-exclusive road right-of-way, utility, drainage, maintenance and temporary construction interests by easement. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions 0f Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporgted herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be day of ,2000, after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN Page 2 AGENDA ITEM No. EXECUTIVE SUMMARY ACCEPT THE REPORT EVALUATING THE USE OF THE LEE COUNTY WASTE-TO-ENERGY FACILITY OBJECTIVE: For the Board of County Commissioners to accept the report evaluating a proposed expansion and use of the Lee County Waste-to-Energy Facility for Collier County's Solid Waste disposal needs. CONSIDERATION: The Board has requested a preliminary evaluation of the Lee County Waste-to-Energy Facility utilization to be presented on June 27th, 2000. The attached report prepared by Malcolm Pirnie presents findings concerning the proposed Lee/Collier County Waste-to-Energy expansion project. The scope of the report includes: · Existing Conditions · Technical Feasibility · Financial Feasibility · Administrative Feasibility · Environmental Feasibility · Other issues · Summary and Conclusions A copy of the report is attached and a copy of the presentation material will also be provided upon request. FISCAL IMPACT: There is no fiscal impact associated with accepting this report. The fiscal impact of the proposed Lee/Collier Waste-to-Energy expansion project is fully discussed in the attached report. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners: 1. Accept the report evaluating the use of the Lee County Waste-to-Energy facility for Collier County's Solid Waste disposal needs, 2. Authorize staff to continue to explore solid waste disposal alternatives, including Waste-to-Energy. SUBMMITTED BY: ~.~-. ~ DATE: G. George Yilmaz, Ph.D., P.E., P.H. Interim Solid Waste Department Director Interim Public Utilities Administrator JUN 2 ~ 2000 MALCOLM PIRNIE, INC. ENVIRONMENTAL ENGINEERS, SCIENTISTS & PLANNERS June 9, 2000 G. George Yilmaz, P.E., Ph.D. Acting Solid Waste Management Director Collier County Solid Waste Department 3301 E. Tamiami Trail Building H Naples, FL 34104 Re: Regional Waste-to-Energy Facility Evaluation Dear Dr. Yilmaz, In,is letter report presents our findings concerning the proposed Lee/Collier County Waste-to-Energy Facility, Expansion project. In essence, this report is an analysis of an informal white paper (copy 'attached), prepared by Lee County staff, which-outlines options for a joint Lee-Collier County Project, and includes a preliminary discussion of certain issues raised by such a project. In analyzing the xvhite paper, it is important to understand that it is not a proposal, but is in fact more for preliminary consideration. This is clear both from reading the white paper itself, and from our discussions with Lee County staff. Any joint disposal arrangement between Lee and Collier Counties would come about only as a result of negotiations at the highest level, and the final shape of that arrangement would be a result of political and public acceptance factors, not engineering calculations alone. Nevertheless, engineering calculations can still provide a context and limits for political discussions. Therefore, please find enclosed our evaluation of the proposed expansion project, including our estimates of the costs such an option may entail for Collier County. Submission of this document fulfills the County's requirement that we submit this final report on or before June 13, 2000. If you have any questions, or require additional information, please do not hesitate to contact us. Sincerely, iALCOLM_P RN E, rNC. Stephen C. Schwarz, P.E., DEE (' Vice President Enclosure C' R. French, Malcolm Pirnie (FTM) S. Shannon, Malcolm Pirnie (FTL) 103 LEEWAGENERBLVD SUITE 320 FT LAUDERDALE. :L3331'::; q~ ~ 954-35g-3699 REGIONAL WASTE-TO-ENERGY FACILITY EVALUATION SOLID WASTE DEPARTMENT COLLIER COUNTY, FLORIDA JUNE 2000 MALCOLM PIl~NIE, INC. ENVIRONSrENTAL ENGINEERS, SCIENTISTS, AND PLA~NNERS 1533 Hendry S~reet, 2"d Floor, Fort Myers, FL 33901 100 Lee Wagenet Blvd. Suite 320, Ft. Lauderdale, FL 33315 1901 North 13th street, Tampa, FL 33605 ' ' COLLIER COUNTY SOLID WASTE DEP.MtTMENT REGIONAL WASTE-TO-ENERGY FACILITY EVALUATION JUNE 2000 TABLE OF CONTENTS Page 1.0 2.0 3.0 INTRODUCTION ...............................................................................................1-1 EXISTING CONDITIONS ..................................................................................2-1 2.1 Lee County ...............................................................................................2-1 2.1.1 Existing Disposal Facilities ...........................................................2-1 Lee County Waste-to-Energy Facility ...........................................2-1 Gulf Coast Landfill .....................· 2-3 Hendry. County Regional Landfill .................................................2-3 Transfer Stations ............................................................................2-5 C&D Processing and/or Disposal Facilities ...................................2-5 Recovered Matehals Processing Facility .......................................2-6 Tire Processing Facility .................................................................2-6 Household Hazardous Waste Collection Facilities ........................2-7 Horticultural Waste Processing Facilities ......................................2-7 Other Facilities ...............................................................................2-7 2.1.2 Collection and Transfer ................................' .............................2-8 2.1.3 Solid Waste Stream ........................................................................2-9 2.2 Collier County ..........................................................................................2-9 2.2.1Existing Disposal Facilities .......................................................2-i0 Naples Landfill ...........................................................................2- t 0 Immokalee Landfill ....................................................................2-11 Transfer and Recycling Stations ................................................2-12 2.2.2 Collection and Transfer ..............................................................2-13 2.2.3 Solid Waste Stream ....................................................................2-13 TECHNICAL FEASIBILITY .............................................................................3-1 3.1 Waste Sources ..........................................................................................3-1 3.2 Waste Management Practices ............................................'. .....................3-1 3.3 Estimated Cost of Facility Expansion ......................................................3-3 3.3.1 Construction Cost ..........................................................................3-4 3.3.2 Operating Cost ...............................................................................3-9 3.3.3 Breakeven Cost to Lee County ....................................................3-10 3.4 Additional Costs ....................................................................................3-10 3.4.1 Waste Transfer and Transport ......................................................3-10 3.4.2 Ash Transport and Disposal .........................................................3-11 i COLLIER COUNTY SOLID WASTE DEPARTMENT REGIONAL WASTE-TO-ENERGY FACILITY EVALUATION JUNE 2000 TABLE OF CONTENTS (cont.) Page 4.0 5.0 6.0 7.0 8.0 FFNANCIAL FEASIBILITY ..............................................................................4-1 4.1 General .............................................................................................4-1 4.2 Long-Term Expansion .............................................................................4-1 4.3 Cost Comparison ......................................................................................4-2 4.3.1 Other Communities ........................................................................4-2 4.3.2 'Other Options .................................................................................4-2 Continued use of existing landfills in Collier County ...................4-2 Constructing a new landfill in Collier County. ...............................4-4 Haul and disposal at a landfill outside Collier County ..................4-4 Constructing a WTE facility in Collier County .............................4-4 ADMINISTRATIVE FEASIBILITY .................................................i ................5-1 5.1 General ......................................................................................................5-1 5.2 Short-Term Interlocal Agreement ............................................................5-1 5.3 Long-Term Interlocal Agreement ............................................................5-1 5.4 Inter-County Solid Waste Authority ........................................................5-2 ENVIRONMENTAL FEASIBILITY ..................................................................6-1 6.1 6.2 6.3 6.4 6.5 General .....................................................................................................6-1 Title V Permit ..........................................................................................6-1 National Emissions Guidelines for Municipal Waste Combustors ..........6-2 Consumptive Use Permit .. ........................................................................6-2 Traffic ......................................................................................................6-3 OTHER ISSUES ..................................................................................................7-1 7.1 General .....................................................................................................7-1 7.2 Issues ........................................................................................................7-1 7.2.1 Flow Control ..................................................................................7-1 7.2.2 Hendry Landfill .........i ............................................... ....i .................7-1 7.2.3 Timing and Control ........................................................................7-2 7.2.4 Other Lee County Disposal Options ..............................................7-2 SUMMARY ANT) CONCLUSIONS ..................................................................$-1 ii COLLIER COUNTY SOLID WASTE DEPARTMENT REGIONAL WASTE-TO-ENERGY FACILITY EVALUATION JUNE 2000 LIST OF TABLES Table Description Page 2-1 2-2 3-1 3-2 3-3 3-4 4-1 8-1 Lee County's Available Processing Capacity versus Required Processing Capacity (1995 to 2010) ...................................................................................................... 2-2 Collier County's Estimated Processible Waste Per Year ...................................2o 14' Estimated Breakeven Cost to Lee County to Expand its WTE Faciliw by 1,500 tons per day .................................................................................................................. 3-5 Construction Cost Estimate for 1,500-tpd Expansion of Lee County WTE Facility (Based on estimated cost of a 750-tpd third unit expansion) ............................... 3-6 Construction Cost Estimate for Ne;v 1,500-tpd WTE Facility in Lee County, FL (Based on historical costs for WTE facilities with capacities of 1,000 to 2,000 tpd) Estimate of Professional Services ........................................................................3-8 Comparative Community Cost Summary ............................................................4-3 Summary of Estimated Costs of Collier County Disposal Options .....................8-2 iii 1.0 INTRODUCTION Lee County has an existing 1,200 ton per day ("tpd") waste-to-energy ("WTE") facility, described more fully in Section 2.0, Existing Disposal Facilities. The proposed Lee/Collier project would include the following elements: Lee County: · The addition of a single additional 750-tpd unit (total 1,950 tpd capacity), or · The addition of two additional 750-tpd units (total 2,700 tpd capacity). Collier County: · A transfer system to deliver Collier County Waste to 'the Lee County facility. ,am ash hauling system to haul ash from the Lee County Facility back to Collier County. An ash landfill in Collier County. from Lee and Hendry Counties only. The Lee County Facility was originally designed for three 600-tpd units, for a total of 1,800-tpd capacity. However, only t~vo of the units were installed. Thus the building and storage pit are sized for three units, and a third unit at 750-tpd capacity could easily be installed in place of the 600-tpd unit originally planned. If a fourth unit, also at 750-tpd, were required, a new or expanded storage pit would have to be added. For these reasons, a fourth unit would be more costly, on a cost per ton basis, than a third unit. However, there is more than enough room on the site for a fourth unit, and no technical reason why it could not be added. The proposed project must also include backhaul for Collier County ash, and disposal in an ash landfill in Collier County. The reason for this is that Lee County's agreement with Hendry County limits the use of the Hendry County landfill to waste 1-1 The discussion above describes the minimum facilities required to implement the proposed project. However, Collier County should be aware that it is likely that Lee County, would require, as a condition of any joint disposal agreement, that Collier County upgrade its recycling program to at least equal Lee County's, which currently acideves a recycling rate of approximately 37 percent.Currently, Collier's County's recycling program achieves approximately 22 percent. In addition to the above, it should be noted that there are other elements of Collier County's solid waste management program, such as landfill closure and monitoring, disposal of construction and demolition ("C&D") wastes and disposal of non-processable wastes~ among others, that Collier County will certainly to be responsible for, even if a .joint disposal project goes forward. Costs for these other program elements have not been considered in this analysis. 1-2 2.0 EXISTING CONDITIONS 2.1 LEE COUNTY 2.1.1 EXISTING DISPOSAL FACILITIES Lee County Waste-To-Energy Facility_ The Lee County WTE Facility (the "Facility") is a 1,200-tpd mass burn resource recovery facility located on a 155-acre site owned by Lee County in the unincorporated area of Lee County. Ogden Martin Systems of Lee, Inc. designed, constructed, operates and maintains the Facility. The Facility utilizes a mass burn technology, meaning it cornbusts municipal solid waste as received, with little or no preprocessing except for the removal of oversized or bulky items, and non-processible waste. The Facility includes two boilers each designed to bum 600 tons of municipal solid waste per day. The Facility has a guaranteed capacity of 372,300 tons per year. In calendar year 1998 the Facility processed a total of 371,544 tons of waste from Lee and Hendry Counties, and in fiscal year 1999, the facility processed about 374,000 tons of waste. Thus, the Facility is already exceeding its gxtaranteed capacity of waste from Lee and Hendry Counties only. Lee County believes it is reasonable to expect that the facility can currently process approximately 385,000 tons per year. Prior to initial construction of the facility, the original facility design included three combustion units instead of two, with a total capacity of 1,800 tons per day. The original Construction Agreement was amended when the County decided to scale back the size of the facility and to implement a program of recycling and education in order to reduce the quantity of waste requir/ng disposal. Table 2-1 shows the available waste processing capacity of the Facility versus the requirect waste processing capacity for processible waste. The projected annual shortfall in processing capacity is also shown. 2-1 Table 2-1 Lee County's Available Processing Capacity versus Required Processing Capacity (1995 to 2010) FiscalYear 1995 385 184 321,890 0 1996 t997 1998 1999 385,184 385,184 385,184 385,180 327,964 0 343,540 0 370,353 395,741 0 10,561 2000 384,210 412,100 27,890 2001 383,240 425,800 42,560 2002 382,270 439,500 57,230 2003 381,300 453,200 71,900 380,320 379,350 2004 467,000 480,700 86,680 2005 2006 378,380 2007 377,410 2008 376,430 2009 375,460 2010 374,490 101,350 493,900 115,520 507,100 129,690 520,300 143,870 533,400 157,940 546,700 172,210 I Assumes facility operating time decreases to 90 percent in 2010 from 92.57 percent, decreasing the available waste processing capacity from 385,184 tpy to 374,490 tpy in 2010. 2 Based on Bureau of Economic and Business Research high population projections and an estimated per capita generation rate of 3.94 ppd. 2-2 Gulf Coast Landfill The Gulf Coast Landfill is located off State Road 82, approximately three miles east of 1-75. It is owned and operated by Waste Management Inc. of Florida ("WMI") which provides disposal capacity under contract to Lee County. The landfill is located on approximately 320 acres in Lee County. Lee County sends all non-processible waste (primarily C&D debris) as well as bypass waste and ash from the Facility to this landfill. The landfill was constructed with a single synthetic liner and leachate collection system. In January 1998, the FDEP renewed the operating permit for the landfill for an additional five-year period, extending the useful life to October 2003. WMI has estimated the remaining permitted disposal volume to be approximately 640,724 cubic yards, which according to WMI, equates to a remaining capacity of 608,688 tons. At the projected disposal rate, it is anticipated that the landfill ~vill reach permit capacity limits in 2002, and closure is expected to begin in 2003 or 2004. Under the terms of the contract between Lee County and WMI, no waste from outside Lee or Hendry Counties may be accepted at the facility unless approved by Lee County, except for limited quantities of Special Wastes, which are defined as being non- hazardous, but which may require specialized handling or management. WMI is currently precluded by its contract with Lee County from expanding the Gulf Coast landfill either vertically or horizontally, and the Lee County Board of Commissioners has made a policy decision to close the landfill when it reaches its permitted height, and to not seek an expansion. Lee County's current plan is that upon depletion of the permitted capacity, the landfill will be closed and monitored as per applicable regulations. Closure of the facility is currently planned for 2003, as available capacity will be depleted during the year 2002. Long-term disposal of ash from the Facility, as well as by-passed waste'will then shift to the Hendry County Regional Landfill. Hendry. County. Regional Landfill The Hendry County Regional Landfill (the "Regional Landfill") is located in western Hendry County on an 1,800-acre site owned by Lee County. Lee County has contracted with WMIF to operate the landfill for a.20-year period after the Gulf Coast 2_3 t ...... Landfill is no longer utilized by Lee County for the disposal of ash and C&D. 'The landfill currently consists of a 12.3 acre Class I double-lined landfill cell, which includes a leachate collection system, double-lined leachate storage pond, and other support facilities. Prior to initiating construction of the first landfill cell, Lee County entered into an agreement (the "Duda agreement") with three major property owners whose property borders the landfill. This agreement establishes certain restrictions and conditions pertaining to the site and its usage and development. In general, the landfill may be utilized for the disposal of solid waste during maintenance of the Facility, and during narrowly defined emergency situations, including bypass of the Facility. The agreement specifically precludes the use of this landfill for the long-term disposal of unprocessed solid waste. Applicable portions of this agreement have been incorporated into the overall landfill design. It 'should be noted that because the Duda agreement limits disposal in the Regional Landfill to only Lee and Hendry County's waste, Collier County would be required to make alternate arrangements for the disposal of their ash residue from the Facility. This issue will be addressed further in Section 7.0. It is intended that the landfill will be constructed in phases. Once fully developed, the landfill is planned to include 208 acres of Class I ash/MSW landfill cells, and up to 75 acres of Class III C&D cells. To date, no solid waste has been disposed of at the facility. The landfill will ultimately accept ash, and waste which is bypassed at the Facility. Future cells may be developed for C&D. As currently designed, the ultimate landfill site will provide disposal capacity for the ash for at least 40 years from the initial date of operation, although the current cell is anticipated to be capable of handling ash from the facility for approximately six years, according to Lee County's landfill consultant. Assuming that ash, C&D, and by-passed waste continues to be disposed of at the Gulf Coast Landfill through the first quarter of calendar year 2002, the 'current cell will be capable of handing ash through the year 2007, with an additional cell required to be developed prior to that time. However, if by-passed waste generated in excess of that which can be handled at the facility is also delivered to the cell, an additional cell will need to be developed at an earlier date. 2-4 Lee County has established a policy of maintaining approximately 500,000 cubic yards of landfill capacity in reserve for uncontrollable circumstances and emergencies, such as hurricanes. Based on this policy, construction of a second cell will be required to be completed in 2003. Transfer Stations Lee County owns, and contract operates to WMI, two transfer stations located in Hendry County: one in LaBelle and one in Clewiston. The transfer stations currently accept a' total of approximately 90 tpd of Class I (household) and 5 tpd of Class II (C&D) waste from Hendry County for transfer to a Lee County-designated facility. Each transfer station, however, has a capacity of approximately 100 tpd for a combined capacity of 200 tpd. In addition to the two County-owned transfer stations-located in Hendry County, there is a privately owned transfer station located within Lee County owned by WMI with a capacity of approximately 50 tpd. This transfer station is currently not in operation. The transfer stations in Hendry County currently accept and process a total of approximately 38,000 tons per year of waste generated within Hendry County. The capacity of these transfer stations, based on a 51/2-day workweekl is approximately 57,000 tons per .year. Waste projections for Hendry County indicate that the transfer station capacity requirements through the year 2010 will be less than 40,000 tons per year. As such, excess capacity is available at these transfer stations beyond the year 2010. In addition to the two transfer stations in Hendry County, an additional 14,000 tons per year of capacity may be available within Lee County via the privately owned transfer station. However, use of this transfer station is not controlled by Lee County, and upgrades may be necessary to begin use of this facility. C&D Processing and/or Disposal Facilities C&D waste from franchise haulers is primarily delivered to the Gulf Coast Landfill for disposal. In fiscal year 1999, approximately 45,700 tons of C&D were 2-5 brought to that facility. Non-processible C&D includes concrete, metals, gypsum products, plaster, rock, brick and masonry, and other non-combustible materials. In addition, C&D generated by the commercial sector, is also delivered to Forestry Resources, Inc. in Fort Myers, a privately owned facility which recycles some of the components compromising C&D and which currently receives approximately 100 tpd of materials. Lee County. does not control the location for C&D disposal from non- franchised haulers. Recovered Materials Processing Facility_ Lee County's publicly owned Recovered Materials Processing Facility ("RMPF") is located within a leased 45,000 square-foot steel building in North Fort Myers and handles residential recyclable materials. The Lee County-owned P~VIPF is currently operated by FCR, Inc. which pays the building rent, maintains the equipment and processes and markets all recyclable materials. The existing facility equipment was desired to be capable of processing up to 200 tpd during a single shift operation. Currently, an average of approximately 115 tpd of recyclables is handled by the 40 employees at the facility. On peak days, up to 170 tpd is processed. In Fiscal Year ("FY") 1999, a total of 29,260 tons were processed. Lee County is in the process of designing a new RMPF that will incorporate some of the existing MRF equipment and be located on the WTE Facility site, so that the major components of Lee County's solid waste management system are located at one site. It is currently anticipated that this new facility will be capable of handling approximately 200 tpd of residential recyclable materials, operating five days per week on a single shift, and will allow for changes in waste stream composition, and the addition of new materials. At an anticipated capacity of 200 tpd, the facility should be capable of handling the recycled materials projected to be generated by the residential sector past the year 2010. Tire Processing Facility Lee County operates a waste tire processing system on the site of the WTE Facility. The tire processing equipment includes a tire-cutting machine, Bulk deliveries of waste tires are accepted, and the cut tires are then processed at the WTE Facility. Lee County currently uses this tire processing facility for storage and pays $25 per ton to a private tire processor in Bonita Springs to shred loads of tires, which once shredded, are returned to the WTE Facility to be burned. In FY 1999, approximately 2,900 tons of tires from Lee County were burned at the WTE Facility. An additional 5,043 tons of shredded tires were also brought to the Facility for burning. The quantity of tires capable of being processed at the Facility is limited by the modification to the Facility's PSD permit, to five percent by weight, of the Facilky's total fuel, with compliance determined on a calendar month basis. Household Hazardous Waste Collection Facilities Lee County instituted a household hazardous waste ("HHW") program consisting of a household hazardous waste transfer station constructed with grant funding in 1990. The HHW facility is used for the collection and temporary storage of HHW which residents may bring in free of charge, at six one-day events each year. Lee County has also implemented a program to remove mercury from the waste stream by implementing battery collection programs. Drop-off sites for button cell batteries have been established, and curbside collections of household batteries have been instituted. Horticultural Waste Processine Facilities Lee County currently has a contract with the City of Fort Myers to deliver its horticultural waste to the Fort Myers Horticultural Trash Processing Facility operated by Thermacycle of Fort Myers, Inc. This facility is a vegetative waste mulching facility and air curtain incinerator in Fort Myers. Other Facilities A relatively small amount of Lee County's waste stream, about 5 tpd, is land filled at the Charlotte County Landfill, due to the proximity of Gasparilla Island to that facility. Waste from Lee County is accepted at the site under the terms of an interlocal agreement J'dh 2-7 between the two counties. The Charlotte County Landfill's current permit is valid to the year 2004. The current landfill cell has an estimated 25-year's worth of capacity for County waste according to Charlotte County personnel, and there are no foreseen problems in handling Lee County's waste through the planning period. 2.1.2 COLLECTION AND TRANSFER Lee County, through local ordinances, has mandated that all residential and commercial entities be subject to mandatory waste collection within the unincorporated areas of Lee County. Lee County established franchise districts within the unincorporated areas and. ganted franchise haulers exclusive rights to collect waste from their assigned district(s). The six franchise hauling areas for the unincorporated portion of Lee County include the Bonita/Captiva area, the South Fort Myers area, the eastern portion of Lee County, the North Fort Myers area, Pine Island and Boca Grande. The haulers collect both residential and commercial waste as well as residential recyclables and horticultural waste. In accordance with the terms of their current franchise hauler agreements, they deliver the waste to Lee County-designated facilities. Lee County pays the haulers for providing waste collection serv'ice in the unincorporated areas, and collects the tipping fee and a special surcharge from unincorporated Lee County residents to pay for collection, disposal, and all other solid waste services. Commercial establishments in the unincorporated areas pay for solid waste collection and disposal services directly to their franchise hauler. The franchise haulers pay Lee County a tipping fee for the disposal of commercial waste and other County surcharges. In addition, all users of Lee County's system pay a Disposal Facility Assessment directly to Lee County, which is based on their estimated average waste generation. Each of the incorporated cities has local ordinances that establish mandatory collection of solid waste. The City of Fort Myers provides for municipal collection of all its waste, while the Cities of Cape Cora/and Sanibel utilize private haulers. The Town of Fort Myers Beach and the new City of Bonita Springs currently utilizes the franchise hauler that had collected from the area prior to the time it became incorporated. Interl0cal Agreements between Lee County and the City provide for solid waste disposal at Lee County facilities and Disposal Facility Assessments or taxes. 2-8 2.1.3 SOLID WASTE STREAM Most of the waste generated in Lee County is delivered to the primary waste disposal site, the Lee County WTE Facility. For the most part, all municipal solid waste ("MSW") generated by residential, commercial, and industhai entities located within the County, as well as from neighboring Hendry County is delivered to this site for processing by the facility. Certain types of waste, however, such as C&D debris, white goods such as refrigerators, and HHW are handled separately, and are delivered to other facilities for their ultimate disposal or reuse. A large portion of the waste generated by Lee County is recyclable, and a large proportion of these recyclables are separately collected and brought to the Lee County MRF, or to other privately operated recycling facilities within the area. Waste products from Lee County's wastewater treatment facilities are handled in yet a different manner primarily by land spreading,. and for the most part, are not considered a part of Lee County's solid waste system. 2.2 COLLIERCOUNTY Prior to discussions regarding an arrangement for disposal with Lee County, Collier County entertained several other alternatives in order to address the existing and potential issues related to the odor problems at the Naples Landfill ("NLF"). Two significant efforts undertaken were the Landfill Site Selection Project, and the Request for Proposals ("RFP") for exporting Collier County waste to another county for disposal. The Landfill Siting Task began in 1988 when the Board of County Commissioners ("BCC") directed Collier County staff to undertake an analysis of the acquisition of land adjacent to NLF for the purposes of expansion. In 1993, BCC rejected the expansion alternative, and following a landfill workshop, an analysis of alternative landfill sites began with the formation of the Landfill Citizens Advisory Committee in 1995. Following a Solid Waste Disposal Workshop in which BCC was presented with a comprehensive overview of all current solid waste processing alternatives, BCC voted not to continue the landfill siting project on April 27, 1999. 2-9 In early 1998, Collier County issued an RFP for the export of waste to another counb,. In March 1998, the RFP results were presented to BCC and negotiations with WMI to export waste beginning in 2003 began. However, following the merger of Waste Management and USA Waste, and the presentation of recommendations by Collier County staff to BCC regarding the solid waste export contract alternatives offered by WMI, the WMI contract proposal was rejected in February 1999. 2.2.1 EXISTING DISPOSAL FACILITIES Naples Landfill The NLF is located on a 312-acre site in Collier County and is classified as a Class-I Solid Waste Management Facility. The current active cell (Cell 6) at' NrLF was constructed with a 60-rail high-density polyethylene single liner, and a leachate collection system that pumps all leachate to the South (Collier) County Wastewater Treatment Facility. NLF was-opened for the disposal of solid waste in 1976. WMI was awarded the twenty-year contract to operate NI.F in i995. WMI operates NrLF as "Collier County, Recycling and Disposal Facility". NLF currently operates the following programs: · Landfill Mining: Collier County performed a Phase-I Landfill Mining Study with a $20,000 ~ant from the Governor's Energy Office in Fiscal Year ("FY") 1987. A Phase-tI pilot operation took place in 1988, and continues periodic landfill mining at NLF · Construction and Demolition ("C&D") Debris Recycling: The C&D debris received at NLF is recycled by WMI's contractor. Corrugated cardboard, metal, and wood are separated from the debris. · Yard Waste Recycling: Yard waste is processed into'boiler fuel and low- grade mulch by contractors hired by W'MI, and some mulch is given free to the public. · Scrap Metal/White Goods Recycling: Scrap metal, refrigerators, stoves, dryers, and other "white goods" are accepted at NLF and then sold to scrap dealers by WMI. 2-10 ; · Tires: Used tires are accepted at NLF and processed by an outside contractor. · Household Hazardous Waste Collection: The facility is open every Saturday to collect a wide range of residential hazardous waste and limited amounts of commercial oil, lamps, and mercury-containing devices. · Stormwater Retention Areas/"Cypress Preserves": A total of 113 acres has been set aside to meet stormwater management permit requirements. · In addition to the above programs operated by WMI, Collier County operates a Hydrogen Sulfide Odor Monitoring Program at the NLF site. As of June 1999, Collier County estimated the remaining permitted disposal volume of NLF to be approximately 3,642,102 cubic yards (10 years). In FY 1999, NLF accepted roughly 408,115 tons of solid waste for an average of appro.ximately 1,341 tons per day, with 314,314 tons disposed and 96,443 tons processed for recycling. The landfill rate for FY 2000 is $27.07 per ton for general wastes. Immokalee Landfill The Immokalee Landfill ("ILF") is located on a 100'-acre site in Collier County and is classified as a Class-I Solid Waste Management Facility. ILF was opened for the disposal of solid waste in 1982, and is projected to reach capacity in 2003. Originally operated by the Collier County, Solid Waste Department, ILF has been operated under contract with WMI since 1995. ILF currently operates the following programs: Scrap Metal/White Goods Recycling: Scrap metal, refrigerators, stoves, dryers, and other "white goods'~ are accepted at ILF. Tires: Used tires are accepted at ILF and processed by an outside contractor. Stormwater Retention Areas/"Cypress Preserves": A 7.51-acre retention pond and a 3.55-acre wetlands-reserve were set aside at ILF to meet stormwater permit requirements. 2-11 As of June 1999, Collier County, estimated the remaining permitted disposal volume of' ILF to be approximately 227,597 cubic yards (seven years). In FY 1999, ILF accepted roughly 28,540 tons of solid waste for an average of approximately 92 tons per day. The landfill rate for FY 2000 is $27.07 per ton for general wastes. Transfer and Recycling Stations Collier County created three transfer stations to provide for convenience and the additional waste disposal needs of Collier County's residents. Separate recyclables are accepted at no charge at the transfer stations. Naples Transfer Station Residential and commercial wastes are accepted at the transfer station and then delivered to NLF for disposal. The following recyclable items are accepted: ~vaste tires, scrap metal, corrugated cardboard, offme paper, phone books, magazines, steel cans, plastic containers, newspapers, aluminum cans, and appliances. This transfer station accepts limited hazardous wastes including xvaste oil, lead-acid batteries, nickel-cadmium batteries, and fluorescent lamps. Marco Transfer Station Residential and commercial wastes are accepted at the transfer station and then delivered to NLF for disposal. The following recyclable items are accepted: waste tires, scrap metal, corrugated cardboard, office paper, phone books, magazines, steel cans, plastic containers, newspapers, aluminum cans, and appliances. This transfer station accepts limited hazardous wastes including waste oil, lead-acid batteries, nickel-cadmium batteries, and fluorescent lamps. 2-12 Carnestown Transfer Station Because of its remoteness and much smaller demand, this station is open only on Mondays. The following recyclable items are accepted: waste tires and scrap metal. This transfer station accepts only the following hazardous wastes: waste oil, nickel-cadmium batteries, and lead acid batteries. 2.2.2 COLLECTION AND TRANSFER Collier County currently contracts with WMI. for solid waste collection. The collection pro,am currently provides twice-weekly pick-up of garbage for residential units. Service includes' once-a-week yard waste pick-up, and once-a-week curbside recycling and bulky-item special pickups.. 2.2.3 SOLID WASTE STREAM According to the Lee County white paper, Collier County's waste flow is estimated to be approximately 800 tpd, on a seven day- per- week basis. However, this estimate has come under close scrutiny by both Collier and Lee Counties. The following discussion will provide the basis for Malcolm Pimie's estimate used in this report. In FY 1999, according to Collier County, NLF received an average of 1,341 tpd, and ILF received an average of 92 tpd, for a total average of 11433 tpd on a six-day per week (310 operating days per year) basis. This is equivalent to a total of 445,663 tons received at both landfills in FY 1999. However, approximately 2,900 tons of C&D debris is assumed to be collected per week by the two new C&D Recycling Facilities in Collier County, Pro-Disposal and Atlas of Naples, thereby reducing the volume of waste flow to the landfills by 150,800 tons per year. Therefore, the total volume of waste that was delivered to the landfills in FY 1999 is estimated to be 295,000 tons. For the purposes of this report, it is assumed that 90 percent, or 265,000 tons, of the waste delivered to the landfills would be processible at the Lee County Facility. Therefore, Collier County's processible waste flow was approximately 726 tpd for FY 1999. Table 2-2 shows the estimated processible waste tonnages in Collier County through FY 2008. , 2-13 It is important to realize that, should a joint Lee/Collier County project move £orward, Lee would certainly require of Collier a firm, binding commitment to delivering a set quantity of solid waste, or pay as though it had been delivered (A "Put-or°Pay" contract in the language of the solid waste industry.). Thus, the decision as to what quantity to commit to is an extremely important one with the potential for very. serious financial and environmental consequences for Collier County. Committing to too large a quantity, and perhaps being unable to fulfill that commitment, could be very costly. On the other hand, committing to too small a quantity could potentially leave Collier County with waste and no place to put it. Should ajoint project go forward, the question of waste commitments will require careful study and consideration. In no way should the brief analysis in this report be considered adequate. Table 2-2 Collier County's Estimated Processible Waste Per Year ~ Fiscal;Year t Estimated:Processible ~Waste 1999 265,000 2000 278,200 2001 292,200 2002 306,800 20O3 322,100 2004 338,200 2005 355,100 2006 372,900 2007 391,500 2008 411,100 Based on 726 tpd in FY 1999 and an estimated growth of 5 percent per year. 2-14 3.0 TECHNICAL FEASIBILITY 3.1 WASTE SOURCES As discussed previously, the issue of the quantity and composition of Collier County waste to be committed to Lee County may require further study at another time. However, for the purposes of this evaluation, we will use currently available data to estimate waste quantities ~om Collier County, and xvill assume that the composition of this waste is similar to that generated in other Florida Counties. Information provided by Collier County indicates that the County generated 265,000 tons of processible waste in 1999. Estimating an increase of five percent per year over the next five years yields a projected 338,000 tons of processible waste in 2004. Lee and Hendry Counties are projected to generate 412,000 tons of processible waste in 2000, increasing. to 467,000 tons in 2004. Estimating the expansion of the Lee County Facility to be completed in approximately four years, the available quantities of processible waste from Lee, Hendry., and Collier Counties at that time will be 805,000 tons annually. 3.2 WASTE MANAGEMENT PRACTICES There are two plausible expansion scenarios for the expansion of Lee County Facility: Scenario 1. Add one 750-tpd unit, for a total installed (nameplate) capacity of 1,200 + 750 = 1,950 tpd. This results in an annual Facility throughput capacity of 605,000 tons. Scenario 2. Add two 750-tpd units, for a total installed (nameplate) capacity of 1,200 + 1,500 = 2,700 tpd. This results in an annual Facility throughput of 837,700 tons. 3-I Throughput capacities indicated above are based on 85 percent of installed (narneplate) capacity. This allows for scheduled and unscheduled down time required for performing maintenance on the units. Since the combined waste from Lee, Hendry,, and Collier Counties will total 805,000 tons per year when an expansion would be completed, adding only one unit will result in the expanded Facility being overloaded on its first day of operation, leaving approximately 200,000 tons of waste to be landfilled by either Lee or Collier Counties, neither of which will have a readily available landfill facility at that point. On the other hand, if two units are added immediately, these will have a load factor of 93 percent (of throughput capacity) upon initial operation. The remaining seven percent of throughput capacity would allow for some growth of the waste streams. However, based on the' projected growth rates, even with this remaining capacity a two-unit expansion would only be adequate for approximately one year. The Facility's current turbine-generator unit has a nameplate rating of 40 megawatts ("MW"). It is sized only to accept the steam flow of the existing two units processing 1,200 tpd of waste with a higher heating value ("HHV") of approximately 5,000 Btu/lb. As such, a new turbine-generator unit will be required whether one or two boiler units are added to the Facility. Adding two 750-tpd units to the Facility will require a new additional turbine-generator rated at 50 MW. Air emissions from the new WTE units will be regulated by the New Source Performance Standards of 40 CFR Part 60 Subpart Eb. Meeting these standards will require air pollution control equipment similar that of the Facility's existing two units. This includes spray dryer absorbers (dry scrubbers) with lime injection for removal of acid gases, fabric filters for control of particulate matter, carbon injection for mercury emissions control, and ammonia injection to reduce emissions of nitrogen oxides. Ash from the Lee County Facility is currently disposed at the Gulf Coast Landfill in Lee County, several miles east of the Facility. However, the disposal capacity of the Gulf Coast Landfill is projected to be depleted in 2002, after which ash will be disposed at the Lee/Hendry Regional Landfill located in Hendry County. The agreement between Lee and Hendry County allows only ash derived from Lee and Hendry County waste to be disposed at the Regional Landfill. Therefore, at a minimum, it is likely Collier County would have to arrange for its portion of the ash to return to Collier County or an alternate site for disposal. The Facility's current water sources are potable and reclaim water from the City of Fort Myers, and four wells for groundwater withdrawals. Potable and reclaim water, further treated as necessary by the Facility, are used for drinking water, plant processes, fire protection, and landscape irrigation, with groundwater withdrawals used mainly as a backup source. The availability of water to accommodate the additional demand of the expanded Facility will have to be considered, particularly for the impact on groundwater withdrawals. These withdrawals are currently regulated by a Consumptive Use Permit issued by the South Florida Water Management District under the Facility's Power Plant Site Certification. It may be possible to increase the allowable limits specified by this permit, but that may require a significant effort. Lee County has a Power Purchase Agreement with Seminole Electric Cooperative, who purchases the electricity produced at the Facility. Under that agreement, Lee County receives approximately 2.5 cents per kilowatt-hour through a combination of energy and capacity payments. Lee County retains 90 percent of this revenue, paying the remaining 10 percent to the Facility operator. A 1,500-tpd expansion will more than double the Facility's electric output. Therefore at a minimum, an amended Power Purchase Agreement. with Seminole will be necessary to specify terms for the purchase of the additional energy, assuming Seminole has a need for it. Otherwise, a power purchaser will have to be identified and a new agreement formed. In either case, the ultimate pricing obtained for this energy will be subject to change based on market conditions and other factors. Revenue is also generated from the sale of ferrous and non-ferrous material recovered by the Facility. These revenues, currently $800,000 annually, are split evenly between Lee County and the Facility operator. 3.3 ESTIMATED COST OF FACILITY EXPANSION For the purpose of establishing a starting point for discussions of project feasibility, Malcolm Pirnie has performed an estimate of Lee County's cost to expand the Facility by adding two 750-tpd units, taking into consideration the technical requirements identified above. This estimate is summarized in Table 3-1. 3.3.1 CONSTRUCTION COST The construction cost range for the expansion was identified using two construction cost estimates, representing the lower and upper ends of the construction cost range. The first construction cost estimate represents the lower end of this range, and was developed based on a component cost analysis on installing a third 750-tpd unit at the Facility. This component cost analysis accounts for the fact that certain infrastructure and equipment items are already in place for a third unit. Using this method yields a construction cost estimate of approximateiy $155 million. The details of this construction cost estimate are given in Table 3-2. The second construction cost estimate represents the upper end of the construction cost range, assuming the cost of a 1500-tpd expansion would be the same as constructing a new 1,500-tpd facility. This estimate was developed using selected construction costs from 21 waste-to-energy facilities in the U.S. The facilities used in this analysis have waste throughput capacities between 1,000 auld 2,000 tpd. The construction costs (updated to Year 2000 dollars) and xvaste throughput capacities of these facilities were used to calculate a capacity-specific construction cost per ton per day of capacity, which was then adjusted for location using February,' 2000 Consumer Price Indexes. This yields a capacity-specific current construction cost of approximately $130,000 per ton per day. Multiplying this by the 1,500-tpd results in a facility, construction cost of approximately $195 million. The details of this construction cost estimate are ~ven in Table 3-3. In addition' to the construction cost, there are additional capital costs associated with financing and professional services. Financing costs, which include capitalized interest, required reserve funds, contingency, and issuance costs, were estimated using a representative percentage of the construction cost, based on Malcolm Pirnie's experience with the financing of other waste-to-energy facilities in Florida. The percentage used for each of these components is indicated in Table 1. The estimate for professional services, which tend to be less dependent on the construction cost, is detailed in Table 3-4. 3-4 TABLE 3-1. Estimated Breakeven Cost to Lee County to Expand its ~Vaste-to-Energy Facility by 1,500 tons per day A31OUNT NOTES Canital Costs Lower Upper 1 Construct/on $ 155.000,000 $ 195,000,000 See Tables 3-2 and 3-3. 2 Site Acqmsition $ $ Assume use of Lee County WTE site. 3 Capitalized linerest $ 31.000,000 $ 39,000,000 Estimated at 20% of construction. 4 Reserve Fund Requirement $ 15,500,000 $ 19,500.000 Estimated at I0% ofconstructiop. 5 Conungency Fund $ 6,200,000 $ 7,800,000 Estimated at 4% of construction. 6 Professional (Engineering, Legal, Financial) $ 3,000,000 $ 3,000,000 See Table 3. 7 Issuance Costs $ 6,200,000 $ 7,800,000 Estimated at 4% of construction. 8 Total Uses of Funds $ 216,900,000 $ 272,100,000 9 Facility Bonds $ 188,608,696 $ 236,608,696 10 Investment Earrungs (on Bonds) $ 28,291,304 $ 35,491,304 Estimated at 15% of bond amount. 11 Total Sources of Funds $ 216,900,000 $ 272.100,000 12 .~NNUAL DEBT SERVICE $ 17,547,375 $ 22,013,096 Based on bond amount financed at 7.00% over 20 years. COST PER TON $ 41 $ · 51 Based on projected capaciLy in 2004 Oneratin~ Costs 14 Annual Service Fee (O&M) $ 10,704.000 O&M cost of $23 per ton. 15 Pass-Through Costs $ 1,862,000 Pass-through costs of $4 per ton includes: Consumables - $707,000 Utilities - $330,000 Taxes - $65,000 Insurance - $370,000 Environmental Testing - $190,000 Misc./Capital Projects - $200,000 16 Ash/Bypass Waste Disposal $ Not included in Lee County's cost. 17 Shared Revenues $ (6,221,000) Includes: Energy: $6,021,000 (90% sh. are) (575 kWh/ton ~ $0.025/kWh) Ferrous: $50,000 (50% share) Non-Ferrous: $150,000 (50% share) 18 ANNUAL OPERATING COST $ 6,345,000 19 COST PER TON $ 14 Based on capacity at 85% availability !Breakeven Cost Per Ton Lower Upper 20 Breakeven Cost Per Ton $ 54 $ 64 Annual debt service plus operating costs per ton of waste processed. 3-5 TABLE 3-2. Construction Cost Estimate for 1,500-tpd Expansion of Lee Count' WTE Facili~' (Based on estimated cost of a 750-tpd third unit expansion.) Facility. Component Refuse Cranes Combustion System Heat Recovery System Ash Handling System Distrubu'ted Control System Air Pollution Control System Power Generation System and Auxiliaries Balance of Plant Equipment Site Work/Civil/Structural Other (Eng./Admirv'Contingencies/Profit TOTAl. for one 750-tpd unit expansion Estimated Construction Cost of 1,500-tpd Expansion Capital cosi (2000 $) $ 30,000 $ 9,500,000 $ 17,600,000 $ 1,230,000 $ 430,000 $ 13,000,000 $ 13,447,000 $ 1,517,000 $ 4,280,000 $ 16,680,000 $ 77,714,000 $ 155,000,000 3-6 TABLE 3-3. Construction Cost Estimate for New 1,500-tpd WTE Facility in Lee County, Florida (Based on historical costs for waste-to-energy facilities with capacities of 1,000 to 2,000 tpd.) Facility Capacity (tpd)Capital cost (2000 $) Albany 1500 $ 266,367,000 Camden County 1050 $ 132,838,000 Central Mass. 1500 $ 198,247,000 East Bridgewater 1500 $ 194,759,000 Haverhill 1650 $ 166,047,000 Hennepin County 1200 $ 108,269,000 Hillsborough County 12001$ 111,390,000 Hudson County 15001$ 238,399,000 Lancaster County 1200:$ 135,847,000 Lee County 1200 $ 163,533,000 Montgomery County 1800!$ 372,914,000 Montgomery County 1200!$ 153.,161,000 Morns County 1340 $ 188,988,000 North Andover 1500 $ 267,903,000 Oyster Bay 10001$ 175,283,000 Pasco County 1050 $ 120,664,000 Passaic County 1434 $ 184,372,000 Southeast RRF 1380 $ 146,675,000 Saugus 1500 $ 96,290,000 Union County 1440 $ 194,759,000 'West Pottsgrove 1500 $ 194,759,000 AVERAGE 1364 $ 181,498,286 Facility_ Cost Calculation Construction cost per tpd capacity (2000 $) $ 133,063 February 2000 CPI - US 169.7 February 2000 CPI - Miami/Fort Lauderdale 165.9 Construction Cost per tpd, Corrected for location $ 130,084 Lee County Expansion Capacity (tpd) 1500 Estimated Construction Cost of 1,500-tpd WTE Facility $ 195,000,000 3-7 TABLE 3-4. Estimate of Professional Services PROFESSIONAL AMOUNT NOTES SERVICE Engineering S 2,000,000Includes: Feasibility' Analysis - $300,000 Permitting - $200,000 Vendor Qualification/Procurement - $500,000 Construction Administration - $1,000,000 Legal $ 500,000 Financial $ 500,000 TOTAL $ 3,'000,000 3-8 As Table 3-1 indicates, the total funds required for construction, financial, and professional services costs are approximately $217 to $272 million. Estimating 15 percent investment earnings on bond monies, the expansion will require $189 to $23'7 million in bonds. Assuming a twenty-year term at seven percent interest, this will require approximately $17.5 to $22.0 million in annual debt service payments. This equates to $41 to $51 per ton of waste processed, based on the projected capacity of the two new units in the first year of operation. 3.3.2 OPERATING COSTS The major operating costs associated with the Facility are the service fee (which covers operations and maintenance on the Facility and its equipment), pass-through costs,' and ash and bypass waste disposal. These costs are partially offset by shared revenues from the sale of electricity and recovered materials. The annual service fee was estimated-based on the current operating and maintenance costs per ton at the Lee County Facility. In 1999, the service fee for the Facility was $8.3 million, and the Facility processed 376,000 tons, which equates to approximately $23 per ton. Applying this to the full capacity of the new units (465,000 tons at 85 percent availability) results in an annual service fee of $10.7 million. Pass-through costs are variable costs that waste-to-energy vendors typically do not want to risk. These include certain utility costs (e.g., electricity, natural gas, water), consumables (e.g., lime, activated carbon, ammonia), sales and property. taxes, and environmental testing. These costs are estimated at $4 per ton, resulting in annual pass- through costs of $1.9 million. Disposal of ash and bypass waste represents another operating cost of waste-to- energy facilities. Ash generation is generally 30 percent by weight of waste processed. Assuming 338,000 tons ofprocessible waste from Collier County in 2004, approximately 95,000 tons of ash will have to be disposed of. However, since Collier County will likely be responsible for disposal of its ash, this is not a cost to Lee County and therefore is not included in this part of the estimate. Additional costs to Collier County, including waste transfer and transport, and ash transport and disposal, are estimated in Section 3.4. 3-9 The operating costs outlined above will be partially offset by shared revenues resulting from the sale of electricity and recovered ferrous and non-ferrous mater/als. Electrical generation was calculated using a facility efficiency of 575 kilowatt-hours (kWh) per ton of waste processed. Electrical revenues will vary, depending on the type of power purchase agreement that is obtained. However, based on the current agreement between Lee County and Seminole Electric Cooperative, a price of 2.5 cents per kilowatt- hour was used for this estimate. Assuming a split in which Lee County receives '90 percent, electric revenues are estimated to be range from $6.0 million annually. Adding $50,000 for ferrous revenues and $150,000 for non-ferrous revenues (assuming a 50 percent split with the waste-to-energy vendor), shared revenues are estimated to be $6.2 million annually, equating to $13 per ton. These operating costs and shared revenues result in a net annual operating cost of approximately $6.3 million, or approximately $14 per ton. 3.3.3 BREAKEVEN COST TO LEE COUNTY Combining the estimated debt service and annual operating costs result in an estimated breakeven cost to Lee County between $54 and 564 per ton. 3.4 ADDITIONAL COSTS The breakeven cost to Lee County estimated in the previous section represents only those costs that Lee County would have to recover to pay for the expansion of its Facility. However, for Collier County to use this Facility as its disposal option, there are additional costs, including transfer a~d transport of waste to the Facility, and transport and disposal of its portion of the ash residue from the Facility. 3.4.1 WASTE TRANSFER AND TRANSPORT Use of the expanded Lee County Facility will require Collier County to transport its waste to the Facility. The distances between the Facility and population centers in Collier County (approximately 30-50 miles each way) are generally too long to be economically feasible for packer trucks that collect the waste to haul directly to the 3-10 ! ,... ,. ,~ ~..-,,: Facility. Therefore, for the purpose of this estimate, we assume that Collier County will require at least one new transfer station in the County to receive waste from packer trucks and transfer it to larger tractor-trailers for hauling to the Facility. The transfer station itself can be an enclosed building with a concrete tipping floor where waste can be received, stored (for short periods, if necessary), and pushed into trailers on a lower level using front-end loaders. A 30,000 square foot transfer station should allow a capacity of approximately 1,500 tpd, which will allow room'as processible waste quantities increase in later years. The transfer station will also require a scalehouse, site work, and roadways as necessary. The construction cost of this transfer station is estimated to be approximately $6 million. Including costs of financing and professional services, this should result in a debt- service cost of $2 to $3 per ton of processible waste. Hauling waste to the Facility six days per week at the projected 338,000 tons of processible waste, and including an additional 30,000 to 35,000 tons of non-processible waste, requires a daily hauling capacity of 1,200 tpd. Using a transfer trailer capacity. of 18 tons, this will require 67 truckloads per day, six days per week. Estimating transportation costs of $0.12 per ton-mile at a round trip distance of 90 miles yields a cost of $11 per ton to haul waste to the Lee County Facility. Thus the total waste transfer and transport cost for this option is estimated to be $13 per ton. 3.4.2 Ash Transport and Disposal Processing 338,000 tons of waste in the first year will produce approximately 95,000 tons of ash residue, or 260 tpd, that Collier County will have to provide transport and disposal for. At 20 tons per truckload, this will require about 13 truckloads per day. Again, assuming a transportation cost of $0.12 per ton-mile and a roundtrip distance of 90 miles from the Facility to the disposal site results in a hauling cost of $I 1 per ton of ash, or $3 per ton of processible waste. Ash disposal (landfill) costs are estimated to be $34 per ton of ash, or $10 per ton of processible waste, based on Lee County's projected costs for 2004. Thus Collier County's ash transport and disposal cost for using the Lee County Facility is estimated to be $13 per ton. 3-11 4.0 FIN.4~NCIAL FEASIBILITY 4.1 GENERAL The Lee County white paper considers both short-term (adding a single 750-tpd unit) and long-term (adding two 750-tpd units) options for a combined Lee-Collier expansion project. However, our analysis suggests that a single 750-tpd unit expansion would be inadequate on the first day of operation, leaving additional waste that would still require disposal by some other means. Since we do not believe this meets either county's objectives, we do not see the short-term option as viable. 4.2 LONG-TERM EXPANSION The long-term expansion would likely satisfy the solid waste disposal needs of Lee, Hendr, and Collier Counties for one to two years after its completion. The costs for Collier County are estimated as follows (on a per ton processible waste basis): 1. Use of Expanded WTE Facility 2. Transferring Waste to WTE Facility 3. Ash Disposal a. Haul b. Landfill TOTAL $54 to $64 per ton $11 to $15 per ton $2 to $4 per ton $8 .to $11 per ton $75 to $94 per ton For the purpose of this evaluation we will use $75 to $95 per ton as our estimate of Collier County's cost. An important qualification needs to be placed upon our estimated cost for Collier County's use of the expanded Lee County Facility: this is our estimate of the breakeven cost for Lee County. It has all the uncertainty estimates usually contain, but in addition, there is no reason to assume that Lee County will be satisfied to charge the breakeven cost. After all, one might reasonably ask what Lee County gains if it expands its Facility 4-1 and then charges Collier County only what that expansion costs. However, the decision to charge anything more than the breakeven cost'is a political decision and beyond our ability to estimate. That number will be revealed only through actual negotiations with Lee County. Therefore, we use the breakeven cost here because it is all we can estimate. The final cost will be at least this much, and may be higher. 4.3 COST COMPARISON 4.3.1 OTHER COMMUNITIES In an effort to place the Lee County expansion in perspective, we have collected data from several communities in Florida. This data includes communities using both waste-to-energy and landfill disposal. The costs are reported in Table 4-1, and range from $23 to $91 per ton. Unfortunately, surveys of this type suffer from several limitations. The most serious limitation is that the cost that is usually reported is the tipping fee. This fee is charged directly to users and is relatively easy to determine. However, there are often other costs, in other parts of the solid waste budget, that are not as obvious. For example, the Lee County WTE tipping fee reported in Table 4-1 is $50 per ton, which is correct. However, we are aware that Lee County also has an additional charge of approximately $28 per ton charged directly to participating communities, which is collected via user fees. Thus the "real" cost for Lee County is $78 per ton. Other communities listed in Table 4-1 may have similar systems, thus the costs may in some cases be understated. 4.3.2 OTHER OPTIONS Another way to put the costs of a Lee County option in perspective is to look at other options Collier County could pursue. These include: Continued use of existing landfills in Collier County_ Collier County currently disposes of its waste at the Naples and Immokalee Landfiils, operated by WMI. Collier County currently pays an operating fee of $17 per ton of waste for this disposal. This fee also includes construction of a new cell at the 4-2 Naples landfill to expand its capacity for continued use. However, there are additional costs to the County for this disposal option, including remaining debt service on the landfills, as well as future repair, administrative, and closure costs. In addition, these costs are likely to rise as increased environmental requirements become effective. Thus the true cost to Collier County for continued use of these landfills, based on these additional considerations which cannot be quantified at this time, is some amount substantially greater than $17 per ton. Constructing a new landfill in Collier County. Constructing a new landfill in Collier County would require site selection and acquisition, permitting, financing, design and construction, and operating costs, in addition to closure costs not set aside for the current 'landfills. Our estimate of Collier County's cost for this option is $30 to $50 per ton. Haul and disposal at a landfill outside Collier County_ Tipping fees for contracted transfer and disposal to a landfill outside Collier County are estimated to be $40-$55 per ton currently. However, such cost is never known for certain until it is bid, and given Waste Management's majority share of available landfill capacity in Florida, competition may be somewhat limited. Therefore, these costs could potentially be higher. Constructing a waste-to-energy Facility. in Collier County The cost of a new waste-to-energy facility in Collier County will necessarily include all of the costs associated with the Lee County waste-to-energy option, without the benefit of the savings associated with expanding an existing plant versus constructing one new. As a result, construction costs will be greater, as will costs of permitting, professional services; and financing. The time required to implement such a project would also be greater. The net result of these additional costs will make a new plant in Collier County more expensive than the Lee County option on cost-per-ton basis, even when including the savings from not having to construct a transfer station, or haul waste 4-4' and ash long distances. Our estimate of Collier County's cost for this option is $85 to $110 p_er ton. It should be noted that the per-ton cost estimates for the options presented above do not include potential costs of more stringent environmental requirements that may be applicable to landfills or waste-to-energy facilities in the future. Although the per-ton cost of any these options may be impacted by future environmental requirements, generally those options involving disposal outside of Collier County (e.g., Lee County Facility, expansion, or landfill disposal outside Collier County) pose a lesser risk of such cost impacts directly to Collier County. 4-5 5.0 ADMINISTRATIVE FEASIBILITY 5.1 GENERAL When considering the development of a regional solid waste disposal facility, there are several alternatives available to Collier County regarding institutional arrangements and organizational structures. The Lee County white paper introduces the following options: a Short-Term Interlocal Agreement, a Long-Term Interlocal Agreement, and an Inter-County Solid Waste Authority. 5.2 SHORT-TERM INTERLOCAL AGREEMENT One option would be for Collier County to enter into an interlocal agreement with Lee County, for a short term (about five years), which would give Collier County additional time to investigate alternative long-term solid waste disposal options. This agreement would enable Collier County to use a portion of the capacity that would be available following an expansion of the Lee County WTE Facility to three units. 5.3 LONG-TERM INTERLOCAL AGREEMENT Another option would be for Collier County to enter into an interlocal agreement with Lee County for a long term (10 to 20 years), which would contractually bind Collier county to use and fund an expansion of the Lee County Facility to four units. Lee County would continue to have authority over the ownership, planning, financing, construction, and operation of the Facility, and Cotlier County would be required to guarantee waste flow under a "Put or Pay" type arrangement, and would still be responsible for their own ash disposal. 5-1 5.4 INTER-COUNTY SOLID WASTE AUTHORITY The £mal option discussed in the Lee County white paper is the formation of an independent Solid Waste Authority with members from Lee, Collier, and possibly Hendry Counties. Board members would be appointed based upon the quantity of disposal capacity at the Facility that each county reserved. The Facility, site, permits, and operating contracts would be sold and transferred from Lee County to the Authority. Interlocal agreements would be needed between the Authority and each county to guarantee the solid waste flow, and to pay the fixed assessment charges and tipping fees. 5-2 6.0 ENVIRONMENTAL FEASIBILITY 6.1 GENERAL In general, any expansion or new construction of a facility will require major permitting efforts. However, there are no foreseen regulatory Obstacles related to the expansion of the construction of a new WTE facility in Collier County. insurmountable permitting or Lee County Facility or the The following is a summary of the federal standards and requirements for WTE Facilities. Collier County must also become familiar with applicable state and local 'requirements, which may be more stringent than the federal requirements. Regulations that would affect the construction and operation of a new municipal solid waste combustor include, but are not limited to, the following: · New Source Performance Standards ("NSPS") · National Ambient Air Quality Standards ("NAAQS") · Prevention of Significant Air Quality Deterioration ("PSD") review process for attainment areas · New Source Review ("NSR") for nonattainment areas · Operating Permit Review and periodic renewal · Construction Permit · Power Plant Siting Certification ("PPSC") - state requirement 6.2 TITLE V PERMIT The Florida Department of Environmental Protection's Air Resources Management. Division has implemented a Title V operating permit program for air emissions sources under the Clean Air Act's 1990 Amendments. Air emissions sources required to obtain Title V operating permits include those facilities emitting 100 tons per. year or more of any regulated pollutant, 10 tons per year of a single .hazardous air pollutant ("HAP"), or 25 tons per year or more of any combination of HAPs. All applicable facilities have to comply with the program and apply for a state-issued operating permit that is good for five years. 6.3 NATIONAL EMISSIONS GUIDELINES FOR MUNICIPAL WASTE COMBUSTORS In accordance with the national Emission Guidelines for Municipal Waste Combustors (40 CFR 60 Subpart Cb), the FDEP implemented regulations in November 1997 governing large existing municipal waste combustors (> 225 Mg/day). These units are subject to the following standards: · Good combustion practices · Emissions standards' for dioxins/furans,' particulate matter, opacity, cadmium, lead, mercury, sulfur dioxide, HC1, nitrogen oxides, and fly ash/bottom ash . tiv.s. · Compliance Testing/Monitoring Requirements. · Operator Training. Emission Guidelines are based on Maximum Ach/evable Control Technology (MACT) standards, which were vacated by the U.S. Court of Appeals in Davis County Solid Waste Management and Energy Recovery. Special Service District v. EPA, (D.C. Cir. No. 95-1611, December 6, 1996). However, a subsequent desk statement from EPA indicated their hope to keep in place similar standards for large municipal waste combustors. 6.4 CONSUMPTIVE USE PERMIT The availability of water to accommodate the additional demand of an expanded Facility would have to be considered, particularly for the impact on groundwater withdrawals. These withdrawals are currently regulated by a Consumptive Use Permit issued by the South Florida Water Management District under the Facility's Power Plant Siting Certification. It may require a significant effort to increase the allowable limits specified by this permit. 6-2 6.5 TRAFFIC The distances between the Facility and population centers in Collier County are approximately 30 to 50 miles each way. Based upon our estimations, waste and ash transport will require approximately 80 truckloads per day, for a total of 160 trucks per day added to 1-75 between Collier and Lee Counties. According to the Florida Department of Transportation, the stretch of 1-75 between Collier and Lee Counties has an annual estimated average of 58,000 vehicles per day (two-way volume). The added traffic from the transport of waste and ash from Collier County (160 vehicles per day) represents an increase of only 0.28% of the daily traffic flo~v on 1-75. 6-3 7.0 OTHER ISSUES 7.1 GENERAL There are a number of other issues that should be considered in this evaluation, as they present potential impacts to the ultimate feasibility of the proposed project with Lee County,. The intent of this section is to present these issues for the County's information, in an effort to demonstrate the types of questions to be answered prior to moving forward with such a project. A brief summary of these issues is included in the following section. 7.2 ISSUES 7.2.1 FLOW CONTROL Entering into a disposal agreement with Lee County will require Collier County to commit to delivering a certain tonnage of waste to the Facility for processing. In making such a commitment, Collier County would then be required to pay its per-ton fee for that tonnage whether it was delivered or not. There would likely be an increased per-ton fee for waste delivered in excess of the committed tonnage. As a result, it will be vital for the County to determine how much processible waste is available from the County. Once that is determined, the County must be able to exercise some means of control to ensure that waste gets delivered to the Facility. Solid waste flow control is a complex situation involving numerous legal issues, and current trends are not moving in a favorable direction for municipalities. However, this issue will have to be thoroughly understood in order for the County to make commitments required to make the Lee County option feasible. 7.2.2 HENDRY LANDFILL' disposal of its portion of the ash residue from the Facility. As indicated in Section 2.1.1, the Duda agreement between Lee County and property owners bordering the Hendry, Landfill limits disposal in the landfill to only Lee and Hendry County waste. At a minimum, this will require Collier to provide for However, it can and may be 7-1 t argued that the Facility's ash residue from processing Lee, Hendry, and Collier wastes is a "mixed" ash residue. As such residue would contain portions derived from outside of Lee and Hendry County, it can be further argued that since the fractions could not be segregated, none of this residue could be disposed at the Hendry Landfill under the Duda agreement. Such an argument could potentially jeopardize any potential arrangement for Collier County's use of the Lee County Facility. 7.2.3 TIMING AND CONTROL Our discussions with Lee County regarding the proposed project suggest that Lee County's approach is to retain control of the project. In other words, Collier County would sign an agreement committing a certain tonnage, and Lee County would guarantee a certain capacity and disposal price, but otherwise the expansion of the Facility and its ultimate operation would be performed at Lee County's discretion. Such an arrangement may not be agreeable to Collier County. 7.2.4 OTHER LEE COL.'NTY DISPOSAL OPTIONS In addition to expansion of its Facility, Lee County is also examining other options for disposing of its additional waste, including contracted hauling and disposal in a landfill elsewhere. If Lee County determines another option to be favorable to an expansion of its Facility, Lee County may then only choose to expand its Facility if it could make up the difference in pricing through the disposal fee it charges Collier County, or it may decide not to expand its Facility at all. 7-2 8.0 SUMMARY AND CONCLUSIONS Malcolm Pimie has analyzed Collier County's options for a joint Lee-Collier Waste-to-Energy Facility Expansion Project based on the white paper prepared by Lee County staff. From this analysis, we have concluded the following: Expansion of the Lee County Waste-to-Energy Facility to three or four units is both technically and environmentally feasible. Based on projected waste quantities from Lee and Collier Counties, an expansion to four units would be necessary to satisfy the disposal needs of Lee and Collier Counties. Our estimate of Collier County's cost to dispose its ~vaste at an.expanded Lee County Facility is $75 to $95 per ton, which includes Collier's costs to transfer and transport waste to the Facility. and to backhaul and dispose of ash residue. However, these are not the only costs. There are other costs not identified, such as disposal of non-processible waste. Our estimate of these costs is only a starting point. Actual costs and ultimate arrangement will be the result of negotiations based on public and political acceptance factors. Based on processible waste projections for Collier and Lee Counties, an expansion of the Lee County Facility to four units would provide sufficient disposal capacity for a period of only one to t~vo years after its completion, assuming completion in 2004. After this period, it is likely that the processible waste generated from within Lee, Hendry, and Collier Counties would exceed the throughput capacity of the expanded Facility. Thus if Collier County selects this option, and given the timing involved in implementing additional waste disposal options, Collier County may have to begin planning for disposal of this excess waste even before the expansion is completed. 8-I A comparison of the estimated cost of the Lee County Waste-to-Energy option to estimates of other disposal options available to Collier County is given in Table 8-1. Each option is discussed briefly in Section 4 of this report. Table 8-!, Summary of Estimated Costs of Collier County. Disposal' Options Continued Use of Existing L~dfills New Landfill in Collier County Contracted Haul and Dispose Elsewhere Lee County WTE Expansion $75 to $95 Collier County WTE Facility $85 to $110 $17++ $30 to S50 $40 to $55 o Based on these cost estimates given in Table 8-1, it appears that continued use of Collier County's existing landfills is the most cost-effective waste disposal option, although we note that the $17 per ton given represents only landfill operating fees and construction costs for a new cell. There are other costs that must be included in the cost-per-ton estimate, such as remaining debt service, repairs, and closure costs for these landfills. While these additional costs cannot be quantified at this time, it is our engineering judgement that this disposal option would still be the most cost- effective for Collier County. Aside from a comparison of costs, there are other non-monetary factors that must be considered when selecting the appropriate option for Collier County's waste disposal. Such factors include technical and regulatory feasibility, time required to complete the project, the degree of control that Collier County will have in the project, and public and political acceptance. The "best" disposal option for 'Collier County will be determined by an analysis that considers these factors in addition to the cost. 8-2 DRAFT PRELIMINARY EVALUATION .,-~N~ PROPOSAL LEE-COLLIER COUNTY WTE FACILITY EXPANSION Collier Count)' has approached Lee Count3' concerning the potential of a combined regional solid waste disposal arrangement that would use the Lee County Waste-to- Energy (WTE) Facility as the primary solid waste disposal facility for Lee, Hendry. and Collier Cotmiles. Th/s paper is intended to idenfif3' and discuss some of the issues that w/11 need to be resolved as part of a Lee County- Collier County agreement, and to outline options for an agreement between the two counties. Lee, Hendry and Collier Count3,' Boards MlI need to proxSde policy gu/dance before more detailed/nvestigat/ons are conducted. ISSUES 1. POLICY DIRECTION : Policy d/rections from the County Commissions of Lee and Collier Counties are needed to init/me a .thorough investigation of the proposed regional solid waste disposal arrangement. Lee and Collier County staffs have had in/tial discussions on a conceptual basis, and the followqng proposed options have been pro-pared as the begtinning point for an agreement. However, we recogn/ze that direction is needed from the respective Board's conce,--mng their Mtlingness to consider such an arrangement. 2. SOLID WASTE FLOW CONTROL Prediction and control of solid waste flows from a murdcipality or county are cr/tical to the successful development ofa re~onal solid waste d/sposal facility. This establishes the size of the facilities needed for disposal, and the mount of revenue that is comm/tted to the solid waste enterprise system. Since the Carbone decision by the Supreme Court, controlling the flow of solid waste has been based on physical and contractual control of the waste collection process instead of leg/slat/ve actions. Financial inst/mtions have insisted that flow control issues be resolved as part of any new bond issues. A. Franchised or Self-performed Hauling Counties and Mumcipalities can control the delivery of solid ~vaste by collecting the solid waste directly, or franchis/rig the collection of solid waste through contracts Mth pr/vate haulers. Both cotmiles and the major mun/cipalit/es w/thin the two counties have direct solid waste collection, or contractual franckrise agreements, which allow the direction of solid waste to a specific disposal facility, B. Interlocal Agreements Collier County' and municipalit/es w/thin the two counties that depend on the counties for solid waste disposal capacity w/I1 need to comm/t to long term 10 year interlocal agreements to assure that they continue to deliver solid ;v~te or pay for the committed capacity. Alternatively, the murdcipal/ties u,511 have to take responsibility for their own 1 solid waste disposal needs, including establishing necessary contracts and meeting concLu'rency requirements. Lee County has short term interlocal agreements with four of our five municipal/ties. The municipalities have paid assessments or taxes for their share of the existing 1200 TPD capacity. Lee County intends to continue supplying the municipalities current share of the Facility capacity, but we will need extensions of those interlocal agreements for at least 10 years to commit additional capacity for the cities' future needs. If some of the cities/towns opt to contract their solid waste disposal to a third party, there will be less need to expand the WTE Facility. C. Economic Flow Control Lee County has adopted "Economic Flow Control" as the practical method ofassur/ng the disposal of solid waste at the WTE Facility. Our tipping fee of $ 50.00 per ton is competitive with other disposal options such as transfer trucks to regional landfills. This requires the County to use assessments or taxes to collea the remaining $ 26.75/ton fixed costs oft. he facility operation. Lee County is considering methods to reduce the tipping fee further to assure that it is competitiv~ ahd to obtain extensions of the interlocal a~eements with the municipalities. 3. WASTE TO ENERGY FACILITY EXPANSION CAPABILITY Lee CounW is now working on a Master Plan Update to determine the need and methods for expanding our solid waste disposal capacity. The Lee-Hendry County waste ,/olume is already above the maximum annual guarantee for the plant, 372,000 tons. Some solid waste will be b,vpassed to the landfill during the current peak season. The County will need to add some ,type of additional disposal capacity w/thin the next three to five years to accommodate all of the solid waste in Lee County. The third'W-rE unit will be ne:ded for Lee County solid waste, unless some of the municipalities do not participate. The cost of building the third unit w/11 be lower because the facility already has tipping floor, pit storage and other facilities for three umts, which were included in Lee County's cost for the initial plant. The savings from this third unit should be for Lee County's benefit because Lee has already paid for the existing plant infrastructure. If Lee and Collier County share the W'rE plant capacity, the third and fourth units w/11 be needed as soon as they can be built (3-4 years). Lee and Hendry Countys' waste flow is approx. 1200 TPD now and Collier County's waste flow is approx. 800 TPD, on a seven day per week basis. The additional units can be designed for 750 TPD instead of 600 TPD within the same overall plant footprint: With projected growth in Lee and Collier Counties, the four umt WTE plant (2700 TPD total capacity) will provide solid waste disposal capacity for all three counties for approximately ten years. The total site capacity will be 2700 TPD. The or/g/nal Ogden proposal included three units with room for a fourth unit, Although the County chose a two unit plant with expansion for a third unit, the site itself is large enough to accommodate a fourth umt. Some changes in the 2 fourth unit arrangement will be necessary, and the entire siting and permit-ting process will 15ave to be done again, but the four unit plant is feasible. 4. PRELLMINARY PROPOSAL OPTIONS FOR COMB[N]SD WTE FACILITY Development of a reg/onal solid waste disposal facility for Lee/Coltier, q-Iendry Counties will require the cooperation of all three counties, and may be done using several organizational structures. The following options are provided for discussion. Estimated costs are conceptual at this time, and stated in today's dollars. A. Separate Disposal Facilities Lee and Collier County can continue to provide separate solid waste disposal capacity. Lee County's WTE Facility. site will provide ten years capacity with three units (t950 TPD) and more than twenty years capacity. w/th four units (2700 TPD), based on projections of Lee and Hendry, County waste. We also have over forty years landfill capacity for ash from the Lee and Hendry. County. solid waste at the Hendry landfill site. This approach maximizes the time that these disposal facilities will be capable of handling Lee County's needs. Collier County. can proceed w/th current plans for solid waste disposal capacity. in Collier county., contract for disposal services in re~onal landfills or build a separate Waste -to- Ener~ Facility. Contracted disposal will require extensive use of transfer macks over long d/stances. Tipping fees for contracted transfer and landfill disposal outside the county are estimated to be $ 45-55/ton. A separate Waste-to-Energy Facility will be more expensive to build and operate than an expansion of Lee County's WTE Facility. 'B. Short Term Lee-Collier County Interlocal Agreement Lee and Collier County can cooperate through a short term (5 year) interlocal agreement that allows Collier County to use the "excess" capacity that xvill be temporarily available due to the expansion of the Lee County Waste-to-Energy disposal facility to three un./ts. Lee County w/11 build the third unit expansion (750 TPD) as soon as practical (3-4 years) and Collier w/11 be able to dispose of a portion of their solid waste flow (300-500TPD) which is not needed for Lee County waste in the short term. The conceptual cost estimate for the third 750 TPD unit is $ 60-75 million, wh/ch corresponds to a total net disposal cost of $55-70/ton. The disposal capacity will be committed to Lee County, so Lee County will be responsible for the fixed d/sposal facility costs of $10-20/ton. Collier County will pay the same tipping fee as Lee County ($45-50/ton) and will be responsible for their ash disposal. This approach will provide additional time for Collier County to investigate long term solid waste disposal solutions. C. Long Term Lee-Collier County Interlocal Agreement Lee and Collier County can cooperate through a Iong term (10-20 year) interlocal agreement that contractually binds the part/es to use and fund an expanded Lee County Waste-to-Ener~ disposal facility.. Lee County will continue to own, plan, finance, construct and operate the solid waste disposal facilities under a 10-20 year interlocal agreement with Collier County.. Collier County will assure their waste flow under a 3 "Take or Pay" agreement. This agreement will include payment for the fixed disposal cap&ity of the fourth WTE unit through an assessment, capital payment or other method. Collier will pay the same tipping fee as Lee County customers and provide landfill capacity, for their proportion of the ash. The conceptual estimated cost for the fourth 750 TPD WTE unit is $ 80-100 million. This corresponds to a total net cost to Collier County for building and operating a fourth disposal urdt of $ 70-85/ton. The costs will consist of a fixed disposal facility cost of $ 25-35/ton and the uniform tipping fee of $ 45-50/ton. This approach is potentially the easiest method of implementing a combined solid waste disposal system. Lee County will retain authority. for the WTE Facility since it is located within Lee County. Building a fourth WTE unit at Lee County's site is less expensive than building a new WTE facility in Collier County, and it reduces siting and permitting concerns. It also will be substantially less expensive to operate and maintain two additional units than it would be to operate a separate two unit WTE facility in Collier County. These operational savings need to be balanced against the cost for hauling waste to Lee County. D. Inter-County Solid Waste Author/ty Lee, Collier and possibly Hendry Counties will form a Solid Waste Authority, similar to the Government Utility Author/ty, under FS. # I63 or a similar statutory framework. The Solid Waste Authority will be an independent author/ty, with Board members appointed by the various County Commissions based on the "Committed Capacity" of each county. The Committed Capacity is the quantity of disposal capacity in the WTE facility that each county reserves. The entire WTE Facility and WTE site w-ill be sold and transferred from Lee County to the Authority, along w/th the permits and operating contracts. New revenue bonds will need to be issued or the ex/sting bonds will need to be assumed by the Authority for the existing facilities. New bonds will be issued for the expansion of the facility. The cost of the ex/sting facility. is $147 million and the conceptual estimated cost of the expansion for units 3&4 is $130-170 million. Interlocal agreements will be needed between the Authority and Counties to establish the Committed Capacity for each county, to assure the solid waste flow to the facility and to pay the fixed assessment charges and tipping fees, as described in option C above. The estimated total net costs are $ 70-85/ton, wh/ch consists of fixed disposal facility costs of $ 25-35/ton and urdform tipping fees ors 45-50/ton. Either Lee or Collier County may apply available capital reserves to lower their fixed disposal facility costs. This approach will assure a more even sharing of responsibilities and costs by all the counties with/n the Sohd Waste Authority. It will require the Authority to take permanent responsibility for planning and providing solid waste disposal capacity for Lee and Collier Count/es, including responsibility for siting future solid waste facilities within either county. This approach will reduce the amount of Lee County Solid Waste revenue debt, since the debt will be the Author/ty's responsibility. 5. FINANCING ISSUES The organizational structure selected will effect the financing of plant expansions, but should not cause major changes in the financing costs. There were minor increases in the 4 financing costs of the GUA compared to Lee County Utilities, but they were not a major concern. We expect to refinance the existing debt in 2001, with or without additional revenue bonds for a capacity expansion. The revenue bonds may have to be issued earlier if Lee and Collier share the WTE Facility expansion. 6. PERMITTING ISSUqES Any expansion of the WTE Facility w/11 require major permitting efforts, including obtain/ng approval of the Power Plant Siting Board, which consists of the Governor and Cabinet. However, it will be easier to obta/n the expansion of the th/rd unit than the fourth unit. The site was ori~nally considered large enough to accommodate the four units, but we w/tl need to go throu~ the ent/.re permitting process again. The WTE Facility operating exper/ence should help to obtain both local and state approval of an expansion. However, we fully expect opposition from Iocal and state environmental ~oups. Pertaining of a plant expansion should be easier than siting and permitting a "Green Field" site. ' 7. ENGINEERLNG ,a24D CONSTRUCTION ISSUES The expansion of the third unit will use the e,'dsting space for a th/rd parallel unit and the same tipping hall. Ira fourth unit is constructed, it will need to be North of the space for the third un/t. The fourth unit will require expansion of the solid waste stor.age p/t, potential expansion of the tipping hall, relocarion of site roads and stormwater ponds, and rearrangement of the scrubber- baghouse to accommodate the existing ash house. The design w/11 include consideration of open vs. enclosed construction of the scrubber- baghouse and stack. We will recommend eKens/on of the Ogden operations contract to include the additional unit(s). However, we are not obligated to Ogdeh for the Construction of the additional WTE un/ts. We can negotiate or competitively select proposals for the design and construction of these additional facilities. 8. SOLID WASTE RATE ISSUES We recommend that the same solid waste tipping .fees be charged to all parties, except for the required subsidy of the Hendry County tipping fees. Using the same tipping fees for all part/es and keeping those tipping fees competitive will assure that we maintain "Econormc Flow Control". This approach would require that both Lee and Collier County approve assessments or taxes to pay for the remaln/ng fixed disposal facility costs. Alternatively, the counties may use available solid waste reserve funds to pay for fixed disposal facility costs. Each County and municipality will be responsible for establishing their own hauling methods and paying for hauling costs separately. Expansion of the WTE Facility to meet Collier County's needs will be more expensive. than landfill disposal in the short run. However. The WTE Facility offers a long term environmentally acceptable met. hod of stabilizing solid waste disposal costs, except for 5 established escalation rates for operations and maintenance. The WTE Facility, also offeis substantial savings in operational costs compared to contract landfill costs, once the Facility, debt service is retired after 20 years. The WTE Facility is a long term county asset, with an expected life that exceeds thirty years. We hope that this paper provides conceptual guidance on the potential for Lee and Collier counties to share a combined regional solid waste disposal facility. Please contact Larry Johnson or Lindsey Sampson, phone # 479-8181, if you have questions or need additional information. 6 EXECUTIVE SUMMARY APPROVAL OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSENT ORDER REGARDING ODOR EMISSIONS OBJECTIVE: Obtain approval from the Board of County Commissioners of Collier County for Florida Department of Environmental Protection (FDEP) Consent Order, OGC File No. 00-0926- 11-SW, regarding objectionable odors at the Naples Landfill. CONSIDERATION: On January 26, 1998, FDEP inspected the Naples Landfill and found that the site was causing objectionable odors off-site. Since then County staff and the Landfill operator have taken a series of actions to address off, site doors. An Odor Control Plan was submitted on July 20, 1999. To date, those attempts have lessened, but not eliminated, objectionable odors and complaints. The following are milestones that have to be met according to the terms of the Consent Order: 1. Within 120 days the Landfill operator shall implement construction of modifications to the Landfill' Gas Control System in Phase I and II of Cell 6 to abate off-site odors. The modifications will make gas collection more effective and minimize gas buildup and periodic releases. 2. Within 30 days the County shall submit a report addressing wastewater sludge pretreatment procedures and possible disposal options. 3. Within 180 days the Landfill operator and the County shall demonstrate to FDEP's satisfaction that the Landfill's off-site odors has been abated. Upon successful confirmation that off-site odors have been abated, FDEP will publish its Notice of Intent to issue a renewal of the Landfill's Operating Permit. Waste Management, Inc., who is a named respondent, signed and accepted the Consent Order on May 23, 2000. FISCAL IMPACT: The direct fiscal impact of the Consent Order is $1,000 for costs and expenses incurred by FDEP in investigating this matter. The fee will be paid by the Landfill operator. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners' of Collier County approve the attached Consent Order and authorize the Chairman to execute the Consent Order and authorize staff to contract with an independent landfill management/odor control .expert to conduct an independent review of the Naples Landfill. SUBMMITTED BY: ~-------~---.--~-~- ,~ ~ATE: G. George Yilmaz, Ph.D., P.E., P.H, Interim Solid Waste Department Director REVIEW, rED BY: Utilities Administrator //Date/ Date G:/F-xecutive Summades/FDEP Consent Order ' 2 7 20u9 ! ___I BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Complainant, vs] WASTE MANAGEMENT INC. OF FLORIDA AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Respondents. IN THE OFFICE OF THE SOUTH DISTRICT OGC FILE NO. 00-0926-11-SW CONSENT ORDER This Consent Order is entered into among the State of Florida Department of Environmental Protection ("Department") and Waste Management Inc. of Florida and the Collier County Board of County Commissioners (hereinafter "Respondent WMI", · "Respondent CCBCC;' respectively, or "Respondents" when referred to collectively) to reach settlement. of certain matters at issue between the Department and Respondents The Department finds and Respondents neither admit nor deny the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to administer and enforce the provisions of Chapter 403, Florida Statutes, and the rules promulgated thereunder, Title 62, Florida Administrative Code. The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondents are persons within the meaning of Section 403.031(5), Florida Statutes. Respondent CCBCC is also a political subdivision within the state of Florida. I JUN 2 7 3. Respondent CCBCC is the owner of a Class I Landfill known as the Naples Landfill (hereinafter "facility") located at 3750 White Lake Boulevard in Collier County, Latitude 260 09' 20" N, Longitude 810 39' 30" W, Section 36, Township 49S, Range 26E. Respondent WMI operates the facility under Department permit No. SO11-228415 which expired on October 26, 1998. Respondent WMI timely submitted an application (0064489-001 on August 26, 1998 to renew the operation permit. 4. On January 26, 1998 the Department inspected the facility as the result of a complaint alleging the facility was causing objectionable odors off-site. The complaint was found to be valid. Since the January 26, 1998 inspection, there have been several meetings between the Department and the Respondents and a series of actions have been taken by the Respondents to address the off-site odors. However, Department inspections have indicated that actions taken to date have not satisfactorily abated off-site odors, which violates Florida Administrative Code (F.A.C.) Rules 62-701.500(9) and 62-701.400(10)(a). 5. At the Department's request, and on their own initiative, Respondents have taken steps to control off-site objectionable odors originating.from the facility. To date, these attempts have lessened but not completely eliminated objectionable odors and complaints. Respondents have continued to assess the facility's conditions, in order to further reduce the potential for off-site odors and complaints. 6. Permit Application No. 0064489-001 has not been issued as the Respondents have not completed all tasks within the Odor Control Plan submitted July 20, 1999. To date, seven (7) "waivers of the 90 day time limit" (waiver), have been granted to Respondent WMI under The latest waiver will expire Sections 120.60(2) and 403.0876, Florida Statutes (F.S.). January 31, 2001. 2 J U N 2 v 7. Having reached a resolution of the matter Department and the Respondents mutually agree and it is, ORDERED: 8. Respondents shall comply with the following corrective actions within the stated time periods: 9. Within one hundred twenty (120) days of the effective date of this order, Respondent WMI shall submit the necessary documentation to FDEP and implement construction of modifications to the existing landfill gas (LFG) control system in Phases I and II of Cell 6, in an effort to abate off-site nuisance odors. The modifications shall result in effective LFG collection and thus shall minimize localized gas (build up beneath the liner) within Phases I and II. Respondent WMI shall submit to the Department an application for a permit modification to Title V Permit No. 0210051-003-AV. The application will incorporate the proposed modifications to the gas control system. 10. Within thirty. (30) days of the effective date of this order. Respondent CCBCC shall submit a report to the Department addressing other possible pretreatrnent, disposal and/or recycling options for wastewater treatment plant sludge currently disposed within the lined landf 'ill. 11. Concurrent with the installation of the LFG wells in Phase III of Cell 6 but no later than one hundred eighty (180) days of the effective date of this order, Respondent WMI shall investigate the current disposal area and provide assurances to the Department that the vertical flow of leachate to the lateral leachate collection system is not being disrupted. If an impermeable layer(s) is discovered (precursor to perched layers) a plan to alleviate this condition shall be submitted to the Department within thirty (30) days of discovery.. ... 12 By December 1, 2000 Respondents shall demonstrate to the Department's satisfaction that the facility's off-site objectionable odor problem has been abatecl. Measurable as well as subjective data from the Respondents' odor monitoring program will be used for this demonstration, with the acceptable value(s) for off-site monitoring data to be determined by the Department. However, Respondents may submit comments on this determination. Upon successful confirmation that the off-site odors have been abated, the Department will publish its notice of intent to issue a permit in response to Permit Application No. 0064489-001. 13. If the odor control plan fails to abate the off-site objectionable odors, Respondents shall submit a contingency plan for the disposal of solid waste within (90) days. 14. Within thirty (30) days of the effective date of this Consent Order, Respondents shall pay the Department $1,000 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Payment shall be made by cashier's Check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". 15. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must also.be mailed at the time of filing 4 JU~ 97 /st~ to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by the Consent Order: (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order: (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it. in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention 5 will only be at the approval of the presi~ng officer upon motion filed pursuant to Rule 28- 106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating 'party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a Specified time; (c) The agreed allocation of the costs and' fees associated with the mediation; 6 (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by rcference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate .will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will sp_eci_,~. the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 16. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 17. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161 (1)(b), Florida Statutes. 18. If the odor control plan fails to abate the off-site objectionable Odors, Respondents shall submit a contingency plan for the disposal of solid waste within (90) days. 19. Respondents are fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per Violation and criminal penalties. 20. Respondents shall allow all authorized representatives of the Department access to the property and facility at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 21. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, South District Office, P.O. Box 2549, Ft. Myers, Florida 33902-2549. 22. The Department hereby expressly reserves the right to initiate appropriate legal 8 action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 23. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. 24. In the event of a sale or conveyance of the facility or of the property upon which the faciliw is located, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property or facility, (1) notify the Department of such sale or conveyance, (2) provide the name and address of the purchaser, or operator, or person(s) in control of the facility, and (3) provide a copy of this Consent Order'with all attachments to the new owner. The sale or conveyance of the facility, or the property upon which the facility is located shall not relieve the Respondent of the obligations imposed in this Consent Order. 25. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. 26. Respondent shall use all reasonable efforts to obtain any necessary access for work to be performed in the implementation of this Consent Order. If necessary access cannot be obtained, or if obtained, is revoked by owners or entities controlling access to the properties to' which access is necessary, Respondent shall notify the Department within (5) business days of 9 such refusal or revocation. The Department may at any time seek to obtain access as is necessary to implement the terms of this Consent Order. The Respondent shall reimburse the Department for any damages, costs, or expenses, including expert and attorneys fees, that the Department is ordered to pay, or that the Department incurs in connection with its efforts to obtain access as is necessary to implement the' terms of this Consent Order. Respondent shall pay these sums to the Department or arrange a payment schedule with the Department within 30 days of written demand by the Department. 27. This Consent Order is a final order of the Department pursuant to Section 120.52(7), 'Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be lO effective until. further order of the Department. DATE ATT~ ST: DWIGHT E, BROCK, FOR THE RESPONDENTS: .~- ., G. Randall Holcomb, Vice President Waste Management, Inc. of Florida DATE Amproved ~orm & ~ega2 mxffioienoy ~t Count) Ai~) DONE AND ORDERED ~his in Fort Myers, .Florida. Timothy J. Constantine Collier County Board of County Commissioners day of .2000, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Richard W. Cantrell Director of District Management FILING AND ACICNOWLEDGEMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk RWC/BK/vo Copies furnished to: Larry Morgan · 11 Date ,IUN ? 7 2C 13 [ EXECUTIVE SlIMMARY REQUEST AUTHORIZATION TO PURCHASE A SHERMAN TANK TO BE DISPLAYED AS A PERMANENT MEMORIAL AT THE COLLIER COUNTY MUSEUM TO COMMEMORATE THE VALOR AND SACRIFICE OF VETERANS WHO SERVED IN WORLD WAR II. OBJECTIVE: To obtain Board authorization to purchase one Sherman Tank for permanent display on the grounds of the County's Museum as a memorial to the valor and sacrifice of the men and women who served in the Armed Forces of the United States during World War II. CONSIDERATIONS: The Friends of the Museum have obta_ined a right of first refusal to purchase one beautifully restored Sherman tank. Collier County can exercise this right of first refusal. This Sherman is in a private collection in Indiana and is available for purchase through a broker in Ohio. This particular tank is the only Sherman available for purchase. The County will receive and retain title to this tank. A decision by the Board is time-critical because another museum is interested in purchasing this particular tank and the seller will not hold the right of first refusal indefinitely. A black and white picture of this Sherman is enclosed. This is a beautiful example of this very famous and beloved tank. It is in excellent, restored condition on the outside. Restoration is not total in the interior, but is wholly satisfactory for the needs of the Museum. If the County purchases this Sheraton, the Friends of the Museum have agreed, by means of the enclosed written agreement, to reimburse the County for the purchase price over the next ten (10) years provided The Friends of the Collier County Musetun are able to raise contributions to make the reimbursement payments. The Friends have also agreed to use their best efforts to raise those funds through contn'butions. FISCAL IMPACT: This Sherman has a purchase price of $48,500 plus shipping costs of an additional $4,000, including insurance during shipment. Sufficient funds are available in the County's General Fund Account. G-'9.OWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: In cooperation with The Friends of the Collier County Museum, it is recommended that the Board of County Commissioners ~a~.~c~_~:,,tOA. staff to purchase one restored Sherman tank to be ,displayed at tht C~.~" JJ"3';~ 2 7 2000 ................. / Pg ..... County Museum as a permanent memorial to the valor and sacrifice of the men and women who served during World War II. SUBMITTED BY: RoC,~__~mro, Museum Director TI~ROUGH: REVIEWED BY: DATE: (.~.oo Jr., Purervices Administrator DATE: Thomas W. Olliff, County Manager No. '~ ~) (-I) j~;;~ '~ 7 ~ FRIENDS · oF · THe- · COLLIER · COUNTY + MUSEUM P.O. Box 2181 · Naples, Florida 34102 · (941) 774-8476 June 23, 2000 Board of County Commissioners Collier County, Florida RE: Purchase of Sherman Tank Dear Commissioners: The Friends of the Collier County Museum have obtained what effectively operates as a "right of first refusal" to purchase a beautifully restored Sherman tank for the price of $48,500. The Sherman is without doubt the best known tank ever used by the Armed Forces of the United States. Many veterans believe that the Sherman was an essential weapon that enabled the United States and its allies to win World War H. The Sherman was used extensively in the African, European and the Pacific theatres of World War H. If the Board of County Commissioners will purchase this particular Sherman, The Friends of the Museum agree to use their best efforts to collect voluntary contributions and to repay to the County from those funds over the next ten (10) years, the full purchase price of $48,500. The Friemts believe this particular Sherman to be a mdy excellent example of this famous tank and believe this Sherman will make an exceptionally fine item to be displayed permanently at the Collier County Museum to commemorate the valor and sacrifice of the men and women who served in the Armed Forces of the United States during World War II. Sincerely and cordially, M~a Elia, President Friends of the Collier County Museum P.O. Box 2181 Naples, FL 34106 J',; ;I 2 7 OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on May 7, 20001, representing The Conservancy. CONSIDERATIONS: This 14 member ad hoc committee (names ofvoiunteers to serve on the committee by Fred N. Thomas, Jr.) was established by Resolution No. 96-225 for a period of 1 year or less to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staff who will initiate activities to demuck and restore Lake TraiTor& Resolution No. 97-250 extended the terms for 1 year to May 7, 1998; Resolution No. 98-118 extended the terms for 1 year to May 7, 1999; Resolution No. 99-239 extended the terms for 1 year to May 7, 2000; Resolution No. 2000-127 extended the terms for 1 year to May 7, 2001. A list of the current membership is included in the backup. COMMITTEE RECOMMENDATION: Nicole Ryan, Environmental Policy Specialist A letter dated May 31, 2000 was received from Clarence S. Tears, Jr., advising Sat on May 26, 2000 the task force met and unanimously recommended that Nicole Ryan, Environmental Policy Specialist for The Conservancy be appointed to fulfill the remainder of Michael Simonik's term. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and, if appointed, direct the County Attorney to prepare a resolution confuming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 27, 2000 ITEM ? 2000 ._. ~O S._O ,,UTH FLORIDA WATER MANAGEMENT DISTraCT BIG CYPRESS BASIN 6089 Janes Lane, Naples, FL 34109 (941) 597-1505 · Suncom 721-7920 · Fax (941) 597-4987 · www.sfwmd.gov/organ/2_bcb.html C-9114 2000 May 31,2000 E~&t~ti of Coun%,¥ Commiss!oner~ Sue Filson Administrative Assistant Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Subject: Michael Simonik's Resignation From the Lake Trafford Task Force Dear Ms Filson: On May 26, 2000 the Lake Trafford Task Force held a meeting and one of the agenda items discussed was Michael Simonik's resignation. Mr. Simonik suggested the Task Force consider Nicole Ryan, Environmental Policy Specialist, of the Conservancy of Southwest Florida, as his replacement. The Task Force unanimously supported his recommendation and requested that I convey their support of Nicole Ryan to the Collier County Commissioners. Please consider this as a formal request to the Board of Collier County Commissioners to replace Michael Simonik with Nicole Ryan. Should you require additional information or clarification, please do not hesitate to contact me. Director Big Cypress Basin CST/dg Fred Thomas George Yilmaz GOVERN/NG BOARD EXECIITIVE OFFICE VICE CENTER Trudi K. Williams, C~/rperson, Ex 0ffic/o-Ft. Myers Fred N. Thomas, Jr. - Immokalee Mary Ellen Hawkira - Nap/es Garrett s. Richte~ - Nap/es Patricia Carroll - Nap/es JoAnn Smallwood - Nap~ Frank R. Finch, EE., Ear, cut/re Director James E. BlounL Osief of Staff Clarence S. Tears, Jr., D/rector DISTR/CT HEADQUARTERS: 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, FL 3,3416-4680 · (561) 686-8800 · FL WA~S 1-800.432-2045 Lake Trafford Restoration Ad Hoc Task Force Eric Flaig 2688 State Road 29 North Immokalee, FL 34142 Distri~: Category: Ed Carlson 375 Sanctuary Road Naples, FL 34120 District: Category: Gene Heam 6515 Pepper Road lmmokalee, FL 34142 District: Category: John M. Iglehart 2295 Victoria Avenue Ft. Myers, FL 33901 District: Category: Barbara B, Berry 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Frank Morello 8335 N. Lake Boulevard West Palm Beach, FL 33412 District: Category: Friday, Jutit 09, 2000 Work Phone Appt'd Exp. Date Home Phone DateRe-appt2ndF_arpDate 658-3400 05/20/97 05/07/98 5/02/00 05/07/01 657-9472 05/07/96 05/07/97 5/02/00 05/07/01 657-6517 05/07/96 05/07/97 05/02/00 05/07/01 332-6975 05/07/96 05/07/97 05/02/00 05/07/01 774-8097 05/20/97 05/07/98 05/02/00 05/07/01 625-5122 05/07/96 05/07/97 05/02/00 05/07/01 P~g~ 1 of 3 2nd Term 1 Year I Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year I Year 1 Year Lake Trafford Restoration Ad Hoc Task Force S~ Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 District: Category: 657-2401 06/20/97 05/07/98 05/02/00 05/07/01 1 Year I Year Clarence Tears 6167 Janes Lane Naples, FL 34109 District: Category: 597-1505 05/20/97 05/07/98 1 Year 05/02/00 05/07/01 1 Year Pain Brown P.O. Box 5155 lmmokalee, FL 34142 District: Category: 657-1752 05/05/98 05/07/99 1 Year 05/02/00 05/07/01 1 Year Miles "Rocky" Scofield 3 584-B Exchange Avenue Naples, FL 34104 District: Category: Michael Simonik 1450 Merrihue Drive Naples, FL '34102 District: Category: 643-1900 05/07/96 05/07/97 05/02/00 05/07/01 262-0304 05/07/96 05/07/97 05/02/00 05/07/01 1 Year 1 Year ' 1 Year 1 Year- Jackie Smith 3111-B 13 Fortune Way Wellington, FL 33414 District: Category: 791-4720 05/07/96 05/07/97 1 Year 05/02/00 05/07/01 1 Year Fr&h~, June 09, 2000 Pt~e 2 of $ Lake Trafford Restoration Ad Hoc Task Force Nat,tie Fred N. Thomas, Jr. c/o1800 Farm Worker Way lmmokalee, FL 34142 Di. m4ct: Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 657-3649 05/07/96 05/07/97 1 Year 05/01/00 05/07/01 1 Year This 14 member task force was established for a 1 year period on May 7, 1996, by Resolution No. 96-225 to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staff who will initiate activities to demuck and restore Lake Trafford. Resolution No. 97-250 - extending terms for 1 year to May 7, 1998; Resolution No. 98-118 - extending terms for 1 year to May 7, 1999; Resolution No. 99-239 - extending terms for 1 year to May 7, 2000 FL STAT: Staff: Dr. George Yilmaz, Pollution Control & Prevention: 732-2502 AGENDA ITEM, Friday, June 09, 2000 Page 3 of 3 EXECUTIVE SUMMARY REPORT. ON THE COMPOSITION OF THE OVERSIGHT COMMITTEES RURAL ASSESSMENT OBJECTIVE: The objective of this executive summary is to report to the Board on the professional and interest group affiliations of the current appointments to the Rural Lands Area Assessment Oversight Committee (a.ka. The Berry Committee) and the Rural Fringe Area Assessment Oversight Committee (a.ka The Fringe Committee). CONSIDERATIONS: On August 3, 1999, the BCC endorsed a bifurcated process for accomplishing the Rural Area Assessment. On September 14, 1999, the Board appointed 15 members to the Berry Committee, and 10 members to the Rural Fringe Committee. Attached is a copy of the Executive Summary prepared by staff relating to these appointments~ On September 14, 1999, as a part of the Board's deliberation to appoint members to these committees, Ramiro Manalich, Chief Assistant County Attorney, presented his findings with respect to the applicability of statutory "conflict of issues" regulations (see attached memo from Ramiro Manalich). The Board received 24 applications for appointment to the Rural Fringe Committee and 30 applications for appointment to the Berry Committee. The current membership of these committees is as follows: Rural Fringe Committee Committee Member Employer Position Profession/Interest Area 1. Ty Agoston* N/A Retired Citizen-at-Large 2. Tom Conrecode, WCI, Inc. Executive Vice Pres.Development Consultant P.E 3. David Ellis Collier Building IndustryExecutive Vice Pres.Building Industry Org. Association 4. David Guggenheim, The Conservancy of Pres. & CEO Environmental Org. Southwest Florida Ph.D.** ~ 5. Gary Hayes ~Self Employed Owner South Fl. Plumbing Contractor Plumbing 6. Dawn Jantsch, Naples Area Chamber ofPresident Business Org. CA.E. Commerce 7. Michael D. Lehn Sun Trust Bank Exec. Vice Pres.Financial Institution 8. Patrick K. Miller Gulf Coast NationalSenior Vice Pres.Financial Institution Bank 9 Chuck Molke Self-employed Frazier,Consultant Citizen-at-Large Mohlke & Associates 10. Ray Pelletier Self-employed Ray'sOwner/Operator Citizen-at-Large Lawn & Garden ~ *Mr. Agoston was appointed by :he board on May 2, 2000 to fill seat vacated by Fay Biles, Ph.D. **Dr. Guggenheim has recently resigned from the committee. JUN 7 2000 Berry Committee Committee Member Employer Position Profession/Interest Area 1. Vacant* 2. Floyd Crews Self-Employed N/A Citizen-at-Large 3. David E. Guggenheim,The Conservancy of Pres. & CEO Environmental Org. Ph.D.** Southwest Florida 4. Ron Hamel Gulf Citrus Growers Executive DirectorAgricultural Industry Org. Assn. Inc. 5. Rodney D. Harvey Realtor, Naples RealtyRealtor Naples Area Board of Services, Inc. Realtors 6. Dawn Jantsch, C.A.ENaples Area Chamber ofPresident Business Org. Commerce 7. Andrew MacKie National Audubon Assistant ManagerEnvironmental Org. Society (Corkscrew Conservation's lands Swamp Sanctuary Manager 8. Ann Oles~' Self-Employed Marina OperatorCitizen-at-Large 9. Jim Rideout Retired N/A Citizen-at-Large 10. David Santee Farm Bureau Manager Government Org. 11. Richard J. Smith Self-Employed/AttorneyN/A Citizen-at-Large 12. Nino J. Spagna, Ph.D.Self-employed N/A Commum~ Planrang /Consultant 13. Fred Thomas, Jr. Collier County HousingExecutive DirectorGovernment Housing Authority Agency 14. Soma ~uten Self-Employed N/A Citizen-at-Large 15. Vacant* ** *Seat vacated by Mr. Richard Bothoff, Retired Banker. ** Dr. Guggenheim has recently resigned from the Committee. *** Seat vacated by removal of Wes Wilkens. The respective resolutions establishing these committees do not specifically require that seats be filled from respective areas of interest though both resolutions refer to the intention that the process be "collaborative and community-based, with full and broad public participation." Staff requested that Nancy Linnan of the law firm Carlton, Fields, et al. review this issue and provide staff with her recommendations. Attached to this Executive Summary is a memo from attorney Linnan offering her opinion and recommendations. In summary, Attorney Linnan highlights the importance of maintaining balance on the Committees and suggests in order to maintain or enhance balance, the Commission appoint candidates based on areas of experience. For example, if a vacancy occurs due to the resignation of a citizen-at-large, then the Commission should attempt to fill the vacancy with a citizen-at- large. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: The committees referenced herein were established to work with staff and private consultants in an oversight capacity during the Rural Assessment. At the culmination of the Assessment, whether in its entirety or in phases, comprehensive plan amendments will be developed to address the deficiencies in the County's 1997 Evaluation and Appraisal (EAR) based amendments as identified in the Final Order Issued by the Administration Commission on June 22, 1999. No. JUN g 7 2000 RECOMMENDATION: In accordance with the Final Order, the Rural Area Assessment "must be a collaborative, community-based effort with full and broad-based public participation." The Final Order further states that "... participation must be wide in scope with broad community input. State and regional agencies are hereby directed to participate and assist in the effort. The County shall ensure community input through workshops, public opinion surveys and committees as necessary to undertake various tasks in the study." The cross-section of representation from interest groups such as the banking industry, the development & construction industry, the real estate industry, the chamber of commerce, environmental groups, and the public-at-large could be strengthened. This can be accomplished by replacing members with experience similar to the person creating a vacancy. For example, in filling the vacancy created by the resignation of Dr. Guggenheim, staff recommends that priority be given to applicants with ecology, hydrology, biology or other similar science backgrounds. PREPARED BY obert~P Date: ~ -/"-t' , Director P~nning Services Department APPROVED BY: '~f~ ,~//' ~~ Date: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division NO. ~ JUN 8 7 2000 ,? MEMORANDUM To: From Re: Date: Marjori¢ Student Nancy Linnan Composition of Oversi~ht Committees June 2, 2000 VIA E-MAIL You have asked that I review the Final Order and make recommendations as to ho~ the Board would go about filling vacancies on either the Rural Lands or ihe Rural Fringe Committees. I went back through the files and gathered some information from Bob Mulhere. My understand/ng is that, in August of 1999, the Board endorsed a bifurcated process to accomplish the Rural Area Assessment. On September 14, 1999, the Board appointed 15 members to the Rural Lands Committee (the Berry Committee) and 10 members to the Rural Fringe Committee. The resolutions establishing these committees do not specifically requ/a'e that seats be filled from specific areas of interest, although both resolutions refer to the' intention that the process be "collaborative and community based, with fall mid broad public participation." This lm~guage comes directly from the June 22, 1999 Administration Commission.Final Order. it further states that "...participation must be wide in scope with broad community input. State and regional agencies are hereby directed to participate and assist in the effort. The County shall ensure community input through work-~hops, public opinion surveys, and committees as necessary to undertake various tasks in the study." JUN 2 7 2000 It seems to me that the County could approach the vacancies in either of two ways. One, it could seek to pat people on the committees from various organizations. For examplc, you could put on a representative of an ag-ficulOn'al industry organization and, at the same lime, pat on a representative ~rom an environmental orgarEzation. In looking at the makeup of the committees, it appears that may have been the premise for the original appointments. Fr~m.kty, I prefer the second approach, which is to seek areas of expertise, as opposed to people representing organizations. Since all organizations would be arguably interested mad could participate at public meetings, workshops, etc., I tl'dnk it would be very helpful to have members of the committee who bring something to the table but in terms of their training, experience, analytical abilities, etc. For example, I note that on the Rural Fringe Committee there are at least 2 individuals that have financial expertise because they are senior vice presidents of financial institutions. I also note that you have a few with expertise in various aspects of the construction industry. I think it would be helpful for purposes of deliberations and analysis to have m~rnbers with a background in the sciences so those persons would assist the Committee in understanding much of the technical data they will hear. I have seen too many times where a lawyer, a planner, an engineer and a biologist hear the very same information but process it quite differently. It would be helpful to have different backgrounds represented on the Committee so Committee discussions - and the end product - will have the benefit of that diversity of processing and understanding. The same applies to the Berry Committee. In stunmary, the Commission could either appoint representatives organizations or, instead, could appoint individuals with special expertise. My 2 TAL~512139.01 t,/£' d of the various ~'on~ r~reference NO. ~ JUN is that we need individuals with science in their backgromads in order to assist us in evaluating the information we will shortly be receiving. Your next question will no doubt be "what sciences?" Given the nature of most of the data that we will hear,, I would propose that individuals with. backgrounds in biology, hydrology or ecology would be the most helpful. cc: Bob Mulhere via e-mail 3 MEMORANDUM To.' Commissioner Pamela S. Mac'Kie, Chairwoman, District ~ Commissioner Timothy J. Constantine, Vice-Chairman, District #3 Commissioner James D. Carter, Ph.D., District #2 · Commissioner Barbara B. Berry, District #5 Commissioner John C. Norris, District #1 From: Ramiro Mafialich, Chief Assistant County Attorney Through: David C. Weigel, County Attorney Date: September 14, 1999 Re: September 14, 1999 Agenda Item No. 8(A)(1) - Appointment of Members to the Rural Area Assessment Oversight Committees and Discussion of the Completion Schedule for the Rural Area Assessment This Memorandum is provided, at staffs request, to clarify Florida Ethics Code considerations with respect to appointments to the committees established for completion of the rural area assessment required by the final order of the Administration Commission. At the outset, it should be emphasized that the work of these committees will involve very specific and significant issues, which will directly impact economic and philosophical concerns regarding future land uses and the Comprehensive Plan in Collier County. Consequently, it is the view of the County Attorney's Office that caution should be exercised in appointing members to the committees in order to avoid the appearance or reality of any conflicts with regard to individual members of the committees and the ultimate work product and recommendations of the committees. There are two primary Florida Ethics Code sections which should be considered in making these appointments. Section 112.3143(4), Florida Statutes, prohibits appointed public officers (including persons serving on advisory bodies) from' participating in or voting on any matter which would inure to the officer's special private gain or loss or which would inure to the special private gain or loss of any principal, relative or business associate of the public officer.~ This section of the statute is a prohibition against voting conflicts. ; Section 112.3143(4), Florida Statutes, does allow a public officer to participate but' not Vote provided that appropriate disclosure requirements outlined in that .section 9f the s,mtut¢ are foll~ wed AGE ND~,,i~X officer. .o.._.z._,_.,_.,_~Od -continued- JUN g 7 2000 ?__ ~n il Ilmtter - September 14, 1999 Page 2 The other important section of the Ethics Code which must be considered in these appointments is Section 112.313(7)(a), Florida Statutes. This section prohibits public officers (including persons serving on advisory bodies) from having conflicting employment or contractual relationships. The statute prohibits such conflicting relationships where: the public officer has an employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee; the officer would have a continuing or frequently recurring conflict between private interests and the performance of public duties; the officer's employment or contractual relationships would impede the full and faithful discharge of his or her public duties. (Emphasis added). As indicated in the Executive Summary, the above mentioned statutory provisions were considered and advice was sought informally from Ethics Commission legal staff in regard to this agenda item. On page two of the Executive Summary, the staff has set forth three bullet points with recommendations for criteria to be followed by the Board in making appointments to the committees. The County Attomey's Office agrees that these criteria are advisable in order to avoid problems for the committees under Sections 112.3143(4) and 112.313(7)(a), Florida Statutes. The County Attorney's office would also add to these criteria the following: 1. No paid staff members, employees or advocates for any entity or organization should be appointed if it can reasonably be found that such person is being paid privately for the same subject matter over which the person, as a member of the committees, will be exercising recommendation and decision functions. 2. Regarding staffs bullet point No. 1 in the Executive Summary, even if a property owner owns less than 1% of the property within the assessment area, said property owner should not be appointed if it can reasonably be said that the property owner will be "uniquely affected" by any recommendations or decisions. For example, if the property owner has distinctly more ownership in the area (although less than 1% of the total area) compared to all the other owners in the area. 3. If an applicant is a compensated member of an entity which has litigation with the County regarding subjects overlapping with the committees' functions or if an individual named plaintiff in such litigation will have special private gain or loss resulting from the litigation, such an applicant should not be appointed. 4. Contrary to staffs recommendation, the County Attorney's Office does not advise that paid representatives of state and regional agencies be appointed to the committees. The reason for this is that, pursuant to Section 112.313(7)(a), the members of such agencies may have conflicts stemming from the state's substantial ownership of lands in these areas as well as the state's interests in the subject matter of the committees' recommendations and decisions. A reasonable question and concern which may arise from application of the advice which is provided with regard to these ap No.~ / np.uz~ Pg. ~ ~,~- __. __ ' September 14, 1999 Page 3 interested and expert parties may be lost in the process. The response to this inquiry is that nothing in the Ethics Code prohibits the committees from using expert witnesses and having full public participation input (including presentations from those having philosophical as well as economic interests) to assist the work of the committees consistent with the Administration Commission's directlye for a "collaborative, community-based effort with full and broad-based public participation." In closing, it should be observed that Section 112.313(12) creates an exemption regarding the conflict requirements of Section 112.313(7)(a) if the Board finds by a two- thirds vote that there has been a full disclosure of the conflicting transaction or relationship by the individual sought to be appointed. In addition, Section 112.313(7)(b) provides that "this subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance." However, the County Attorney's Office does not advise the Board to rely upon these statutory exceptions because there could still be Section 112.3143(4) voting conflicts impairing the individual's duty to perform on the committees and the individual's membership and the committees' actions could be tainted by allegations of conflict. Respectfully submitted, RM:gb CC: Robert F. Fernandez, County Administrator Robert Mulhere, Planning Services Director Vince Cautero, Community & Environmental Services Administrator h:RMWlemos\1999~.,C-ApptMernbers-RuralAreaAssesCom JUN 2 ? Z000 _ Pg. q ,, RESOLUTION NO. 99-364-A A RESOLUTION APPOINTING MEMBERS TO TI:IE RURAL LANDS ASSESSMENT AREA OVERSIGIIT COMMrIWEE WHEREAS, Collier County is required by the State of Florida Administration Commission, pursuant to the Final Order of Case No. AC-99-02, to conduct an assessment of the rural and agricultural area of the County, including all lands designated Agricultural/Rural, the Big Cypress Area of Critical State Concern, all 'conservation lands outside the Coumy's Urban Boundary, and Southern Golden Gate Estates; and WHEREAS, the Final Order states that the assessment shall be a collaborative, community based effort with full and broad public participation; and WHEREAS, the Final Order encourages the County to consider the appropriateness of undertaking the assessment in phases designed to address short-term as well as long-term community needs and geographical differences; and WHEREAS, on August 3, 1999, the Board concluded that it would create a citizens committee to conduct an analysis of the Rural Assessment area and to oversee the assessment and development of comprehensive plan .amendments for the Rural Assessment area in a separate process from that of the rural fringe area. NOW, THEREFORE, BE IT RESOL%qED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby appointed to the Rural Lands Assessment ,,M'ea Oversight Committee: Richard Bothoff Floyd Crews David E Guggenheim, Ph.D. Ron Hamel Rodney D Harvey Dawn Jantsch, C.A.E. Andrew J. Mackie Ann Olesky Jim Rideoutte David Santee Richard J. Smith Nino J. Spagna, Ph.D. Fred Thomas Sonia Tuten Wes R. Wilkens The terms of office of said members shall expire on the date that the Commirtee submits its report to the Board of County Commissioners. BE IT FURTHER RESOLVED BY TH~ BOARD OF COUNTY COMMISSIONERS that the Board waives the provisions of Sections 112.313(3) and (7), Florida Statutes, as an exception permitted under Section 112.313(12), Florida Statutes, for certain appointees whose employment or agency status may fall within said provisions which might otherwise create a conflict of interest. JUN 7 2000 This Resolution adopted after motion, second and majority vote. DATED: September 14, 1999 ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY CONLMISSIONERS COLLIER COUNTY, FLORIDA By:. PAMELA S. MAC'KIE, Chainroman Approved as to form and regal sufficiency: David C. Weigel County Attorney DCW/kn RESOLUTION NO. 99-364 A RESOLUTION APPOINTING MEMBERS TO THE RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE WHEREAS, the County is required by the State of Florida Administration Commission, pursuant to the Final Order of Case No. AC-99-02, to conduct an assessment of the rural and agricultural area of Collier Count, including: all lands designated AgriculturaL/Rural; the Big Cypress Area of Critical State Concern; all conservation lands outside the County's urban boundary; and Southern Golden Gate Estates; and WHEREAS, the Final Order states that the Assessment shall be a collaborative, community- based effort with full and broad public participation; and WHEREAS, the Final Order encourages the County to consider the appropriateness of undertaking the assessment in phases designed to address short-term as well as long-term community needs and geographical differences; and WHEREAS, on August 3, 1999 and September 14, 1999, the Board of County Commissioners a~'eed to conduct a bifurcated analysis of the assessmere ~ with one proces~ focusing on the "Rural Fringe" area depicted on the map attached hereto and labeled Exhibit "A;" and WHEREAS, on August 3, 1999 the Board elected 'to create a citizens committee to oversee the assessment and development of comprehensive plan amendments for the Rural Fringe area; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby appointed to the Rural Fringe Assessment Area Oversight Committee: Fay Biles, Ph.D. Tom Conrecode, P.E.. David Ellis David E. Guggenheim, Ph.D. Gary Hayes Dawn D Jant~ch, CA.E Michael D. Lehn Patrick K. Miller Chuck Mohlke Ray Pe!letier The terms of office of said members shall expire on the date ~hat the Committee submits its report to the Board of County Commissioners. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the Board hereby waives the provisions of Sections 112.313(3) and (7), Florida Statutes, as an exception permitted under Section 1 ! 2.313(i 2), Florida Stm'ute~ for ~n appointees whose employment or agency status may f~11 within said provisions which might otherwise create a JUN 2 7 2000 conflict of interest. This Resolution adopted ~er motion, second and maiority vote. DATED: September 14, 1999 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR. IDA By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: David C. Weigel ~ County Attorney DCW/Im AGEh~ J~'~ JUN g 7 2000 EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE RURAL AREA ASSESSMENT OVERSIGHT COMMITTEES AND DISCUSSION OF THE COMPLETION SCHEDULE FOR THE RURAL AREA ASSESSMENT. OBJECTIVE: Pursuant to the Board's direction on August 3, 1999, the objective of this executive summary is to provide the Board with a list of candidates for appointment to the Rural Lands Area Assessment Oversight Committee and the Rural Fringe Area Assessment Oversight Committee, and to provide the Board with a draft schedule for completion of the Rural Area Assessment within the time flames set forth in the Final Order (AC-99-002) issued by the Administration Commission, on June 22, 1999. CONSIDERATIONS: On August 3, 1999, the BCC endorsed a bifurcated process for accomplishing the Rural Area Assessment. These two processes will occur simultaneously, with the intention of completing all or part of the Rural Fringe Assessment within approximately 12 months, and the assessment for the balance of the rural area within 24 to 30 months. It should be -noted that the Final Order does encourage "the County to 'consider the appropriateness of undertaking this Assessment in phases designed to address short-term as well as long term community needs and geographical differences'.~ Thus, both the Rural Fringe Assessment and the Assessment for the balance of the rural area may result in consideration of comprehensive plan amendments for all or part of these areas, on a phased schedule. In accordance with the parameters set forth in the Final Order, the Rural Area Assessment "must be a collaborative, community-based effort with full and broad-based public participation."2 The Final Order further states that "... participation must be wide in scope with broad community input. State and regional agencies are hereby directed to participate and assist in the effort. The County shall ensure community input through workshops, public opinion surveys and committees as necessary to undertake various tasks in the study." 3 It is, therefore, critical that the make-up of both the Rural Lands Area Assessment Oversight Committee and the Rural Fringe Area Assessment Oversight Committee be a representative cross-section of the public and include some members with technical and scientific experience and analytical skills. This may be achieved by including representatives of various State and regional agencies. Specifically, staff recommends that the Water Management District, the Regional Pl~ning Council, the Florida Department of Environmental Protection, and the Florida Game and Fish Commission be represented on both committees and that a representative of the Florida Department of Agriculture be included on the Rural Lands Area Assessment Oversight Committee. Both committees must adhere to the statutory "Government in the Sunshine" regulations. Additionally, with respect to "conflict of interest" issues, staff has had discussions with both the County Attorney's Office and with David Anderson, attorney for the Florida Ethics Commission. As a result of these discussions staff recommends the following with respect to appointment of members to both committees: Final Order No. AC-99-002. State of Florid: Final Order No. AC-99,002, State of Florid~ Final Order No. AC-99-002, State of Florid~ Admi~'~ss~, Adrninistratiol~ Cornnaissi, JUN 2 7 .n, P : No. No individual owning or related4 to an owner of more than one percent of the property within the Rural Agricultural Assessment Area or within the Rural Fringe Assessment Area should be appointed to a respective committee; · No consultant, attorney or other paid representative of an owner of property or contract purchaser of property within the Rural Agricultural Assessment Area or within the Rural Fringe Assessment Area should be appointed to the respective committee, regardless of the size of land under ownership or contract for purchase; · No individual whose employer owns property within the Rural Agricultural Assessment Area or within the Rural Fringe Assessment Area should be appointed to the respective committee: Additionally, the County Attorney's Office is currently researching the conflict of interest issues as they relate to paid employees of advocacy groups and employees of government agencies. The County Attorney's Office will be available to discuss these issues and respond to questions from the Board on September 14, 1999. It should be noted that either committee may request input from experts and from stakeholders, including property owners and attorneys or consultants representing property owners. Separate ads identifying these two committees with maps identifying the separate areas of assessment were placed in the Naples Daily News and the Immokalee Bulletin. Persons interested in serving on these committees were asked to sencka copy of a resume with a cover letter to the Attention of the Planning Department Director on or before September 1, 1999. Additionally, the Department of Public Information aired similar notifications on the County Bulletin Board on Channel 54 between August 19, and Sept 1, 1999. The Bulletin Board is aired 8 to 10 times per day. In addition to individuals who sent in letters requesting appointment to one or both of these committees, on August 3, 1999, the Board endorsed using the members of the Density Reduction Technical Working Group as a pool of possible appointees for the Rural Fringe Area Assessment Oversight Committee. Staff contacted each member of the Density Reduction Technical Working Group to determine if he or she was willing to serve on the Rural Fringe Assessment Area Oversight Committee. Additionally, staff inquired as to whether or not candidates: a) owned or had relatives who owned land within the Rural Fringe Assessment Area (and if so how much land); b) were the employee of and individual or other entity that owned land in the Rural Fringe Area; and, c) were a consultant, attorney or other paid representative of an owner of property or contract purchaser of property within the Rural Fringe Area. A list of applicants for the Rural Fringe Area Assessment Oversight Committee is attached hereto. To reiterate, the Rural Lands Assessment Oversight Committee is charged with overseeing the assessment process for the balance of the rural area (excluding the Rural Fringe Area). In addition to individuals who submitted letters indicating a desire to serve on this committee, the Board stated they would consider appointing individuals mentioned as potential committee members during their April 13, 1999, meeting and those mentioned by Commissioner Berry at the August 3, 1999 Board meeting. Staff attempted to contact each applicant to determine if he or she was willing to serve on the Rural Lands Area Assessment Oversight Committee. Additionally, staff inquired as to whether or not these individuals: a) owned or had relatives who 4 Florida Statutes (Section 112.3143) de sister. father-in-law, mother-in-law, son AGENDA ITEM ~'"~ inea/~qat~*,-~_... fathe/l, m,,oth( m-law, and daughter-in-la~. ' JUN 2 7 7.OO0 i ~wned land within the Rural Lands Assessment Area (and if so how much land); b) were the employee of and individual or other entity that owned land in the Rural Lands Assessment Area; and, c) were a consultant, attorney or other paid representative of an owner of property or contract purchaser of property within the Rural Lands Assessment Area. Attached hereto and labeled as Exhibit "B" is a list of potential candidates for appointment to the Rural Lands Area Assessment Oversight Committee. Attached to this executive summary is a draf~ schedule for both of the assessment processes. The schedule is flexible and may need to be varied depending upon the data collection and analysis phases, and the desires of the respective oversight committees. FISCAL IMPACT: This executive summary generates no fiscal impact. STAFF RECOMMENDATION: That the Board adopts either: 1) An ordinance establishing a 10 member Rural Fringe Area Assessment Oversight Committee and an ordinance establishing a 15 member Rural Area Assessment Oversight committee; or 2) An ordinance establishing a singular 20 member Rural Area Assessment Oversight Committee (one committee to oversee all phases of the assessment). P VIEW D BY: Date: ,C-f Robert J. Mulhere, AICP Plam~g Services Department Director Vincent A. Cautero, AICP :" Community Development & Environmental Services Administrator ,JUN 2 7 2000 IViA '~ ,. 2000 OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on June 22, 2001, on the Rural Lands Assessment area Oversight Committee. CONSIDERATIONS: This 15 member committee was created on September 14, 1999 by Resolution No. 99-364A/Ord. No. 99-86 to advise the BCC with regard to data collection, analysis and land development regulations to preserve the rural character without causing urban sprawl and the protection of natural resources. The area to be addressed by this Committee will encompass the Agricultural/Rural Areas and Conservation Areas. Commissioner Barbara B. Berry is Chair. Members are subject to filing a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 2 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Grady E. Miars N/a James S. Howard N/a 3 Yes None 3 Yes None COMMITTEE RECOMMENDATION: No recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members to fulfill the remainder of vacant terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 27, 2000 Memorandum To: Sue Filson, Administrative Assistant Collier County Board of Commissioners From: Robert J. Mulhere, AICP, Director Planning Services Department Date: 06/21/00 Subject: Rural Lands Oversight Committee Vacancies On Monday evening, June 19, 2000, the Rural Lands Oversight Committee discussed the issue of making recommendati. ons to the Board with respect tO filling vacancies on the Committee. Please be advised that t.he committee voted unanimously (8-0) not to make any recommendation to the Board. Please note that I have reviewed the information that you sent to me on the two candidates. These vacancies were created by the resignation of Richard Bothoff, a retired bank executive, and the removal of Wes Wilkens, an architect. To date, you have forwarded to me two applications, one from a Mr. James S. Howard and one from a Mr. Grady E. Miars. Per you request, the following table highlights the pertinent data with respect to each of these applicants. Candidate Name Address Current Occupation Education- Length of Experience Residency James H. Howard 2253 Heritage Greens Project Mgr., Bonita Marketing Degree 9 years Dr., Naples Bay Properties 20 Years experience in banking/financial industry Grady E. Miars 4729 St. Croix La, Senior Vice President, B.A. Environmental Science/ 6 years Naples First Union National Economics Bank Currently pursuing MBA at FGCU 7 years experience in environmental permitting and construction management Community Development & Environmental Services Division Planning Services ACtA ITEM NO. Rural Lands Assessment Area Oversight Committee Name ggork PhoneAppt'd Exp. Date Term Home Phone DateRe-appt2ndEarpDate 2nd Term Barbara B. Berry 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Chair 774-8097 Fred Thomas 1802 Farm Worker Village lmmokalee, FL 34142 District: Category: Housing Authority Dick Butthor ' -t~ 4430 Wilder Road l~.~~° Naples, FL 34105 District: Category: Retired Banker 657-3649 434-7505 09/14/99 09/14/99 06/22/01 06/22/01 2 Years 2 Years Jim Rideoutte 1125 Wildwood Lane Naples, FL 34105 District: Category: Retired (IRS) Manager 649-7926 09/14/99 06/22/01 2 Years J. Richard Smith 21 Golden Gate Boulevard, East Naples, FL 34120 District: Category: Attorney 455-5020 09/14/99 06/22/01 2 Years Sonia Tuten 1255 15th Street N., Suite 3 Immokalee, FL 34142 District: Category: Business Owner - Irrigation 657-5519 09/14/99 06/22/01 2 Years Thursday, $~ptember 23, 1999 Page 1 of 3 Rural Lands Assessment Area Oversight Committee Work Phone Appt'd Exp. Date Term Name Home Phone Datel~e-appt2ndExpDate 2nd Term 657-2401 09/14/99 06/22/01 2 Years Ann Olesky 6001 Lake Trafford Road lmmokalee, FL 34142 District: Category: Business Owner - Marina David Santee 657-3667 395 N. 15th Street lmmokalee, FL 34142 District: Category: Farm Bureau - Agency Manager 09/14/99 06/22/01 2 Years Floyd Crews 657-2429 P.O. Box 610 lmmokalee, FL 34143 District: Category: SW FL Service & Supply - Owner 09/14/99 06/22/01 2 Years Ron Hamel 675-3180 P.O. Box 1319 Labelle, FL 33975 District: Category: Gulf Citrus Growers Association 09/14/99 06/22/01 2 Years Andrew J. Mackie 348-9168 360 Sanctuary Road Naples, FL 34120 District: Category: Corkscrew Sanctuary-Asst Mgr 09/14/99 06/22/01 2 Years Neno Spagna 3850 27th Avenue, S.W. Naples, FL 34117 District: Category: Community Planner 434-4635 455-2168 09/14/99 06/22/01 2 Years Tkursday, Septemb~ 23, 1999 P~ge 2 of 3 AGENDA ITEM NO. ~ Rural Lands Assessment Area Oversight Committee Name David Guggenheim 1560 Merrihue Drive ~.3~ Naples, FL 34102 Di.urict: Category: President & CEO R/orl~ PhoneAppt'd Exp. Date Term Home Phone DateRe-appt2ndF, xpDate2nd Term 262-0304 09/14/99 06/22/01 2 Years Rodney D. Harvey 4099 Tamiami Trail N., Suite 200 Naples, FL 34103 District: Category: Realtor Wes R. Wilkens t~'q~j,~- P.O. Box 7965 Naples, FL 34101 District: Category: Architect 262-4333 09/14/99 06/22/01 2 Years 352-5601 09/14/99 06/29_/01 2 Years Dawn Jantsch 3620 Tamiami Trail North Naples, FL 34103 District: Category: Chamber President 262-.6376 09/14/99 06/22/01 2 Years This 15 member committee was created on September 14, 1999 by Resolution No. 99-364A to advise the BCC with regard to data collection, analysis and land develoment regulations to preserve the rural character without causing urban sprawl and the protection of natural resources. The area to be addressed by this Committee will encompass the Agriculural/Rural Areas and Conservation Areas. Commissioner Barbara B. Berry is Chaidng this committee. FL $TAT: Sta.~ Vince Cautero, Community Development Administrato~ 403-2385 ~hurstltty, ~%~ptember 23, 1999 Page 3 of 3 M E M O R A N D U M ~{~i~I~'~_~ DATE: TO: FROM: May 8, 2000 Vinell Hills, Elections Office...~. ,~ Sue Filson, Administrative Assistam~/~, ~' Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. RURAL LANDS OVERSIGHT COMMITTEE Orady E. Miars 7.- 4720 St, Croix Lane Apt. 134 i Naples, FL 34109 q vqq/ COMMISSION DISTRICT James S. Howard 2253 Heritage Greens Drive Naples, FL 34119 Thank you for your help. MEMORANDUM DATE: TO: FROM: May 8, 2000 Vince Cautero, Administrator Community Development and Env~ Sue Filson, Administrative Assist~.t..J Board of County Commissioners Rural Lands Oversight Committee Services As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in ser¢ing on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Grady E. Miars. 4720 St. Croix Lane Apt. 134 Naples, FL 34109 James S. Howard 2253 Heritage Greens Drive Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call meat 774-8097. Thank you for your attention to this matter. SF Attachments May 4, 2000 Bonita Bay Properties, Inc. 'RECEIVED o 5 20O0 Sue Filson Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Re: Rural Lands Committee Dear Ms. Fitson: Pursuant to a conversation with A1 Reynolds of Wilson Miller I would like to apply for the Rural Lands Committee. As requested, I have attached a copy of my resume for your review. I have been actively involved in Collier County since 1994. I was originally hired by McAnly Engineering and Design as an Environmental Project Manager and worked on several projects in the Collier County area. Now, at Bonita Bay Properties Inc. as a Project Manager I have been able to advance my skills in quality communities, environmental stewardship and civic duty. I look forward to contributing to the Rural Lands Committee and feel I will bring energy, experience and a team work ethic. Should you have any questions please do not hesitate to call (941) 851-3225. Sincerely, Grady E. Miars Cc: AI Reynolds (e-mail) Susan Watts (e-mail) -- AGF. ND~ NO. 3451 Bonita Bay Boulevard, Suite 202 * Bonita Springs, Florida 34134-4395 Telephone (941) 495-1000 · Facskmile (941) 992-2672 · www. bonitabayproperties.corn Graydon (Grady) E. Miars 4720 St. Croix Lane Apt. 134 Naples, Florida 34109 (941) 851-3225 EXPERIENCE Project Manager, Jun. 1997-Present; Bonita Bay Properties Inc., Bonita Springs Florida. My professional duties include the management of all engineering, design and consunction of"The Brooks"- a 2,400-acre residential development in Bonita Springs Florida. In calendar year 1998 this included 36 holes of golf, 11 rmles of two and four-lane boulevard, 11 residential subdivisions, 2 clubhouses and a sales facility. 1999 included a town center (restaurant, fitness center and community enrichment center), 7 residential subdivisions, and a new sales facihty. 2000 will include 36 holes of golf, 8 residential subdivisions, one clubhouse, one maintenance facility. and 9 miles of two and four-lane boulevard. Budget for 1998 was 45 million, for 1999 it was 37 million and for 2000 it is 44 milton. Environmental Project Manager, Oct 1994 to Jun 1997; McAnly Engineering & Design, Naples, FL. My professional duties included coordinating proposals, billing, client relations, project management, water, sewer, paving and drainage design, urban planrang, site layout, mitigation and monitoring reports, construction monitoring and post permit. compliance. Experience in AutoCad, MSOffice and G.P.S. (Global Positioning System) Surveying. Recovery Technician, Jun 1989 - Oct 1994; BEST Environmental, Inc. Joliet, Illinois. Employed in various facets of fieldwork in soil analysis, waste water treatment, hazardous waste cleanup, above and underground storage tank cleanouts and removal, management of emergency response and ground water monitoring. Overall job estimating, material takeoffs and proposalsc Project Head, Spring 1993 - Orlando Planrang Cornnussion via Rollins College, Orlando, Florida. Responsible for coordinating other students talents to design a City wide Greenway to promote commumty awareness of its ecosystem. Presented economic impact plan to the Mayor and Planrang Board of Orlando. EDUCATION Bachelor of Arts Degree in Environmental Science and Economics, May 1993 Rollins College; Winter Park, Florida Certified General Site Waste Worker O.S.H.A. 29CFR 1910.120/Hazwopper M.B.~. - Finance, Florida Gulf Coast University - 2/3 Complete with Program Member of the National Association of Environmental Professionals COMMITTEES/INTERESTS Board of Supervisors - Mediterra South Community Development District Issues Advisory Committee - Naples Area Chamber of Commerce Bonita Springs Y.M.C.A. Program Committee Volunteer for Chi Psi Educational Trust to facilitate: National Leadership Training Programs, Strategic Plarmmg Retreats, and Pro Development for undergraduate students to get a head start on their future. Community Service United Way and Habitat for Humamty REFERENCES Available' Upon Request NO. ~ APR-17-00 11:98 FROM:FUNB P~IVA?E NAPLES ]D:9415987598 PAGE I/3 To= Ms. Sue FiIson From= Jim Howard Fax= (94~)774-,3602 ~ 2 Phormc oate=- 04/17/00 R~ The Rural Lands Oversight ~ CC~ Following up on our co.qvemation last Friday regarding the vacancy on the Rural Lands Oversight Com~, attached please find rny resume for your consideration. I moved Ig Naples in January of ~is year lg t~ke over the Commercial Real Eslme Lencrmg department for Ibis region and have enjoyed it very much. I have 18 yeas of banldng experience. with fl~ majority of ~at being real estate related, so I ~ink I can add something to the efforts of ~is Cm-~il~ee as tfiey If you have any questions, or if I can be of any furlher assistance, plea~ le{ me know. AGENDA ITEM APe-l?-00 11,38 FROM:FUNB PRIVAT£ NAPLES ID:941S887S98 PAGE 2/3 James S. Howard 2253 Heritage Greens Drive Naples, lrloridn 3~119 Home: (941)$14-1~!M Work: (941)591-7920 WORK EXPERIENCE Union National I~nk Naples, FL and Atlanta, J~numD,, 2000 to Present: Senior Vice Prudent Commercial Real F. sm~ Lending P,~pondble for the creati.ns a.d implemematian of the bnnk's marke'dng effort to r~l e~te developers in Florida's Cuff Coa~ Region, with an emphas/s in Collier and Le~ Counties. P.~ary duties coRsist of s~]eh~g out ]endin~ opportunili~.~ for a variety of consrotation arid d~elopment projects, including single family re~iCkmtial, condomini~,,ns, apartmints, retail and geaaeral commercial uzage. Additionally, [ am respon$~le for cross $eLliug other bank products, inclading an extensive array of Ccmduil Landing, Capital Markets, Private Client, Capital Management and Cash Management products. April 1998 to Deccrabs, 2000: RusJness Development Manager Commercial RamI Estate Lending Respomsible for ~oordinatiag lhc efforts of seven Relationship Managers within the Commerc'tal Keal E.stme department for our Aftant:t, GA office. A sigaificamt amount off time was al~o spent on corporate wide issues relating to Fira~ Union's Real E~m'te lending efforts, including roetuba-ship on the "Real Eslme l~/:~'ing Comrnhle~", a policy. development and implementation body. Augtrot, 1995 to April, 1998 Manager, Special Am Department Re, spoms~l¢ for ~hc ma~ge. mcn~ of a unit ere. ated to manage and ~ classifie<I and criticized ~ within Filet Union, ~s well as to address other probl~n situations. During my tmure, the non-perform/rig loan portfolio was reduced from ;l high of 1t~220 million to $5 million. Managed a fa!tffof 6 l~nders and 3 June, 199I to Augu~ 1995 Senior Special Asset~ Officer Special Assets Department Reapona~l¢ for fiae management of a portfolio of"problem assets", consisting of both commercial and real eslaze loans within the Georgia Region. Portfolio averaged $30 million tO $:~0 IIlJ~Oll ha oilll;[a!ld~l~. (The period of Jun% 1.991 to $l,ly, 1993 was with First Amer/call Ballk of Georgia, which was acquired by First 'American in July, I903) lh-beraia Natioaal Bank Now Orlea~, LA June, 1989 to June, 1991 Special Am Officer SpecM ~ EX.-;~-maent Respons~le for the manag~me.t and collection of a $100 million portfolio of problem ¢Ommerc/sl Io~ns for ttfis medium sized regional bank. A sizable portion of the portfolio oamsiat~ of partieipatkms in m~ 'h'kghly leveraged m~,vsaclions", requ'wing a knowledge of problem asset rechactio~ ~;.-~eg/~ ns well I~aowledg¢ of dealing with m ultiple melnber bank grotrpa. ~R-17-00 11:38 FROM:FUNB PRIVAT£ NAPLES ID:B41598?SB8 PAGE 3/3 Bank of Oklahoma Oklahoma City, OK Fd~ruary, 1981 to ~une, 1989 Afzr complex'i~ the crylit m~inlng program with this local bank, I began my carc~r as an analy~ ia the Comm~ Real Es~te area. tn 1983, i was promotod to l~nding officer w~Jn tha~ departmera and ~'emaix~ed there until 1985, when I tran$~ W ~c newly formed Special/Lsst~ m-ea, whic.,la was a'ea~d to gsolve problem loans. as the "real estate specialist", I continued ~n that capacity until accepting the above r~f~nc.~l position with 1~ ibcrnia Bank in Nvw Orleans. EDUCATION: High School: Cas¢ia I [all ]'rcpara~ory School Tul~a, OK Gradua1~! Ma.% [975 College: Univ~,s~ty of Okl'ahoma Norm~, OK Graduated December, 1979 Degree in Marketing with a minor in Business C~_~unica~a~ PROFESSIONAL AFFILIKI' {()NS Urb4m Land InSticute Natioxlal Assodafio~ ol' lnd~t.q-rial alld Offic~ Properties ('NAIOP) Atl~mm Apartment Association Rob~ Morris A.,,sOci:~lt¢S (RMA) REFERENCES Available upon request. AGENDA ITEM J~ ),1 9 "" RESOLUTION NO. 2000- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLqNTY, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO REMOVE, REPLACE AND/OR INSTALL HIGHWAY DIRECTIONAL SIGNS FOR INTERNATIONAL COLLEGE AT VARIOUS INTERSECTIONS THROUGHOUT COLLIER COUNTY. WHEREAS, International College wfil soon open a new campus m Collier County, generating a high level of interest due to its commitment to meeting the educational needs of individuals pursuing careers in business-r~lat~d areas; and WHEREAS, it being nece, ssm3, and in the public interest of the citizens of Collier County for students, r~sidents and visitors to Collier County to have signs located at various intersections throughout tl~ county to provide accurate information and direcuons to International College; and WHEREAS, the Florida Departmere of Transportation (FDOT) is empowered to implement changes to highway signage so long as said changes are carefully planned and controlle. xl so that the safety and operating conditions of the roadways will not be adversely impacted. NOW, THEREFORE, BE IT RESOLVED BY TH~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: FDOT be rexluesteA to install and/or replace highway signs at the following locations in Collier County: Install directional signs for International College on 1-75 northbound and southbound prior to Exit 17 (Immokalee Road a~k/a CR 846). Install meo signs, each bearing the phrase "International College," on Immokalee Road where the northbound and southbound Exit 17 off-ramps of 1-75 intersect with Irnmokalee Road (CR 846). This resolution shall take effect upon approval by the Board of County Commissioners of Collier County, Florida. The Clerk is directed to forward a copy of this resolution to the FDOT District One office in Bartow, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a. 22 23 b. 24 25 26 27 28 2. 29 Florida. 30 This Resolution adopted this __ 31 majority vote favoring same. 32 ATTEST: DWIGHT E. BROCK, Clerk 34 36 37 38 39 40 41 42 43 44~ Da&~d C. Weigel 45 County Attorney day of , 2000 after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY I. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: AGENDA ITF. t~4 NO. /t~ ~- Pg. _/ RESOLUTION No. 2000 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO URGE JEB BUSH, THE GOVERNOR OF FLORIDA, TO STOP THE CLOSING .OF G. PIERCE WOOD MEMORIAL HOSPITAL IN DESOTO COUNTY; TO INVESTIGATE THE 'TREND ACROSS THIS NATION THAT IS MOVING MENTAL HEALTH AWAY FROM COMMUNITY BASED FACILITIES; AND TO INCREASE THE FUNDING OF MENTAL HEALTH CARE TO PERMIT G. PIERCE WOOD MEMORIAL iHOSPITAL TO SERVE THE NEEDS IN THE EIGHTEEN COUNTIES IN SOUTH FLORIDA. WHEREAS, G. Pieme Wood Memorial Hospital has been a state facility in ~ County since 1947; and WHEREAS, G. Pierce Wood Memorial Hospital serves eighteen counties in South Florida which include Charlotte, Collier, DeSoto, Glades, Hardee, Henclry, Highlands, Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee, Pasco, Pinalias, Polk, SL Lucia, and Sarasota; and WHEREAS, G. Pierce Wood Memorial Hospital serves the mental health care needs of ltm most severely impaired patients in the above-listed eighteen counties; and WHEREAS, The Governor and the Department of Children and Families proposed a plan that will dose the G. Pierce Wood Memorial Hospital; and WHEREAS, The closing of G. Pierce Wood Memorial Hospital will create a monumental mental health cdsis in the subject eighteen counties; and WHEREAS, When Charier Glade Hospital closes in about two weeks, the b4Jrclen of providing mental health cam to Southwest Florida will be severely WHEREAS, The DelNtlment of Children and Families did not request the additional funding t!~ is needed tD ovemDme the cut in the disproportionate steam of Medicare by the fedkraJ gowllrlme/~ for mental health care needs. NOW, THEREF(:X~ BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF CI:X.LER COUNTY, FLORIDA, that: the Collier County Board of County Commissioners ~lRx)rts the needs of the community and hereby urges Job Bush, the Governor of ~ to ~ Ihe dosing of G. Pierce Wood Memorial Hospital in DeSoto County;, to inwlM~lte Ihe lnlnd across this nation that is moving mental health away from cammant/~l ~S ; and to increase the funcling of mental health cam to permit G.. Palco Wlcod liBmodal Hospital to serve the needs in the above-listed eighteen couMies k~ South Ftmida. This Resolution adopted majority vow favoring ~ame. ATTEST: DWIGHT F_ BROCK, Clerk Deputy Clark day of June 2000, after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman Ar~i legink sufticien. c~ P ner Assistant County Attomay AGEN D. ,o2~iT/EM% J',;;l 2 7 2000 EXECUTIVE SUMMARY PETITION PUD-2000-04 TIMOTHY W. FERGUSON REPRESENTING OUTDOOR RESORTS OF AMERICA REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL AND PUD TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS OUTDOOR RESORTS OF NAPLES. THE SUBJECT PROPERTY IS AN UNDEVELOPED 93.5 ACRE PARCEL LOCATED ON IMMOKALEE ROAD APPROXIMATELY ONE HALF MILE EAST OF COLLIER BOULEVARD (CR. 951), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting to rezone the above described land from its current zoning classification of "A" Rural Agricultural and PUD to "PUD" Planned Unit Development for a travel trailer park. CONSIDERATIONS: The applicant seeks a rezone of the prope.rty in question to Planned Unit Development (PUD) to allow for a maximum of 420 recreational vehicle units for a density of 4.49 units per acre. This PUD will also provide accessory facilities such as pools, recreational areas, snack bar, clubhouse and community buildings. Approximately 18.65 acres of the site will be devoted to preserve. The preserve area will allow boardwalks, and nature trails. This petition was reviewed by the Collier County Planning Commission on June 1, 2000 and by a vote of 8-0 they recommended approval. This petition was also reviewed by the Environmental Advisory Council on June 7, 2000 and by a vote of 5-2 they recommended approval. At the CCPC meeting one person spoke against this petition and staff has received several letters of opposition. Most objections were to the proposed tand use of travel trailer park, which in their opinion, is not compatible with the mostly residential type land use trends in the area. This petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: This is a 420-unit Travel trailer park project; the following Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: EMS Impact Fee: $447,300.00 $49,551.00 $ 81,234.00 $142,114.00 $518,280.00 $13,440.00 1 Parks Impact Fee · $344,752.00 Total $1,596,671.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. At this point in time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. The above discussion deals with revenue schemes. Of course, if the property is developed as proposed, there will be impacts on .Public Services and Infrastructures which will offset the revenues generated. It should be appreciated that, not withstanding fiscal impact relationship, development takes place in an environment of concurrency. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities or enhancements to raise the level of service. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads, which may have geographic concurrency implications. GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The requested density of 4.49 units per acre is less than that which the site is eligible to receive under the Future Land Use Element (FLUE) of the Growth Management Plan (12 dwelling units/acre), therefore, this petition is consistent with the density provision of the Growth Management Plan (GMP). The FLUE permits travel trailer recreational vehicle parks within the Urban Designated areas, subject to compatibility with surrounding properties and provided the site has direct access to an arterial roadway. The proposed OutdoOr Resorts of Naples PUD is consistent with the GMP. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,327 Weekday trips and 189 PM Peak Hour trip ends. The TIS indicates that the project trips will not exceed the significance test ( 5 percent of the LOS "C" design volume) on Immokalee Road within the project's radius of development influence. Since the site-generated trips do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). This portion of Immokalee Road is scheduled for four-lanning starting January 2002 with a completion date of October 2003. Conservation and Open Space: PUD development commitments provide open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Management: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property .is located outside an area of. historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and. Assessment is required. STAFF RECOMMENDATION TO THE EAC AND THE CCPC: Staff recommended that the both advisory bodies review PUD-2000-04 and forward it to the BCC with a recommendation for approval subject to three stipulations: 1- A six foot wide sidewalk shall be provided along all internal streets. 2- No Certificate of Occupancy shall be issued until the current four-laning on Immokalee Road is completed. 3- Interconnections be provided to the east and south. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was reviewed by the EAC on June 7, 2000 and by a vote of 5-2 they recommended approval. Two of the Council members were concerned about the loss of wetlands and voted against this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on June 1,2000 and by a unanimous vote (8-0) recommended approval. They agreed with two of the staff's stipulations concerning the completion of Immokalee Road widening and the internal sidewalks. However, they only asked the applicant to explore the possibility of interconnections. They also added a stipulation to notify perspective buyers of the earth mining operation with blasting across the street on the north side of the Immokalee Road. 4 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWE~ BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION ', ROBERT J. I~IULHERE, AICP, DIRECTOR PLANNING SERVICES DATE / DATE" VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 5 AGENDA ITEM 7-G TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MAY 11,20OO PETITION NO: PUD-2000-04 OWNER/AGENT: Agent: Contract Purchasers: Property Owners: Timothy W. Ferguson, P.A. 2272 Airport Road South Suite 210 Naples, FL. 34112 Outdoor Resorts of America E. Randal Henderson, Jr. Sheldon Gross Robert A. Schoellitorn 2400 Crestmoor Road Nashville, TN. 37215 Roy & Peggy Custer, William J. Williams, Cullen & Constance Walker, Crystal Lakes Property Owners, Association # II, Inc. REQUESTED ACTION: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "A" Rural Agricultural and "PUD" Planned Unit Development to the "PUD" Planned Unit Development District for an R.V. Resort. GEOGRAPHIC LOCATION: The subject property is an undeveloped 93.5 acre parcel located on the south side of Immokalee Road approximately one half miles east of Collier Boulevard (CR-951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a maximum of 420 recreational vehicle units for a density of 4.49 units per acre. This PUD will also provide accessory facilities such as pools, recreational areas, snack bar, clubhouse and community buildings. Approximately 18.65 acres of the site will be devoted to preserve. The preserve area will allow boardwalks, and nature trails. SURROUNDING LAND USE AND ZONING: Existing: The subject site is undeveloped and is currently zoned "A" Rural Agricultural and "PUD" Planned Unit Development. Surrounding: North - Immokalee Road ROW and Earth mining activity, zoned "A" Agricultural East - Undeveloped, zoned "A" Agricultural West - Golf driving range and plant nursery, zoned "A" Agricultural South- Vacant, zoned "A" Agricultural and Crystal Lake RV Resort, zoned "PUD". GROVVTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The requested density of 4.49 units per acre is less than that which the site is eligible to receive under the Future Land Use Element (FLUE) of the Growth Management Plan (12 dwelling units/acre), therefore, this petition is consistent with the density provision of the Growth Management Plan (GMP). The FLUE permits travel trailer recreational vehicle parks within the Urban Designated areas, subject to compatibility with surrounding properties and provided the site has direct access to an arterial roadway. The proposed Outdoor Resorts of Naples PUD is consistent with the GMP. -2- Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,327 Weekday trips and 189 PM Peak Hour trip ends. The TIS indicates that the project trips will not exceed the significance test ( 5 percent of the LOS "C" design volume) on Immokalee Road within the project's radius of development influence. Since the site-generated trips do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). This portion of Immokalee Road is scheduled for four-lanning starting January 2002 with a completion date of October 2003. Staff recommends that a stipulation be added to the PUD Document to prevent the issuance of any Certificate of Occupancy for trailer pads until the road four-lanning is complete. Conservation and Open Space: The Collier County Land Development Code requires open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Management: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition will be reviewed by the EAC on June 3 7, 2000. Their stipulations will be presented to the BCC. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The list of criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The following are Staff's findings for this PUD petition: Relationship to Future and Existinq Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrates a travel trailer park at a density of 4.49 units per acre, which is consistent with the GMP. The surrounding area consists of developed and vacant properties. Most surrounding properties are zoned with a low density that range from 1 unit per five aces in the Rural Agricultural District; 2.89 dwelling units per acre in the Crystal Lakes RV Resort directly to the south,. to 5.07 dwelling units per acre in the Pebble Brook development approximately one half mile to the east located in an activity center. -4- The preserve areas of this PUD encompass 18.65 acres. With landscape buffers and lakes this PUD will have over 60 percent of the property allotted to open space. Development standards for this development are generally consistent with the standard TTRVC zoning standards. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes and in fact the subject property is adjacent to several travel trailer parks. It is staff's opinion that the proposed density of 4.49 units per acre is compatible with the development trends in this area except as otherwise conditioned above. As noted above, the majority of the surrounding and nearby land is zoned Agricultural and is eligible for rezone with up to four units per acre. Therefore, staff is supportive of the proposed travel trailer park PUD at a density of 4.49 dwelling units per acre. The proposed use is compatible with uses approved in the Crystal Lakes PUD. Regarding the matter of timing, it should be appreciated. that urban commercial developments exist within close proximity of the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE of the GMP. Traffic: This project fronts on Immokalee Road. The Traffic Impact Statement (TIS) classifies Immokalee Road as a 2 lane arterial road. The TIS indicates that 420 units will generate approximately 1,327 trips on a weekday. Based on this data, the number of vehicular trips generated by this project will not exceed the significance test (5 percent of the LOS "C" design volume) on Immokalee Road. Since the site-generated trips do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). This project does not provide any interconnection with the neighboring properties. Staff requested interconnection with the properties to the east (currently agricultural) and to the south (Crystal Lake RV Resort). Due to the reluctance of the adjacent property owners the interconnection possibilities appear to be remote. However, there is always a possibility that when the property to the east is developed they will be agreeable to an interconnection. This segment of Immokalee Road is scheduled to be four-laned starting in January 2002 with a completion date of October 2003. Staff recommends that a stipulation be added to the PUD document to delay the issuance of any Certificate of Occupancy until the four-lanning is complete. Infrastructure: The subject property is served by the County water and sewer system. However, storm water management will be provided on site. Community Infrastructure and Services: -5- The subject property is readily accessible to a whole range of community infrastructure. Shopping centers, and medical offices of various specialties are all within a short driving distance to the west. PUD Document and Master Plan: PUD Document: The Naples Outdoor Resorts PUD document is modeled after a County Planning Services model PUD document. In terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and commitments. The PUD contains all of the recommendations of reviewing staff. The development standards regulating the placement of travel trailer pads are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. Master Plan: The Master Plan is designed with one driveway, which will provide a direct connection to Immokalee Road. All committed road improvemen. rs shall be in place prior to the issuance of any Certificate of Occupancy for the project. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-2000-04 to the Board of County Commissioners subject to the approval conditions that have been incorporated in the PUD document and otherwise described by the Ordinance of Adoption and exhibits thereto and with an additional stipulation requiring a revision to the PUD document to provide sidewalks within the development. The Collier County Land Development Code Section 3.2.8.4.14 requires sidewalks on both sides of any road. Recently several similar projects were approved with a six (6) foot wide sidewalk on one side of the road. Staff's recommendation is that the PUD document be amended to provide a six foot wide sidewalk along all roads within this PUD. Staff also recommends that a stipulation be added to the PUD document to prevent the issuance of any Certificate of Occupancy for trailer pads until this segment of Immokalee Road four-lanning is complete. Staff also recommends a third stipulation requiring interconnection with the properties to the east (Currently Agricultural), and to the south (Crystal Lake RV Resort). -6- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER REVIEWED B¥i'~ R NALD F. NINO, AIC-"P, C~RRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE VINCENT CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Petition Numberi PUD-2000-04 Staff Report for June 1st, 2000 CCPC meeting. This petition has been scheduled for June 23, 2000 BCC meeting. -7- ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNTNCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONTNG ATLAS MAP NUMBER 8626N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE ,AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OUTDOOR RESORTS OF NAPLES A MOTORCOACH COUNTY CLUB PUD LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), V, MILE EAST OF COLLIER BOULEVARD (C.R. 951) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 93.5+ ACRES; ANT) BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Timothy W~ Ferguson, P.A., representing Outdoor Resorts of America, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South. Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Outdoor Resorts of Naples, a Motercoach Country Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official'Zoning Atlas Map numbered 8626N, as described in Ordinance Number 91-102, the Collier County Land Development Code. is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DV~rlGHT E. BROCK, CLERK BY: TIMOTHY J,CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Marjo~i/e M. Student' Assistant County Attorney G/admin/PUD-2000-04/2.24.00/CB/ts -2- JUN 7 2000 OUT DOOR RESORTS OF NAPLES: A MOTORCOACH COUNTRY CLUB A PLANNED UNIT DEVELOPMENT q-93.5 Acres Located in Section 26, To,~ship 48 South, Range 26 East, Collier County, Florida PREPARED FOR: OUTDOOR RESORTS OF AMERICA 2400 Crestmoor Road Nashville,. Tennessee 37215 PREPARED BY: TIMOTHY W. FERGUSON P.A. 2272 Airport Road South Suite 210 Naples Florida 34112 DATE FILED: DATE APPROVED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENT FILED: DATE APPROVED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: EXI-HBIT "A" TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT MOTORCOACH VEHICLE GOLF COURSE PRESERVE AREAS GENERAL DEVELOPMENT COMMITMENTS PAGE 1-1 2-1 3-1 4-1 5-1 6-1 6/13/97-0479\0010. mcp LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN AND VICINITY MAP EXHIBIT B MAP OF BOUNDARY & TOPOGRAPHIC SURVEY 6/13/97-O479\0010.mcp ii STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Outdoor Resorts of America hereinafter referred to as the Developer, to apply for a PUD to be named the OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB Planned Unit Development (PUD) on 93.5+ acres of !and located in Section 26, Township 48 South, Range 26 East, Collier County, Florida. The development of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB as a PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and !and development regulations adopted thereunder of the Growth Management Plan Future Land Use Element (FLUE) and other applicable regulations for the following reasons: The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective I of the FLUE of the Collier County Growth Management Plan. The project is located in the Urban Designated area of the County and meets the criteria under the Future Land Use Element since it has direct access to a road classified as an arterial and it is compatible with the surrounding land uses. The proposed density of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB PUD is 4.49 units per acre which is less than the maximum density permitted by the FLUE Density Rating System and the Land Development Code (LDC) and is therefore consistent with the FLUE Policy 5.1. The entire subject property qualifies for a maximum density of twelve dwelling units per acre, based on the permitted density for travel trailer/recreational vehicle parks as provided in the FLUE, Urban Designation Description Section and further referenced in Section 2.2.11.4.6 of the Land Development Code. e The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The same use (Crystal Lakes)' exists adjacent to the South boundary. Agricultural zoning with a conditional use for a driving range exists adjacent to the West boundary. Agricultural zoning with an industrial rock crushing operation exists to the North. Agricultural zoning exists to the East. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. e' The project development will result in an efficient and economical 'extension of community facilities and services as required in Policies 3.1.h and 3.1.1 of the Future Land Use Element. 7. The project will be served by a complete range of services and utilities as approved by the County. ..-~ ~ 13/97-0479\0010.mcp i~i ~ ,. ~ -~ , ~. .~ SHORT TITLE This ordinance shall be known and cited as the "OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB, PLANNED UNIT DEVELOPMENT ORDINANCE." } 3/97-0479\0010.mcp iV ....... ~ 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this section is to set forth the location and ownership of the properW, and to describe the existing condition of the property proposed to be developed under the project name of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB. LEGAL DESCRIPTION The subject property being approximately 93.5 acres, is described as: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26 TOWNSHIP 48 SOUTH , RANGE 26 EAST, COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH QUARTER CORNER OF SAID SECTION 26 AND RUN S 02 17' 27" E A DISTANCE OF 100.08 FEET TO THE POINT OF BEGINNING; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF IMMOKOLEE ROAD, COUNTY ROAD 846; THENCE, S89 58' 26"E ALONG THE SOUTHERLY RIGHT OF WAY, A DISTANCE OF 1320.41; THENCE, S02 18' 30" E ALONG THE WESTERLY LINE OF THE EAST 1/2 OF THE NORTH EAST ¼ , OF SAID SECTION, A DISTANCE OF 1238.02 FEET TO THE SOUTH WEST CORNER OF SAID EAST HALF; THENCE, S89 59' 09" E ALONG THE NOTHERLY LINE OF THE SEI/4, OF THE NE ¼, OF THE NE ¼, OF SAID SECTION , A DISTANCE OF 1290.81 FEET TO THE WESTERLY RIGHT OF WAY LINE OF WOODCREST DRIVE WITH SAID RIGHT OF WAY LINE LYING 30 FEET OF THE WEST OF THE EAST LINE OF SECTION 26; THENCE, S02 19 39" E ALONG THE WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1070.33 FEET TO THE NORTHEAST CORNER OF THE NORTH 80 PERCENT OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 26; 6/13/97-0479x0010.mc~ 1-1 THENCE, N89 59' 09"W ALONG TIlE SOUTHERLY LINE OF THE SAID NORTH 80%, A DISTANCE OF 630.58 FEET TO THE SOUTHWEST CORNER OF SAID NORTH 80 PERCENT; THENCE N89 59' 09"W, A DISTANCE OF 660.58 FEET TO A POINT LYING ON THE WEST LINE OF THE WEST I/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST ~A OF SAID SECTION AND ALSO LYING N02 18' 30"W, A DISTANCE OF 267.79 FEET FROM THE SOUTHWEST CORNER OF THE SAID WEST ONE HALF; THENCE, N 02 18' 30"W ALONG THE WEST LINE OF THE WEST Vz OF THE SOUTHEAST ¼ OF THE NORTHEAST ~A OF SAID SECTION, A DISTANCE OF 432.79 FEET TO A POINT LYING N02 18' 30"W, A DISTANCE OF 699.79 FEET FROM THE SOUTH CORNER OF SAID WEST ONE HALF; THENCE, N 88 49' 57" W, A DISTANCE OF 663.49 FEET TO A POINT ON THE EAST LINE OF THE WEST ¥2 OF THE SOUTHWEST ¼ OF THE NORTHEAST 'A OF SAID SECTION 26; THENCE CONTINUE N88 49' 57"W, A DISTANCE OF 2.30 FEET TO A POINT LYING N02 17' 55"W, A DISTANCE OF 713.28 FEET FROM THE SOUTHWEST CORNER OF THE EAST l/z OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 26; THENCE, S02 17' 55"E, A DISTANCE OF 350.74 FEET; THENCE, S89 59' 58"W, A DISTANCE OF 658.26 FEET 'TO POINT LYING ON THE NORTH/SOUTH ¼ LINE OF SAID SECTION AND N02 17' 27"W, A DISTANCE OF 362.58 FEET FROM THE SOUTHWEST CORNER OF THE WEST V, OF THE SOUTHWEST ¼ OF THE NORTHEAST ~A OF SAID SECTION 26; THENCE, N02 17' 27"W ALONG THE SAID NORTH / SOUTH ~A LINE, A DISTANCE OF 2214.18 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION IS GRID NORTH AS ESTABLISHED BY NATIONAL OCEAN SERVICE. 1.3 PROPERTY OWNERSHIP All parcels that constitute the project property are currently under a sales contract to Outdoor Resorts of America, Inc. 1.4 GENERAL DESCRIPTION 6/13/9%0479\00! Omcp 1-2 Ao Bo De EJ The project is located on the south side of Immokaiee Road (C.R. 846), approximately V: east of the intersection of C.R. 951 and Immokalee Road. It is bordered on the east by agriculturally zoned parcels. It is bordered to the west by an agriculturally zoned parcel with a driving range conditional use and commercially zoned parcels. To the north it is bordered by agriculturally zoned propert5, with an industrial rock crushing facility, across Immokalee Road. To the South it is bordered by Crystal Lake R.V. Resort. The zoning classification of the subject property prior to the date of this PUD was agricultural and PUD. Elevations within the site range from +13.1 NGVD to 4-13.6 NGVD above mean sea level. Per FIRM Map 120067 0215D, the subject property lies in Zone X. The property is in a Category 4 Hurricane Vulnerability Zone according to the Southwest Florida Regional Planning Counci!'s SLOSH maps. The site is basically undeveloped with the exception of dirt roads throughout the project boundries. The site is heavily impacted by exotic plant species. There are no known endangered species on site. A thorough review of the condition of the site is provided in the Environmental Impact Statement. The project site is located within the Cocohatchee River Canal Basin depicted within the Collier County Drainage Map (revised September, 1993). The general surface pattern flows are being diverted to the North for discharge into the Cocohatchee River Canal located on the north side of Immokolee Road. 6/I 3/97-0479\0010.rncp 1-3 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development for OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL Regulations for development of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan (GMP) in effect at the time of issuance of any development order which authorizes the construction of improvements. These include, but are not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this Planned Unit Development Document fails to provide developmental standards, then the provisions of the most similar district or requirement in the Collier County Land Development Code shall apply. Be Unless otherwise defined herein, or as necessarily implied by context, the def'mitions of all terms shall be the same as the def'mitions set forth in the Collier County Land Development Code in effect at the time of development order application. These applications include, but are not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Ce Development permitted by the approval of this petition will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. All conditions imposed herein or contained on the Master Plan for OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB PUD are part of the regulations which govern the manner in which the site may be developed. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 6/13/97-0479\0010.mcp 2-1 The project Master Plan, including layout of streets and use of land for various tracts, is iljustrated graphically by Exhibit "A", PUD Master Plan. Variations to the permitted land use designations and acreage within the project may be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other unforeseen site conditions. The specific location, size, and configuration of individual tracts shah be determined at the time of site development plan approval in accordance with Article 3 Division 3.3 of the Collier County Land Development Code, or its successor provision. 2.4 PROJECT DENSITY A maximum of 420 motorcoach lots shah be constructed in project areas indicated as "Motorcoach Lots" on the PUD Master Plan. The gross project density for the development will be approximately 4.49 motorcoach lots per acre. 2.5 ROADWAYS Roads and other infrastructure will be private. The Developer, his successors or assignee reserves the right to request substitutions to Code design standards in accordance with Section' 3.2.7.2 of the Collier County Land Development Code. The Developer shall create appropriate homeo,~er associations which will be responsible for maintaining the roads, streets, drainage facilities, and water and sewer improvements where such systems are not dedicated to the County. 2.6 SIDEWALKS One six-foot wide sidewalk shah be provided on one side of each street within this PUD and along Immokalee Road. 2.7 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the Land Development Code, subject to meeting the County fetch formula controlling maximum depth; however, removal of fill from OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.8 USE OF RIGHTS-OF-WAY 6/13197-0479\0010.mcp Utilization of the rights-of-way and easements for landscaping, decorative entrance ways and signage shah be permitted subject to review and approv.a~-A~y ~Colli~r 2-2 ~ County Development Services Director for engineering and safety considerations during the review process and prior to any installations. 2.9 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shah be designed in accordance with Division 2.3 of the Collier County Land Development Code. 2.10 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shah be performed in accordance with the Collier County Land Development Code and the standards and commitments of this document. 2.11 LANDSCAPE BUFFERS Landscaping and buffering shah be provided as required in Division 2.4 of the Collier County Land Development Code unless specified in this document. All buffer setbacks shah be measured from platted lot boundaries. 2.12 SIGNS Minimum standards for signs shah be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time f'mal local development orders are requested. 2.13 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD Document or PUD Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code, or its successor provision. 2.14 ASSOCIATION FOR COMMON AREA MAINTENANCE The developer shah provide for the perpetual care and maintenance of aH common facilities and open spaces. However, if the property is to be subdivided into any individual tracts or lots to be transferred to another entity, then in that event, the developer shah create a property owners' association whose function shall include provision for the perpetual care and maintenance of aH common facilities and open spaces subject further to the provisions contained herein. Said property owners association shah provide restrictive covenants governing the use of the common facilities and open space and shah provide an assessment process for funding the maintenance and care of said facilities. 2.15 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL 6/13/97-0479\0010.mcp ~. ' ~ This PUD is subjtct to the sunsetting provision as provided for within Section 2.7.3.4, of the Collier County Land Development Code. 2.16 PUD MONITORING An annual monitoring report shah be submitted pursuant to Section 2.7.3.6, of the Collier County Land Development Code. 2.17 SUBDIVISION APPROVAL The review and approval of all subdivisions within the Project shall follow the design and development standards and review procedures in Article 3 of the Code in effect at the time of development approval. The developer reserves the right to request substitution of design standards and request deviations pursuant to the Code to the standards set forth in applicable regulations. 2.18 SITE DEVELOPMENT PLAN APPROVAL 2.19 The provisions of Article 3, Division 3.3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees. Impact fee credits shall be granted to the Developer in accordance with Section 3.06 of the Road Impact Fee Ordinance 92-22. 2.20 EASEMENTS FOR UTILITIES All necessary casements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.21 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60% open space requirement for development as set forth in Section 2.6.32.2 of the Collier County Land Development Code. Open space shah include all pervious greenspace within development parcels and lots. 2.22 POLLING PLACES This PUD is subject to the provisions in Section 2.6.30, Division 2.6, Article 2 of the Collier County Land Development Code. i ...... ~:~dt,~. ~ ~ ~.~ ...... 6/13/97-0479\0010.mcp 2-4 SECTION III MOTORCOACH RECREATIONAL VEHICLE USE 3.1 PURPOSE The purpose of this section is to identify permitled uses and development standards for areas within OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB designated on Exhibit "A", PUD Master Plan as "Motorcoach Lots (ML)". 3.2 MAX/MUM LOTS A maximum number of 420 motorcoach lots are allowed in the area designated "Motorcoach Lots" on the PUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "Motorcoach Lots" on the PUD Master Plan are designed to accommodate only motorcoach vehicles asdef'med in this document. The approximate acreage of the "Motorcoach Lot" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Motorcoach tracts are designed to accommodate internal roadways. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or !and used, in whole or part, for other than the following: A. Principal Uses: Motorcoach Vehicles - as defined herein. One (1) motorcoach vehicle per lot. Definition - These vehicles shall be defined as those vehicles which have been categorized by the Recreational Vehicle Industry Association of America (RVIAA), and the Family Motorcoach Association (FMA), as Class "A" or Class "C" "Motorcoaches" and/or factory customized bus conversions, that: (a) are mobile, in accordance with the code of standards of the RVIAA and FMA; (b) are self-propelled, and 3-1 Be 0 6/13/97-0~79\00 ! O.rncp completely self-contained, vehicles which include all the conveniences of a home including, but not limited to, cooking, sleeping and bathroom facilities; (c) are structured so that the driver's seat is accessible from the living area in a walking position, but not necessarily in an upright position; (d) contain a minimum interior height of 6 feet in the living areas; (e) have a minimum length of 24 feet, a maximum length of 45 feet and a maximum width of 102 inches; (f) have a fLxed roof, as opposed to the "pop-up" variety. A "Motorcoach" shall not be construed to include any type of trailer or camper which may be pulled by, or attached to, an automobile or truck in order to be moved from place to place, nor any type of truck with a room-like addition carried on the truck bed. - -- Any Class "A" or Class "C" motorcoach that contains a "slide-out" room addition is acceptable under this definition. Additionally, any Class "A" or Class "C" Motorcoach that has an entertainment center, bar, barbecue, television, sink, ice maker, or cabinet that is an integral part of the Motorcoach, and is built into the storage bays or the sub- basement, and which may or may not slide out on cantilevered rails is permissible under this definition of acceptable Motorcoaches. Community center/clubhouse(s) with associated recreational facilities including but not limited to snack bar, swimming pools, tennis courts, picnic areas, and shuffleboard courts. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "Motorcoach Lot" District. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district including guard gate and administration buildings, service/maintenance buildings including bathrooms, storage, laundries and similar services for residents of the resort. A barbecue/entertainment center/storage structure not to exceed an area of one hundred (100) square feet; Any such structure may be located adjacent to its associated recreational vehicle in compliance with the setbacks provided in Section 3.5. C. of this document. Water management facilities and lakes. 3-2 3.5 3.6 3.7 DEVELOPMENT STANDARDS A. Minimum Lot Area: 2800 square feet Minimum Lot Dimensions: Width: Average of 40 feet Depth: Average of 70 feet Minimum Yard Setback of Driveway and Pad: Front: Ten (10) feet Side: Seven (7) feet on one side; Three (3) feet on the second side Rear: Eight (8) feet, five (5) feet for an entertainment center/barbecue grill/storage structure. From Immokalee Road: Fifty (50) feet From buildings or structures: Ten (10) feet, no setback from and enclosed storage structure adjacent to its associated motorcoach vehicle. REQUIRED FACILITIES A. Electricity, central water and sewer, and telephone shall be made available to each motorcoach lot. B. Trash containers, such as dumpsters, shall be located in the maintenance areas easily accessible. C. An enclosed space shall be extinguisher in operable condition telephone is available for public use. open at all times wherein a portable fire and fh'st aid equipment is available, and a OFF-STREET PARKING REQUIREMENTS Parking for the Motorcoach lots shall be as set forth in Section 2.3.16 of the Collier County Land Development Code, "Travel trailer/recreational vehicle park campsite" or its successor provision. Parking for the community center/clubhouse use shall be computed at 25% of the normal requirements set forth in Section 2.3.16, of the Collier County Land Development Code. 6/13/97-0479\0010.mop 3-3 3.8 3.9 3.10 REQUIRED BUFFERS A. A buffer strip at least fifteen feet (15') wide shall be provided on the east, west and south ~ property boundaries. This wall may be constructed in phases which coincide with the phasing of the project. A perimeter berm and swale may be permitted within the buffer. B. A buffer strip at least twenty feet (20') wide with an opaque wall and landscaping shah be provided along Immokalee Road. The opaque wall and landscaping combined will create a visual screen between lmmokalee Road and the motorcoach lots. A perimeter berm may be permitted within this buffer area. C. A landscape buffer shah be required between recreation areas and motorcoach lots. COMPLIANCE WITH COUNTY CODES Standards for landscaping, signage, lighting, and other !and uses not specified herein shall be in accordance with the Collier County Land Development Code in effect at the time of project plan approval as specified in this document. PERMANENT LOCATION OF MOTORCOACH VEHICLES No permanent residency is allowed. A covenant running with the !and shall be recorded in the Public Records of Collier County refer. encing the PUD's restriction on permanent residency. A maximum stay per vehicle shall be six (6) months. Lot Ownership: The developer shall include in the title transfer document a covenant attesting to the fact that the !or cannot be used as a place of permanent occupancy and that the maximum stay per vehicle is six months. The lot owner or user is responsible for registering his or her vehicle's arrival and departure with the manager of the resort. Failure to register will hold the lot owner or user responsible for any penalties imposed by Collier County. 6/1319~-0479\0010.mcp 3-4 4.1 4.2 SECTION IV GOLF COURSE PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTRY CLUB designated on Exhibit "A", PUD Master Plan as "Golf Course (GC)". PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Golf Course Parks, passive recreational areas, boardwalks, observations platforms. Pedestrian walkways, biking, hiking, health and nature trails. e Water management facilities and lakes, including lakes with bulkheads and other types of architectural bank treatment, and essential services. e Lighting and sign'age. e Any other principal use or activity which is comparable in nature with the foregoing uses and which the Developmeat Services Director determines to be compatible in the "Goff Course" District. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district. Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, including maintenance area and pump houses, rain shelters, and rest rooms. 4-1 4.3 DEVELOPMENT STANDARDS A. Overall site design shall be harmonious in terms of landscaping with the motorcoach lots. G. No additional parking shall be required for the golf course use. 4-2 SECTION V PRESERVE AREAS 5.1 5.2 PURPOSE The purpose of this Section is to preserve and protect native vegetation and naturally functioning habitat. USES PERMITTED No building or structure or part thereof, shall be erected altered or used,__or land used, in whole or in part, for other than the following, subject to State and Federal permits when required: A. Principal uses: 1.' Open space/natural preserves 2o Walkways golf cart pats, and boardwalks subject to appropriate approvals by permitting agencies. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the preserve areas. 6/13/97-0479\0010.mcp 5-1 6.1 6.2 6.4 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments of the project. WATER MANAGEMENT Ae An excavation permit v~ll be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District (SFWMD) rules. B. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. ENGINEERING This project shall be required to meet all County Ordinances in effect at the time f'mal construction documents are submitted for development approval. TRANSPORTATION Ao The developer, his successors or assigns, shall be responsible for the construction of turn lanes (both left turn and right turn as permitted or required by the Transportation Department of the Public Works Division) at the project entrance in accordance with Ordinance 93-64. The developer, his successors or assigns, shall be responsible for the installation arterial level street lighting at all project entrances. Co The County reserves the right to restrict and/or modify the location and use of median openings in accordance with Resolution 92-422, Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. The County's Five-Ten Year Work Plan indicates that Immokalee Road will be improved from two lanes to four lanes beginning in 1999. Based on the need for these improvements, the applicant shall dedicate 50 feet of property for use as a road right-of-way along the south side of Immokalee Road. Impact fee credits shall be granted for such dedication in accordance with Ordinance 92-22, as amended. In the case that the development's right turn lane necessi'.~r~es~ ~. ~ 6-1 He Jo additional right-of-way beyond the fifty feet (50') of the road right-of-way, developer shall dedicate up to 12' of compensating right-of-way to the County. This dedication, if required, shall be done before any certificates of occupancy are issued. No impact fees credits will be considered for this dedication. Road impact fees shall be paid in accordance with Ordinance 92-22, as amended, and shah be paid at the time building permits are issued unless otheraSse approved by the Board of County Commissioners. The Golf Course Impact Fee will be paid prior to the approval of the Golf Course SDP. Construction of turn lanes under the two-lane condition or a four-lane condition (whichever is existing at the time of development of Phase One), and installation of street lighting are infrastructure requirements to be completed as a condition the issuance of any certificate of occupancy and are the responsibility of the developer. The time-frame for the twenty-five foot (50') right-of-way dedication should be within 180 days of BCC approval or prior to the start of infrastructure improvements, whicliever occurs first. The value of the right-of-way Should be based on the County Appraiser's fair market value but in no case shall be less than the petitioner's purchase price prior to zoning approval. Impact fee credits shall be granted for such dedication in accordance with Ordinance 92-22, as amended. The developer will be required to pay a proportionate share of any traffic signal improvements warranted at the entrance to the project. The signal vdll be designed o,a~ed and operated by Collier County The fair share proportional cost for the side/walk paths along the .frontage of the development (Immokalee Road & Woodcrest Drive), as required by the LDC subsection 3.2.8.3.17.6, shall be provided at the time of the right-of-way permits is issued, or at anytime otherwise deemed appropriate by Collier County. No Certificate of Occupancy shall be issued for any motorcoach site until the four-laning of Immokalee Road between 1-75 and Collier Boulevard (CR. 951) is Completed. 6-2 6.5 HISTORICAL/ARCHAEOLOGICAL If, during the course of site clearing, excavation or other construction activity, a historical or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Furthermore, the procedures of Section 2.2.25.8.1 of the LDC shall be followed. 6.6 ENWIRONMENTAL Ae Petitioner shall retain twenty five (25) percent of the native vegetation on site as required by Section 3.9.5.5.3 of the Collier County Land Development Code. For this PUD, a minimum of 23.4 acres shall be retained on site. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to f'mal site plan/construction plan approval. This plan shah include methods and a time schedule for removal of exotic vegetation within Conservation/preservation areas. 6.7 GENERAL All perspective purchasers must be notified that a land mining operation with periodical blasting occurs on the north side of Immokalee Road. The purchasers agree not to complain about aforementioned activities, unless such activities exceed County or State Regulations. 6-3 EXHIBIT "A" ---- FINDINGS FOR PUD PUD-2000-04 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' comp',iance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Findin_~: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD Document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon' Evaluation not applicable. Summary Finding' Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject properly is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Residential on the Future Land Use Map to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at a density of 4 units per acre and 12 units per acre for travel trailer park. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density - Approval would authorize 420 units whose density would be 4.49 units per acre. This is consistent with the density rating system to the FLUE which allows up to 12 units per acre for travel trailer parks. Land Use - The urban residential Subdistrict allows all residential structure types including travel trailer parks and oth'er uses normally found in a residential environment such as recreational accessory uses. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TCE. Recreation and Open Space Element - Sixty (60%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 60% for residential PUDs exclusive of that open space related to actual residential development. Other Applicable Element (s) By virtue of development commitments and master plan development strategy, staff is of the opinion that the Outdoor Resorts of Naples PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. ProlCon: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. ProlCon: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 3 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ProlCon: Evaluation not applicable. Summary_ Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con' Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of' the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because Supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. ProlCon: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. REZONE FINDINGS PETITION PUD-2000-04 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed residential density of 4.49 dwelling units per acre is consistent with the Density rating System of the GMP that provides for a maximum permitted density of 12 dwelling units per acre for travel trailer parks. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land. Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: To the south this property borders Crystal Lakes PUD which are travel trailer developments. This property is also adjacent to agricultural lands on the remaining sides with a golf driving range to the east and an earth m~ning activity to the north. Con: None. Summary Findings: Evaluation not applicable. The possible creation of an isolated district unrelated to adjacent and nearby districts; . Pro: The proposed rezone is similar to the approved Crystal Lakes PUD to the south. Con: Evaluation not applicable. Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it will be adjacent to an existing travel trailer park. It is also consistent with expected land uses by virtue of its location within the "Urban Residential" area on the Future Land Use Element. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findin_~s: property to the south is zoned PUD and approved with similar type uses and density. In addition, the boundaries are logically drawn by virtue of the site's location within the "Urban Residential" area on the Future Land Use Element. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findings: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The Crystal Lakes PUD to the south contains similar type uses while the property to the north contains an earth mining activity. By virtue of this fact it is reasonable that one assume the potential exists for rezoning actions leading to additional residential units similar to the proposed PUD zoning district. = (ii) Recommended mitigation actions made as a condition of approval will go a long way towards off-setting any potential adverse influences on the residential communities in the area. Con: (i) The additional dwelling units could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties.. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable provisions of the Traffic Circulation Elements. (ii) The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. 'Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic' management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; 3 10. Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and Construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; __ Pro: The proposed travel trailer development conforms to the similar TTRVC development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: .None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions~ etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and east sides. Con: None. 12. 13. 14. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findin.qs: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County.; 5 15. 16. 17. Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are other sites, which are zoned to accommodate the proposed resort development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The 'determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Finding.s: Physical alteration is a product of developing vacant land which cannot be avoided. The impact of development on the availability of. adequate publ!c facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 7~ 2000 Item V. II. III. IV. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-00-04 Outdoor Resorts of Naples, A Motorcoach Country Club, PUD Outdoor Resorts of America Keene Engineering Collier Environmental Consultants, Inc. LOCATION: The subject property is an undeveloped 93.5 acre parcel located on the south side of Immokalee Road, approximately 1/2 mile east of County Road 951, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties classifications. ZONING are mostly undeveloped with the following zoning DESCRIPTION Agricultural R.O.W. Agricultural (Mule Pen Quarry) Undeveloped Immokalee Road Active PUD (Crystal Lake RV Resort) Agricultural Developed Undeveloped E - Agricultural Undeveloped W - Agricultural Undeveloped Golf Driving Range PROJECT DESCRIPTION: The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a maximum of 420 recreational vehicle units for a density of 4.49 units per acre. This PUD will also provide accessory facilities such as pools, recreational areas, snack bar, clubhouse and community buildings. Approximately 18.65 acres of the site will be devoted to preserve. The preserve area will allow boardwalks, landscape buffers and nature trails: The PUD Document contains language regarding residency restriction, which is similar to the language contained in the Land Development Code. GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The requested density of 4.49 units per acre is less than that'which the site is eligible to receive under the Future Land Use Element (FLUE) of the Growth Management Plan (12 dwelling units/acre), therefore, this petition is consistent with the density provision of the Growth Management Plan (GMP). The FLUE permits travel trailer recreational vehicle parks within the Urban Designated areas, subject to compatibility with surrounding properties and that the site has direct access to an arterial roadway. The proposed Outdoor Resorts of Naples PUD is consistent with the GMP. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the pro15osed project will generate approximately 1,327 Weekday trips and 189 PM Peak Hour trip ends. The TIS indicates that the project trips will not exceed the significance test (5 percent of the LOS "C" design volume) on Immokalee Road within the project's radius of development influence. However, this segment is projected to operate below its adopted level of service at the build-out of this project. Since the site-generated trips do not exceed the significance test, this project is consistent'with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation and Open Space: The Collier County Land Development Code requires open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through: PUD development commitments. ~ Utility and Water Management: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. MAJOR ISSUES: Water Management: The project site is located within the Cocohatchee River drainage basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the. existing Immokalee Road roadside swale. The site is located within FEMA Flood zone X per F.I.R.M. 120025 0225D, map revised June 3, 1986 per survey information. The Water Management System for the project proposed the construction of a perimeter berm with the crest elevation set at or above the 25-year, 3-day peak' flood stage. Water quality pretreatment is proposed in the onsite lake prior to discharge to the Immokalee Road swale outfall. The Water Management System will be permitted in accordance with all rules and regulations of Collier County and the South Florida Water Management District (SFWMD) in effect at the time of Final Site Development Plan Approval. Storm attenuation is required of this project with a peak allowable discharge rate of 0.04 CFS per acre. Additionally, the minimum roadway centerline, perimeter berm and finished floor elevation criteria of these agencies shall be satisfied. Environmental: Site Description: The subject property is an undeveloped 93.5 acre parcel. Native habitats found on site consist mainly of pine flatwoods and pine-cypress-cabbage palm. There is also an area of cypress located in the northern half of the property near Immokalee Road. Three soil types occur on the subject property; Oldsmar fine sand, limestone substratum (Unit 10), Hallandale fine sand (Unit 11), and Riviera fine sand, limestone substratum (Unit 18). Soil Map Unit 18 (Riviera fine sand, limestone substratum) is listed as hydric by the Natural Resources Conservation Service. A map and aerial photograph showing the location of all the soil types found on site are included in the EIS. According to the Water Management District map provided in the EIS, natural elevations on site range from 13'.2 fL NGVD to 14.8 fl. NGVD. The wet season water table was found to vary from below ground surface to approximately four inches above ground as evidenced by adventitious rooting on Melaleuca trees and lichen lines. The proposed control elevation for the project is 13.4 fl. NGVD. Wetlands: Potential jurisdictional wetlands total 68.66 acres out of 93.54 acres or 73% of the total site. In order to offset adverse environmental impacts resulting from development activities in wetlands, the petitioner proposes to restore and preserve 15.18 acres of the wetlands on site:-. Restoration will include hydroperiod enhancement, exotic vegetation removal and supplemental plantings within areas devoid of vegetation, once exotics are removed. Approximately 3.47 acres of uplands will also be retained in these preserve areas. Off site mitigation will most likely be required as well, the ratios of which will be determined by the South Florida Water Management District (SFWMD) during the Environmental Resource Permit (ERP) review process. Preservation Requirements: The applicant is proposing to preserve 15.18 acres -of wetlands and 3.47 acres of uplands as preserve areas. An additional 4.98 acres of'native vegetation will also be retailed or replanted in buffers. This meets the 25% native vegetation retention requirement pursuant to section 3.9.5.5.3 of the Land Development Code. Listed Species: A threatened or endangered species survey of the subject property was conducted dur/ng the months of August and September 1998. Established transects were oriented north-south and east-west and superimposed on an aerial map of the site. These transects were ground-located and walked by compass bearing. Early morning (0730-1000), mid-day (1100-1500) and late-day (1500-1800) time periods were chosen to survey these transects. This survey was conducted daily for a minimum of five days. All possible species of plants and ammals listed by state and federal agencies were surveyed for .... No listed species of wildlife were found during the survey. Several species of plants that are listed by governmental agencies were found on the property. These include wild pine (Tillandsia spp.) and butterfly orchid (Encyclia tampensis). These plants are listed by the state of Florida primarily due to commercial value. Since the original threatened and endangered species survey was conducted, an additional 29.5 acres were added to the project site. This new acreage was assessed during the month of January 2000. Approximately 28 hours of field work were spent on the addition. Of these about 15 hours were spent looking for listed species. No threatened or endangered species were found during this survey. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development "Outdoor Resorts of Naples, A Motorcoach Country Club, following stipulations: No. PUD-00-04 PUD" with the Water Management: A SFWMD surface Water Management permit must be obtained prior to SDP or subdivision approval. Environmental: No additional stipulations. PREPARED BY: ·//-' STAN SENIOR ENGINEER STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER r/ iz/ . ! ..,."' THOMAS E. KUC~ P.E. ENG~E~G ~VIEW M~AGER ao~ F. C~~ PLUG ~AGER DATE DATE DATE DATE %-let DATE PLANNING SERVICES DIRECTOR DA~FE APPROVED BY: VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT ADMINISTRATOR ENVIRONMENTAL DATE SERVICES S L/gdh/c: StaffReport APPLICATION FOR PUBLIC HEARING FOR:, '.~,_ Date Petition Received: UL., c::; ,,:.:.'~.:~ ; .: ~. :. ~ 2./ t' ' ---;- ' Commission District: Planner Assigned:,: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address City State 'TL"z. :/,.' Zip .-~ "7 Applicant's Telephone # / - c6'-t.('- ~ ~-i'i- ~ ~'"' · :-) >~Fax # Nam9 of Agent -L ,', ,,-xl "i (:-" 't ~. ,~ ct ,:~, ~f Firm Agent's Mailing Address 2 ?.. 7 K_ city /t,'.~l ~' l,': _~ Agent's Telephone # '? '/ci .- zt,i I I Stale 4~/ Zip . :c/ //2 Fax #--/'1 5'. '; '-1~36' COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVF_,-N~L~, FL 34104. PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC ltl~tl~lNG FOR I~UD RF_,7~NI~, . PAGE 1 OF 16 Disclosure of Interest Information: a. if the property is owned fee simple by an [ND~U~, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (LSse additional sheets if necessm-y). Name and Address Percentage of Ownerskip If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Addre.~, aad Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest Name and Address Percentage of latereat' AI~PLICATION FOR PUBLIC HEARING FOR PUD RKZONR . S/9S PAGE 2 OF 16 If the proper~y is in the name of a GENERAL or LIMITED PARTNERSH/P, list the name of the general and/or limited partners. Name aad Ad&~ss Percentage of Ownersh/p If there is a CONTRACT FOl~ PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, 'stockholders, beneficiaries, or partners. Name and Ad&~s Percentage of Ownership Date of Contract: [i A ~L[ C 'c~ % If any contingency clause or contract terms involve additional parties, individuals or officers, ira corporation, parmership, or trust. list all Nmm: ~nd Addr~s Date subj~,t property acquired ( ) leased ( ): Term of lease . yrsJmos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - Stag PAGE 3~F }6 .... ~-- -' ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request- involves change to more than one zoning district, include separate legal description for property involved in each district. AppLicant shall submit four (4) copies of a recent survey (completed within the last. six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning. the legal description, an engineer's certification or sealed survey may be requked. Section: ~ L,., Township: ~' t (*~ Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Size of property; Address/general location of subject property; 6. Ad_iacent zoning and land use: N C APPLICATION ~R PUBLIC H~G FOR PUD RE~NE - ~ Zoning Land use PAGE 4 OF 16; . f&" . Does the owner of the subject property own property contiguous to the subject property? If so, ~ive complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Kange: Lot: Block: Subdivision: Plat Book Page #:__ Propen7 I.D.#: Metes & Bounds Description: Rezone Request: This application is [~questing a rezone from the zoning district(s) to the\), (~ , zoning district(s). Preseat Use of the Property: Proposed Use (or range of uses) of the property: Evaluation Criteria: Pursuant to Section 2.7.2.5 and See. 2.7.3.2.5 of th6 Collier County Land Development Code, stat~s analysis and recommendation to the Planning Commimion, and the planning Commi~sion's recommendation to the Board of County Com'missioner~ shall be b~ed upon comideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. .~ Standard Rezone Considerations (LDC Section 2. 7.2. 5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. ; 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. APPLICATION FOR PUBLIC lIKARING FOR PUD REZONE * S/98 PAGE 5 OF 16 F/e/I, ~_ {)...~t'v ,'_~L i!~.~\~ ,'L,~&_rL\ g first duly ~o~, depose and say that a~are the owners of the prope~ d~c~bed herein and which ~-the subject matter of the proposed heaHng; that all the amwers to the qu~tiom in th~ appli~aon, including the disclosure of inter~t infomation, all s~tch~, data, and other supplementa~ matter attached to and made a pan of th~ appli~tion, are hon~t and ~e to the .b~t of our ~owledge and belief understand t~t the infomation requited on th~ application m~t be complete and acerate and that the content of th~ fo~, whether computer generated or Coun~ pHnted shall not be altered. Public hearings will not be adven~ed until th~ application is deemed complete, and all required info~ation h~ been submitted. ~ our/my repr~entative in any matters regarding th~ Petition. ature of Property ~ Own~r Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner .The foregoi,.ng_in~trument was acknowledged before me this .:: ~-' ~..~l.9 ,I ,, ' · 'T'ti~ , State of Florida County of Collier ,' ,' , who is personally known to me or h~s produced as ~dentiJ~cation. Publi~ - State of APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - S/98 ,6 ov ,66 t' EXECUTIVE SUMMARY PETITION PUD-2000-05 MICHAEL R. FERNANDEZ, AICP OF PLANNING DEVELOPMENT, INC. REPRESENTING JOHN J. NEVINS, BISHOP OF THE DIOCESE OF VENICE REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE MISSION CHURCH. THE SUBJECT PROPERTY IS AN UNDEVELOPED 35.56 ACRE PARCEL LOCATED AT THE NORTHEAST INTERSECTION OF VANDERBILT BEACH ROAD AND COLLIER BOULEVARD (CR-951), IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting to rezone the above described land from its current zoning classification of "A" Rural Agricultural to "PUD" planned unit development for a church and a private school. CONSIDERATIONS: The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a church and church related activities including a private school for up to 250 students and related uses. The site will contain a 5.33-acre preserve. The preserve area will allow boardwalks, landscape buffers and nature trails. This petition was reviewed by the Collier County Planning Commission on June 1, 2000 and by a vote of 8-0 they recommended approval. The Environmental Advisory Council reviewed this petition on May 3, 2000 and by a vote of 7-1 they recommended approval. No one spoke against this petition and staff has not received any letters of opposition. This petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: This is a 50,000 square feet church with a school with 250 students; the following Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Total $190,000.00 $13,845.00 $30,000.00 $4,450.00 $238,295.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development 1 review process. Whereas utility fees are based on their proportionate share of impact to the County system. The above discussion deals with revenue schemes. Of course, if the property is developed as proposed, there will be impacts on Public Services and Infrastructures which will offset the revenues generated. It should be appreciated that, not withstanding fiscal impact relationship, development takes place in an environment of concurrency. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities or enhancements to raise the level of service. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads, which may have geographic concurrency implications. GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: This property is designated Urban (Urban-Mixed Use District, Urban Residential Sub- district), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This sub-district permits non-residential uses such as churches and schools. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 700 Weekday trips and 281 PM Peak Hour trip ends and 1,195 Sunday trips. The TIS indicates that the project trips will not exceed the significance test ( 5 percent of the LOS "C" design volume) on Collier Boulevard within the project's radius of development influence. However, this segment is projected to operate below its adopted level of service by 2004. Since the site-generated trips do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation and Open Space: PUD development commitments provide open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. 2 Utility and Water Management: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION TO THE EAC AND THE CCPC: Staff recommended that the both advisory bodies review PUD-2000-05 and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was reviewed by the EAC on May 3, 2000 and by a vote of 7-1 recommended approval. One of the Council members was concerned about the loss of wetlands and voted against this petition. PLANNING COMMISSION RECOMMENDATION' The Collier County Planning Commission reviewed this petition on June 1, 2000 and by a unanimous vote (8-0) recommended approval. 3 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE R.,EVI ED B,Y:,, F(O~A'LD F.' NINI~C~P, MANAGER CURRENT PLANNING SECTION ROBERT J. MULHERE, PLANNING SERVICES AICP, DIRECTOR DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 4 AGENDA ITEM 7-H TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MAY 11,2000 PETITION NO: PUD-2000-05 OWNER/AGENT: Agent: Michael R. Fernandez, AICP Planning Development, Inc. 5133 Castello Drive Suite # 2 Naples, FL. 34103 Property Owner: John J. Nevins, Bishop of the Diocese of Venice C/O St. John the Evangelist Catholic Church 625 11 lth Avenue North Naples, FL. 34108 REQUESTED ACTION: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "A" Rural Agricultural to the "PUD" Planned Unit Development District for a house of worship and educational facilities. GEOGRAPHIC LOCATION: The subject property is an undeveloped 35.56 acre parcel located at the northeast intersection of Vanderbilt Beach Road and Collier Boulevard (CR. 951) in Section 35, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: -1- The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a church and church related activities including a private school for up to 250 students and related uses. The site will contain a 5.33-acre preserve. The preserve area will allow boardwalks, landscape buffers and nature trails. SURROUNDING LAND USE AND ZONING: Existing: The subject site is undeveloped and is currently zoned "A" Rural Agricultural. Surrounding: North - Vacant, zoned "A" Agricultural East - County Water Treatment Plant, zoned "A" Agricultural West - Drainage canal and Collier Boulevard ROW. South- Vanderbilt Beach Road extension ROW, vacant and single family residences, zoned "E" Estates. GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: This property is designated Urban (Urban-Mixed Use District, urban Residential Sub- district), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This sub-district permits non-residential uses such as churches and schools. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 700 Weekday trips and 281 PM Peak Hour trip ends and 1,195 Sunday trips. The TIS indicates that the project trips will not exceed the significance test ( 5 percent of the LOS "C" design volume) on Collier Boulevard within the project's radius of development influence. However, this segment is projected to operate below its adopted level of service by 2004. Since the site-generated trips do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation and Open Space: The Collier County Land Development Code requires open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re- vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. -2- Utility and Water Manaqement: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition was reviewed by the EAC on May 3rd, 2000 and by a vote of 6-1 recommended approval. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The list of criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The following are StafFs findings for this PUD petition: Relationship to Future and Existinq Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrates a church, school, related parking, lakes and preserve areas. The surrounding area consists of developed and vacant properties. Most surrounding properties are zoned to allow low density developments. These densities range from I unit per five aces in the Rural Agricultural District; 2.48 dwelling units per acre in the Vanderbilt Country Club PUD to the east; 4 dwelling units per acre in the Golden Pond PUB to the west and Buck's Run PUD, to the north, and 1 unit per 2.25 acres in the Estates area to the south. The preserve areas of this PUD encompass 5.33 acres. With landscape buffers and lakes this PUD will have over 30 percent of the property allotted to open space. Development standards for this development are generally consistent with the standard of commercial zoning districts. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that adjacent land will be used for urban residential purposes. It is staffs opinion that the proposed church and school are compatible with the development trends in this area except as otherwise conditioned above. Therefore, staff is supportive of the proposed church PUD. Regarding the matter of timing, it should be appreciated that urban commercial developments exist within close proximity of the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE of the GMP. Traffic: -4- This project fronts on Collier Boulevard. The Traffic Impact Statement (TIS) classifies Collier Boulevard as a 2 lane arterial road. The TIS indicates the proposed uses will generate approximately 700 trips on a weekday and 1,195 trips on Sundays. Based on this data, the number of vehicular trips generated by project will not exceed the significance test (5 percent of the LOS "C" design volume) on Collier Boulevard. However, this segment is projected to operate below its adopted level of service by 2004. Since the site-generated trips do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Infrastructure: The subject property is served by the County water and sewer system. However, storm water management will be provided on site. Community Infrastructure and Services: This rezone is for a church and related accessory uses including a school. Community Infrastructure and Services criterion is not applicable to this rezone. PUD Document and Master Plan: PUD Document: The Mission Church PUD Document is modeled after a County Planning Services model PUD Document. The PUD document provides the required format for addressing land uses, development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. The development standards regulating the placement of structures are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. Master Plan: The Master Plan is designed with two driveways, which will provide connection to Collier Boulevard from Vanderbilt Beach Road Extension. All committed road improvements shall be in place prior to the issuance of any Certificate of Occupancy for the project. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-2000-05 to the Board of County Commissioners subject to the approval conditions that have been incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. -5- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED B~Y: , '! RONALD F. NINO, AICP, MANAGER CURRENT PLANNING DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVEDB'Y: .-~ / , VINCENT CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE COLLIER COUNTY PLANNING COMMISSION' RUSSELL A. BUDD, CHAIRMAN Petition Number: PUD-2000-05' Staff Report for June 1st, 2000 CCPC meeting. This petition has been scheduled for June 23, 2000 BCC meeting. 6 // ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MAY 3, 2000 Item V. II. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: Planned Unit Development No. PUD-00-05 Mission Church PUD Bishop of the Diocese of Venice Planning Development, Inc. Collier Environmental Consultants, I~c. The subject property is an undeveloped 35.56 acre parcel located in the northeast comer of Vanderbilt Beach Road Extension and County Road 951 in Section 35, Toxvnship 48 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are primarily undeveloped with a Collier County xvater treatment plant to the east and some single-family residences in the area. ZONING N - PUD (Bucks Run) S - R.O.W. Estates E - Agricultural R.O.W. Agricultural DESCRIPTION Undeveloped Vanderbilt Beach Road Extension Partially Developed County Water Treatment Plant County Road 951 Undeveloped IV. PROJECT DESCRIPTION: Ve VI. The applicant requests to rezone the property in question from "A" Agricultural to Planned Unit Development (PUD) to allow for a church and a private school. This property consists of 35.56 acres. The Master Plan indicates that 5.33 acres (15%) of the land will be devoted to preserve and another 5.33 acres (15%) will be used as lakes and water management areas. The preserve area will allow passive recreational uses such as biking, hiking, nature trails and boardwalks. GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed-Use designated area on the Future Land Use Map of the Growth Management Plan. This district permits non-residential uses such as community facilities, including churches and schools. Therefore, this petition is deemed consistent xvith the Future Land Use Element of the Growth Management Plan. MAJOR ISSUES: Water Management: This project uses excavated lakes to provide for water quality retention and peak flow attention. The final discharge point is the SFWMD canal that runs north along the east side of C.R. 95 I. According to section 6.10 of the PUD Document the developer will submit a copy of the SFWMD permit prior to any Site Development approval. Environmental: Site Description: The project site is vegetated with a mixture of pine fiatwoods, pine-cypress- cabbage palm and mixed hardwoods with cypress. The majority of the wetland indicator species are located on the east half of the property, with pine flatwoods occupying the west half of the site. Ground elevations range from 10.7 feet to 13.0 feet above mean sea level. Three soils types occur on the subject property; Holopaw fine sand, limestone substratum (Unit 2), Chobee, limestone substratum, and Dania mucks, depressional (Unit 4), and Oldsmar fine sand, limestone substratum (Unit 10), Two of the soils types, Holopaw fine sand, limestone substratum (Unit 2), Chobee, limestone substratum, and Dania mucks, depressional (Unit 4), ar~ listed as hydric soils by the Natural Resources Conservation Service.,/c~,d') X, Vetlands: A wetland line has been previously established for the subject property and is shown on the boundary survey submitted with the rezone package. In order to evaluate the hydrology of the wetlands on site, the petitioner conducted a well monitoring program from August 8, 1999 to October 1, 1999. At no time during the monitoring program did surface water levels stay for any prolonged period above ground surface. The site appears to be drained by the canals in the area. In response to these findings, a request has been made by the petitioner to the South Florida Water management District (SFWMD) and the U.S. Army Corps of Engineers (ACOE) to reconsider the previously established wetland boundary. A copy of the support data submitted to these agencies is provided with this submittal. ~ Preservation Requirements: Fifteen percent (5.33 acres) of the native vegetation on site will be preserved as required by section 3.9.5.5.4 of the Collier County land development code. A portion of the retained vegetation will be in the form of a 50 foot buffer along the north property line that will align with the adjoining Crystal Lake PUD preserve. The remainder ~vill be preserved as a 200 foot wide area preserve area on the east side of the property. Listed Species: A threatened and endangered species survey for the site was conducted over a five-day period during the month of September 1999. Established transects were orientated north-south and east-west and superimposed on an aerial map of the property. All transects were walked at varying times from post-dawn & mid-day to pre-sunset hours. During the survey, no animals considered rare or endangered were identified. Several species of plants that are listed by governmental agencies were found on the property during the transect surveys. None found are considered rare. Several species of Tillandsia were found. Each is listed by the State of Florida primarily due to commercial value. /¥ RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-05 "Mission Church PUD" with the following stipulations: Water Manaaement: 1. A copy of the SWMD permit must be submitted to Collier County Development Services Division prior to any Site Development approval. Environmental: No additional stipulations. PREPARED BY: STAN CHRZANOWSKI, P.~, SENIOR ENGINEER STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II DATE DATE REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER T ( [NEERING REVIEW MANAGER R~5,~ ~ISF. Nn'40, AICP C/U~NT PLANNING MANAGER ~'~~~E~I!T~ .~M~h E t{E, AICP PLANNING SERVICES DIRECTOR 2, r I/--4r DATE DATE DATE DATE APPROVED BY: VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR SL/gdk/c:ts/StaftReport DATE ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA: BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8635S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTUREAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MISSION CHURCH LOCATED ON THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD EXTENSION (C.R, 862) AND COLLIER BOULEVARD (C.R. 951) IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 35.56 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fenandez, AICP, of Planning Development, Inc., representing John J. Nevins, Bishop of the Diocese of Venice, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Mission Church PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8635S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. /7 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J.CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Ma~3'~ M. Student Assistant County Attorney G/admiwPUD-2000-O5/2,24.00/CBdts -2- MISSION CHURCH for St. John the Evangelist Catholic Church A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: John J. Nevins, Bishop of the Diocese of Venice c/o Mr. An Kiney, St. John the Evangelist Church 625 111m Avenue North Naples, Florida 34108 Prepared By: Michael R. Femandez, AICP of Planning Development Incorporated 5133 Castello Drive Suite 2~ Naples, Florida 34103 941 / 263-6934 941/263-6981 fax PDI~F~ AOLCOM DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE EXHIBIT "A" 06.01.00 /f TABLE OF CONTENTS SECTION PAGE # of 14 TABLE OF CONTENTS & LIST OF EXHIBITS 2 STATEMENT OF COMPLIANCE 3 I PROPERTY OWNERSHIP & DESCRIPTION 4 II PROJECT DEVELOPMENT 6 III INSTITUTIONAL USE PLAN 9 IV PRESERVE TRACT 11 VI DEVELOPMENT COMMITMENTS 12 LIST OF EXHIBITS / ATTACHMENTS EXHIBIT B EXHIBIT B. 1 PUD Master Plan Location Map Page 2 of 14 STATEMENT OF COMPLIANCE The development of approximately 35.56 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Mission Church PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The institutional facilities of the Mission Church PUD will be consistent with applicable growth management planning objectives of each of the elements of the Growth Management Plan for the following reasons: The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services supports the Development's institutional program as described in Objective 2 of the Future Land Use Element. The project Development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The Project will be served by a complete range of services and utilities as approved by the County. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. The Project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The uses proposed by the PUD are consistent with the intent of the FUTURE LAND USE DESIGNATION DESCRIPTION SECTION of the Future Land Use Element which provides for churches, schools and other similar support facilities and services within its Subsection (IV)(VI). Page 3 of 14 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Mission Church PUD. LEGAL DESCRIPTION The subject property being: THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA: AS RECORDED IN O.R. BOOK 1122, PAGE 1547, PUBLIC RECORDS OF COLLIER COUNTY. THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 35.56 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of John J. Nevins, Bishop of' the Archdiocese of Venice, hereinafter jointly called "applicant or developer." GENERAL DESCRIPTION OF PROPERTY AREA A. The total site area is 35.56+/- acres and is located at the northeast corner of Vanderbilt Beach Road Extension and Collier Boulevard (CR. 951). This parcel is located within Section 35, Township 48S, Range 26E, Collier County, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. Page 4 of 14 1.5 1.6 1.7 PHYSICAL DESCRIPTION The subject property is relatively level with elevations between 11.7 feet and 12.7 feet above mean sea level with a few small depression areas with bottom elevations which are approximately a foot lower. Natural drainage is to the East and South with the perimeter roadways forming a berm around the site. Water management plans for the Project shall utilize lake detention areas and shall utilize the adjacent SFWMD drainage canal located west of the subject property for its outfall. The subject property has the following designation relative to flood - FEMA Flood Area Zone X, Firm Map 120067 0425 D; Dated June 3, 1986. PROJECT DESCRIPTION The proposed Development has an area of 35.56 + acres. The proposed Development is expected to consist of a house of worship, rectory, fellowship hall, school and educational facilities, administrative offices, outdoor recreational areas and parking. A minimum of 5.33 acres of existing vegetated area will be retained on site. The Project will be accessed from Vanderbilt Beach Road Extension. SHORT TITLE This Ordinance shall be known and cited as the "Mission Church Planned Unit Development Ordinance." Page 5 of 14 2.1 2.2 SECTION 1I PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the Project's plan of development, relationships to applicable County ordinances, the respective land uses included in the Project, as well as other Project relationships. GENERAL Regulations for development of the Mission Church PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, to which said regulations relate, which authorizes the construction of improvements. Where the regulations of'this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Mission Church shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits, the applicable provisions of other sections of the Land Development Code remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3. l 5, Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either SDP approval or building permit issuance applicable to this Development. This Project shall be required to submit a site development plan in accordance with Division 3.3 of the Collier County Land Development Code prior to the issuance of a building permit. Page 6 of 14 2.3 2.4 2.5 2.6 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES It is the Developer's intent to establish a Planned Unit Development. It is the purpose of this document to set forth guidelines for the future development of the Project that meet the accepted planning principles and practices and to implement the Growth Management Plan. This document will allow the Developer to focus development efforts within the constraints of its approval. This Development is expected to include: A house of worship, rectory, fellowship hall, school and educational facilities, administrative offices, outdoor recreational areas and parking. The Project Master Plan is iljustrated graphically by PUD Exhibit "B," PUD Master Plan. There shall be a single !and use tract, as iljustrated by Exhibit "B." In addition to the various areas and specific items shown in Exhibit "B," such easements, as necessary (utility, private, semi-public, etc.), shall be established within or along the Tract as may be necessary. DESCRIPTION OF PROJECT DENSITY At least thirty (30%) percent of the gross area shall be devoted to usable open space. The balance of the site may be utilized for institutional facilities. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general arrangement of land uses is shown on the PUD Master Plan. The Master Plan (Exhibit "B") is an iljustrative preliminary development plan. Design criteria and layout are iljustrated on the Master Plan and other exhibits supporting this document. It is understood that these exhibits are to remain flexible so that final design may satisfy development objectives and be consistent with the Project development, as set forth in this document. Changes and variations in building locations shall be permitted via review during the Site Development Plan approval process; subject to the provisions of Section 2.7.3.5.6, Division 2.7, Article 2 of the Collier County Land Development Code. The final size of the open space lands will depend on the actual requirements and building locations and configuration. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. Page 7 of 14 2.7 2.8 2.9 TIME LIMITS FOR APPROVED PUD MASTER PLANS The Mission Church PUD shall be subject to the time limits of Section 2.7.3.4 of the Land Development Code. POLLING PLACES This PUD is subject to the provisions in Section 2.6.30 of the Land Development Code. PUD MONITORING An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Page 8 of' 14 3.1 3.2 3.3 SECTION 1II INSTITUTIONAL USE PLAN PURPOSE The purpose of this Section is to identi~ specific accompany the PUD Master Plan, Exhibit "B." development standards that GENERAL A Regulations for development of the Mission Church site shall be in accordance with the contents of this document and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the standards of the most similar district in the Collier County Land Development Code shall apply. All definitions and interpretations of terms contained in the Collier County Land Development Code shall apply to those terms contained in this Ordinance. USES PERMITTED No other building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following uses: A. Principal Uses 1. A house of worship. B. Accessory_ Uses A community gathering hall for use by members and guests of the congregation. 2. A school and associated educational facilities. 3. Rectory. 4. Memorial Garden. C. Minimum Setback Standards 1. From all property lines: Twenty-five feet (25) feet The minimum distance between any two principal structures shall be a distance equal to one-half (1/2) the sum of their heights with the exception of bell towers or similar appurtenances. Page 9 of 14 D. Maximum Building Height Fifty (50) feet will be the maximum height of any building on this property, not including appurtenances typically associated with houses of worship, such as bell towers and flagpoles as set forth in the Collier County Land Development Code. Parking and Site Design A minimum of thirty (30%) percent of the required parking area shall be paved along with all driveways, access aisles and handicapped spaces. All parking areas must be considered paved for storm water purposes. The parking requirements for each phase shall be determined at the time of site development plan review, based on the most similar uses in the Collier County Land Development Code. Signage Requirements All signs shall be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time of Site Development Plan approval. Minimum Floor Area of Principal Structure 1. One thousand (1,000) square feet. Page 10of 14 SECTION V PRESERVE TRACTS 5.1 5.2 PURPOSE The purpose of this Section is to identify specific development standards for the area designated "PRESERVE" on the PUD Master Plan, Exhibit "B." USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or !and used, in whole or in part, for other than the following: A. Principal Uses: 1. Passive recreational areas. 2. Biking, hiking, nature trails and boardwalks. 3. Native preserves and wildlife sanctuaries. 4. Supplemental landscape planting, screening and buffering after appropriate environmental review. 5. Any other use deemed comparable in nature by the Development Services Director. Page 11 of 14 SECTION VI DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 6.4 PIn, POSE The purpose of this Section is to set forth the development commitments for the development of the Project. GENERAL All facilities shall be constructed in accordance with Site Development Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. The Developer, its successor or assignee, agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "B," PUD Master Plan, iljustrates the proposed Development and is conceptual in nature. Proposed land use designation areas shall not be construed to be final and may be varied at any subsequent approval phase such as at the time of site development plan application, subject to the provisions of the Land Development Code and amendments, as may be made from time to time. TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the following conditions: Arterial level lighting shall be provided at all Project entrances. Installation shall be in place prior to issuance of any certificates of occupancy. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. The improvements described within this Section, unless otherwise noted, are deemed site related and therefore are not eligible for impact fee credits. Page 12 of 14 6.5 6.6 6.7 6.8 Developer shall provide right and left turn lanes from Vanderbilt Beach Road Extension to the subject parcel as may be determined necessary by Collier County Staff. SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect neighborhood residential properties from direct glare or other interference. height of parking lot light poles shall be 24 feet. roadways and The maximum ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, if applicable, and shall be subject to review and approval by the Current Planning Section Staff. Removal of exotic vegetation within on site wetlands shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to Site Development Plan/Construction Plan approval. This plan shall include methods and the time schedule for removal of exotic vegetation within conservation and preservation areas. The Developer shall preserve a minimum of fifteen (15 ) percent of the total vegetated area yielding a minimum preserve area of 5.33 acres. Permitted uses within preserve areas do not preclude the requirement of preserving 5.33 acres of native vegetation. WATER MANAGEMENT A copy of the approved South Florida Water Management District (SFWMD) Surface Water Permit, if applicable, shall be submitted prior to any Site Development Plan approval. Page 13 of 14 6.9 UTILITIES Developer shall provide an 1,890 foot long easement to the County for the installation of a proposed water line and associated improvements. The length of the easement shall be measured from the southeast comer of the subject property. The width of the easement shall be 20 feet or less except for three areas of additional width to accommodate pump stations or supportive infrastructure. Compensation shall be in the form of a fee simple purchase or fee simple purchase in combination with impact fee credits as may be agreed upon by developer and County Staff. Page14of 14 LAND USE TABLE LAND USE APPROXIMATE ACREAGE PERCENTAGE CHURCH / SCHOOL ('INCLUDES INTERIOR LANDSCAPED AREAS') 24.18 68 ~ LAKES j H/A TEE' MANAGEMENT AREA INCLUDING L AND MA IN TENA NCE EA SEMEN TS 5. 33 15 % PRESERVE /' RETA/NED VEGETA T/ON 5. SS 15 ~ LOG TYPE D LANO~CAPED BUFFERS O. 72 2 ~ TOTAL 35.56 100 % OF PARCEL LAND USE NO TES.' 1. THE MINIMUM PERCENTAGE OF OPEN SPACE: ,70,,%'0 OF PARCEL = 10.67 ACRES. 2. A M/N/MUM OF 15 PERCENT OF THE SITE'S 35.56 ACRES OF E,,Y/STING VEGETATION SHALL BE RETAINED. THE LOCATION OF THE PRESERVE AREAS SHOWN MAY BE MODIFIED TO MEET PERMITTING' REQUIREMENTS AND DEVELOPMENT PROGRAMS PROVIDED THAT THE M/N/MUM AREA PROVIDED IS 5. Z,Z ACRES.FINALIZED LOCATION OF PRESERVES SHALL BE GRAPHICALLY LOCATED IN THE SUBMITTAL FOR SITE DEVELOPMENT PLAN ('SDP) APPLICATION. o I I - -~,~_.z:- -- '.,E-::---.T~ L OCA T/OH MAP FINDINGS FOR PUD PUD-2000-05 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for a church and a school within the urban area reduces the push on urban sprawl. The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD Document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon: Evaluation not applicable. Summary Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for institutional uses such as churches. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density- N/A. Land Use - The urban residential Sub-district allows institutional uses such as churches and schools. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TCE. 2 m e Recreation and Open Space Element - Thirty (30%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 30% for commercial and institutional PUDs. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Mission Church PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. ProlCon: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. ProlCon: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ProlCon: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. ProlCon: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. ProlCon: Evaluation not applicable. Summary Findinq: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. REZONE FINDINGS PETITION PUD-2000-05 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: To the south this property borders Estates zoned properties. This property is also adjacent to agricultural lands and residential PUDs on the remaining sides. Furthermore, churches and schools have traditionally been considered compatible with residential land uses that surrounding them. Con: None. Summary Findings:. Evaluation not applicable. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is for a church, which traditionally is considered compatible with residential uses. Con: Evaluation not applicable. Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is also consistent with expected land uses by virtue of its location within the "Urban Residential" area on the Future Land Use Element. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: The boundaries are logically drawn by virtue of the site's location within the "Urban Residential" area on the Future Land Use Element. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findings: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: Recommended mitigation actions made as a condition of approval will go a long way towards off-setting any potential adverse influences on the residential communities in the area. Con: The any new development could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable provisions of the Traffic Circulation Elements. (ii) The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas ~vhen the drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and 10. 11. construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed chumh conforms to the similar commercial development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and east sides. Con: None. Summary Findinqs: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives 12. 13. 14. 15. reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are other sites, which are zoned to accommodate the proposed resort development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings' Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. APPLICATION FOR PUBLIC HEARING FOR: PUDO0-05 ' ~ Petition No.' Date Petition Received: /3~/ , Commission District: Planner Assigne~ r../ ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): Johrt J Nevins. Bishop of the Diocese o_f Venice Applicant's Mailing Address:., c__/o St. John the Evangelist Catholic Church 625 111~ Avenue North City: Waples State: Florida Zip: 34108 Applicant' s Telephone #:941-566-8 740 Fax: 941-$66-2846 Name of Agent: Agent's Mailing Address: City: Naples Agent's Telephone #: Michael R, Fernandez. AICP Firm: 5133 Castello Drive. Suite 2 State: Florida 941-263-6934 Fax: Planning Development, Inc. Zip: 34103 941-263-6981 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES / CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FLORIDA 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary). APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page I Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address N/A City State __ Zip City State __ Zip City State __ Zip. Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip Disclosure of Interest Information; If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Page 2 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock John J. Nevins, Bishop of the Diocese of Venice 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries or partners. Name and Address Percentage of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address Date subject property acquired (X) leased ( ): 02/07/85 Term of lease n/a Yrs/mos If, Petitioner has option to buy, indicate date of option: n/a and date option terminates: ., or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 4 Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: .. 35 Township: 48S Range: 26E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00205880009 Metes & Bounds Description: The South ~/~ of the South i/2 of the Southwest 1/4 Qf Section 35. Township 48 South and Range 26 East. Collier CounO'. Florida. Containing 35.56 ±Acres. O.R. 1122, Page 1547 Size of property: 2,544ft. X 609 ft. =Total Sq. Ft. 1.549.2964- Acres35.56 4- Address/general location of subject property_: Northeast corner of Vanderbilt Beach Road Extension and Collier Boulevard (C.R. 951), Collier County, Florida Adjacent zoning and !and use: Zoning Land use N A-Agriculture Vacant s R/W Vanderbilt Beach Road Extension E PU Vacant / Count), Water Treatment Plant w SFWMD R/W Drainage Canal follo~ved by Collier Boulcn,ard (C.R. 95!) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 5 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Lot: Block: Plat Book Page #:__ Metes & Bounds Description: Subdivision: Property I.D.#: Range: Rezone Request: This application is requesting a rezone from the A - Agriculture zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: House o_f Worsh(v & Accessoo, Uses Eyllluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff s analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2. 7. 2. 5) 1. Whether the proposed change will be consistent with the goals, objectives, cmd policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation o. f an isolated district unrelated to adjacent and nearby districts. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 6 4. Whether existing district boundaries are illogically drcm,n in relation to existing conditions oll the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (fezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. ! 1. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. kVhether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used m accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree o. f site alteration which wouM be required to make the property usable for any of the range of potential uses under the proposed zoning class~ftcation. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 17. The impact o. f development on the availability o. f adequate public.facihties and services consistent with the levels qf service adopted m the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Orditmnce [Code ch. 106, art. II], as amended 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important m the protection of the public health, safety, and welfare. PUD Ref, one Considerations (LDC Section Z Z$.Z 5.t 1. The suitability of the area for the type and pattern of development proposed m relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shah be made only after consultation with the county attorney. Conformity o.f the proposed PUD with the goals, objectives atut policies of the growth management plan. The interna! and external compatibility of proposed uses, which conditions may inchMe restrictions on location of improvements, restrictions on design, and buffering atut screening requirements. The adequacy of usable open space areas m existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modtfications qf such regulations in the particular case, based on determination that such modtifications qf justtried as meeting public purposes to a degree at least equivalent to literal application o. f such regulations. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 8 9~ 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property.; To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested'for a specific use, provide fit~een (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structures(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], required yards, open space and preserve areas; proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8 of the Land Development Code (LDC), or a request for waiver if appropriate. APPLI~CATION FOR PUBLIC HEARING FOR PUD REZONE - $/98 Page 9 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 10 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals. MINOR TI$; Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Developmenl Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service. (LOS) 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe an>' proposal to mitigate the negative impacts on the transportation ~'stem 7. For Rezones Only: State how this request is consistent asth the applicable policies of the Traffic Circulation Element (TCE) of the Grox~ah Management Plan (GMP), including policies 1.3. 1.4, 4.4, 5.1.5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS), and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEAR1NG FOR PUD REZONE - 5/98 Page 11 TRAFFIC IMPACT STATEMENT {TIS) STANDARDS; The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing TraffiC: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDD: The TIS shall cover the least of the following two areas: a) b) an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Residential Distance 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49,999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399,999 Sq. Ft. 5 Miles 400,000 & Up 5 Miles In describing the RDI, the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. APPLICATION FOR PUBIJC HEARING FOR PUD REZONE - 5/98 Page 12 10. 11. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Bttckg_round Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map, or alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned / Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of approval. APPLICATION FOR PUBLIC HEARING FOR PlaID REZONE - 5/98 Page 13 STATEMENT OF UTILITY PROVISIONS FOR PUD REZQNE REOUEST Name of Applicant(s): Applicant's Mailing Address: John g. Nevins, Bishop of the Diocese of Venice c/o St. John the Evangelist Catholic Church 625 111ta Avenue North City: Naples State: Florida Zip: 34108 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. Section: 35 Township: 48S Range:. 26E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00205880009 Metes & Bounds Description: The South {/~ of the South ~/~ of the Southwest 1/4 Of Section 35, Township 48 South and Range 26 East, Collier County, Florida Containing 35.56 +Acres. O. IZ 1122, Page 1547. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable System): a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME: d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM [] 6. TYPE a. b. C. APPLICATION OF WATER SERVICE TO BE PROVDED: COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME: PRIVATE SYSTEM (WELL) FOR PUBLIC }lEARING FOR PUD REZONE - 5/98 x [] [] Page 14 7. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER - PEAK: AVERAGE DAILY: B. SEWER - PEAK: AVERAGE DAII.Y: IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: March, 2001 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to he used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the Collier County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. The Written Notarii:ed Statement r~,'"i[I be Provided Prior to Approval 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 15 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! ' REQUIREMENTS # SOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Cop5' of Deed(s) and list identifying Owner(s) and all 15 X Partners if a Corporation 3. Completed Ow'ner/Agent Affidax4t, Notarized 15 X 4. Pre-Application Notes/Minutes N/A X 5. Conceptual Site Plan N/A X 6. Environmental Impact Statement-(provided separately) 4 X Including Stormwater Management Plan 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utilits' Pro,dsions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical and Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Permits N/A X 12. Architectural Rendering of Proposed Structure(s) N/A X 13. Application Fee, Check shall be payable to Collier 1 Count5' Board of Commissioners 14. Other Requirements - 4 B0undarv Sun'ev $~cific Pumoses Survey As the authorized agent/applicant for this petition, I attest that all of the information indicated on thi~ checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. // Agcnt/ Applicant Signature Date APPLICATION FOR PUBLIC HEARiNG FOR PUD REZONE - 5/98 Page 16 A FFIDA VIT We /L John J. NeWns, Bishop of the Diocese of Venice being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We / I further authorize Planning Development Incorporated / .~ichael R. .Fernandez, AICP to act as our /my representative in any' matters regarding this Petition. Sigtrature oj4~roperty Owner John J. Nevins, Bishop of the Diocese of Venice Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 2rid day of.S. eptember ., 1999, by John J. Nev±ns ~ho is ~ersonallp-known to me)or has produced as identification. State of Florida Co,~U~F o/, Sarasota (Signature of Notary PublicJ (Print, 2~i~i o~<~tomz?. ~Jfi~bhr~J~toned ~ame 0~~ ~ion No. CC 584748 FOR PUBLIC HEARING FOR PUD REZONE Page 17 EXECUTIVE SUMMARY TO AMEND ORDINANCE 99-51, THE WEEDS, LITTER AND EXOTICS CONTROL ORDINANCE. ' OBJECTIVE: To amend Section Ten: Waste Materials Management of the Weeds, Litter and Exotic Control Ordinance to remove the requirement to cover on-site containment areas. To also amend Section Thirteen: Notice of Violation to change abatement procedures. Additionally, correct scrivener's error of the numbering of the fourth paragraph of Section Fourteen of the Ordinance. CONSIDERATION: Ordinance 99-51 was adopted by the Board of County Commissioners on June 22, 1999 with a recommendation of approval from the Environmental Advisory Committee (EAC) and the Development Services Advisory Committee (DSAC). During the review of the proposed amendment both committees were given a summary of changes for Section Ten of the Ordinance in question. On September 1, 1999, a meeting was held with County Staff and members of the CBIA. At that time it was expressed that CBIA had not been informed of the changes to this section of the Ordinance and it was their opinion that the changes would dramatically affect the cost of construction in the Golden Gate Estates Area. The CBIA's request to consider modifying the ordinance was brought before the Board of County Commissioners on February 22, 2000. At that time the Board endorsed the CBIA's recommendation and directed staff to modify the ordinance. As directed, staff has made the following proposed changes to the Ordinance: Section Ten: Waste Materials Management Decrease the excavation depth from five (5) to three (3) feet; [] Removed requirement of twelve inches of inert waste material to cover vegetative containment area; [] Clarifies that private wells are considered "structures" with respect to the 75 foot distance requirement for containment area; [] Added requirement to contain downed tress and vegetative growth contained in excavated earthen depressions to prevent the protrusions of growth more than twenty four (24) inches above surrounding elevation Section Thirteen: Notice of Violation [] Publish the Collier County Litter, Weed and Exotics Control Ordinance and abatement procedures annually; ~ Notice of Violations to be posted on property rather than served on owner of record; JUN 2 7 2000 Pl.., / : [] Decrease time frame from twenty (20) to seven (7) days for which property owner is required to abate nuisance; [] Decrease time frame from twenty (20) to seven (7) days after which the County shall abate the condition. Section Fourteen: Assessment for Abating Nuisance [] Remove the 'certified mail' requirement for mailing invoices and legal notices of assessment to owner's of record; [] Correct scrivener's error changing the number of the fourth item to '4' rather than '3' Section Eighteen: Procedure for mailing Notices [] Remove language specifying registered or certified mail in order to maintain consistency with Section Fourteen. The proposed Ordinance was presented to the Development Services Advisory Committee in March 2000. The DSAC approved the proposed changes, including the correction of the scrivener's error. FISCAL IMPACT: none GROWTH MANAGEMENT IMPACT: none RECOMMENDATION: Approve amendments to Ordinance 99-51 as follows: correct scrivener's error in Section Fourteen; remove the requirement to cover containment areas in Section Ten; change abatement procedures in Section Thirteen; revise language in Section Eighteen to ensure consistency with Section Fourteen regarding mailing requirements. SUBMITTED BY: ?/'~//(~/_/ff~ ~Z. Michelle Edwards Arnold Code Enforcement Director REVIEWED BY: APPROVED BY: Date: Date: Melissa Vasquez A~ ss'~tant County Attorn.~y~ V~ncent~-'- - A. Cautero, ~ICP Community Dev. & Env. Service Division Administrator JUN 2 7 2000 ORDINANCE 2000- AN ORDINANCE AMENDING ORDINANCE 99-51 WHICH REGULATES AND CONTROLS LITTER, 7 WEEDS AND EXOTICS WITHIN THE 8 UNINCORPORATED AREA OF COLLIER 9 COUNTY, FLORIDA; A31ENDING SECTION TEN 10 WHICH REGULATES VeASTE MATERIAL 11 MANAGEMENT TO ADDRESS THE 12 MANAGEMENT OF CONTAINMENT AREA; 1~ AMENDING SECTION THIRTEEN WHICH 14 RELATES TO NOTICE OF VIOLATIONS; AND 15 ABATEMENT PROCEDURES; AMENDING 16 SECTION FOURTEEN FOR SCRIVENER'S 17 ERRORS AND MAlLIN G REQUIRMENTS; 18 AMENDING SECTION EIGHTEEN FOR 19 CONSISTENCY WITH OTHER SECTIONS 20 PROVIDING FOR INCLUSION IN THE CODE OF 21 LAWS AND ORDINANCES AND PROVIDING FOR 22 AN EFFECTIVE DATE. 23 24 WHEREAS. Chapter 125, Florida Statues, established the right and power of counties to 25 provide for the health, welfare and safety of existing and future residents of the County by 2o enacting and enforcing zoning regulations necessary' for the protection of the public: and 27 WHEREAS. the Board of County Commissioners has determined that the provision for 28 containment areas on large residential lots would provide an economic benefit to the community 29 at large and if managed appropdhately would create a negative impact on the environment; and 30 WHEREAS, the height above ground level as well as the covering requirements are 31 recommended to be changed to enhance the economic benefit to the community; and 32 WHEREAS. the Board of County Commissioners has determined that the notice of 33 violation and abatement procedures need to be amended in an effort to modify the notice 34 procedures to enhance public awareness of the requirements imposed by the ordinance and to 35 provide for shorter the time frames within which the County may abate violations. 36 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF COLLIER COk~'TY, FLORIDA that: 38 SECTION ONE: Amendment to Section Ten of Collier County Ordinance No. 99-51, as 39 amended. 40 Section Ten of Collier County Ordinance No. 99-51, as amended, is amended to read as 41 follows: 42 SECIION TEN: Waste Materials Management 43 1. Inert waste matedhals may be buried on a site after a valid building permit 44 for such site has been obtained and posted and provided that such disposal is in Words swack through are deleted, words underlined are added. -1- JUN 2000 8 9 10 11 12 13 14 ~.~, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 conformance with federal, state, and local laws and regulations. Inert waste materials which have not been properly buried or disposed of are hereby classified as Litter. On-site containment of downed trees and other vegetative growth shall be permitted on residenttally-zoned lots exceeding one (1) acre in size and in the Golden Gate Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on the same property' of the permitted construction, providing all of the following conditions are met: (a) a valid building permit for construction of a single family home on the applicable lot has been obtained and is posted before removal and containment of such growth; (b) the site plan shall identify the location of the containment area; and (c) the do',vned trees and vegetative growth are placed into an excavated earthen depression which does not exceed c.,,~ tr~ three {3) feet in depth from the surrounding natural elevation and does not cover a horizontal surface area greater than nine thousand (9,000) square feet. ,4.11 such excavated earthen depressions containing downed trees and vegetative groxvth shall not be closer than fifteen (151~ feet from the side and rear propert)' lines or within a public or private easement or right-of-way. Vegetative ccntaim'nent .............. grade .....~ ....,~ .............................e nearest point of such excavated earthen depression for containment of on-site downed trees and vegetative ~-owth shah not be closer than seventy-five (75) feet to any structure, i.~l,di.~ priv~le wdl~ nor closer than one hundred (]00) feet to any public or private fi~t-of-way. All downed trees ~d vegetative ~owth contained in such excavated ca,hen depression shah be so contained to prevent the prot~sion of any suc~ ~owth mo~e d~an twcnW four (24) inches above the su~oundm~ includm~ ~hen cove~. ~o excavated matefta] sh~]] be removed f~o~ t~e site. Failure to either remove downed t~ees o~ downed vegetative growth from ~es~dentia]ly-zoned lots exceeding one (]) ac~e in size or Go]de~ Gates ~states zoned pro?enies contain such material, as required by this o~dm~nce, s~al] result i~ such downed t~ees an&/o~ downed vegetative ~owth bd~g classified as Litter ~d thereby subject the property owner, a~ent, an&,'or othe~ res?onsJb]e parties ~o any and all penalties provided under this ordinance. Wotds ............e,.. are deleted, words underlined are added. AC~.NDA ITEI~ JUN 2000 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 SECTION TgVO: Amendment to Section Thirteen of Collier Count)' Ordinance No. 99-51, as amended. Section Thirteen of Collier County Ordinance No. 99-51, as amended, is amended to read as follows: SECTION THIRTEEN: Notice of Violation 1. Annually, the County Manager or his designees shall publish the Collier County Litter, Weed and Exotics Control Ordinance and the abatement procedures contained therein. That ordinance shall be published in a newspaper of general circulation for eight consecutive Sundays be.~,inning with the first Sunday in January of each year. Whenever the County Manager Adminigtrator or his desi~maee zha!! determine_s that a public nuisance as described in sections Five, Eight, Ten or Eleven herein exists, he shall cause a notice of violation to be posted on served on t!~e record Or. her e,r e, wnerz of said property and at the Collier County Courthouse ~ ceni.qed :nail informing the owner of said property l~em of the existence of the nuisance in substantially the following form: Code Enforcement Department Notice of Violation To: Date: Ordinance Violation Case No. Property: Folio: Dear Property Owner: According to the official records of this County, you are the owner of the above- described property. As such, you are hereby notified that the Code Enforcement Director, on __[date]__ determined that a public nuisance exists on your property pursuant to County Ordinance No. 99- , as amended. caused by: __[describe violation].__ You are further notified that you shall abate this nuisance within seven (7) twenty (20) days of the date of this notice letter by __[describe how to abate]__ Failing this action on Words s~zck :.~.:eugk are deleted, words underlined are added, ITEM JUN 2000 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O '"'""' ~l 32 your part, the Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE IO ABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST YOUR PROPERTY. The lien shall include the direct cost plus an administrative fee of up to $200.00 and will be levied as an assessment against the property. IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING YOUR OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH VIOLATION, YOU MAY WILL BE CHARGED AN ADDITIONAL FIFTY DOLLARS AS AN ADDITIONAL ADMINISTRATIVE FEE. You may contest this determination of the existence of a public nuisance by applying in writing, for a hearing before the Board of County Commissioners within fifteen (15) days from the date of this notice of violation. 2. If the property owner or his agent has not abated the identified nuisance as described in said notice within seven (7) twenty ~,n~ days from the date of the notice of violation, the County shall Abate the condition and shall, through its employees, servants, agents or contractors, be authorized to enler upon lhe property and take such steps as are reasonably required to Abate the nuisance. However, the County Mana.~ Adminiztratcr, in his discretion, may extend the time allowed for taking corrective action up to 180 days for natural disasters as determined by the State or Federal government. SECTION THREE: Amendment to Section Fourteen of Collier County Ordinance No. 99- 51, as amended. Section Fourteen of Collier County Ordinance No. 99-51, as amended, is amended to read as follows: SECTION FOURTEEN: Assessment for Abating Nuisance 1. After abatement by the County or its agent, the cost thereof to the County as to each parcel shall be calculated and reported to the Collier County Code Enforcement Director or his/her designee..An invoice and legal notice of assessment shall be mailed ~y cexi£ted mail to the property owner(s) for the cost of abatement. The invoice shall include an initial administrative fee of One-hundred ($100.00) dollars per parcel of property. 2. ]n the event the property owner abates the violation, but has received a total of three notices of violation for separate violations during the property owners ownership of the referenced property, the Count>, shall mail an invoice and legal notice of assessment ~y ce~iSed mm-t to the property owner including an initial administrative fee of Fifty ($50.00) dollars and an Words s,.'r',:ck tkrcugh are deleted. words underlined are added. -4- &GElIDA I~ 27' 2000 6 ? 8 9 10 11 12 13 14 15 1§ 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 additional administrative fee of Fifty ($50.00) dollars. Each notice of violation thereafter to the same property owner shall be processed in the same manner. 3. If the invoice sent by the Code Enforcement Director or her designee is not paid at the expiration of the m'enty (20) days of the date of the legal notice of assessment, the Board of County Commissioners shall impose a lien against the property. The Board of County Commissioners, by resolution, shall assess such cost against such parcel. Said resolution shall: A) describe the land and show the cost of abatement, which shall include the initial administrative expense of One-hundred ($100.00) dollars plus an additional administrative expense of One-hundred ($100.00) dollars per parcel, or B) describe the land and show the initial administralive fee of Fifty ($50.00) dollars and the additional administrative fee of Fifty ($50.00) dollars and an additional administrative fee of One-hundred ($100.00) dollars per parcel. Such resolution shall constitute a lien which shall run with the property until paid. The resolution shall also specify' that interest shall accrue on the unpaid balance beginning on the date the resolution is recorded at the rate of twelve (12) percent per annum. 4~ ~ The legal notice of assessment shall be substantially in the following form: BO,M~d) OF COLTNTY COMMISSIONERS THROUGH ITS CODE ENTORCEMENT DEP,~RTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN <Insert Propert)' Owner's Name and Address> DATE: REF. IN\L# FOLIO # LIEN NUMBER: LEGAL DESCRIPTION: You, as the owner of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Direclot, did on , 20 4-9 , order the abatement of a certain nuisance existing on the above Words swa,ck thrz'a[zk are deleted, words underlined are added. ITEM J u N '7 2000 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 ,6 17 18 19 20 21 22 23 24 25 26 27 28 29 ~'"' q0 31 property prohibited by Ordinance 99-__, as amended and served a notice of violation upon you. The nuisance is: [describe nuisance] You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ .00 and an administrative cost of Two-hundred ($200.00) dollars for a total of__ [or, You abated the nuisance but caused the County to incur an initial administrative cost of Fifty ($50.00) dollars and an additional administrative cost of One- hundred F!fiy ($150.00) dollars for a total of Two-hundred ($200.00) dollars.] Such cost, by Resolution of the Board of County Commissioners of Collier Count>', Florida, shall may become a lien on your propert)' within twenty' (20) days of approval bv the Board of County Commissioners of Collier County ok~ a~o~ ~r .u:~ ,~ ~.:~ ^c assessment. You may request a hearing before the Board of County Commissioners to show cause, if any. why the expenses and charges incurred by the County under Count3' Ordinance No. 99- ~ as amended: are excessive or unwarranted or why such expenses should not constitme a lien against the propert,,,'. Said request for hearing shall be made to the County Nlanaeer ,Sdministrator, Govenm~ent Center. 3301 Tamiami Trail Fast, Naples, Florida 34112 in writing within ten { 10) days from the date of this notice. FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE VqlLL RESULT IN A LIEN AGAINST YOUR PROPERTY. 5. After the expiration of one )'ear from the date of recording of the Lien, as provided herein. a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity ~'ith the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. 6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. 7. After recording of the Lien, the Count)' Manager A~dministratcr or his designee may accept partial payment and recommend satisfaction of the Lien to the Board if he:she detemfines an error has been made based upon his/her judgment. ~C1EN,D A ITEM /d(c) I JUN a.? 2000 Words stn:c,~ t,n~cug., are deleted, words underlined are added. -6- Pg. ~ SECTION FOUR: Amendment to Section Eighteen of Collier Count>' Ordinance No. 99- 51, as amended. Section Eighteen of Collier County Ordinance No. 99-51, as amended, is amended to read as follows: SECTION EIGHTEEN: Procedures for Mailing Notices 7 Notices mailed to the violator's address indicated on the records of the Collier County 8 Properly Appraiser of such lot or parcel of land for ad valorem taxation purposes by registered or 9 ~.-,;c,~a _~;~ ..........:-' requested, shall be deemed personal service upon the person, for the 10 purpose of this ordinance. Refusal to accept service of such notices by a property owner or its 11 agent shall not bar the County from proceeding '~'ith enforcement and abatement under this 12 Ordinance. It is the propert3' o~vner's responsibility to maintain a current address with the Collier 13 County Propert5' Appraiser's office. 14 SECTION FIVE: Conflict and Severability 15 In the even! lhis ordinance conflicts with any other ordinance of Collier County or other 16 applicable lax~, the more restrictive shall apply. If any Section, phrase, sentence or portion of 17 this Ordinance is for any reason held invalid or unconstitutional by anv court of competent 18 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and 19 such holding shall not affect the validity of the remaining portion. 20 SECTION SIX: Inclusion in the Code of La~¥s and Ordinances. 21 The provisions of this Ordinance shall become and be made a part of the Code of Laws 22 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or 23 relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article" 24 or any other appropriate word with the Depariment of State. 25 SECTION SEVEN: Effective Date. 26 This Ordinance shall become effective upon filing with the Secretary' of State. 27 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 28 Count>'. Florida. this __ day of ,2000. 29 30 31 32 33 BY: BY: 34 35 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TI/MOTHY J. CONSTANTINE, CHAIP~MAN ITEM ,~_/o~ (e-0 / 2000 Wo~ds :mack :F. rougk are deleted, xxords underlined are added. Approved as to form and legal sufficiency: JUN ~ ? ~ooo ~g. /~ EXECUTIVE SUMMARY ADOPT AN ORDINANCE REVISING THE LIBRARY IMPACT FEE RATE SCHEDULE AND ADOPT AN ORDINANCE REVISING THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE OBJECTIVE: To present proposed Library and Emergency Medical Services (EMS) impact fee rate schedules to the Board of County Commissioners and the public and to obtain input from both; for the Board to adopt two (2) ordinances incorporating the new fees and approve an effective date. CONSIDERATIONS: On February 23, 1999, the Board awarded RFP #98-2843 to Tindale-Oliver and Associates, an engineering consulting firm from Tampa, Florida. The original scope of the RFP was to conduct an impact fee update study for Collier County's Transportation, Library, and EMS systems. On August 3, 1999, the Board approved an amendment to the consultant's contract to consolidate all of the County's impact fee ordinances and to develop a comprehensive administrative procedures manual. On January 11, 2000, the Board approved a revised road impact fee schedule with an effective date of April 1, 2000. The Library and EMS impact fee update studies constitute the second phase of the consultant's contract. Staff anticipates completion of the consolidating ordinance and the administrative procedures manual by October 2000. Final delivery of those items will complete the existing contract. The current rates for the Library and EMS System Impact Fees have been in effect since 1991. The County established the library impact fee through Ordinance No. 88-97, which was adopted on December 13, 1988. The library impact fee rate was last updated on January 21, 1991. The Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, which includes the current rate schedule, was adopted on August 7, 1991. Attachments No. 1 and 2 provide comparisons of the current Library and EMS impact fee rates versus the proposed new rates. Attachment No. 3 is a copy of the consultant's report for the Library impact fee update study. The consultant used a standards-driven calculation approach to arrive at a fee structure adequate to maintain the level of service standards reflected in the Collier County Growth Management Plan. The net impact cost per weighted resident increased from $60.91 in 1991 to $86.45, nearly 42 percent. Such an increase is not surprising since the fee has not been updated in nearly a decade. Comparison of Proposed vs. Current Library Impact Fees Land Use/Size (Residential, Square Feet) < 1,500 sf 1,500-2,499 sf > 2,500 sf Weighted Residents Per Dwelling Unit 2.48 2.75 3.46 Cost Per Weighted Resident $86.45 $86.45 $86.45 Net Impact Cost (Proposed Fee) $214.00 $238.00 $299.00 Current Fee $180.52 $180.52 $180.52 Percent Change 18.5% 31.8% 65.6% JUN 2 7 2000 CONSIDERATIONS (Cont.): Attachment No. 4 is a copy of the consultant's report for the EMS impact fee update study. The consultant used a standards-driven calculation approach for this fee as well. In this approach, the consultant calculated "functional residents" per land use category as a means to fairly apportion facility burdens among different land uses. The resulting fee schedule is based on a net impact cost per functional resident of $65.98. The proposed fee schedule features a larger set of land use categories as well as significant increases and decreases among the various fees. The net result of this restructuring of the fee schedule is a greater emphasis on residential construction--as compared to commercial--than is reflected in the current fee schedule. Some noteworthy samples of revised fees are shown in the table below: Comparison of Pro',osed rs. Current EMS Impact Fees for Selected land Use Categories Land Use/Size Functional Cost Per Net Impact Cost Current Percent Residents Weighted (Proposed Fee) Fee Change Per Unit Resident Per Unit Residential (Single Family) < 1,500 sf 1.41 $65.98 $93/DU $14/DU 564.3% 1,500-2,499 sf 1.57 $65.98 $104/DU $14/DU 642.9% > 2,500 sf 1.97 $65.98 $130/DU $14/DU 828.6% Recreational Golf Course 123.07 $65.98 $8,120/18 Holes N/A New Institutions Hospital 1.91 $65.98 $126/1,000 sf $1,090/1,000 sf-88.4% Office/Financial Office < 50,000 sf1.26 $65.98 $83/1,000 sf $299/1,000 sf -72.2% Medical Office 1.58 $65.98 $104/1,000 sf $1,500/1,000 sf-93.1% Retail Retail _< 50,000 sf3.19 $65.98 $210/1,000 sf $132/1,000 sf 59.1% Convenience Store4.83 $65.98 $318/1,000 sf $132/1,000 sf 141.7% Industrial General Industrial0.62 $65.98 $41/1,000 sf $13/1,000 sf 215.4% FISCAL IMPACT: If the proposed Library and EMS Impact Fee schedules take effect on October 1, 2000, and if FY01 building permit activity remains level with that of FY99 and FY00, then Library Impact Fee receipts will exceed $1.7 million and EMS Impact Fee receipts will exceed $1.2 million in FY 01. GROWTH MANAGEMENT IMPACT: The proposed fee revisions are consistent with the review requirements of the existing ordinances and are necessary to assure sufficient revenues for implementation of the applicable elements of the Collier County Growth Management Plan. Development Services Advisory Committee (DSAC) Recommendation: The DSAC reviewed a preliminary draft of the consultant's report in April 2000. Staff and the consultant subsequently Development Services Advisory Committee (DSAC) Recommendation (Cont.): implemented the committee's recommendations and satisfactorily answered all technical questions. At the June 7, 2000 regular meeting, the DSAC voted 6-2 to recommend approval of the proposed Library and EMS Impact Fee schedules. RECOMMENDATION: That the Board of County Commissioners adopt the two (2) ordinances providing for modifications and updating of the previous Library and EMS Impact Fee studies, providing for revisions to the Library and EMS Impact Fee rates, and providing for an effective date for the new fees of October 1, 2000. / Phillip ~ffdall, hnpact Fee Coordinator REVIEWED BY: REVIEWED BY: APPROVED BY: Di/an/e;~lagg, Chief, Emergency Medical Servid~};Department V incent/A >C~aute'ro, AICP, Adm inisYator Comlnunity Development and Environmental Services Division DATE: (' // ':? / ,>'.:- ' > "~' ~- :'~>'- C) ~' DATE: Attachments: 1. Comparison of Library Impact Fees 2. Comparison of EMS Impact Fees 3. Library Facilities and Items Development hnpact Fee Update Study 4. E~nergency Medical Services Development hnpact Fee Update Study 5. Proposed Library hnpact Fee Ordinance 6. Proposed EMS hnpact Fee Ordinance COMPARISON OF LIBRARY IMPACT FEES Current Versus Proposed Fee Schedule Current Proposed % Unit Fee Fee Change RESIDENTIAL ONLY Less than 1,500 sq ft 1,500 to 2,499 sq ft 2,500 sq ft or larger Dwelling Unit $ 180.52 $ 214.00 Dwelling Unit $ 180.52 $ 23800 Dwelling Unit $ 180.52 $ 299.00 18.5% 31.8% 65.6% Attachment 1 COMPARISON OF EMS IMPACT FEES Current Versus proposed Fee Schedule RESIDENTIAL Single Family Less than 1,500 sq ft 1,500 to 2,499 sq ft 2,500 sq ft or larger Multi-family Less than 1,500 sq ft 1,500 to 2,499 sq ft 2,500 sq ft or larger Mobile Home Less than 1,500 sq ft 1,500 to 2,499 sq ft 2,500 sq ft or larger Current Proposed % Unit Fee Fee Change Dwelling Unit $ 14.00 $ 93.00 Dwelling Unit $ 14.00 $ 104.00 Dwelling Unit $ 14.00 $ 130.00 Dwelling Unit $ 2.00 $ 93.00 Dwelling Unit $ 2.00 $ 104.00 Dwelling Unit $ 2.00 $ 130.00 Dwelling Unit $ 32.00 $ 93.00 Dwelling Unit $ 32.00 $ 104.00 Dwelling Unit $ 32.00 $ 130.00 NON-RESIDENTIAL Transient, Assisted, Group Hotel, Motel Nursing Home, ACLF Recreational Marina Golf Course Movie Theater Institutions Hospital Elementary School Middle School High School Junior/Community College University/College Church Day Care Center Office and Financial Office 50,000 sq ft or less Office 50,001 - 100,000 sq ft Office 100,001 - 200,000 sq ft Office 200,001 - 400,000 sq ft Office greater than 400,000 sq ft Medical Office Retail (Gross Leasable Area} Specialty Retail Retail 50,000 sq ft or less Retail 50,001 - 100,000 sq ft Retail 100,001 - 150,000 sq ft Retail 150,001 - 200,000 sq ft Room N/A $ 38.00 Bed N/A $ 77.00 Berth N/A $ 11.00 18 Holes N/A $ 8,120.00 Screen $ 132.00 $ 741.00 1,000 sq ft $1,090.00 $ 126.00 Student N/A $ 16.00 Student N/A $ 23.00 Student N/A $ 28.00 Student N/A $ 11.00 Student N/A $ 21.00 1,000 sq ft $ 43.00 $ 34.00 Student N/A $ 19.00 1,000 sq ft $ 299.00 $ 83.00 1,000 sq ft $ 299.00 $ 71.00 1,000 sq ft $ 299.00 $ 60.00 1,000 sq ft $ 299.00 $ 51.00 1,000 sq ft $ 299.00 $ 47.00 1,000 sq ft $1,500.00 $ 104.00 1,000sq ft $ 132.00 $ 197.00 1,000sq ft $ 132.00 $ 210.00 1,000 sq ff $ 132.00 $ 197.00 1,000 sq ft $ 132.00 $ 213.00 1,000sq ft $ 132.00 $ 200.00 Attachment 2 564.3% 642.9% 828.6% 4550.0% 5100.0% 6400.0% 190.6% 225.0% 306.3% N/A N/A N/A N/A -88.4% N/A N/A N/A N/A N/A -20.9% N/A -72.2% -76.3% -79.9% -82.9% -84.3% ~93.1% 49.2% 59.1% 49.2% 61.4% 51.5% COMPARISON OF EMS IMPACT FEES Current Versus proposed Fee Schedule Current Proposed % Unit Fee Fee Change Retail (Gross Leasable Area) (Cont.) Retail 200,001 - 400,000 sq ft1,000 sq ft $ 132.00 Retail 400,001 - 600,000 sq ft1,000 sq ft $ 132.00 Retail 600,000 - 1,000,000 sq ft1,000 sq ft$ 132.00 Retail over 1,000,000 sq ft 1,000 sq ft $ 132.00 Pharmacy/Drug Store w/ Drive-Thru 1,000 sq ft $ 132.00 Home Improvement Superstore 1,000 sq ft $ 132.00 Quality Restaurant 1,000 sq ft $ 500.00 High-Turnover Restaurant 1,000 sq ft $ 500.00 Fast Food Restaurant w/ Drive-Thru 1,000 sq ft $ 500.00 Gas/Service Station Fuel Position N/A Quick Lube Service Bay N/A Supermarket 1,000 sq ft $ 132.00 Convenience Store 1,000 sq ft $ 132.00 Convenience Store w/Gas Fuel Pump N/A Convenience Store/Gas/Fast Food Store 1,000 sq ft $ 132.00 Auto Repair 1,000 sq ft $ 132.00 Tire Store Service Bay N/A New and Used Car Sales 1,000 sq ft $ 132.00 Self Service Car Wash Service Bay N/A Bank/Savings Walk-in 1,000 sq ft $ 299.00 Bank/Savings Drive-in 1,000 sq ft $ 299.00 Industrial General Industrial 1,000 sq ft $ 13.00 Business Park 1,000 sq ft $ 13.00 Mini-warehouse 1,000 sq ft $ 13.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 173.00 179.00 177. O0 156,00 154.00 185.00 528.00 572.00 731.00 162.00 75.00 209.00 319.00 335.00 471.00 260.00 356.00 141.00 129.00 121.00 106.00 41.00 98.00 5.00 31.1% 35.6% 34.1% 18.2% 16.7% 40.2% 5.6% 14.4% 46.2% N/A N/A 58.3% 141.7% N/A 256.8% 97.0% N/A 6.8% N/A -59.5% -64,5% 215,4% 653.8% -61.5% Library Facilities and. Items Development Impact Fee Update Study Collier County, Florida Growth Management Analysts, Inc. Arthur C. Nelson, Ph.D., A,SCE, AICP Revised May 16, 2000 EXECUTIVE SUMMARY Tindale-Oliver & Associates, Icard-Merrill, P.A., and Growth Management Analysis, Inc. (GMA) have been contracted by Collier County, Florida, to update impact fees it currently assesses from new residential development for library facilities and materials. The current fee is $60.91 per weighted resident which equates to $180.52 per dwelling unit. The report reviews planning policy and calculation features of the current fee and updates the fee based on the following modifications: Updated facility costs with the addition of land. Updated and expanded cost of items. Streamlined accounting for cost of items, reducing from four to one the level of service for items. Broadened base of assessment to include hotels, motels, nursing homes, and adult congregate living facilities. Refined apportionment of burden based on household size associated with dwelling unit size. Key calculations developed in this report include: Impact fee per weighted resident increases from $60.91 to $86.45, nearly 42 percent but not unusual given that the current fee has not been adjusted for nearly 10 years. Impact fee for the most typical house size constructed increases from $180.52 to $237.74, or 30 percent. Revenues estimated to be generated by the updated fee over the 5-year CIP period, FY 1999-2003, amount to nearly $3.5 million. The report begins with a review of current impact fee policies and calculation approaches as they apply to library facilities and items, then updates fee calculations considering a number of technical and policy refinements. LIBRARY F.4CILITIE$ DEVELOPMENT IMPACT FEE UPD/I TE STUD Y INTRODUCTION Collier County operates seven libraries throughout the County (headquarters library, Collier North, East Naples, Estates Branch, Golden Gate, Immokalee, and Marco Island). The library system serves all county residents including those in municipalities. Library circulation is r/sing rapidly, from 1.3 million items in 1995 to nearly 2.0 million in 1999, an increase of more than 50 percent. About one quarter of the circulated items are for childrens' use. Collier County, Florida, currently assesses development impact fees for library facilities and items. The service area is the County as a whole. At the present time, impacts fees for library facilities and items are $180.52. This figure was calculated in 1990 and has not been adjusted for inflation. This report updates the County's impact fees for library facilities and items.. It is composed of two major sections. The first analyzes the original analyses leading to the current fees. The second section conducts the update. ORIGINAL DESIGN Impact fee design follows two basic stages: planning policy and calculation. The planning policy stage addresses (a) whether facilities should be financed in part from impact fees, (b) where the service areas should be, (c) what the level of service should be, and (d) how the impact fee base is established. The calculation stage includes identification of calculation approach, determine gross cost per unit of demand, and offsets to gross costs such as may come from external sources, past revenue credits, and future revenue credits. Planning Policies and Calculation Collier County has chosen to finance library facilities and holdings at least in part through impact fees. The Collier County Growth Management Plan classifies library impact fees as "category B" meaning that it promises only to attempt to maintain LOS targets. "Category A" facilities are required to maintain LOS targets. From a practitioner perspective, however, it matters little difference whether a facility is classified as "A" or "B" since exaction law would appear to require that LOS targets be met. Table L-1 reviews the original planning features of library impact fees. Table L-2 reviews the original calculation features of library impact fees. Collier County, Florida May16, 200,~,~¢ LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y Table L-1 LIBRARY IMPACT FEES Original Planning Policies~ Policy Feature Library Facilities Library Materials Service Area2 Countywide Countywide Level of Service3 0.33 square feet per capita4 1'.00 books, 0.006 audio-visual items, 0.003 periodical items, $0.03 microform cost per capita5 Assessment Base Cost is calculated per capita then multiplied by average persons per household regardless of unit type or size.6 Notes: I. The original library impact fee report was prepared by Henderson Young & Company (hereinafter HYC) October 10, 1990. Countywide service area is assumed because every potential user can acquire any library holding that is anywhere within the library system. This is enhanced through on-line search possibilities. LOS based on only population. It is not clear whether LOS is based on permanent population, peak population, or weighted population. Calculated as 150 percent of the 1986 inventory of library square feet divided by 1986 residents. Collier County. Florida May 16, 2000 LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 5 LOS for books based on recommendations found in Standards and Guidelines for Florida Public Library Services (1985). The national average for public libraries between 250,000 and 999,999 population is 2.4 volumes per capita (U.S. National Center for Education Statistics, Public Libraries in the United States, 1995). 6. There are no adjustments for house size or type reflecting different levels of impact. Table L-2 LIBRARY IMPACT FEES Original Calculation Features~ Policy Feature Library Facilities Library Items Calculation Approach Standards-driven.2 Standards-driven? Gross Cost Average cost per square foot for new structures based on size, design, parking, shelving, furniture-equipment.3 Average cost per item based on national sources, with discounts for libraries, plus local microform costs? External Revenue Credit Most recent state grant for librafides divided by population equals external credit.5 None.6 Past Revenue Credit None.7 Future Revenue Credit None. Collier County. Florida May 16, 2000//'o~.:: // LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 6 Notes: 1. The original library impact fee report was prepared by Henderson Young & Company (hereinafter HYC) October 10, 1990. There are essentially two choices: standards-driven or improvements-driven. Standards- driven approaches take the recognized level of service target, calculates the cost per unit of impact to reach the target based on prototypical costs or estimates, and applies those unit costs to new development. Improvements-driven approaches use the capital improvement program as the sole authority for costs, converts those costs to cost per unit of impact, and applies those unit costs to new development. In the ideal world both approaches yield the same result. In the real world, only if facilities expand often and routinely to meet development needs would an improvements-driven approach perhaps be more precise than the standards-driven approach because facilities are added incrementally every year. This would be the case in roads (excluding the unusually large or expensive projects). For most facilities, CIPs do not show many if any expansions during the time period since facilities are added only in large or lumpy increments. Facility costs do not include land assuming that it was either donated or is part of the park land inventory presumably paid from other sources. Only microform costs are based on local costs. Two items, periodicals and microforms, are calculated as a recurring cost and adjusted for present value. The calculation does not consider external sources as a revenue stream. The HYC study indicates that the local general fund and State Operating Grants for Libraries will be used to help finance library holdings but there is no credit calculation for state sources. There is no credit for past contributions to existing libraries. HYC assumes that all costs for new libraries will be borne by new development. Collier County, Florida May 16, 2000 /,g--- LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUDY UPDATED CALCULATIONS This section of the report updates Collier County's library facilities and items. following steps: Level of service · Library facilities · Library volumes Costs · Library facilities · Library volumes l Formula for calculating development impact fees. Calculation of net impact cost and apportionment by land use. It includes the Level of Service The Collier County Comprehensive Growth Management Plan establishes a level of service of 0.33 square feet of library facilities per weighted resident. The County has a progressive level of service standard for library materials based on the following schedule (see "1998 AUIR Facility Summary Form" for library facilities): · FY 1999 ~ 1.30 · FY 2003 ~ 1.50 · FY 2008 ~ 1.65 For the 5-year period FY 1999 through FY 2003, the level of service is 1.50 volumes per weighted resident. Consideration was given to expanding the impact fee base by including nonresidential land uses. Data from library staff indicate that businesses account for about half of all reference calls. Circulation figures attributable to business are not available, however. Review of data by GMA indicate that nonresidential land uses may account for less than 10 percent of all library activities. Collier County. Florida May 16. 200,,,~..,~C 3~'"" LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 8 GMA recommends that library staff create a system for tracking library activity in a way that attributes library burdens among different land uses, Given available data and analysis, GMA recommends maintaining library impact fee assessments on residential development. Table L-3 summarizes the level of service for library facilities and volumes. Table L-3 LIBRARY FACILITIES AND VOLUMES Level of Service Consideration Figure Square Feet Per Weighted Resident Volumes Per Weighted Resident 0.33 1.50 Source: Derived from Collier County Comprehensive Growth Management Plan, and recommended by consulting team, Tindale-Oliver & Associates, Growth Management Analysts, Inc., Icard Merrill, et aI. P.A. Collier County. Florida May 16, 2000 /,/ LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y Costs Costs are divided into facilities and items. Facility costs are based on the estimated cost to add the next library building, which are shown in Table L-4. Costs for library volumes are reported in Table L-5. Table L-4 LIBRARY FACILITY COSTS Element Units Cost Land, acres Building, square feet Building contents Fees Total costs ~4.50 41,137 $400,000 $5,700,000 $1,500,000 $364,000 $7,964,000 Cost per square foot Square feet per resident Impact cost per resident $193.60 0.33 $63.89 Source: Adapted from memorandum, Marilyn Mattes, Collier County Public Library, August 10, 1999. Collier County. Florida May 16, 2000 LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 10 Table L-5 LIBRARY ITEMS IMPACT COST Cost Consideration Per Unit Unit Count Weight Extension Books (circulating, reference, donated) Periodicals Books on tape Compact discs Video cassettes CD-Roms Total, average cost per weighted unit Volumes (defined as units) per resident Impact cost per resident $22.50 305,000 0.9499 $21.37 $50.00 1,200 0.0037. $0.19 $45.00 7,800 0.0243 $1.09 $15.00 4,500 0.0140 $0.21 $22.00 24,000 0.0075 $0.16 $25.00 200 0.0006 $0.02 342,700 $23.04 1.50 $34.46 Source: Adapted from memorandum, Marilyn Mattes, Collier County Public Library, August 10, 1999. Cofiier County. Florida May 16, 2000 LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 11 Impact Fee Formula The library facility and item development impact fee is based on the following general formula: NET IMPACT COST = {[TOTAL IMPACT COST] - [PAST REVENUE CREDIT] - [NONLOCAL SHARE]- [FUTURE REVENUE CREDIT]} where: TOTAL IMPACT COST is the cost to provide a unit of facility to a unit of impact, such as 1.50 items and 0.33 square feet of space per functional resident. PAST REVENUE CREDITis the extent to which contributions to library facilities and items have already been made by new development, principally through a share of the property taxes they have paid in the past few years. NONLOCAL SHARE is the share of the TOTAL IMPACT COST that the Collier County Capital Improvements Program indicate are reasonably available to finance the facilities. The resulting figure is known as the LOCAL IMPACT COST. FUTURE REVENUE CREDIT is the share of future taxes paid by new development that help finance facilities for which impact fees are assessed. NET IMPACT COST is the difference between the TOTAL IMPACT COST, past revenue credit, nonlocal revenues, and future revenue credit. Net Impact Cost Table L-6 reports the revenues available for library capital purposes during the past five years and the next five years, to 2006. Based on these data, past revenue credit is not an issue and future credit is limited to relatively small grants and general fund transfers. More than 90 percent of the revenue used in the past and planned to be used in the future come from impact fees. Table L-7 calculates the net impact cost per weighted resident. Collier County. Florida May 16, 2000 /7 LIBPAR Y FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 12 Table L-6 CAPITAL REVENUE SOURCES Capital Investment 1995-2000 Revenue 2001-2006 Revenue Total Estates Library Marco Island Library Golden Gate Expansion Immakalee Expansion South Regional Library Naples Branch $1,325,000 Impact fees $1,766,307 Impact fees $500,000 Impact feeg $500,000 Grants $8,000,000 Impact fees $500,000 General fund $1,325,000 $1,766,307 $5OO,OOO $5OO,OOO $8,000,000 $500,000 Totals Impact fees Impact fee percent Grants Grant percent General fund General fund percent $3,091,307 $9,500,000 $12,591,307 $11,591,307 92.06% $500,000 3.97% $500,000 3.97% Source: Adapted from memorandum, Marilyn Mattes, Collier County Public Library, August 10, 1999. Collier County. Florida May 16, 2000 LIBPAR Y FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 13 Table L-7 NET LIBRARY FACILITY IMPACT COST Consideration Figure Total impact cost per weighted resident. Facility cost. 1 Materials cost.2 Total impact cost. Percent past revenue credit? Amount past revenue credit.4 Percent nonlocal revenues.5 Amount nonlocal revenues credit.6 Ad Valorem amount, 1998-2003.7 Aggregate weighted residents, 1998-2003. Annual revenues per weighted resident.9 Capitalization rate. Z° Capitalization period, years.z~ Credit per weighted resident.~2 Total revenue credits.~3 Net impact cost amount per resident.~4 $63:89 $34.46 $98.35 3.97% $3.91 3.97% $3.91 $500,000 1,401,937 $0.36 6.00% 20 $4.09 $11.90 $86.45 Collier County. Florida May 16, 2000 LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 14 Notes: 1. 2. 3. 10. 11. 12. 13. 14. From Table L-4. From Table L-5. From Table L-6. This figure represents the percent of capital costs financed from ad valorem taxation during the past five years. Impact cost times past contribution percent. From Table L-6. This figure represents the percent of capital costs financed from nonlocal revenues in the form of grants during the past five years. Impact cost times nonlocal revenue percent. From Table L-6. Sum of weighted population for each fiscal year, FY 1998-99 to FY 2002-03 from 1998 AUIR Facility Summary Form, p. 48, adjusted by 1.0972 to reflect census undercount reported in htlp.'//www. naplesnews. com/today/local/d368293a. htm. Ad valorem revenues for CIP period divided aggregate weighted population for the same period. Assumed borrowing rate. Typical planning horizon. Present (discounted) value of stream of ad valorem revenues per weighted resident. Past revenue credit plus nonlocal revenue credit plus future revenue credit. Impact cost less revenue credits. Collier County, Florida May 16, 2000/~.(...~,~ ~L' LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 15 Impact fees are an evolving field of professional practice. One area in which there is substantial evolution is calibrating impact fees to the variation associated with different sizes of dwellings. [See Arthur C. Nelson, "Development Impact Fees: The Next Generation," Urban Lawyer, 26(3): 541-562 (1995); see also James C. Nicholas, "On the Progression of Impact Fees," Journal of the American Planning Association 58:517-524 (1992)]. As a general proposition, the larger the dwelling unit the more people live it and the greater the impact. Coincidentally, the larger the dwelling the more valuable it is and the more able the household is to pay for publicly provided goods and services. In this study, house size and persons per house based on house size are derived from two sources. From the American Housing Survey, national sample for 1995, house sizes for dwellings of zero to four and more bedrooms is reported for the nation as a whole, central cities (such as. Naples), suburban areas, and areas outside metropolitan statistical areas. The central city category is the most appropriate here. From the Public Use Microsample (PUMS) for Collier County, based on the 1990 Census, persons per dwelling unit based on number of bedrooms can be determined. Table L-8 merges these two pieces of information into an estimate of persons per dwelling unit based on unit size. Because persons per unit and dwelling unit size for two and three bedroom units were nearly identical, the weighted average of those units are reported. Table L-9 reports the net impact cost by land use. Collier County. Florida May 16, 2000 LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 16 Table L-8 AVERAGE HOUSEHOLD SIZE BASED ON DWELLING UNIT SIZE House Size Category~ Household Size2 Less than 1,500 sf 1,500 to 2,499 sf 2,500 sfor larger 2.48 2.75 3.46 Notes: 1. American Housing Survey for central cities, 1995 (Department of Housing and Urban Development H150/95), p. 415. Public Use Microsample for Collier County, 1990, Bureau of the Census. Co/tier County. Florida May 16, 2000 LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 17 Table L-8 NET LIBRARY FACILITY IMPACT COST BY LAND USE Land Use Unit Weighted Residents Per Unit Net Impact Cost ~ $86.45 Per Resident Residential, Square Feet Less than 1,500 sf 1,500 to 2,499 sf 2,500 sf or larger Dwelling Dwelling Dwelling 2.48 2.75 3.46 $214.40 $237.74 $299.18 Collier County. Florida May16, 200)o~Lc) ~ LIBRARY FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 18 Review The updated fees represent a substantial increase but this is largely attributable to the fact that current fees are based on figures dating ten or more years. Table L-9 compares updated fees to current fees. The result should be substantially more revenue flowing into library facilities and items over the current 5-year CIP cycle, as shown in Table L-10. During this period, updated fees should generate nearly than $3.4 million in revenues for library facilities and items. Table L-9 COMPARING PROPOSED TO CURRENT LIBRARY IMPACT FEES Land Use Current Proposed Change Net Cost Per Person $60.91 $86.45 +41.9% Residential, Square Feet Less than 1,500 sf 1,500 to 2,499 sf 2,500 sfor larger $180.52 $214.40 +18.8% $180.52 $237.74 +30.0% $180.52 $299.18 +65.7% Collier County, Florida May 16, 2000 LIBR,4R Y FA C1LITIES DEVELOPMENT IMPACT FEE UPD.4 TE STUD Y 19 Table L-10 PROJECTED LIBRARY IMPACT FEE REVENUE FY 1999-2003 Revenue ~ Weighted $86.45 Per Population Weighted Change Resident 40,345 $3,487,825 Collier County. Florida May 16, 2000 Emergency Medical Services Development Impact Fee Update Study Collier County, Florida Growth Management Analysts, Inc. Arthur C. Nelson, Ph.D., ASCE, AICP Revised May 16, 2000 EXECUTIVE SUMMARY Tindale-Oliver & Associates, Icard-Merrill, P.A., and Growth Management Analysis, Inc. (GMA) have been contracted by Collier County, Florida, to update impact fees it'currently assesses from new residential development for emergency medical service (EMS) facilities. The current fee is $14.28 per single family dwelling unit. The report reviews planning policy and calculation features of the current fee and updates the fee based on the following modifications: Updated facility costs. Broadened base of assessment. Refined apportionment of burden based on household size associated with dwelling unit size. Refined apportionment of burden between land uses based on the concept of functional residents. Key calculations developed in this report include: Impact fees per typical single family dwelling (1,500 to 2,500 square feet) increase from $14.28 to $103.59. This report begins with a review of current impact fee policies and calculation approaches as they apply to EMS facilities, then updates fee calculations considering a number of technical and policy refinements. EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 3 INTRODUCTION Collier County operates 18 EMS stations throughout the County. The County currently assesses development impact fees for EMS facilities. The service area is the County as a whole. At the present time, impacts fees for EMS facilities are $14.28 per single family dwelling. This figure was calculated in 1991 and has not been adjusted for inflation. This report updates the County's impact fees for EMS facilities. It is composed of two major sections. The first analyzes the original analyses leading to the current fees. The second section conducts the update. ORIGINAL DESIGN Impact fee design follows two basic stages: planning policy and calculation. The planning policy stage addresses (a) whether facilities should be financed in part from impact fees, (b) where the service areas should be, (c) what the level of service should be, and (d) how the impact fee base is established. The calculation stage includes identification of calculation approach, determine gross cost per unit of demand, and offsets to gross costs such as may come from external sources, past revenue credits, and future revenue credits. Planning Policies and Calculation Calculation includes identification of calculation approach, gross cost per unit of demand, offsets to that costs such as may come from external sources, past revenue credits, and future revenue credits. Collier County has chosen to finance EMS facilities in part through impact fees. The Collier County Growth Management Plan classifies EMS impact fees as "category B" meaning that it promises only to attempt to maintain LOS targets. "Category A" facilities are required to maintain LOS targets. From a practitioner perspective, however, it matters little difference whether a facility is classified as "A" or "B" since exaction law would appear to require that LOS targets be met. Table E-1 reviews the original planning features of EMS impact fees. Collier County, Florida May 16, 2000//~_..(,~.) ~ EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 4 Table E-1 EMERGENCY MEDICAL SERVICES IMPACT FEES Original Planning Features~ Policy Feature EMS Services Service Area Level of Service Assessment Base Countywide Annual runs per land use Assessment is based on land uses. Notes: 1. The original EMS impact fee report was prepared by Henderson Young & Company (hereinafter HYC) May 20, 1991. Countywide service area is assumed because every resident is served no matter where they are from the closest response unit available. Although there is only one service area for the county, there are two response areas. The "primary" area is that which is essentially within the urban development portions of the county where the response rate target is 6 minutes. In the "secondary" area, which is essentially the balance of the county, the response rate target is 8.5 minutes. The HYC study indicates that in 1990 the response time was about 6.3 minutes in the primary area. LOS is based apparently on annual runs per land use although other indicators are mentioned in the report such as response time. Assessment basis is units of development by land use such as single family types including single family, multiple family, and mobile home units, and nonresidential land uses such as hotels, retail, office, industry, churches, and so forth. Collier County. Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y Impact fee calculations include such features as calculation approach, gross cost per unit of demand, offsets to that costs such as may come from external sources, past revenue credits, and future revenue credits. Table E~I reviews the original calculation features of EMS impact fees. Table E-2 EMERGENCY MEDICAL SERVICES IMPACT FEES Original Calculation Features~ Policy Feature EMS Services Calculation Approach Gross Cost External Revenue Credit Past Revenue Credit Future Revenue Credit Standards-driven? Total cost of EMS facilities, helicopter, hangar, etc., adjusted to average annual cost based on useful life.3 None .4 None? Based on average annual county expenditures per unit.6 Collier County, Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 6 Notes: The original EMS impact fee report was prepared by Henderson Young & Company (hereinafter HYC) May 20, 1991. There are essentially two choices: standards-driven or improvements-driven. Standards- driven approaches take the recognized level of service target, calculates the cost per unit of impact to reach the target based on prototypical costs or estimates, and applies those unit costs to new development. Improvements-driven approaches use the capital improvement program as the sole authority for costs, converts those costs to cost per unit of impact, and applies those unit costs to new development. In the ideal world. both approaches yield the same result. In the real world, only if facilities expand often and routinely to meet development needs would an improvements-driven approach perhaps be more precise than the standards-driven approach because facilities are added incrementally every year. This would be the case in roads (excluding the unusually large or expensive projects). For most facilities, CIPs do not show many if any expansions during the time period since facilities are added only in large or lumpy increments. Great care has been given to itemizing each capital component, reporting its replacement cost, and converting the cost to annualized figure. Consider, the replacement cost of each helicopter component is reported which is divided by useful life to yield average annual cost for each component. The helicopter retention straps cost $4,982 and have a useful life of 2.3 years yielding an average annual cost of $483.48. The sum of all components is the average annual cost of EMS facilities and associated equipment. This approach is unique among impact fee calculations. This is adjusted by 89.6 percent to reflect that portion of the helicopter that is used for EMS purposes. The cost does not include land or buildings, however (other than the helicopter hangar). EMS units appear to be located within fire stations, the building and land for which is financed in part from fire protection impact fees. 4. The HYC study does not show external revenue sources. Collier County. Florida May16, 2000/,,~...(-(...! ,.z/ EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y There is no credit for past contributions to existing EMS facilities and equipment. Annual expenditures are apportioned between residential and nonresidential land uses, then divided by land use units within each category. The credit is calculated as annual gross impact cost minus annual credit for net annual impact cost. Net annual impact cost is then converted to a present value by discounting the stream of net payments over 27.5 years for residential land uses and 31.5 years for nonresidential properties. These periods are used apparently because they correspond to the Internal Revenue Service's depreciation schedules. Policy Issues Review of the existing EMS facility impact fee program leads to recommendations in certain areas to maintain certain policies and pursue others to improve defensibility. They fall into areas of level of service, assessment base, calculating costs, accounting for revenue credits, and standardizing time periods for analystic purposes. Maintain Level of Service Standards. The current formula for determining when new stations are needed is based on response times. The County Commission mandates a 6 minute response time. The formula used in the County Capital Projects Division is 0.000068 units per weighted resident. Reconsider Assessment Base. Currently, impact fees are not assessed on certain major classes of land uses, such as industrial and manufacturing land uses. There is also wide disparity between land uses of the same kind. Cost Basis and Revenue Credits. Impact fees are an evolving field and face increasing legal scrutiny. The line of cases from Dunedin and Hollywood that establish the dual proportionality requirement, to Banberry that establishes more carefully what dual proportionality means and especially lays out requirements for avoiding double charging, to Dolan that establishes essentially that exactions must be related to benefits received or impacts generated -- or both. Collier County. Florida May 16, 200./~k,.),~ EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y Consider costs and revenue credits. The cost basis calculated in this report considers the totality of elements apportioned to EMS stations, including helicopter services. On the revenue-credit side, a number of considerations need to be included. First, the nature of external support for EMS operations should be addressed. Second, past revenue credit needs to be considered. Third, future revenue credit is provided in the original HYC study. This practice should be updated and continued through an analysis of the last five CIPs and the current CIP. Uniformity in Time Periods. The original study uses a number of time periods for various calculations. The more common cost approach is calculating the "package" cost of affected facilities rather than converting component parts into an annualized cost. To avoid the pitfalls of changing depreciation periods for long term property, professional practice tends to settle on 20 years since this corresponds usually to community long term planning horizons, and this will be used in the study. UPDATED CALCULATIONS This section updates Collier County's EMS facilities. It includes the following steps: · Level of service · Costs · Formula for calculating development impact fees. · Calculation of net impact cost and apportionment by land use. Collier County. Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y Level of Service, Costs Collier County's current level of service standard is a 6 minute response time. The county currently obtains a 6 minute response on 80% of its calls and has an average response time of 6.3 minutes. This response time is achieved due to the current number and spacing of EMS stations, along with appropriate equipment at each station. The average station per weighted resident is .000068 of a station per resident. Another way of reporting the figures is that one station serves on the average, 14,706 residents. This relationship should be continued if the desired level of service of 6 minutes is to be maintained. Therefore, the level of service of .000068 residents per station is recommended in calculating the EMS impact fee. Collier County converts the level of service standard calculated in the original study into a measure of stations needed per capita, being 0.000068: Formally adopt a number of stations per resident, based on the resident calculation approach reported in the Appendix. Given this, formally adopt a level of service of 0.000068 stations per weighted resident. This is the equivalent of the current LOS. EMS facility costs are shown in Table E-3. Cofiier County. Florida May, 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUDY 10 Table E-3 EMS STATION COST Cost Per Component Units Unit Cost Per Component Vehicle 1.33 $130,000 Building, Square Feet 3,571 $109.63 Design Percent 21% Furniture, Rooms 5 $3,458 Equipment 1 $50,000 Land 1 $75,000 Appraisal Fee 1 $1,500 Helicopters, t serving 18 stations 0.056 Operations center $485,986 New helicopter $3,700,000 Total helicopter facilities $4,185,986 Total LOS, Stations per Weighted Resident Cost per Weighted Resident $172,900 $391,489 $82,213 $17,290 $5O,O00 $75,000 $1,500 $232,555 $1,022,946 0.000068 $69.56 Notes: 1. Data adapted from Steve Rockey, EMS Commander, to Diane Flagg, EMS Chief, September 1, 1999. Collier County. Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 11 Impact Fee Formula The EMS facility development impact fee is based on the following general formula: NET IMPACT COST = {[TOTAL IMPACT COST] - [PAST REVENUE CREDIT] - [NONLOCAL SHARE]- [FUTURE REVENUE CREDIT]} where: TOTAL IMPACT COST is the cost to provide a unit of facility to a unit of impa. ct, such as 0.000068 stations per weighted resident. PAST REVENUE CREDIT is the extent to which contributions to EMS facilities have already been made by new development, principally through a share of the property taxes they have paid in the past few years. NONLOCAL SHARE is the share of the TOTAL IMPACT COST that the Collier County Capital Improvements Program indicate are reasonably available to finance the facilities. The resulting figure is known as the LOCAL IMPACT COST. FUTURE REVENUE CREDIT is the share of future taxes paid by new development that help finance facilities for which impact fees are assessed. NETIMPACT COST is the difference between the TOTAL IMPACT COST, past revenue credit, nonlocal revenues, and future revenue credit. Net Impact Cost Table E~4 calculates the net impact cost per weighted resident. It calculates first the cost of providing one EMS station for every 0.000068 weighted residents. Table E-5 reports the impact fees that may be assessed on each land use. Collier County. Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 12 Table ES-4 CALCULATION OF NET IMPACT COST Consideration Figure Impact Cost Per Weighted Resident.~ Percent of assets funded with property taxes Value per weighted resident through property taxes Past revenue credit? Vacant buildable land value. Total assessed value. Percent past revenue credit. $69.56 50% $34.78 $2,392,133,305 $23,271,327,045 10.28% Amount past revenue credit.3 Percent nonlocal revenues? Amount nonlocal revenues credit? Ad Valorem amount, 1998-2003.6 Total revenue credits.7 Net impact cost per weighted resident.8 $3.58 0.00% $0.00 $0.00 $3.58 $65.98 Coil/or County. Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 13 Notes: 1. 2. 3. 4. 5. 6. 7. 8. From Table E-4. Based on taxable value for operating purposes, 1999. Impact cost times past credit percent. Percent excluding nonlocal revenues accounted for elsewhere. Impact cost times nonlocal' revenue percent. 1999 AUIR Facility Summary Form, p. 47. Past revenue credit plus nonlocal revenue credit plus future revenue credit. Impact cost less revenue credits. Collier County, Florida May 16, 200~}(.....~ EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 14 Table ES-5 NET IMPACT COST SCHEDULE 24-Hour Net Impact Impact Functional Cost ~ Land Use Units Residents $65.98 Residential Less than 1,500 sf Dwelling 1.41 $93.03 1,500 to 2,499 sf Dwelling 1.57 $103.59 2,500 sfor larger Dwelling 1.97 $129.98 Transient, Assisted, Group Hotel, Motel Room 0.57 $37.61 Nursing Home, ACLF Bed I. 16 $76.54 Recreational Marina Berths 0.17 $11.22 Golf Course 18 holes 123.07 $8,120.16 Movie Theater with Matinee Screen 11.23 $740.96 Institutions ' Hospital 1,000 sf 1.91 $126.02 Elementary School Student 0.24 $15.84 Middle School Student 0.35 $23.09 High School Student 0.43 $28.37 Junior/Community College Student 0.16 $10.56 Collier County, Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 15 Table ES-5 NET IMPACT COST SCHEDULE 24-Hour Net Impact Impact Functional Cost ~ Land Use Units Residents $65.98 University/College Student 0.32 $21.11 Church 1,000 sf 0.51 $33.65 Day Care Center Student 0.29 $19.13 Office and Financial Office 50,000 SF or less 1,000 sf 1.26 $83.13 Office 50,001 - 100,000 SF 1,000 sf 1.07 $70.60 Office 100,001 - 200,000 SF 1,000 sf 0.91 $60.04 Office 200,001 - 400,000 SF 1,000 sf 0.78 $51.46 Office greater than 400,000 SF 1,000 sf 0.71 $46.85 Medical Office 1,000 sf 1.58 $104.25 Retail, Gross Square Feet Specialty Retail 1,000 sf 2.99 $197.28 Retail 50,000 SFGLA or less 1,000 sf 3.19 $210.48 Retail 50,001 - 100,000 SFGLA 1,000 sf 2.98 $196.62 Retail 100,001 - 150,000 SFGLA 1,000 sf 3.23 $213.12 Retail 150,001 - 200,000 SFGLA 1,000 sf 3.03 $199.92 Retail 200,001 - 400,000 SFGLA 1,000 sf 2.62 $172.87 Retail 400,001 - 600,000 SFGLA 1,000 sf 2.71 $178.81 Collier County. Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 16 Table ES-5 NET IMPACT COST SCHEDULE 24-Hour Net Impact Impact Functional Cost ~ Land Use Units Residents $65.98 Retail 600,001 - 1,000,000 SFGLA 1,000 sf 2.69 $177.49 Retail over 1,000,000 $FGLA 1,000 sf 2.36 $155.71 Pharmacy/Drug Store w/Drive-Thru 1,000 sf 2.34 $154.39 Home Improvement Superstore 1,000 sf 2.80 $184.74 Quality Restaurant 1,000 sf 8.00 $527.84 High-Turnover Restaurant 1,000 sf 8.67 $572.05 Fast Food Rest w/Drive-Thru 1,000 sf 11.08 $731.06 Gas/Service Station Fuel pos 2.45 $161.65 Quick Lube Bays 1.14 $75.22 Supermarket 1,000 sf 3.17 $209.16 Convenience Store 1,000 sf 4.83 $318.68 Convenience Store w/Gas Fuel pumps 5.08 $335.18 Convenience/Gas/Fast Food Store 1,000 sf 7.14 $471.10 Auto Repair 1,000 sf 3.94 $259.96 Tire Store Bays 5.40 $356.29 New and Used Car Sales 1,000 sf 2.14 $141.20 Self Service Car Wash Bays 1.95 $128.66 Bank/Savings Walk-in 1,000 sf 1.84 $121.40 Collier County. Florida May 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 17 Table ES-5 NET IMPACT COST SCHEDULE 24-Hour Net Impact Impact Functional Cost ~ Land Use Units Residents $65.98 Bank/Savings Drive-in 1,000 sf1.60 $105.57 Industrial General Industrial 1,000 sf0.62 $40.91 Business Park 1,000 sf1.49 $98.31 Mini-Warehouse 1,000 sf0.07 $4.62 Collier County, Florida May 16, 2000/~.~.~;- EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 18 APPENDIX THE CONCEPT AND CALCULATION OF FUNCTIONAL RESIDENTS Impact fees are an evolving field of professional practice. There appears to be a trend nationally to (a) broaden the base of impact fee assessments to (i) level out the burdens incurred by any given land use and (ii) assure greater equity in assigning burdens and benefits, (b) broaden the scope of impact fee analysis to provide greater accountability for calculations, and (c) be more sensitive to the variation of impact on different kinds and sizes of housing. [See Arthm: C. Nelson, "Development Impact Fees: The Next Generation," Urban Lawyer, 26(3): 541-562 (1995); see also James C. Nicholas, "On the Progression of Impact Fees," Journal of the American Planning Association 58:517-524 (1992)]. One way to do this is to calculate "functional residents" as a means to fairly apportion facility burdens among different land uses. The demand for new or expanded facilities is usually associated with growth. Growth is manifested by new residents, new households, new visitors, and new workers. Growth brings new homes, new commercial and industrial space, new office space, and new or expanded infrastructure. Impact fees are used to finance some of the new or expanded infrastructure needed to accommodate new development. A major question for impact fee analysis is how to measure growth. All new development impacts on some facilities, such as roads and public safety. For other facilities, only certain development would seem to be impacted such as residential development impacting schools and neighborhood parks. Demand also varies by time of year. In Collier County, the peak population occurs during the low-temperature months (roughly six months from November/December through April/May). Collier County. Florida May 16, 2000 //~,2 ((--'" EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 19 THE FUNCTIONAL RESIDENT CONCEPT Population or even weighted population may not enable one to fully apportion the demand for new or expanded facilities between different land uses. The conversion of resident population, seasonal population, and employment is often necessary. This is done through the calculation of "functional residents." Functional resident population is analogous to the concept of "full-time equivalent" employees. It represents the number of "full-time equivalent" people present in a geographic area or site. It can be measured on a 24-hour basis (24 hours each day, seven days each week) or on a daytime basis (16 hours each day, seven days each week). Functional residents allow one'to (a) measure the level of service on an area-wide basis and (b) estimate demands for facilities generated by a particular land use. Functional resident estimates for the County as a whole and for specific land use categories are necessary. The estimate of functional resident population is used to calculate the ratio of functional residents to weighted residents for a base year. This allows for adjustments to impact fee calculations for those facilities, such as emergency services, that have levels of service standards based on weighted residents (therefore not reflecting workers and daytime visitors) but which actually serve residents, workers, and visitors around the clock. Functional resident estimates for specific land-use categories are calculated to achieve comparability in impact fee assessments across different land uses. The estimate of general functional resident population is made through separate estimates of residential and nonresidential functional residents. Residential Functional Population The residential component of functional resident population is considerably simpler than the nonresidential component, so it is addressed first. It is assumed that people spend 60% of each 24-hour day at their place of residence and 40% away from home. This is shown in Table Appendix- 1B. Collier County. Florida ITEM 2ooo EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 20 Nonresident Functional Population Not so easy is estimating functional residents for nonresidential land uses. In a methodology pioneered by Arthur C. Nelson and James C. Nicholas, and now used internationally,~ functional resident population can be estimated using trip generation data compiled by the Institute of Transportation Engineers' (ITE) Trip Generation manual, information on employees per impact unit (such as 1,000 square feet of space), passengers per vehicle, and length of time spent at the destination. Specific calculations include: Total one-way trips per impact unit (ITE trips times 50 percent to avoid double counting entering and existing trips as two trips). · Employees per impact unit (from ITE and other sources). Visitors per impact units based on part on occupants per vehicle (trips times occupants per vehicle minus employees). Worker hours per week per impact unit (such as workers times eight hours per day times five days in a work week). Visitor hours per week per impact unit (visitors times number of hours per day times relevant days in week such as five for offices and seven for stores). Functional residents (total hours occupied divided by hours in the week which is 24 hours/day X 7 days/week [168 hours] for the 24-hour day and 16 hours/day X 7 days/week [112 hours] for the daytime day). For the County as a whole, in 1997, Table Appendix-lB estimates functional residents, and shows the relationship between weighted residents and functional residents. Functional Residents by Specific Land-Use Category When services are impacted by a wide range of land uses, an estimate of that impact is needed for each land use. Functional resident estimates can be used. This is done here for residential and nonresidential land uses. Arthur C. Nelson and James C. Nicholas, "Estimating Functional Population for Facility Plannin of Urban Planning and Development I 18(2): 45-58 (1992). Collier County, Florida Ma' JUN 2 ? 2000 1 6, 2000//~" Pg.~ EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 21 Residential Land Uses. Consider first residential land uses that include residences, hotels, motels, nursing homes, and adult congregate living facilities (ACLF). Secondary sources, such as Trip Generation prepared by the Institute of Traffic Engineers (sixth edition), indicate population by unit for hotels, motels, nursing homes, and ACLF land uses, which are shown in Table Appendix-3A. More problematic is estimating residents for occupied residential units. Here, house size and persons per house based on house size are derived from two sources. From the American Housing Survey, national sample for 1995, house sizes for dwellings of zero to four and more bedrooms is reported for the nation as a whole, central cities (such as Naples), suburban areas, and nonmetropolitan areas. The central city category is appropriate here. From the Public Use Microsample (PUMS) for Collier County for 1990, persons per unit based on number of bedrooms can be determined. Table Appendix-2 merges these two pieces of informati9n into an estimate of persons per dwelling unit based on unit size. Because persons per unit and dwelling unit size for two and three bedroom units were nearly identical, the weighted average of those units are reported together. Nonresidential Land Uses. A similar approach is used to estimate functional residents for nonresidential land uses. Table Appendix-4 reports basic assumptions and calculations such as trips per unit, trips per employee, employees per impact unit, total one-way trips per impact unit, worker hours, and occupants per vehicle trip. Table Appendix-4 also includes visitor considerations and shows estimated 24-hour and daytime functional residents by land use. Collier County, Florida May AGEI~A ITEM 7 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 22 Table Appendix-lA POPULATION, EMPLOYMENT, AND FUNCTIONAL RESIDENTS One-Way Primary Population, ITE Trips Per Person Employment 1997-98 Class Persons Hours4 Occupants Per Trips Population~ Weighted 232,210 Employment2 Construction 11,922 NA 20.000 8.0 Manufacturing 2,936 140 1.910 8.0 Transp., Corn., Utility 3,087 770 2.020 8.0 Wholesale Trade 2,964 150 1.050 8.0 Retail Trade 23,587 820 53.650 8.0 Finance, Ins., Real Estate12,735 750 1.750 8.0 Business, Pers. Services 40,722 750 1.750 8.0 Government 9,170 730 6.405 8.0 Total 107,123 1.10 1.25 1.25 1.30 1.70 1.20 1.20 1.20 Notes: I. 2. o ~ Collier County, 1998 AUIR Facility Summary Form, p. 47. Regional Economic Information System, Bureau of Economic Analysis, 1997, for Naples, Florida, MSA. Adapted from Institute of Traffic Engineers, Trip Generation, sixth edition. Various sources such as Institute of Traffic Engineers, Trip Generation, sixth edition, Federal Highway Administration, Nationwide Personal Transportation Study. Estimate. This figure is not used for actual impact fee calculations. Collier County. Florida 11~.20nn //'7 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 23 Table Appendix-lB POPULATION, EMPLOYMENT AND FUNCTIONAL RESIDENTS 24-Hour Hours Days Functional 24-Hour Population, Visitors, Per Per Resident Functional Employment Companions~ Trip2 Week2 CoefficienP Residents Population Weighted 0.60 139,326 Employment Construction 21.00 0.75 5 0.71 8,427 Manufacturing 1.39 1.00 5 0.28 820 Transp., Com., Utility 1.53 0.75 5 0.27 840 Wholesale Trade 0.37 1.00 5 0.25 738 Retail Trade 90.21 0.75 7 3.15 74,352 Finance,Ins.,Real Estate 1.10 1.00 5 0.27 3,449 Business,Pers. Services I. 10 1.00 5 0.27 11,029 Government 6.69 1.00 7 1.00 9,170 Total 1.00 248,151 Ratio Weighted to Functional Residents 94% Notes: 1. 2. 3. [(Trips/Employee X Occupants Per Trip)/(Trips/Employee)]. Assumed. For permanent residential land use, assumes average person occupies residential space 14.4 hours during a 24-hour day; seasonal land use is assumed at 12 hours per day. For nonresidential land use: [(Workers X Hours/Day X Days/Week) + (Visitors X Hours/Visit X Davs/Weel)] (24 Hours/Day X 7 Days) ~_NOA ITE~ JUN 2 7 2OOO Collier County. Florida May EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUD Y 24 Table Appendix-2 AVERAGE HOUSEHOLD SIZE BASED ON DWELLING UNIT SIZE House Size Category~ Household Sizez Less than 1,500 sf 2.48 1,500 to 2,499 sf 2.75 2,500 sfor larger 3.46 Notes: 1. American Housing Survey for central cities, 1995 (Department of Housing and Urban Development H150/95), p. 415. Public Use Microsample for Collier County, 1990, Bureau of the Census. Collier County. Florida Ma AGENDA r~ JUN 2 7 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUDY 25 Table Appendix-3A FUNCTIONAL RESIDENTS BY RESIDENTIAL LAND-USE CATEGORY LAND USES -RESIDENTS- Land Use Weighted ITE Residents Vacancy Residents Unit Code Per Unit~ Factor~ Per Unit~ Hours At Place4 Residential Occupied Less than 1,500 sf 1,500 to 2,499 sf 2,500 sfor larger Residential Transient, Assisted, Group Hotel, Motel Nursing Home, ACLF Dwelling 210 2.48 5.00% 2.356 14.4 Dwelling 210 2.75 5.00% · 2.613 14.4 Dwelling 210 3.46 5.00% 3.287 14.4 Room 310,320 1.615 50.00% 0.8075 Bed 620,252 1.250 5.00% 1.1875 12 20 Notes: 1. 2. o From Table Appendix-2. Approximate national average vacancy rate for owner-occupied housing. Local occupancy rate assumption for transient housing stock. Persons per unit times (1 - vacancy rate). Twenty-four hour basis. Figures are assumptions. Collier County. Florida May JUN 2 7 2000 16, 2000 EMERGENCY MEDICAL FACILITIES DEVELOPMENT IMPACT FEE UPDATE STUDY 26 Table BASE-3B FUNCTIONAL RESIDENTS BY RESIDENTIAL LAND-USE CATEGORY - WORKERS AND TOTAL - Land Use Unit 24-Hour Workers Hours Days Func. Per At Per Res./ Unit Place Week Unit~ Residential Occupied Less than 1,500 square feet 1,500 to 2,499 square feet. 2,500 square feet or larger Residential Trans., Assisted, Group Hotel, Motel Nursing Home, ACLF Dwelling 0.00 7 1.414 Dwelling 0.00 7 1.568 Dwelling 0.00 7 1.972 Room 0.50 8 7 0.570 Bed 0.50 8 7 1.156 Notes: 1. [(Occupants X Hours/Day X Days/Week) + (Workers X Hours/Day X Days/Week)] (24 Hours/Day X 7 Days) Collier County. Florida Mayl JUN 2 7 2000 16, 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 88-97, AS AMENDED, PROVIDING FOR MODIFICATIONS AND UPDATING OF THE STUDY ENTITLED "LIBRARY IMPACT FEES FOR COLLIER COUNTY, FLORIDA"; PROVIDING FOR A REVISION TO THE IMPOSITION OF LIBRARY SYSTEM IMPACT FEES BY INCREASING THE LIBRARY SYSTEM IMPACT FEE PER DWELLING UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted Ordinance No. 88-97 establishing a Library System Impact Fee; and WHEREAS, Collier County Ordinance No. 88-97, Section 3.08, provides that the Library System Impact Fee Ordinance and the Library System Impact Fee Study be reviewed; and WHEREAS, the Board of County Commissioners of Collier County authorized the County's Consultants to review the Ordinance and conduct a Library System Impact Fee Update Study; and X3fHEREAS, the Board of County Commissioners desires to amend Ordinance 88-97, as amended, by increasing the Library System Impact Fee per dwelling unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOKIDA that: ~ AMENDMENT TO SECTION 1.04 OF COLLIER COUNTY ORDINANCE NO. 88-97, AS AMENDED Section 1.04 of Collier County Ordinance No. 88-97 is hereby amended to read as follows: SECTION 1.04. Adoption of Impact Fee Studies. The Board hereby adopts and incorporates by reference, the studies entitled "Library Impact Fees for Collier County, Florida" and the "Library Impact Fees for Collier County, Florida 1990 Update" ~ Facilities and Items Development Impact Fee Update Study" dated May 16. 2000, particularly the assumptions, conclusions and findings in such studies as to the determination of anticipated costs of the additions to the County Library System required to accommodate growth contemplated in the Comprehensive Plan. The Board further incorporates by reference the Words underlined are additions, words stn:ck tkrcugh are deletions. Comprehensive Plan as adopted, as it relates to improvements and additions to the County Library System. SECTION TWO: AMENDMENT TO SECTION 2.01 OF COLLIER COUNTY ORDINANCE NO. 88-97, AS AMENDED Effective October 1, 2000, Section 2.01 of Collier County Ordinance No. 88-97, as amended, is hereby amended to read as follows: Section 2.01: Imposition. A. All Library System Impact Construction occurring within the County, both within the unincorporated areas and within the boundaries of all municipalities, shall pay a Library System Impact Fee in the amount cf $ ! °,,0.52 per Dwelling Unit. 1. For Library_ System Impact Construction less than 1.500 square feet. the Library_ System Impact Fee shall be $214.00 per Dwelling Unit. 2. For Library_ System Impact Construction from 1.500 square feet to ~,499 square feet. the Library. System Impact Fee shall be $238.00 per Dwellinc Unit. 3. For Library_ System Impact Construction 2.500 square feet or larger. the Library. System Impact Fee shall be $299.00 per Dwelling Unit. The square footage of the Dwelling Unit shall be calculated based on the air-conditioned building area. B. The Library System Impact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of a Building Permit and is intended to provide funds only for growth necessitated improvements and additions to the County Library System. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words underlined are additions, words stn:ck t.~ougk are deletions. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:HFA\ImpactFeeDocsXLibrarylmpactFceOrd-Tindall Words underlined are additions, words str',:c!: tSrcugh are deletions. JUN g 7 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-71, AS AMENDED, PROVIDING FOR MODIFICATIONS AND UPDATING OF THE STUDY ENTITLED "IMPACT FEES FOR EMERGENCY MEDICAL SERVICES FOR COLLIER COUNTY, FLORIDA"; PROVIDING FOR REVISIONS TO APPENDIX B, EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 7, 1991, the Board of County Commissioners adopted Ordinance No. 91-71 entitled the "Emergency Medical Services Impact Fee Ordinance"; and WHEREAS, the Board of County Commissioners desires to revise and update Appendix B, Emergency Medical Services Impact Fee Rate Schedule contained in Ordinance No. 91-71, as amended; and WHEREAS, the Board of County Commissioners desires to revise and update the land uses contained in Appendix B; and WHEREAS, the Board of County Commissioners desires to replace the previously adopted Appendix B with a new Appendix B in order to effectuate these changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION 1.04 OF COLLIER COUNTY ORDINANCE NO. 91-71, AS AMENDED. Section 1.04 is hereby amended to read as follows: SECTION 1.04. Adoption of Impact Fee £v.'.dy Studies and Comprehensive Plan. The Board hereby adopts and incorporates by reference the r.V.'.dy studies entitled "Impact Fees for Emergency Medical Services for Collier County, Florida" and "Emergency Medical Services Development Impact Fee Update Study" dated May 16. 2000. particularly the assumptions, conclusions and findings in such :t~:dy studies as to the determination of anticipated costs of additions to the Emergency Medical Services System required to accommodate growth. The Board further incorporates by reference the Comprehensive Plan as approved on January 10, 1989 as it relates to the improvements and additions to the Emergency Medical Services System. Words underline~l are additions, words stvack tb, rc, ugh are deletions. JUN 27 2000 DELETION OF APPENDIX B OF COUNTY ORDINANCE 91-71, AS AMENDED, AND ADOPTION OF APPENDIX B ATTACHED HERETO AND MADE A PART HEREOF AS APPENDIX B. Effective October 1, 2000, Appendix B of County Ordinance No. 91-71, as amended, is hereby deleted, and in its place, the attached Appendix B is adopted and added in its place. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. · This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __day of ., 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:HFA\lmpactFeeDocs~EMSlmpactFeeOrd-Tindall Words underlined are additions, words :t:'.'-ck thrcugh are deletions. No, __f--~' JUN 2 7 2000 LAND USE RESIDENTIAL ¢;~"'~ Family Less than 1,500 so ft 1.500 to 2.499 so ft 2.500 sq ft or larger NON-RESIDENTIAL Transient. Assisted. Group Hotel. Motel Nursine Home. ACLF Recreational Marina Golf Course Movie Theater Mcdica! Institutions Hospita} Elementary School Middle School High School ,lun}0r/q~0mmuniW Co{fete Universitw/College Church Day (~Br¢ Center Ccm:n. crcia! v ........., r~o. lndas~ia!, Mmnafacturmg Ch'arch Agriculture Offi~ g~0 Financial Office 70 000 so ft or less Office 50.001 - 100,000 so fl Office I00.001 -200~000 so ft Office 200.001 - 400.000 sq ft Office greater than 400.000 so ~ Medical Office APPENDIX B EMERGENCY MEDICAL SERVICES IMPACT FEES (2) ~ (.4) (4) CHARGE CHARGE ABLE YEARS ABLE AELE COST ~ COST COST ~ TIME PER YEAR PER YEAR YEAR FP..~.ME (-6) (2) TOTAL IMPACT FEE ! 4,28/dwell!rig "nit ! .57/dwe!ling a-;it 3 ! .d2/dwe!l!ng :;nit $ 93/dwellinc unit $ 104/dwelling unit $ 130/dwelling unit S 38/room $ 77/bed $ I 1/berth $83 20/18 holes 5741/screen 126/1.000 m fl 16/student 23/student 28/student 1 I/student 21/student 34/1.000 sq R $ 19/student 13AZq,O~ ~ ~ <5.~9/!,9~ ~ ~ 83/1.000 sq fi 71/I.000 sq fi 60/1.000 so fi 51/I.000 sq ff 47/1.000 so ft 104/1.000 so ff JUN Y.000 : APPENDIX B EMERGENCY MEDICAL SERVICES IMPACT FEES (Continued) (1) LAND USE A,M~nU HEL! TOTAL LANCE COPTER CHARGE CHARGE CHARG AELE YEARS COST COST P-ER TIME PEP. YEAR PE~ YEAP. YEAP. FP~.ME (/~ (2) TOTAL IMPACTFEE Retail (Gross Leasable Area,} Specialw Retail Retail 50.000 ~q fi or less Retail 50.001 - 100.000 sq fl Retail 100.001 - 150.000 sq fi Retail 150.001 - 200.000 so_ fi Retail 200.001 - 400.000 so ft Retail 400.001 - 600.000 so_ ft Retail 600.000 - 1.000.000 so ft Retail over 1.000.000 saft pharmacyf Drug Store w/ Drive-Thru Home Improvement Superstore Ouality Restaurant Hieh-Turnover Restaurant Fast Food Restaurant w/ prive-Thm Gas/Se~,ice Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Convenience Store/Gas/Fast Food Store Auto Repair Tire Store New aDO Used Car Sales $¢If Service Car Wash [Bank/Si~vines Walk-in Bank/Savings Drive-in Industrial General Industrial Business 'Park Miqi-w0rehouse 197/1.000 so. ft 210/I.000 sq ft 197/1.000 sq fl 213/1.000 sq fl 20011.000 sq fl 173/1.000 sq ft 179/1.000 sq fl 177/I .000 sq ft 156/1.000 sq ft 154/1.000 so. ft 185/I.000 sq ft 528/1.000 sq fl 572/I.000 sqf[ 731/I .000 sq l~ 62/fuel position 75/service bay 209/1.000 sq fl 319/1.000 so_ f~ 335/fuel pump ,¢71/1.000 so. f~ 260/1.000 so. ft 356/service bay 141/I .000 sq ~ 129/service bay 121/1.000 sq f~ 106/1.000 sqft 41/1.000 sq ~ 98/I.000 sq ft 5/1.000 sq ft JUN B 7 7_OOF EXECUTIVE SUMMARY V-2000-10, RODNEY K. AND DONNA R. PAVLISIN, REQUESTING A 5-FOOT VARIANCE FROM THE REQUIRED 10-FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES TO 5-FEET FOR PROPERTY LOCATED AT 5970 AMBERWOOD DRIVE, FURTHER DESCRIBED AS LOT 14, PELICAN STRAND REPLAT-6, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 5-foot variance from the required 10-foot rear yard setback to 5 feet, to allow for construction of a pool and enclosure, CONSIDERATIONS: The petitioner wishes to construct a pool and screen enclosure on a house in The Strand PUD. As detailed in the application, before the sale of the lot to the current owners, it was purported to be large enough to build the desired house within the required setbacks. After the sale, it was discovered that the lot would not be large enough to build the desired house. The petitioner and the builder worked together and reduced the size of the house, resulting in only the 5-foot encroachment in the southeast corner of the lot. The subject lot is on a water management lake. A letter from the South Florida Water Management District stated that the homeowners' association is responsible for lake maintenance, but there were no concerns beyond that. A letter from the Dorrill Management Group stated that the Association had no objection to the encroachment. At the Planning Commission hearing, the neighbor to the west, Lot 13, objected to the variance request (a copy of the objection is attached). Among the objections listed was obstruction of view corridors. In its discussion, the Planning Commission did not believe that the view corridors for Lot 13 would be impacted. A letter of no objection from the owner of Lot 15 was presented at the CCPC meeting. FISCAL IMPACT: Since the subject property consists of platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. GROVVTH MANAGEMENT IMPACT: Since the use of the lot is residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: Because of the misrepresentation of the lot size to the petitioner and because the pool and screen will be adjacent to a lake, an ameliorating factor, staff recommended that the CCPC forward Petition V-2000-10 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 1, 2000. A motion was made by Commissioner Priddy and seconded by Commissioner Pedone to forward the petition to the BZA with a recommendation of approval. The motion failed by a vote of 4 to 4 (due to a resignation, there are currently 8 Planning Commissioners). The Commissioners voting in opposition generally expressed sympathy for the petitioners' situation, but they said it was a dispute with the developer and not a land related hardship. 2 PREPARED BY: REVIEWED BY: RONALD F. NINO, AICP CURRENi PLANNING MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE DATE ApPenD BY: f~ VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-2000-10 3 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: MAY 9, 2000 SUBJECT: PETITION V-2000-10 AGENT/APPLICANT: OWNER: Rodney K. & Donna Pavlisin 26378 Guayaquil Drive Punta Gorda, FL REQUESTED ACTION: The petitioner requests a 5-foot variance from the required 10-foot rear yard setback to 5 feet, to allow for construction of a pool and enclosure. GEOGRAPHIC LOCATION: The subject property is located at 5970 Amberwood Drive, in The Strand PUD. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a pool and screen enclosure on a house in The Strand PUD. As detailed in the application, before the sale of the lot to the current owners, it was purported to be large enough to build the desired house within the required setbacks. After the sale, it was discovered that the lot would not be large enough to build the desired house. The petitioner and the builder worked together and reduced the size of the house, resulting in only the 5-foot encroachment in the southeast corner of the lot. The subject lot is on a water management lake. A letter from the South Florida Water Management District stated that the homeowners' association is responsible for lake maintenance, but there were no concerns beyond that. A letter from the Dorrill Management Group stated that the Association had no objection to the encroachment. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Single family home under construction; zoned PUD Amberwood Drive ROW Single family Lot 15; zoned PUD Water Management Lake Single family Lot 13; zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation .or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The circumstances involved the misrepresentation of the lot dimensions to the petitioners. They purchased the lot with the reasonable expectation that the home they desired could fit on that lot. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The petitioner bought the lot after being told that the home could fit on the subject lot. Circumstances changed when it was found that the lot was smaller than was represented. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The petitioner bought the lot specifically for a certain house to be built. Because the lot size was misrepresented, that house cannot be built on the subject lot without a variance. However, a house that meets the minimum dimensions of the PUD could be built on the lot. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A smaller house could be constructed and would be a reasonable use of the land. However, the requested variance will be the minimum required to construct the desired house and pool. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller rear yard than would be permitted for a similar lot in the PUD. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? 3 No, granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. go Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The proposed pool and screen area is adjacent to a stormwater management lake. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Because of the misrepresentation of the lot size to the petitioner and because the pool and screen will be adjacent to a lake, an ameliorating factor, staff recommends that the CCPC forward Petition V-2000-10 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variances. PREPARED BY: FRE~D~ REISCHL, SENIOR PLANNER CURRENT PLANNING ,NALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE AP.~P O~BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-2000-10 Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN 5 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: Planner Assigned: ~C~ Commission District: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Rodney K. and D, onna R. Pavlisin Petitioner's Address: 26378 Guayaquil Drive Punta Gorda, Florida 33983 Telephone: 941-629-6671 Home 941-575-1701 Work Agent's Name: None Agent's Address: None Telephone: None COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Iiomeowner Association: The Strand ttomeowners Association Mailing Address 5800 Strand Blvd. City Naples State Florida Zip 33410 Name of Homeowner Association: Mailing Address State__Zip Name of Homeowner Association: Mailing Address City State__Zip Name of Master Association: The Strand Master Association Mailing Address 5800 Strand Blvd City Naples State Florida Zip 33410 Name of Civic Association: Mailing Address City State__Zip PROPERTY DESCRIPTION: Legal Description of Subjecx Property: Subdivision: The Strand Property I.D. # 66679801085 Collier County Lot (s) 1.4 Tract Replat 6 Plat Book 31; pages 58-60 Public Records of Metes & Bounds Description: Address of Subject Property: 5970 Amberwood Drive Naples~ Florida 34110 (ff different from Petitioner's address) Current Zoning and Land use of Subject Parcel: PUD - Single Family Ilome Uuder Construction Adjacent Zoning & Land Use: ZONING LAND USE N PUD S Lake & Gulf Course W PUD E PUD Single Family Home Lake & Gulf Course Single Family 11ome Single Family Home Minimum Yard Requirements for Subject Property: Front: 10 Feet Comer Lot: Yes No X Side: 5 Feet Waterfront Lot: Yes X No Rear: 20 Feet - Home and 10 Feet - Screened Enclosure Nature of Petition Provide a detailed explanation oft he request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number {s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. In July of 1999, my wife (Donna Pavlisin) and I (Rodney Pavlisin) visited The Strand (lmmokalee Rd. and 1-75 - Exit 17) and met Bob Smith (Salesman). He gave us a tour of Tract 10 and specifically Lot #14. We acquired various "Strand" literature including a sheet with lot dimensions, sales price and statics (open, contract, closed). The stated dimensions of Lot #14 was96 feet X 145 feet X 92 feet X 151 feet. After touring the various builder's single family home models, we picked the "Strand 1" floor plan from Vision Homes. We spoke to the salesman (J.P. Morgan) and the owners of Vision (Sandy and Nelson Bordeau) and inquired if they could build this floor plan on Lot #14 in Tract 10. Sandy Bordeau consulted the original lot survey The Strand provides their approved builders and verified the dimensions to be 96 feet X 145 feet X 92 feet X 151 feet. Sandy Bordeau advised that the "Strand 1" floor plan would fit on our lot no problem. According to Sandy Bordeau, we could even extend back the rear pool deck 5 to 7 feet beyond their standard size rear deck. This was exactly what we wanted so we signed a contract with Vision Builders on September 18~ 1999 to build the "Strand 1" floor plan with a 7 foot rear pool deck extension on Lot #14 in Tract 10. We then purchased Lot #14 in Tract 10 on October 4, 1999. Again, the stated dimension at closing were 96 feet X 145 feet X 92 feet X 151 feet. Approximately 2 months later, the lot was surveyed. Construction was to begin. The surveyor informed Vision Builders and us that the house (even without the 7 foot pool deck extension) would not fit on the lot. The surveyed dimensions are 96 feet X 135 feet X 92 feet X 151 feet. The west side of the lot was 10 feet shorter then advertised by The Strand. Quite a disappointment. During the next 2 months, much effort was expended by Vision Builders and ourselves to redesign the house to conform to all lot setback requirements. We had to reconfirgure the 3 car garage and shorten the rear covered lanai roof overhang by approximately 3 feet. We pushed the pool storage room over to the side of the house. We didn't like to make these changes but we had no choice. The redesign lel~ a much smaller rear pool deck area, approximately 7 feet shorter than even Vision Builder's standard deck area. Not much room was let~ for a normal 400 square foot pool. My wife and I decided to petition Collier County to reduce the rear maintenance easement for our screen enclosure ~om 10 feet to 5 feet at the S.E. corner of our property only~ 5 ~ (a total of approximately 100 ~lOr Square feet). See Boundary Survey enclosed. Upon contacting The Strand's review board (and working with Beth Weber) on this proposed rear yard maintenance easement encroachment, we obtained a letter of no objection fi'om the president of the Dorrill Management Group, W. Nell Dorrill, which oversees the development of The Strand. (See letter enclosed). Richard Thompson, supervising professional for the South Florida Water Management District, was also contacted. The District cannot recommend nor approve an encroachment within this easement but he states that the decision to grant an encroachment rests with The Strand Master Association lnc. (specifically, W. Neil Dotrill), not to the District. The Strand is still responsible for all SFWMD maintenance requirements (see letter enclosed). I also have talked with my neighbor directly east of me (Lot #15) and he verbally told me he didn't have any objections. I should receive a letter of no objection fxom him on March 13, 2000. I have no neighbors on the west side yet or across the street. Vision Builders started to construct our home in February. Building Permit # 200011825. The approximate completion date of our home should be in October 2000. We believe this 5 foot ( ~£t )encroachment is necessary because it will create a larger and safer deck area for ourselves and our four girls, ages 4 to 12, to enjoy. This larger deck area will help to increase the resale value of our home. We sincerely request you approve this rear maintenance easement encroachment. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1- 8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and ckcumqances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes, I relied on the accuracy of the advertised lot dimensions of Lot #14, tract 10 given me by Bob Smith (lot salesman employed by The Strand). The western side of Lot # 14 was advertised as being 145 feet long but the survey proved it to be only 135 feet long. The house had to be redesigned to fit on the lot. 2. Are there special conditions and circumstances whicli do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, The Strand misrepresented the length of the western lot boundry by 10 feet. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. yes, the size of Lot #14 was mi.qrepresented to my wife and me. We can not build Vision's "Strand 1" floor plan on the last as stated in the original signed contract. The pool deck area would be much smiler, more confining. I believe I would suffer financial hardship (decrease resale value) one day upon selling the home. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes, if the variance is granted, the rear pool deck area will still be smaller than Vision Builder's proposed standard deck area, but the added deck area will make it much safer for our children. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No, I am not aware of any. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes, I believe that granting the variance would be harmony (not detrimental) with my Neighbor, other Strand residents and the Strand management team 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. A areall lake exists behind Lot #14. The water's edge is approximately 34 feet behind my Rear (south) property line. 39 feet behind the screen enclosure on the S.E. side if the Variance is granted. Will granting the variance be consistent with the growth management plan. Yes, the growth management plan should not be affected. VARIANCE PETITION ' APPLICATION SUBMITTAl, CHECKLIST Tills COMPLETED CHECKLIST IS TO BE SUBMITtED WYl'!l APPLICATION PACKET! REQUIREMENTS # or COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for1 reference 7. Application fee and Data Conversion Fee, checks shall. be made payable to Collier County Board of Commissioners 8. Other Requirements- _ As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal inforn~on may result in the delay of processing of this petition. t/Agent Signature Date l: u.P. -' ~ ~ i/ ~-s~Y c,~.s.'r I,~., { 1 /inNl~~~ (~VA~ON ~L L~ ~., C ~T ~O FI~D MEASURED UN~SS OTHER~SE NOTEQ ~! .~~~~~ H~EON [ARE BAgEO ON ASSUME0 [LEVA~ON OF 10~0~ February 18, 2000 South Florida Water Management District 2301 McGregor Blvdr Ft. Myers, FL 33901 To Whom It May Concern: RE: Rear Yard Encroachment, Lot 14 Tract 10 The Strand Dear Sirs: 'This shall serve a~ a ktt¢~' of no objoctio~ for the pro~sed pool ~creen enclost~c encroachment into the r~ yard matteamice casement on the a~ve [oi. lhis approval subject to m~ evaluation of the pool d~k to deten~ne ifa faster a~d stem wall would be necessary to finish grade and landsca~ requiemeats. If ~ou, upon re~%w of the a~x,e have any quegtions. please do not hesitate to call. Sincerely, Domll Mmmgement Group cc: Beth Wek~r Director :'/~ SOLrFH FLORIDA WATER MANAGEMENT DISTRICT FORT MYERS SERVICE CENTER 2301 McC;regor Boulevard, Fort Myers, FL 33901 24{96~338-2929 · FL WATS 1~,00-248-1201 - Suncorn 748-2929 · Fax (94t) 338-2936 · www.sfwmd.gov/org/exo/ftmyers/ March 2,2000 Rodney K. Pavlisin 26378 Guayaquil Drive Punta Gorda, FL 33983 SUBJECT: Maintenance Easement Encroachment Dear Mr. Pavlisin: This letter is in response to your request for District approval of an encroachment within the maintenance easement associated with the surface water management system serving your development. This easement was granted to Pelican Strand Master Association, Inc., not to the District. The decision to grant an encroachment rests with Pelican Strand Master Association, Inc. However, Pelican Strand Master Association, Inc. will still be responsible for the operation and maintenance of the entire SWM system. Section 7.5 of the SFWMD Basis of Review requires that a minimum twenty foot maintenance easement be legally reserved to Pelican Strand Master Association, Inc. to allow for the proper operation and maintenance of the system. The District cannot recommend nor approve an encroachment within this easement. Please call Richard Thompson or Karen Johnson of this office if you have any questions. The phone number is (941)-338-2929. Sincerely, Richard H. Thompson, P.E. Supervising Professional Fort Myers Service Center C; Pelican Strand Master Association, Inc. Dorrill Management Group GOVERNING ~OARD I~,XECUTIVE OFFICE SERVICE CENTER Michael Collins, Chairm,m Michael D. Minton, Vice Chairm,m Mitchell W. Berger Vera N1. Carter Gerardo B. Fernandez Patrick J. Gleason Nicolas I. Gutierrez, Jr. I tarkley R. Thornton Trudi K. Williams Frank R. Finch, P.E., Executive Director James E. Blount, Chief of Staff Chip Merriam, Director DI~II~ICT t.tL.~Pt2~IARr£R5.' 33111 Gun Club Road, P.O. Box 24680, '*West Pahn Beach, FL 334164680 · (56l) 686-8800 · FL WAI.B 1-800432-2045 Collier County Government Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 March 13, 2000 To Whom It May Concern: We understand that our neighbors, Rod and Donna Pavlisin, are petitioning the county for a five foot variance on the south-east portion of their property. We have no objection to them obtaining this variance. Sincerely, Owner of Lot 15 on Tract 10 May-26-00 11:05A Ian McKeag 941-403-9699 P.02 DATE: TO: FROM: MATTER: ROBERT W. McCLURE, P. A. Attorney-at-Law 500 Fifth Avenue So. Suite 509 Naples, Florida 34102 Telephone: 941/403-8692 Facsimile: 9411403-9699 MEMORANDUM May 26, 2000 Collier County Planning Commission Collier County Community Development Planning 2800 North Horseshoe Drive Naples, Florida 34104 Attention: Fred Reischl, Principal Planner Robert W. McClure, Esq. NOTICE OF OPPOSITION: Variance Petition No. V-2000-10/ Rodney K. and Donna R. Pavlisin Mr. Reischl- I represent Dennis Darragh who owns Lot 13 in Tract 10 of The Strand. Mr. Darragh's lot is adjacent on the west to Lot 14 of Rodney and Donna Pavlisin who have filed Variance Petition No. V-2000-10. We are submitting this notice in formal opposition to the petition. Mr Darragh will be delivenng an affidavit in support of our opposition directly to you under separate cover. From our review of the petition, we note that Mr. and Mrs. Pavlisin have based their variance request upon the following allegations: o The west side dimension of their lot was misrepresented to them by the developer to be 145 feet instead of 135 feet, and they relied upon this dimension when selecting and siting their home. When the petitioner's realized their western boundary was 10 feet shorter than they believed it to be, they redesigned their home. Construction on their home May-26-00 11:05A Ian McKeag 941-403-9699 P.03 Mr. Fred Reischl May26,2000 Page 2 was commenced in February, 2000 and is anticipated to be completed in October, 2000. [-Please note: The petitioners have not commenced construction on thetr pool deck.] Despite the redesign of their home and pool deck, the petitioners are requesting a variance for an encroachment of 5 feet (100 sq. ft.) into the rear maintenance easement because (1) it will create a larger and safer deck area for the petitioners and their children, and (2) the larger deck area will increase the resale value of the petitioners' home. We are opposed to the petition for the following reasons: 1. There are no special couditious or circumstances which are peculiar to the laud involved. The petitioners have alleged that the western boundary of their property was misrepresented by the developer to be 10 feet shorter than it was. They did not, however, corroborate this allegation with any independent evidence in their petition, Even if such misrepresentations were made, they are not relevant to this proceeding for two reasons: First, the alleged lot line discrepancy occurred on the west side of Lot 14 but the variance request is for an encroachment in the southeast comer of their property. Therefore, the location of the encroachment has no relationship to the basis of the petitioners' request. Secondly, as more particularly described in paragraph 2 below, by the petitioners' own admission, they were aware of the true length of the west side of their lot at least 2 months prior to the commencement of construction on their home. They therefore had (and still have) ample time to design their pool deck to avoid an encroachment. The burdens of proving the allegations of the petition and establishing the requirements for the variance are on the petitioners. Gomez v. St. Petersburg (1989 Fla. App. D2) 550 So.2d 7, 14 FLW 1510. We submit that the petitioners are unable to meet either of these burdens. 2. If any special conditions exist as the basis of the petitioners' request for a variance, they were self-created by the petitioners. The petitioners acknowledge that they discovered the western boundary of their lot was 135 feet approximately two months after they purchased the property on October 4, 1999. Yet they did not begin construction on their home until February, 2000 -- two months after they acknowledge knowing the true dimensions of their lot. The petitioners state they reconfigured their garage and lanai roof overhang to fit their home on the lot but give no reason why they cannot redesign their pool deck to avoid encroaching upo. n May-26-00 11:06A Ian McKeag 941-403-9699 P.04 Mr. Fred Reischl May 26, 2000 Page 3 the rear maintenance easement. In fact, the petitioners had full control over the size, location, and configuration of their home and pool deck. We submit that the petitioners have created the situation that leads them to believe they need a variance by constructing a house which is too large for the lot. There is no compelling reason why the petitioners cannot avoid an encroachment of the rear yard maintenance easement (as all other lake-side lot owners in The Strand have done) by redesigning their pool deck. The petitioners may not claim a variance for a condition which was self-created. Clark v. Morgan (1975, Fla.) 327 So. 2d 769; Josephson v. Autrey (1957, Fla.) 96 So.2d 784. 3. The petitioners have failed to show how the literal enforcement of the zoning code would result in any unnecessary or undue hardship as required under Section 2.7.5 of the Collier County Land Development Code and Florida law. We believe that the petitioners' grounds for hardship (i.e. more deck area for themselves and their cb_/ldren and a higher resale value for their home) are inadequate. The size of the pool deck area within the existing setbacks provides ample room for any reasonable use, and there is no basis to believe that the denial of the petition will diminish the safety of the occupants. The fact that the petitioners may not receive as much profit on the sale of their property without the variance does not constitute an unnecessary or undue hardship. Hanna v. Palm Beach County Bd. of Adiustment (1990 [5th Cir. Ct.) 42 Fla. Supp. 34, 15 FLW C23. 4. The variance, if granted, will not be the minimum variance which will make possible the reasonable use of the land. Since the petitioners have not yet constructed their pool deck and can redesign the deck to avoid any encroachment into the rear yard maintenance easement, the petition does not comply with the minimum variance requirement. This variance is being requested for no other reason than to add additional square footage to an already ample accessory structure. 5. The granting of this variance will be injurious to the neighborhood and detrimental to the public welfare. If the variance is granted, Mr. Darragh (Lot 13) and Joseph l~iondi (Lot 15) will be denied the view corridors to the lake behind their homes which they would have enjoyed had the variance not been granted. In addition, the granting of this variance will set a precedent to enable all future lake-side land owners in The Strand to claim a similar or even larger encroachment variance based upon unsubstantiated allegations of lot line misrepresentations. Finally, we submit that the granting of this variance will have a detrimental May-26-00 11:06A Ian McKeag 941-403-9699 P.05 Mr. Fred Reischl May 26, 2000 Page 4 effect on the ability of The Strand Master Association to maintain the lake bank behind the petitioners' home. It should be noted that the letter ofNeil Dorrill of Dorrill Management Group, attached to the petition, was addressed to the South Florida Water Management District (not to Collier County) and that the "no objection" position of Mr. Don-ill was conditional. In his letter, Mr. Dotrill states that the approval of the encroachment is subject to an evaluation of the pool deck to determine ifa stem wall would be necessary. We submit that it was and remains Mr. Dorrill's concern that the 5 foot encroachment ofthe petitioners' home into the rear yard maintenance easement will result in a steeper grade between the house and the lake's edge. Tkis in turn could make the maintenance of the lake bank more difficult and hazardous. We suggest Mr. Dorrill be consulted in this regard before final action on the petition is taken. For the foregoing reasons we respectfully request that the Collier County Planning Commission recommend the rejection of this petition. I will be attending the hearing of the Collier County Planning Commission on June 1, 2000 and request the opportunity to speak in opposition to this petition. Robert W. McClure, Esq. RWM/rm RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-00-10, 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 5-foot variance from the required rear yard setback of 10 feet to 5 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-10, filed by Rodney K. & Donna R. Pavlisin, with respect to the property hereinafter described as: Lot 14, Pelican Strand Replat-6, as recorded in Plat Book 31, Pages 58 - 60 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 5-foot variance from the required rear yard setback of 10 feet to 5 feet as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the following condition: This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-10 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: MARNI SCUDERI ASSISTANT COUNTY ATTORNEY g/admin/V-2000-I 0 KESOLUTION/FRAm TIMOTHY J. CONSTANTINE, CHAIRMAN -2- LOT ] TRACT U.P. 14, F PROPC~SED ONE-STORY C.B,$. I:1N1~4 rl.,00~ E;LEVATION - 18' ABOVE; q. OF ROAD LOT 14 10 LOT 1 TRACT ~ TRACT lO & r..ll.16 - Iqll¥ · %Jl~ · III~ mm ¥,Q.., %(3' g.t.P, Exhibit" EXECUTIVE SUMMARY V-2000-12, RICHARD BARANSKI, REPRESENTING MICHAEL BROWDER, REQUESTING AN AFTER-THE-FACT VARIANCE OF 1.5 FEET FROM THE REQUIRED 10-FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES TO 8.5 FEET FOR PROPERTY LOCATED AT 6630 NEW HAVEN CIRCLE, FURTHER DESCRIBED AS LOT 122, MILL RUN AT THE CROSSINGS, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 1.5-foot after-the-fact variance from the required 10-foot rear yard setback for an accessory structure to 8.5 feet, along the north property line to allow a screen enclosure to remain as currently constructed. CONSIDERATIONS: A pool was constructed as an addition to a single-family house in 1998, passed the spot survey and received a Certificate of Occupancy. Upon a pending sale of the property, another survey was completed, which indicated an encroachment of 1.5 feet into the rear yard accessory setback. Research for this variance revealed that the original survey also showed the same rear yard encroachment. The Building Review & Permitting Department approved that spot survey and issued the Certificate of Occupancy in error. FISCAL IMPACT: Since the subject property consists of platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use of the lot is residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: Because the structure was issued a Certificate of Occupancy due to a Building Review and Permitting Department Error, and because it is adjacent to a lake, staff recommended that the CCPC forward Petition V-2000-12 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 1, 2000. By a vote of 7 to 1 the CCPC forwarded petition V~2000-12 to the Board of Zoning Appeals with a recommendation of approval. 2 PREPARED BY: FR DE,.D_j~ISCHL, SENIOR PLANNER CURRENT PLANNING DATE REVIEWED BY: ' RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APP~OV~:D BY: ?~' ~," :;~ _./ .. /- ~ VINCENT A. CAUTERO, AICP' DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-12 3 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: MAY 9, 2000 SUBJECT: PETITION V-2000-12 AGENT/APPLICANT: OWNER: AGENT: Mr. & Mrs. Michael Browder 6630 New Haven Circle Naples, FL 34109 Richard Baranski 2009 Deerfield Circle Naples, FL 34109 REQUESTED ACTION: The petitioner requests a 1.5-foot after-the-fact variance from the required 10-foot rear yard setback for an accessory structure to 8.5 feet, along the north property line to allow a screen enclosure to remain as currently constructed. GEOGRAPHIC LOCATION: The subject property is located at 6630 New Haven Circle, in the Crossings (Sleepy Hollow PUD), PURPOSE/DESCRIPTION OF PROJECT: A pool was constructed as an addition to a single-family house in 1998, passed the spot survey and received a Certificate of Occupancy. Upon a pending sale of the property, another survey was completed, which indicated an encroachment of 1.5 feet into the rear yard accessory setback. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Single family house & pool; zoned PUD Drainage and conservation easement Single family house; zoned PUD New Haven Circle ROW Single family house; zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The pool was given a Certificate of Occupancy when a spot survey indicated that the structure met the rear yard setback. A subsequent survey revealed the encroachment. 2/_~j Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The County issued a Certificate of Occupancy upon approval of a spot survey. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The petitioner was issued a Certificate of Occupancy by the County, and had a reasonable expectation that the pool was in compliance with the required setbacks. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. Since the pool and cage are existing, the requested variance will be the minimum required. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller rear yard than would be permitted for a similar lot in the Sleepy Hollow PUD. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The encroachment is adjacent to a drainage and conservation easement. h. Will granting the variance be consistent with the Growth Management Plan? 3 Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Because the structure was issued a Certificate of Occupancy and because it is adjacent to a lake, staff recommends that the CCPC forward Petition V-2000-12 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variances. PREPARE~Y: FRED I~EISCHL, SENIOR PLANNER CURRENT PLANNING RbN~,Lb'"~. CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED'BY: .. VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-2000-12 Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN VARIANCE PETITION (VARIANCE FROM SETBAC7 (S) REQUIRED FOR A PAR~ICULARi Ii7ONIN..G, D.ISTRJCT) F-'\F._U;7;' . ~ . ' ~ . . . :..' 2LL~z,..'- '- .- ': -' -: .... Petition No. t: "~ ': '~ :! ~:'Date Petition Received{ Commission District: '-: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Mr. And Mrs. Michael Browder Petitioner's Address: 34109 6630 New Haven Circle, Naples F1 545 West Valoro Dr. Tucson, Az 85737 Telephone: 520-544-2434 Agent's Name: __ Richard Baranski Agent's Address: _2009 Deerfield Circle Naples Fl. 34109 Telephone: 941-598-3432 Application for Variance Petition - 8/98 Page 1 of 8 ¢ COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Association Mill Run Homeowners Mailing Address 1044 Castello Dr. ste 206 City Naples State F1 Zip_34103__ Name of Homeowner Association: Mailing Address City State ~ Zip ,, Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Mill Run ~ The Crossings 122 Block (s) _102.0 Section 2__ Twp. 49__ Range 29505008559 Unit 25 Property I.D. # Lot (s) Application for Variance Petition - 8/98 Page 2 of 8 Metes & Bounds Description: Address of Subject Property: 34109 6630 New Haven Circle (If different fi'om Petitioner's address) Naples F1 Current Zoning and Land use o~f Subject Parcel: Residence Single Family Adjacent Zoning & Land Use: ZONING LAND USE N SFR S SFR W SFR E SFR Minimum Yard Requirements for Subject Property: Front: 30 ft Comer Lot: Yes [~] No x Side: 10 ft Rear: 15 ft Waterfront Lot: Yes x Application for Variance Petition - 8/98 Page 3 of 8 Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Application for Variance Petition - 8/98 Page 4 of 8 Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or xvelfare. Y'e-5 5 /9 77 ocr/r t" 7- Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Application for Variance Petition - 8/98 Page 5 of 8 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. __no Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherxvise detrimental to the public ~velfare. yes 5~G~c ///-/'7'/] Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. no 8. Will granting the variance be consistent with the growth management plan. Al~plication for Variance Petition - 8/98 Page 6 of 8 /¥ REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee and Data Conversion Fee, checks shall_ be made payable to Collier County Board of Commissioners 8. Other Requirements- _ As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Agent Signature Date Application for Variance Petition - 8/98 Page 7 of 8 A FFID.4 Vl T We/1, ~~ ~, _(3~.~)~-t~,. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize ! C',,//~:o Z~/?/f ,'/A/S te,' as our/my representative in any matters regar:g ihis Petition. to act Signature bf Properly Owner : / Signature of Prope~rgy Owner Typed or Printed Name of Owner Typed or Printed Name of Owner ' "- ' ! 4.. / ? "~ The foregoing tns~ument was ac~owledged befpre me this -2' ~ d~ of }? )d~c ~ , as tdentificatton. Application for Variance Petition - 8/98 (SignatureSf Notary Publi~j- State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Page 8 of 8 /7 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 12, FOR AN AFTER-THE-FACT 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 1.5-foot after-the-fact variance from the required 10-foot rear yard setback for accessory structures to 8.5 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-12 filed by Richard Baranski, representing Mr. & Mrs. Michael Browder, with respect to the property hereinafter described as: Lot 122, The Crossings at Mill Run, as recorded in Plat Book 15, Pages 39 - 41 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 1.5-foot after-the-fact variance from the required 10- foot rear yard setback for accessory structures to 8.5 feet as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-12 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ., 2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: TIMOTHY J. CONSTANTINE, CHAIRMAN MarjonO M. Student' Assistant County Attorney g,'admin,' RESOLUTION/V-2000-12/FR/ts -2- /? E.£A Iv'.4L L LDT DCCUPIED 30 GRAPHIC SCALE TRACT ,~'AIN4GE AND CI~7N~£RVATI{~I EASE~E'NT MATER ~NT ~ACT~ 10~ PU£ ~ ~$' va rE'~ LI2T IE'~ Tt,~7 #~30 NEIVHA V'E'N CI'RCI.£ ~=~ 4 · 6O F~,IND C~VCRETE LOT IEl DCr%IPIED Radius= Delta= 48'30~00' A~C= Tangent= Chord= 4L07 ~8~'55'~7'~ 41.01' Exhibit "A" III -- EXECUTIVE SUMMARY PETITION SV-2000-01, KAREN BISHOP OF PMS, INC. REPRESENTING VANDERBILT PARTNERS, LTD. REQUESTING A VARIANCEFROM THE PROVISIONS OF SUBSECTION 2.5.5.1.6. OFTHE LDC WHICHPERMITS A MAXIMUM OF TWO SIGNS, WITHA MAXIMUM HEIGHT OF EIGHTFEET AND A MAXIMUM AREA OF SIXTY FOUR SQUARE FEET, WITH THE RESULTING VARIANCE ALLOWING FOR THREE SIGNS, TWO LOCATED ON THE SOUTHERN CORNER OF THE PROPERTY WITH ONE THIRTY TWO SQUARE FOOT SIGN ON A PLANTER WALL AT THE BASE OF AN EXISTING STRUCTURE, ONE SIGN ON THE SAME STRUCTURE AT A HEIGHT OF TWENTY TWO FEET WITH AN AREA OF FIFTEEN SQUARE FEET AND ONE SIGN AT THE ENTRANCE TO THE DEVELOPMENT WITH AN AREA OF THIRTY TWO SQUARE FEET FOR PROPERTY LOCATED AT THE INTERSECTION OF VANDERBILT DRIVE AND VANDERBILT BEACH ROAD AND KNOWN AS REGATTA. OBJECTIVE: The petitioner is requesting the above described variance in order to install three wall signs for a multi-family development. CONSIDERATIONS: During the development of this site a subdivision sign was removed. The subdivision association asked the developers to install a subdivision sign at the completion of the construction. The applicant is proposing to install a sign at the corner of the property for the subdivision giving the name of the subdivision. This sign will be placed on a planter wall at the base of a pump station building. Further, the applicant wishes to relocate one of the two entry sign to the corner of the building and install it on the same pump house building at the height of 22 feet. The third sign will remain at the entrance to the development. The reason for this action, according to the applicant is that they have no access on Vanderbilt Drive and the only access on Vanderbilt Beach Road is well away from the intersection. In view of this it is their opinion that unless there is a wall sign on the pump station building the motorist on Vanderbilt Drive will not be able to identify the complex and have difficulty to find it. In summary, the applicant is requesting a total of three project identification signs, one of which is intended to identify the Vanderbilt Beach Subdivision. This variance is necessary, primarily due to the fact that one of the signs, 15 square 1 feet in area, is intended to be placed at the top of a pump house at a height of 22 feet. The Collier County Planning Commission reviewed this petition on June 1, 2000 and by a vote of 6-2 recommended approval. Staff received several letters of objection to this request. Most objections were to the height of the proposed sign on the pump-house building. This item did not qualify to be placed on the Summary Agenda. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION TO THE CCPC: Staff recommended that the CCPC forward this petition to the BZA with a recommendation for approval. The basis for this recommendation was that installing a sign to alert the motorists driving on Vanderbilt Drive to the location of this large development will provide safer roads in the area and will avoid unnecessary U-turns on Vanderbilt Beach Road. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission by a vote of 6-2 recommended that the Board of Zoning Appeals approve SV-2000-01. 2 No. 1~-' ~/' 'J,~) JUN ~ 7 2000 PgL. ~'~ ~ PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 3 AGENDA ITEM 7-K MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION May 10, 2000 SV-2000-01 AGENT/APPLICANT: Agent: Owner: Karen Bishop PMS, Inc. 2335 Tamiami Trail North Suite 408 Naples, FL. 34103 Vanderbilt Partners, Ltd. 5551 Ridgewood Drive Suite 203 Naples, FL. 34108 REQUESTED ACTION: The applicant is requesting a different placement of the two residential entry way signs normally permitted for residential projects and to provide for an additional sign identifying the location of the Vanderbilt Beach Area that had been previously located on the corner of Vanderbilt Beach Road and Vanderbilt Drive. Additionally a variance is sought to the maximum height of one of the two-permitted project identification signs. GEOGRAPHIC LOCATION: The subject property is located at the northwest corner of Vanderbilt Drive and Vanderbilt Beach Road, in Section 32, Township 48 South, Range 25 East, Collier County Florida. The property is known as the Regatta Development. 1 PURPOSE/DESCRIPTION OF PROJECT: Section 2.5.5.1.6. of the Land Development Code provides for up to two signs at each entrance to a residential development with a maximum combined area of 64 square feet and a maximum height of 8 feet. The site in question contains a structure at the corner of Vanderbilt Drive and Vanderbilt Beach Road. The applicant wishes to install one of the two entrance signs on that structure; and further, they propose to install a subdivision sign at the base of the same structure on a planter for the neighborhood saying "Vanderbilt Beach". The subdivision sign will be installed well below the maximum allowable height; however, the project identification signs will be placed at the height of 22 feet which requires a variance of 14 feet. It is important to note that this development which contains a large frontage on Vanderbilt Drive does not have an entrance on that road. The relocation of one of the entrance signs to the corner of the development is intended to alert motorists on Vanderbilt Drive that they have to turn right, should they wish to go to this development. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, according to the applicant the "Vanderbilt Beach" subdivision used to have a subdivision identification sign which was removed by the developer. The applicant requests a variance to install a sign to identify the subdivision, which constitutes an additional sign, which in the opinion of the reviewing staff is a reasonable request. Staff also agrees with the request to locate one of the proposed identification signs on a corner amenity structure as opposed to the entrance to the development. This will help with the traffic in the area, especially during the tourist season. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? 2 No, the subdivision identification sign was a pre-existing sign removed by the developer and the request is to install a new subdivision sign. However, the necessity to relocate one of the entry signs to the corner of the development is caused by the design of the project, which does not provide any entrances from Vanderbilt Drive and; therefore, cannot have any signs identifying the development to the motorist driving on that road. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, there is a multitude of developments fronting on two roads with signs on one road only. However, this variance will help the motorists trying to go to this development. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, as discussed above, 22-foot height for residential development signs is excessive. The Code limits the height to 8 feet. However, this is a logical location for the sign. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, as discussed above, there are developments throughout the County with signs only at the entrances. Granting of this variance will confer special privileges to the applicant that is denied to others, unless a similar variance is granted. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance will not be in harmony with the intent and purpose of the LDC in that it will cause residential signs to be taller than even commercial signs in the area which will have a deleterious effect on the aesthetics of the road and the neighborhood. However it will not be injurious to the neighborhood or detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? 3 NO. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the CCPC forward recommendation for conditional approval. Petition SV-2000-01 to the BZA with a 4 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: ROI~AI'D MANAGER CURRENT PLANNING SECTION DATE DATE ROBEI~T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: SV-2000-01 Staff report for June 1st, 2000 CCPC meeting. This Petition has tentatively been scheduled for June 27, 2000 BZA Public Hearing. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN 5 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER SV-2000-01, FOR SIGN VARIANCES 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 variance from the provisions of Subsection 2.5.5.1.6 of the LDC which permits a maximum of two signs, with a maximum height of eight (8) feet and a maximum area of sixty-four (64) square feet, with the resulting variance allowing for three signs, two located on the southeast comer of the property with one thirty-two (32) square foot sign on a planter wall at the base of an existing structure, one sign on the same structure at a maximum height of twenty-two (22) feet with an area of fifteen (15) square feet and one other sign at the entrance to the development with an area of fit~een (15) square feet wherein said property is located and as shown on the attached plot plan, Exhibit "A". The Board of Zoning Appeals 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 SV-2000-01 filed by Karen Bishop of Project Management Services, representing Vanderbilt Partners, Ltd., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for three signs, two located on the southeast comer of the property with one thirty-two (32) square foot sign on a planter wall at the base of an existing structure, one sign on the same structure at a maximum height of twenty-two (22) feet with an area of fifteen (15) square feet and one other sign with an area of fifteen (15) square feet located at the entrance to the development as shown on the attached plot plan, Exhibit "A". This variance is subject to the following condition: No other signs shall be allowed for this development. BE IT RESOLVED that this Resolution relating to Petition Number SV-2000-01 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney G :/adrnin/SV-2000-01/C B/ts BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN -2- VANDERBILT LAGOON BUILDING 2 BUILDING 5 RITZ CARLTON HOTEL SIGN LOCATION I BUILDING 5 Jcn I ,*. 2200 - ~8'4J'5; EXHIBIT "A" C]'-V']Z. F_.NGlrl~F. ERS Development & ~ ~,. · · .4. ~ EnvironmentaJ Consuttants DATE: DEC. ! 99g 1" = 120' J.M.A. 33 48S 25F_ X$.dwg CLIENT:SIGNATURE COMMUNITIES REGATTA CONDOMINIUM TITLE:SIGN VARIANCE MASTER SITE PLAN ,,,,..,,.,8~'R: 97-0045 ..,u,.,sE~: 5 o~ 4 ~,,~,.,,~,,: 70043SX o © o EXHIBIT "A" ~a~-Og-OO el:lOP PMS, Inc. of Naples 435-9082 P .03 OR 800 CO1~ Co~y, Florfda; ~ence S~L 1' 00' ~i~ uBa, ~Ce ~Ch 89e 00' O~w WeSt, c~Cl~In~ ~~ ~e, ~or 2~.68 f~C to ~nC ~ p~ ~ 6' 04' 30" West, alo~ ~aid l~ ~ ~l~ of a 60 f~c wt~a waylay N~ 6' 04' 30° H~, along sa~ ~U~ad L~ne for 69* CO' 0C' ~, though Bl~ck F~ f~c 501.79 fee: the ~st line of Slik ~; the~e South 1* sg· 5~' 30" F~st, alo~ said North line fo~ ~4.99 of Beginning. we~, alcnq ;aid Rl%'ht-of-Way line, for 6!.02 County, Flot'id' EXHIBIT "B" Mar-09-00 C1: 14P PMS, Inc. of Naples 435-9082 P.04 04' 30" ~S~ 177.22 ~ P~t B~k 3, Page 17 of the Publi~R~r~ of C~!lzer ~unty. ~ a point ~ ~e Northerly right-of-way line of the~e ~ Nor=~ 1' OO' 00" ~e~c for 30.00 fGet; ~t, emce rum r~;'.-' R9e 00' O0p F~t for 50.00 fe~t to the Point. of A parceJ. ~ lar. d 17£ng in the Sourheas: ~ Section 32. T~n~nip 48 South, Range 25 ~as=, *:o;::.,~: Florida, more parti~iarly de;cribed as follows: Beginni~ at the Southeast corner of Lot 1, ~'uCk Pagn 17, ~b!tc Records of Collier County, ~ence Sout~ l' C~' 00" Eas~ pacelie[ Co the ~undary c~ Vander~ilt Drive !00 feet ~to a poin=; 89' 5~' 30" west 115 fee~ to the place of beginning. M~r-09-00 O1: l@P PMS, Inc. of Naples ~35-9082 OR 00K. ~ Plat ~ok 3, Page ~7, of the Public Hecor~s of Collier c~unuy. ' P!a~ 300.0~ fee=; ~e~e ~n Sou~ 1' 0~' O0d ~st 255.0c f -~ to t~e ~oint uf ~gtnninq; ~aenc~ run ~o~ 89' 00' ~ MO~, 89' GO' OO' ~t for 27.50 fo~t; th~e [' OO' 00" EaSt for 115,91 feet to a point on the Ncrtharl~~ ~J.~'~:- Pl~e 121, of t~ P~lic Records Of Colliem County, Florida; ~n ~o~h 80' 29' 20" Was~ along said Rlqht-~f-~a)' 11n.~ for 25c.5~ fe~t; ~mnce Noah I' o0' 0o', we~T foe I~4.5~. f~et to ~lnning. . Pla~, fO~ 300.05 feet; thence run South l' 00' O0" 315 I Mar-09-00 01:23P PMS, Inc. of Naples ¢35-9082 P.06 .-' C n 3, 7 Fj t782 OF{ BOOR VAnderbilt; Or~vm ~or ?5.00 freer, -_: tnq PozNT OF N~k'T21 8g* 00~ 0O" EaSt for 12~.00 ~e~; ~h~ce fm~ ~ ~m ~X~ CF B~r~ING; t~et-hmr wi~ a right ~lve, for ~45.00 fem~, 89' O0' ~0~ ~st for ~20.00 West fo~ ~0.00 feet; lyi~ No~.ecly of State Road chereof. A parcel of land lying in the Sout~ea--u ~::e-quartar , ~'~.; ~:,~ · Wortheast one-q,aar~r {NE~,) cf ~e~ion 32, T~r. Br.i~ ~ as Vanderbilt Beach ~%ates, Unit No. 2, accocd~ng ~. 3 . let - T _ N~r~h ~9' 52' 30" We~t along the So'~th boundary line of ~=i~', Lot BIoGk G, 12~ fee~ tO the Southwest corner of said Lot I, ~.l~ck ~a~erb~lt Drive, ~00 feet to a poin~; thence South ~ 9 · 52 ' ~ C" North-South ~atar~ay Located immediately West of ~a:i ~rc-~r~'.,, Beach Estates, unit Z, per Plat it: Plat 6co~ 3, F-a:u 3 f. ~'~:: :. .1/ r. Mar-09-00 01:28P PMS, Inc. of Naples 435-9082 P.07 OR BOOK ReCoL-ds o~ COlli,,~' County, F!o~'ida. 1231 oi ~e ~11= ~cor~ of Co~ler County, ~ar~ ~s~ on ~e Sou~ Line of Va~bllt 8ea~ SIGN VARIANCE PETITION S¥ Petition No. Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: Vanderbilt Partners. Ltd. Petitioner's Address: _Naples. FL 34108 5551 Ridgewood Drive #203 Telephone: 566-2800 Agent's Name: Ms. Karen Bishop Agent's Address: Project Manaeement Services 2335 Tamiami Trail North Suite 408 Naples. FL 34103 Telephone: 435-9080 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Sign Variance Petition - 8/98 Page I of 6 Legal Description of Subject Propert3': Please see attached legal description. Subdivision: Unit Lot (s) Block (s) Section Twp. Range Property I.D. # Metes & Bounds Description: Address of Sign Location: Current Zoning and Land use of Subject Parcel: PUD Length & Height of wall upon which the Sign will be secured: The proposed "REGATTA" signage will be located on a building at a max. height of 22 feet with letters of 20 inches in heieht and a total of no more than 115 inches in length, or 16 square feet in total area per sign for a total of 32 square feet. The "VANDERBILT BEACH" sign will be located on a planter wall 3 feet in heieht with letters of 18 inches in height and no more than 252 in. in length, or 31.5 square feet in total area. The combined total of all these signs is less than the allowable 64 square feet for Residential PUD's. (If Wall Sign) Width of Subject Property.: 468 feet (Road Frontage) Nature of Petition Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; xvhy encroachment is necessary; how existing encroachment came to be; etc. This request for variance arises out of a commitment made to the Vanderbilt Beach HomeowTters Association. For many years. the Homeowners Association (HOA) has had a sizn at this location identifying the entry_ to the general "Vanderbilt Beach" area. The applicant has a.~reed to provide a location. or in this case a physical sign to take the place of the one that was previously located here and maintained by the HOA. There are two corner locations that are suitable for either project or neighborhood signage. The first in on the 3' planter wall at the Comer of Vanderbilt Beach Road (VBR) and Vanderbilt Drive. The other is on the sides of the building located adjacent to the wall and facing the same intersection. In order for the applicant to locate all sienaee within the permitted height and size requirements in the PUD. the resultinz letterira, would be so small that the signs would fail to serve any real purpose to the motoring public or the HOA in identifying the prgject or the general community. Application for Sign Variance Petition - 8/98 Page 2 of 6 The applicant therefore requests that the pro}ect signage be located on the available sign bands of the buildin~ and the conmmniW signage to be located on the planter wall. This ~vill allow for reasonable use of both areas while providing both the project and the community with a practical and aesthetically consistent method of signage. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please addresses this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The prior use of this propertw for an identification sign for Vanderbilt Beach is what is trying to be preserved. In addition. the Architectural design of the structure that the "REGATTA" sign is to be place on contains window treatments that do not allow the sign to be located below the proposed location (maximum of 22' in height) since the planter wall is the only viable location for the "VANDERBILT BEACH" Community signage. The only other logical location for the sign would be to share the wall with the "VANDERBILT BEACH" sign which would have some negative effects. First. the landscaping around the wall would have to be reduced significantly to make the sian visible. Secondly, the two signs located next to each other. or one immediately above the other would appear to be a single run-on sign that would not accurately reflect either the name of the project or the requested community identification. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The existence of the community identification sign prior to the current buildings being constructed is the primary purpose for this application. Other owners allowed the previous sign and the current developer is trvin~ to accommodate a request from the neighboring community. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. The property owner would have to build a sign at the proiect entrance in order to accommodate the community signage if this variance is not approved. In addition to an unnecessary expense to the property owner. this would contribute to si~n clutter along Vanderbilt Beach Road. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. _The proposed variance is indeed the minimum variance to allow' for proiect signage in ./ accordance ~vith the size requirements of the Collier County Land Development Code (LDC) and still allow for the community signage. Another alternative would require the construction of a 2-sided si~n at the project entrance. contributing to unnecessary sign clutter when an Application for Sign Variance Petition ~ 8/98 Page 3 of 6 existing buildin~o could be used more efficiently. In addition, by planing the signage at the corner, motorists travelling South on Vanderbilt Drive can more easily identify the projec_c~t avoidimz possible confusion at the intersection. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Since the proposed signage is to be placed on existing buildings and not creating a separate structure for the signage. it ~vill blend into the landscape and architecture more easily than the creation of a stand-alone Men. The square footage consumed by the project signs will be less than that allowed for other projects and would not therefore grant the petitioners property with any substantive riehts not enjoyed by other properties. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In contrast to the variance bein~ injurious, this variance will serve public safety, community identification and motorist assistance for those looking for public beach facilities. The issue re~arding easier identification of the project for motorists while staying within the square footage requirements for project signage was discussed under #4 above. The Community identification will only replace what was once on the property, but do so in a manner that is both consistent with the project appearance. and prominent for the community as well. Lastly. many people travel VBR looking for the beach facilities at the Western end of this road. The "VANDERBIT BEACH" portion of the sign will serve to further identify the area for visitors and residents alike. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. As mentioned previously. by taking advantage of the existing building and planter wall. the creation of an additional stand-alone si~.n is avoided. This is an aesthetically superior design. 8. Will granting the variance be consistent with the growth management plan? Yes Application for Sign Variance Petition - 8/98 Page 4 of 6 SIGN VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 12 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 12 4. Survey or Site Plan of property depicting the following:12 a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs-(labeled as such) d) Existing sign setbacks & proposed sign setbacks 5. Location map depicting major streets in area for1 reference 6. Application fee, checks shall be made payable to_ Collier Coun~ Board of Commissioners 7. Other Requirements- As the authorized agenv'applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. [ understand that failure to include all necessary submittal information may result in the delay of process this petition. Applicant/Agent Signature Date Application for Sign Variance Petition - 8/98 Page 5 of 6 oc) o L0t131 lcJ~39 ~!:13 OCT I3 '99 14:g& PAGE 03 OCT ~3 '9S ]4:~5 ' VANDEF, I I s Dec ;6, 1999 - 15:45:5~ '~ ~~f~ :~}c. ,~°u~m: SIGNATURE COMMUNITIES c~%~o,~ Development& ~*~CN.T.S. REGATTA CONDOMINIUM ~ ) :~..~ T,T~: SIGN VARIANCE ~ ~ · · ~ ~ Environmental ConsultantsJ.M.A. ~.~.~.~ ~..,~..o :~'6" "':LOCATION MAP E-M~f:~.~a.~m 48S 25E NuvBER: ,';,eMbER: OF NuMBEr: © Dec ~, ;99~ - 13 ~ VANDERBILT LAGOON CBA'fS~DE ~- AVe_. CPINE AVE. C OAK AVE. 97TH A"/EN Uj 96TH AVENU! 9STH AVENUE 94TH AVENU PROJECT SITE CqMM~'c- ...... STREET PALM CT. 93RQ AVENUE 92ND AVENUE 91ST AVENUE V~N N M:~ ~ 99 7 Pro]ects\ 9 7-004 5 Regotto~ Construction Drowings~ Revisicn 9~ 7004 35X2.dwg CIqrII~ F---.NC. INF_.F_.~:tS Development & · .~ ~ · · ,.L, ~ Environmental Consultants 3050 Noah Horseshoe Drive, ~ 270 (~4~)64g-1509 FAX: (941) 649-7056 E-Mail: w~w.consutl.nva.com DALE: DEC. 1999 SCALE: N.T.S. J,M.A. CHECKED BY: 53 48S 25E CLIENT: SIGNATURE COMMUNITIES REGATTA CONDOMINIUM TITLE:: SIGN VARIANCE SITE MAP PRO, EC, 97--004,3 I~HEET4 I~'~E 7OO45S NUMBER: NUMBER:2OF NU~4BER: VANDERBILT LAGOON BUILDING 2 I RITZ CARLTON HOTEL BUILDING I I I I BUILDING 5 Jori 1;, 2000 - 08:4Z 51 ,'/'~\1997 ~'o~ectsL ~ :'-.304Z '-?egc'tto",.Construction Orow;ngs~Rev,'sion 9\ 7004JSX3 dwg C]['Y]..L ENGINEERS Development & ~ ~ · · ~ ~ Environmental Consultants N~. ~ ~1 ~ DEC. 1999 SCALE 1" = 120' J.M.A. :HECKED BY 3~ 48S 25E CLIENT: SIGNATURE COMMUNITIES REGATTA CONDOMINIUM TITLE: SIGN VARIANCE MASTER SITE PLAN 97-0045 s._m ,,,~: 3 ~ 4 ~'~E 70043S NUMBER: 60' 2000 - 13:06:49 / LINE g:\ 1997 VANDERBILT BEACH RAOD PLANiR J ../...~. En~ironme¢~ OonSu/tantS I I 1 / / / 4 oF .35 EXECUTIVE SUMMARY PE-2000-01, R. J. WARD OF SPECTRUM ENGINEERING, INC., REPRESENTING BISHOP JOHN J. NEVlNS OF THE DIOCESE OF VENICE, REQUESTING PARKING EXEMPTION APPROVAL FOR ST. PETER THE APOSTLE CHURCH FOR OFF-SITE PARKING ON THE SOUTH SIDE OF RATTLESNAKE HAMMOCK ROAD ACROSS FROM THE HAWAII BOULEVARD INTERSECTION, IN SECTIONS 18 & 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests approval of off-site parking across Rattlesnake Hammock Road (designated as a collector road) to serve the existing St. Peter the Apostle Church. CONSIDERATIONS: St. Peter the Apostle Church currently meets 100% of the parking requirement on site for a church its size. However, a larger than average percentage of St. Peter's parishioners travel to the church as single-occupancy vehicles (the Code presumes most cars will have more than one occupant). Therefore, many vehicles park along the right-of-way, especially during the winter season. The proposed off-site parking should alleviate the crowded parking conditions in the existing lot. FISCAL IMPACT: Approval of this petition will have no direct fiscal impact on Collier County. GROVVTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Mixed - Use Activity Center Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits community facility uses, such as churches, and commercial uses, including parking lots. Activity Centers are intended to contain a mixture of use types, and they allow higher intensity uses, including the full array of commercial uses. A freestanding parking lot is allowed in the C-4 zoning district and, being a commercial use proposed for existing commercial zoning, is allowed in the Mixed Use Activity Center Subdistrict. Additionally, a parking facility to serve a community facility use, which is considered an integral part of the community facility use, is considered by staff to be consistent with the Urban designation. Based on the above analysis, the proposed parking facility use is deemed consistent with the FLUE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. STAFF RECOMMENDATION: Staff recommended that the CCPC forward Petition PE-2000-01 to the Board of Zoning Appeals with a recommendation for approval of the reserved parking, subject to the stipulations in the Resolution. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Parking Exemptions. PLANNING COMMISSION RECOMMENDATION: Due to the upcoming Board of Zoning Appeals recess, this' Executive Summary was written prior to the Collier County Planning Commission for this petition (scheduled for June 15, 2000). The CCPC recommendation will be presented verbally to the BZA. 2 PREPARED BY: R.1. D~REISCHL SENIOR PLANNER DATE REVIEWED BY: RO~-ALD~.. NINO, AICP CURRENT PLANNING MANAGER 'ROBER,1- J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE ~:~ ~ / ~.' DATE' APPROVED BY: VINCE"NT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/PE-2000-01 3 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAY 30, 2000 PETITION PE-2000-01 OWN ER/AGENT: AGENT: OWNER: R. J. Ward, PE Spectrum Engineering, Inc. 1342 Colonial Boulevard, Suite 32 Fort Myers, FL 33907 John J. Nevins, as Bishop of the Diocese of Venice 1000 Pinebrook Road Venice, FL REQUESTED ACTION: The petitioner requests approval of off-site parking across Rattlesnake Hammock Road (designated as a collector road) to serve the existing St. Peter the Apostle Church. GEOGRAPHIC LOCATION: The subject property is located south of the existing church Hammock Road) at the intersection of Rattlesnake Hammock Boulevard. (5130 Rattlesnake Road and Hawaii PURPOSE/DESCRIPTION OF PROJECT: St. Peter.the Apostle Church currently meets 100% of the parking requirement on site for a church its size. However, a larger than average percentage of St. Peter's parishioners travel to the church as single-occupancy vehicles (the Code presumes most cars will have more than one occupant). Therefore, many vehicles park along the right-of-way, especially during the winter season. The proposed off-site parking should alleviate the crowded parking conditions in the existing lot. SURROUNDING LAND USE & ZONING: Existing: Surrounding: North: East: South: West: Undeveloped, wooded lot; zoned C-4 Rattlesnake Hammock Road ROW, across which is St. Peter the Apostle Church; zoned PUD Multi-family buildings; zoned RMF-12 Multi-family buildings; zoned RMF-12 Shopping Center; zoned C-4 GROVVTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Mixed - Use Activity Center Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits community facility uses, such as churches, and commercial uses, including parking lots. Activity Centers are intended to contain a mixture of use types, and they allow higher intensity 'uses, including the full array of commercial uses. A freestanding parking lot is allowed in the C-4 zoning district and, being a commercial use proposed for existing commercial zoning, is allowed in the Mixed Use Activity Center Subdistrict. Additionally, a parking facility to serve a community facility use, which is considered an integral part of the community facility use, is considered by staff to be consistent with the Urban designation. Based on the above analysis, the proposed parking facility use is deemed consistent with the FLUE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. _,~_.~_~.) TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL IMPACT: This petition has been reviewed by all of the appropriate County agencies assigned jurisdictional oversight, none of which have offered any objection to the approval of this petition, subject to the stipulations contained in the Resolution. ANALYSIS: There are thirteen criteria, which must be considered for approval of a Parking Exemption. These criteria are Whether the amount of off-site parking is required by Section 2.3.16 or is in excess of requirements. The requested off-site parking is in excess of Code requirements, however a parking problem exists and approval of this Parking Exemption should alleviate the problem. The distance of the farthest parking space from the facility to be served. The petitioner states that the proposed parking lot is approximately 600 feet from the front door of the church. The farthest proposed parking space would then be approximately 1000 feet from the front door. If the lots are separated by a collector or arterial roadway, the safety of pedestrians. Rattlesnake Hammock Road is a collector roadway. The intersection of Rattlesnake Hammock Road and Hawaii Boulevard has a traffic signal. Staff recommends that the petitioner, prior to issuance of a Certificate of Completion, install a signalized crosswalk. If the lot is not zoned commercial, it must meet the Iocational criteria for commercial uses as identified in the Future Land Use Element of the Growth Management Plan. The proposed parking is zoned commercial (C-4). Pedestrian and vehicular safety. There is currently a traffic signal at the intersection of Rattlesnake Hammock Road and Hawaii Boulevard. Staff recommends that the petitioner, prior to issuance of a Certificate of Completion, install a signalized crosswalk. The character and quality of the neighborhood and the future development of surrounding properties. The proposed off-site parking site is currently zoned commercial and would potentially contain parking to support a retail use. Potential parking problems for neighboring properties. The proposed Parking Exemption should alleviate an problem. 3 existing parking h. Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. The existing church and the proposed off-site lot are separated by Rattlesnake Hammock Road, and therefore, traffic will be required to leave the church in order to reach the proposed parking. However, the intersection of Rattlesnake Hammock Road and Hawaii Boulevard is signalized at this location, therefore minimizing any traffic impacts. Whether vehicular access shall be from or onto residential streets. Access to the off-site parking lot will be from Rattlesnake Hammock Road, which is a collector roadway. Whether buffers adjacent to property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The buffers adjacent to residential property are required to be a Type "B" buffer which is 15 feet in width an may include a wall, fence, hedge, berm or combination thereof, which is 6-feet in height and 80% opaque within one year. k. Whether the off-site parking will be used for valet parking. No valet parking is anticipated. Whether the off-site parking will be used for employee parking. The off-site parking will be for overflow parking, primarily during Mass on Sunday. Whether there are more viable alternatives available. The other lot lines of St. Peter the Apostle Church are bounded by residential zoning. This proposal utilizes commercial zoning. Although a collector roadway separates the parcels, this appears to be the most viable alternative. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition PE-2000-01 to the Board of Zoning Appeals with a recommendation for approval of the parking lot, subject to the stipulations in the Resolution. 4 PREPARED BY: FRED REISCHL, SENIOR PLANNER CURRENT PLANNING DATE REVIEWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition PE-2000-01 COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PE-2000-01 STAFF REPORT 5 OFF-SITE PA.9_KING APPLICATION (OS-u) ~!,'i!{ !,' '. ': ' ' ' BOAPCD OF ZONING APPEALS DETEP~4INAIi~.N it' -~ ' ' ' PETITION NO. (ASSIGNED BY STAFF) DATE ~: SDP NO. {ASSIGNED BY STAFF) ..... NAPXE AND ADDRESS OF £USiNESS TO BE SERVED BY OFF-SITE PAR?,ING St. Peter The A~ostle Church 5130 Rattlesnake Hammock Road Naples, Florida 34113 PA-~q_KING LOT See Attached Legal $EC 19 TWP ~ETITIONER'S N~E Bishop John J. Novins LEGAL DESCRIPTION OF BUSINESS LOT N/A BLOCK See Attached Legal SEC 18 TWP 56 LEGAL DESCRIPTION OF OFF-SITE LOT N/A BLOCK PETITIONER'S A~JDRESS ~ 1000 Pinebrook-Road ~ Venic%., F~orida TELEPHONE AGENT'S N.~E R.J. Ward, Spectrum Engineering, inc. I~IT N/A P~GE 26 b~!T N/A k~GE 26 --~-3337 AGEh~'$ ADDRESS ]342 Colonial Boulevard, Suite 32 Fort Myers, Florida 33907 ~ 2 - ~LEPHONE 77-1182 ZONING ON PROPOSED OFF-SITE PARKING LOT C-4 ZONING/LAND USE ON ~ROPERTY ADJACENT TO PROPOSED OFF-SITE P.a~KING LOT. ZONING LA/~Q USES N PUD St. Peter The Aposc!e Church S RMF 12 Multi-Family E RMF 12 Multi-Family W C-4 Shopping Center ZONING OF LOT THE OFF-SITE PA!~KING IS PROPOSED TO SERVE PUD TY]~E OF L~2~D USE TP_IT OFF-SITE PD_~2KING IS PRO_mOSED TO SERVE (E.X3~fPLE: MEDICAL OFFICE, RESTAUP~NT, ETC.) Overflow Parking for Church PA-Ri~ING FORMIU_~ REQUIRED FOR ABOVE REFERENCED L~E (I.E. 1 SPACE PER 250 SQ. FT.) PURSUANT TO SECTION 2.3.14 ¢,F COLLIER COUNTY L'~ND DEVELOPMZNT CODE. Church: 3 Spaces Der 7 Seats TOTAL NI/MBER OF PARKliNG SPACES REQUIRED FOR ABOVE USE (1176 Seats/7) x 3 = 504 Parking Spaces ReGuired TOTAL N~F_R OF PA!~KI~[G SPACES LOCATED ON SiTE 504 , % OF TOTAL KEQUiRED 100 TOTAL N73M~ER OF PAP~K2[NG SPACES PROPOSED OFF-SITE DISTANCE OF PROPOSED OFF-SITE P~-P-KING LOT TO SUBJECT BUSINESS 100 Feet To Church Property 600 Feet To Church Front Door (M-2ASURED BY SHORTEST FEASIBLE WALKING DIS[?.~WCT) BRIEF NA3.RATIVE SLrM2~ZRY OF WHAT YOU ARE PROPOSING: SEE ATTACHED -2- Idriq/,\k~rrati¥'e sumtnaO' of wha!.you are propoxed; St. Peter the Apostle church is located on the northeast corner of the intersection of Rattlesnake Hammock Road and Hawaii Boulevard The proposed off-site parking lot is on the south side of that intersection. St. Peter the Apostle Church provides all of the required parking on the same parcel on which the sanctuary is located. The off-site parking~ is to provide overflow parking when the church lot is full. The distance from the church property to the off-site parking propert}.' is 100 feet. The distance to the front door of the Church from the off-site parking property is approximately 600 feet. This parking will be the most remote from the church. Tile ].>rofio.sed r~z.s'iie 19ctrkillg fitcifiO'. iucludzn[~ il.s' in~'exs ctud egv'e,'x, i.s' 3'c.tfe (llld c'ottve~,,et~z for motori.s't.~' cttzd ])edc,,'triculx,' St. Peter the Apostle church is located on the northeast corner of the intersection of Rattlesnake Hammock road and Hawaii Boulevard The proposed off-site parking lot is on the south side of that intersection. This intersection has a tra~T~c light to facilitate the movement of pedestrians from the off site parking area to the church. Sidewalks are adjacent to the parcels within the road rights of way. Rizht and left turn lanes on Raittesnake Hammock Road will be constructed to provide tbr safe ingress and egress by vehicles to the off-site parking lot 77w t;/'~,?).¥ed (L~-xite j;ct/'kut$,.~'tcilt.n, doex ~1c~t adverse/)' itnprtc't the character and quc:l~(v The proposed off-site parking facility is zoned for commercial uses. The proposed lot will be buffered and landscaped in accordance with Collier County's land development code The church plans to build a life center/parish hall on this site in the future to enhance their offerings to the community. Until then off-site parking facility will be only be used when the church lot is full. Religious facilities are compatible with both commercial and residential neighborhoods. A££ro~,ct! of the petitio~ ~ ill not create potking prohlems for Approval of additional parking for the church will not create parking problems for neighbors O~l~er more victhle £ork~)t[z .sohtt~ot~.s' are ~ot cr~,ctitctble ~o the petitioner,' St Peter the Apostle Church provides all required parking on the same parcel tha~ the sanctua~' is located This off-site lot is to provide overflow parking ~vhen the church lot is full. June 9,2000 Senior Planner Planning Services Department 2800 N. Horseshoe Dr. Naples, Fl. 34104 Dear Fred Reischl, Hello, Just received a letter regarding PE-2000-01, public hearing set for Jun 15, 2000 in Collier by Planning Commission. We own the property on the corner of Hawaii Blvd.. and Rattlesnake Hammock Rd. WE can not attend the meeting due to work. But we would appreciate our voices heard through you, we will be out of town. St. Peter the Apostle Church has always been our Parish. When the old church was restored and additional parking was implemented a few years ago, our concern was not the parking but the removal of many trees! Our fears came to fruition when it was completed- flooding in the area increased to the degree that the road (Hawaii Blvd.) had to be closed!!!!!! We had to stand outside with signs "No Wake Zone" as the cars and trucks were forcing the water into our home and other homes across from the church. Now more trees are going to be removed to provide parking, so we do not approve of this. The only way we would approve of it if the perimeter of the parking lot was surrounded by trees and Rrass to ensure #1. the beauty of Naples and 2nd the environmental aspect. This would "hide" the cars and head light nuisance in my windows and other homes that butt Rattlesnake also. Flooding in East Naples is a major problem and we certainly don't need any more empty fiat places to "hold water". Thank you for submitting our opinion. If there is any problem please e-mail us a.s.a.p. as I am very adamant regarding this problem. We NEED the trees! Remember the song...don't cut down the trees to put up a parking Iot...it's from the 60's and they knew then what they were singing about...we should be singing the same tune all over our beautiful Naples. Sincerely, Mr. & Mrs. John Pesare PS Tried to e-mail this and none of the e-addresses are working. All came back undeliverable. RESOLUTION 2000- RELATING TO PETITION NL~ER PE-2000-01 FOR A PARKING EXEMPTION 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 allowance of a parking exemption, and Wq-IEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a Parking Exemption for off-site parking across a collector road in a C-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.4.11.2.c of the Collier County 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 a public meeting and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The petition filed by R. J. Ward of Spectrum Engineering, Inc., representing Bishop John J. Nevins, as Bishop of the Diocese of Venice, with respect to the property hereinafter described as; Exhibit "A" be and the same hereby is approved for a Parking Exemption across a collector road in the C-4 zoning district wherein said property is located, subject to the following conditions: 1. The petitioner shall install and maintain a signalized crosswalk (including a walk/don't walk signal) from the church site to the off-site parking area. 2. The petitioner shall install and maintain a 15-foot type "B" buffer along property lines, which are adjacent to residentially zoned property. BE IT RESOLVED that this Resolution relating to Petition Number PE-2000-01 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ., 2000. ATTEST: D~rlGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant Count).' Attorney g'admin RESOLUTION 'PE-2000-O1/FR im BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN -2- JUN 2 7 2000 St. Peter the Apostle Naples, Florida Legal Description Being part of Lely Golf Estates Tract Map Tract "M", Plat Book 8, Page 20 of the Public Records of Collier County, Florida. !I that part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, being re particularly described as follows: ,mencing at the Northwest corner of Tract "NF' Lely Golf Estates Tract Map, Plat Book 8, Pa 20 of the Public Records of Collier County, Florida. The ~ along the southerly right-of-way line of Rattlesnake Hammock Road (S.R. 864) the- follc 'ng three described courses: 1) t:'. -;ce North 50054'40" East 243.36 feet; 2) thc::ce 260.41 feet along the arc of a tangential circular curve concave to the southeast having a radius of 377.50 feet through a central angle of 39°31 '30" and being subtended bva chord which bears North 70040'25" East 255.28 feet; 3) thence South 89°33'50" East 396.54 feet to the Point of Beginning of the herein described F _;rcel: Thence continue along the said southerly right-of-way South 89033'50" East I42.94 feel Thence North ov o, 18" East 257.06 feet: '~( Thence leaving the said southerly right-of-way line South u J-~/u_ East 270.42 feet: Thence South 89°32'18" West 404.25 feet to the East line of a parcel of land described in Off'~cial Record Book 580, pages 14 through 16 of the Public Records of Collier County. Florida. Tnen~.e alon~ the said East line North 00:26'10" East 27269 t%et to the said southerly right-of-way line and the Point of Beginning of the herein described parcel. Subject to easements and restrictions of record. Containing 2.50 acres more or less. Bearings are based on the said North line of Section 19 being South 89°33'50TM East. Exhibit "A" EXECUTIVE SUMMARY APPROVE AN AGREEMENT TO ACCEPT GRANT FROM THE FLORIDA FISH COMMISSION. A DERELICT VESSEL REMOVAL AND WILDLIFE CONSERVATION OBJECTIVE: That the Board of County Commissioners (BCC) authorize the Chairman to sign the agreement accepting a $4,165.20 grant for artificial reef construction provided by the Florida Fish and Wildlife Conservation Commission. CONSIDERATION: The Florida Fish and Wildlife Conservation Commission has offered Collier County a $4,165.20 grant for FY 99/00. The funds will be used to remove derelict vessels in Collier County. The County must remove qualifying derelict vessels by November 17, 2000 in order to qualify for reimbursement. FISCAL IMPACT: Staff budgeted $5,000 in the Derelict Vessel cost center based on past grant awards. This award is less than anticipated. Staff will process a budget amendment to reflect the difference. GROWTH MANAGEMENT IMPACT: Not applicable RECOMMENDATION: That the BCC authorize the Chairman to sign the agreement for the $4,165.20 Florida Fish and Wildlife Conservation Commission grant and approve the necessary budget amendments as outlined above. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~ ' Date: Douglas G. ~aitohr, Senior F_~vironmental Specialist Date: ~ a~n 15 Lore~/3r~E5~ Di?~ctor Natural Resourccs Department Vincent A Cautero, AICP, Administrator, Community Development & I:.nviro~emal .4e;', ices FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DERELICT VESSEL REMOVAL GRANT AGREEMENT FWC GRANT NO 99150 THIS GRANT AGREEMENT is entered into this __ day of ,200~___, between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, hereinafter referred to as the COMMISSION, and Collier County Board of County Commissioners, hereinafter referred to as the GRANTEE. WITNESSETH: WHEREAS, the COMMISSION has established a program to provide grants to coastal local governments for the removal of derelict vessels from the public waters of the state pursuant to Section 376.15(2)(b), Florida Statutes (Program); WHEREAS a GRANTEE is a coastal local government as defined by Florida Statutes; NOW THEREFORE, the COMMISSION and the GRANTEE do hereby mutually agree as follows: 1. Definition, Scope and Quality of Grant Services The GRANTEE shall administer the removal and disposal of designated derelict vessels as an independent governmental authority and not as an employee, agent, or representative of the COMMISSION. No vessel shall be eligible for removal or disposal by the GRANTEE unless and until said vessel has been designated as a derelict vessel by the Commission's Bureau of Marine Enforcement as prescribed by General Order of the Commission's Division of Law Enforcement. Only derelict vessels that appear on the Derelict Vessel List, Attachment A, which is made a part of this Agreement by reference, are eligible for grant monies. do Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites, permitted landfill locations and permitted recycled materials centers. Exceptions to this requirement must be approved in writing by the Executive Director of the Commission. go No grant monies for the removal or disposal of a given derelict vessel shall be paid to the GRANTEE until said vessel has been legally removed and disposed of and such removal and disposal properly documented by the GRANTEE. The GRANTEE shall be responsible for obtaining all state, local and federal permits and licenses required for the removal and disposal of the designated derelict vessels. The GRANTEE shall fully comply with all applicable laws, ordinances, and codes of state, federal and local governments which are applicable to the work accomplished pursuant to this Agreement. Full responsibility for such compliance shall rest with the GRANTEE. DV#99-07 FWCC 99150 Page 1 of 9 go ho jo ko Any pollutant found to be contained within a designated derelict vessel shall be removed and properly disposed of in accordance with applicable laws by the GRANTEE prior to the removal of the derelict vessel. The GRANTEE shall be entitled to the salvage value of any grant-designated derelict vessel or any part(s) or accessories thereof, excluding the hull, not used in the construction of a permitted artificial reef site. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the GRANTEE when determining the removal and disposal costs for each derelict vessel. The GRANTEE agrees that all work shall be i~erformed satisfactorily as determined by the COMMISSION by coml~etent employees exi~erienced and qualified to do the work sl~ecified in this Agreement, and that all work will be l~erformed in accordance with the best commercial l~ractices and without unnecessary delays. The GRANTEE and its subcontractors shall use suitable, modern equipment necessary for the satisfactory execution of this Agreement. The GRANTEE shall not be entitled to payment from grant funds for any designated derelict vessel for which the removal and disposal of same was accomplished prior to the award of the grant or subsequent to the close of the grant period established by the COMMISSION. The GRANTEE shall maintain insurance coverage, either through a self-insurance program or purchase of coverage from an authorized insurer, to protect the GRANTEE from any and all claims, including pollutant spillage and death, which may arise from operations under this Agreement. The GRANTEE'S insurance shall, at a minimum be sufficient to pay a claim or a judgement, or portions thereof, of $200,000 per incidence or occurrence. The GRANTEE shall require any subcontractor to carry insurance coverage as necessary to protect the subcontractor and GRANTEE from any and all claims arising out of the subcontractor's participation in activities related to this program. Certificates of such insurance shall be subject to the approval of the COMMISSION for adequacy of protection and name the COMMISSION, the Board of Trustees of the Internal Improvement Trust Fund and the State of Florida as additional insureds. All certificates of insurance shall contain a provision that the insurance will not be cancelled for any reason except after thirty(30) days written notice to the COMMISSION'S project manager. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Workers' Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. The GRANTEE agrees to supply the COMMISSION with proof of insurance, the types and coverage outlined by the COMMISSION. The GRANTEE shall provide to the COMMISSION a true copy of the insurance herein required prior to the execution of the related agreement through the issuance of a purchase order or the execution of a formal contract. DV#99-07 FWCC 99150 Page 2 of 9 The GRANTEE shall make a reasonable effort to recover from the derelict vessel owners all grant funded removal and disposal costs incurred pursuant to this Agreement. Any such recovered monies shall be reimbursed to the COMMISSION. m0 An awarded Derelict Vessel Removal Grant shall be subject to pre-audit and post-audit review by the COMMISSION or its representative. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently apl~lied. All records and documents of the GRANTEE pertaining to this Grant shall be maintained by the GRANTEE for a minimum of three fiscal years following the end of the fiscal year in which final grant payment is made by the COMMISSION to the GRANTEE. Said records and documents shall be made available to the COMMISSION, the State or their representative upon request. In the event any work is subcontracted, the GRANTEE shall similarly require each subGRANTEE to maintain and allow access to such records for audit purposes. no Removal, Disposition and Change Orders of Derelict Vessels a. The derelict vessels listed in the GRANTEE's "Derelict Vessel Listing", Attachment A, which is made part of this Agreement, shall be removed and disposed of by the GRANTEE to the extent grant reimbursement funds allow, unless during the time of removal a listed vessel is no longer on site, in accordance with the provisions of this Agreement. The COMMISSION may at any time, by written order designated to be a change order, make any change in the vessels to be removed under this Agreement. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the total amount of the grant or grant period shall require an appropriate adjustment and modification (formal amendment) to this Agreement. It is the intention of the COMMISSION and the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements Payments a. The COMMISSION shall pay, on a cost reimbursement basis, to the GRANTEE, actual expenses incurred up to a total grant amount not to exceed $4,165.20 under this Agreement. Payment requests and expenditure documentation shall be submitted in accordance with, and on the forms included in, the Grant and Contract Accountability Policy and in sufficient detail for a proper pre-audit and post-audit thereof. However, reimbursement to the GRANTEE shall be net of salvage as referenced in Paragraph I h. Salvage recovery must be documented as required by the COMMISSION. Reimbursement under this Agreement does not include travel or any administrative costs. The COMMISSION's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. The request for compensation shall consist of an invoice on the GRANTEE's letterhead, clearly marked as invoice, make reference to FWC Grant No.99150, a verification letter from your district FWC office that the vessels(s) have been removed, and the form entitled "Disposition Certification for Derelict Vessels" completed and notarized. One invoice is allowed under this Agreement. The GRANTEE shall submit an original and three(3) copies of bo the final invoice to the COMMISSION no later than December 1, 2000 to assure the availability of funds for f'mal payment. DV#99-07 FWCC 99150 Page 3 of 9 o Only eligible costs identified in the Grant and Contract Accountability Policy shall be allowable. All minor details necessary for proper completion of the work herein specific shall be accomplished by the GRANTEE without additional expense to the COMMISSION. Verification of compliance with the grant terms and conditions must be completed by the COMMISSION, and payment will be authorized within 30 days after receipt by the COMMISSION of the required "Disposition Certif',cation for Derelict Vessels", and a proper invoice with supporting schedules and documentation. The GRANTEE understands that section 215.422, Florida Statutes establishes certain state agency responsibilities and grants certain vendor rights with respect to invoice processing time limits and dispute resolution. Upon receipt, an agency has f'lve working days to inspect and approve the goods and services, unless the bid specif'!cations, purchase order or contract specifies otherwise. An agency 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 date the goods or services are received, inspected and approved. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established to act as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the State Comptro!ler's Hotline, 1-800-848-3782. .Interest In accordance with section 215.422, Florida Statutes, the COMMISSION shall pay the GRANTEE 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 40 days after receipt of a correct invoice and receipt, inspection and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a GRANTEE requests payment. Period of Grant The grant period shall begin on the date of execution and end no later than November 17, 2000. The GRANTEE understands and agrees that the derelict vessel removal and disposal requirements of this Agreement must be satisfactorily completed on or before November 17, 2000. Monitoring The GRANTEE shall permit the COMMISSION, or its duly authorized representative, to monitor the removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the COMMISSION. Liability Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. Termination of Agreement a. This Agreement may be terminated by either party, for failure to perform by the non- terminating party, by giving thirty (30) calendar days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained DV#99-07 FWCC 99150 Page 4 of 9 Do herein. In case of termination, only amounts accrued to the date of cancellation shall be due and payable. The COMMISSION shall have the right to terminate this Agreement and demand refund of Program funds in the event of fraud, willful misconduct, or any breach of terms and conditions of this Agreement. Failure to comply with the provisions shall result in the COMMISSION declaring the GRANTEE ineligible for further participation in the Program. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE 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 GRANTEE in conjunction with this Agreement. Non-Exclusive Basis As a condition of this agreement, the GRANTEE and/its SubCONTRACTORS, if any, hereby covenants and agrees not to discriminate against any individuals's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring pursuant to this Agreement. 10. Prohibit Lobbying Expenditure In accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure of Derelict Vessel Removal Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 11. Grant-Specific Audit Requirements In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall abide by the following: For grants valued over $100,000: The GRANTEE shall provide to the COMMISSION an audit of this grant in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes. For grants valued at greater than $25,000 and up to $100,000: The GRANTEE shall provide to the COMMISSION one of the following: (a) an audit of this grant in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; or (b) a statement prepared by an independent certified public accountant which attests that the GRANTEE has complied with the provisions of this Agreement. For grants valued up to $25,000: The GRANTEE shall provide to the COMMISSION a swom statement, signed by the GRANTEE' S chief officer under penalty of perjury, confirming that the GRANTEE has complied with the provisions of this Agreement. do Copies of the required audit shall be sent to each of the following within six (6) months following the completion of each of the GRANTEE'S fiscal years in which the Agreement is in effect. DV#99-07 FWCC 99150 Page 5 of 9 -Boating Safety Coordinator Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399 -Insl~ector General Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399 -Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 12. 13. Following receipt of an audit report identifying any reimbursement due the COMMISSION, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or return the amount due. COMMISSION Management of Agreement The COMMISSION'S Project Manager is Boating Safe _ty Coordinator, Division of Law Enforcement, Office of Planning and Policy, Phone 850-488-5600. The GRANTEE'S Project Manager is Senior Environmental Specialist, Phone(941)732-2505. All matters shall be directed to the Project Managers for appropriate action or disposition. Correspondence Mailing Addresses Any and all notices shall be delivered to the parties at the following addresses: GRANTEE Collier County B.O.C.C. Natural Resources Department Senior Environmental Specialist 3301 E. Tamiami Trail Naples, Florida 34112 COMMISSION Florida Fish and Wildlife Conservation Commission Boating Safety Coordinator Division of Law Enforcement 620 South Meridian Street Tallahassee, FL 32399-1600 14. 15. Public Entity Crime Vendors 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 an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount under Category Two provided in Section 287.017, Florida Statutes, for a period of 36 months from the date of being placed on the convicted vendor list. Conflict of Interest The GRANTEE 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. DV#99-07 FWCC 99150 Page 6 of 9 q 16. 17. 18. 19. 20.. 21. 22. Laws of Florida, Severability, and Venue 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 a 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. The parties agree that Leon County, Florida, shall be the venue for all actions, at law or in equity, arising herefrom, to the exclusion of all other lawful venues. Waiver No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such 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 thereafter. Taxes The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. Rights of Third Parties 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. Assienment This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. Subcontractinl! The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the COMMISSION and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. P.R.I.D.E. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the corporation identified under chapter 946, Florida Statutes, if available, in the same manner and under the same procedures set forth in Section 946.515(2), (4), Florida Statutes; and for the purposes of this Agreement the person, firm or other business entity carrying out the provisions of this Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. This "corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E) which may be contacted at: P.R.I.D.E. 12425 28th Street North St. Petersburg, Florida 33716 Telephone: (727) 572-1987 DV#99-07 FWCC 99150 Page 7 of 9 23. 24. Complete Agreement This Agreement contains the complete Agreement between the COMMISSION and the GRANTEE and, as of the effective date hereof, shall supersede all other agreements, communications or representations, either verbal or written, between the COMMISSION and the GRANTEE. The COMMISSION and the GRANTEE stipulate that neither of them has made any representations except such representations as are specifically contained within this Agreement. The COMMISSION and the GRANTEE further acknowledge that any payments or representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement Prohibition allainst Continl!ent Fees The GRANTEE warrants that it has not employed or retained any company or person, other than a bona f'lde employee working solely for the GRANTEE to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or f'~rm, other than a bona f'~de employee working solely for the GRANTEE any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DV99-07 FWCC 99150 Page 8 of 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year first above written. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Chairman ~ Name(Print) Title Director, Division of Law Enforcement FWC(~ Progr"<an~Grants Manager County Name Address Approved as to form and legality: FWCC Ass~ffit General Counsel City, State and Zip Code Federal Employment Identification Number 59-6000558 ATI'EST: DWIGHT E. BROCK, CLEPCK Remittance Address: .'~.t~ l'' m ' AddS'ess City, State and Zip Code 3.pprov~ci as io form & l~g~l ! Asaistaat Couaty * If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Type Attachment A: Description Derelict Vessel Listing DV99-07 FWCC 99150 Page 9 of 9 /b ATTACHMENT A DERELICT VESSELS TO BE REMOVED LISTED IN ORDER OF PRIORITY Photocopy this page if additional forms are needed. Mark through rmvs not used on this form. Florida Marine Patrol Estimated Len~h of Projected cost of. Designated Disposal DV# Vessel Vessel Removal and Site (specify artificial Disposal (where reef or landfill possible use bid as location) estimate) 464. 18 ' $500.00 Landfill 56'2 28 ' $ I ,000.00 Landfill 564 2/4 ' $500.00 Landfill 565 26 ' $500.00 Landfill 1000 22 ' $500.00 Landfill 1001 22' $500.00 Landfill 1007 22 ' $500.00 Landfill 101 I 24 ' $500.00 Landfill 1028 26" $500.00 I Landfill I I I I Page 2 of 3 // ~'~ation/Title 376.15, Derelict vessels; removal from public waters *40032 West's F.S.A. § 376.15 WEST'S FLORIDA STATUTES ANNOTATED TITLE XXVIII. NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE CHAPTER 376. POLLUTANT DISCHARGE PREVENTION AND REMOVAL Current through End of 1999 1st Reg. Sess. Page 376.15. Derelict vessels; removal from public waters (1) It is unlawful for any person, firm, or corporation to store or leave any vessel in a wrecked, junked, or substantially dismantled condition or abandoned upon any public waters or at any port in this state without the consent of the agency having jurisdiction thereof or docked at any private property w4thout the consent of the owner of the private property. (2)(a) The Fish and Wildlife Conservation Commission is hereby designated as the agency of the state authorized and empowered to remove any derelict vessel as described in subsection (1) from public waters. (b) The commission may establish a program to provide grants to coastal local governments for the removal of derelict vessels f,-'-~ the public waters of the state. The program shall be funded from the Florida Coastal Protection Trust Fund. Notwithstanding the t sions in s. 216.181 (10), funds available for grants may only be authorized by appropriations acts of the Legislature. (c) The commission shall adopt by rule procedures for submitting a grant application and criteria for allocating available funds. Such criteria shall include, but not be limited to, the following: 1. The number of derelict vessels within the jurisdiction of the applicant. 2. The threat posed by such vessels to public health or safety, the environment, navigation, or the aesthetic condition of the general vicinity. 3. The degree of commitment of the local government to maintain waters free of abandoned and derelict vessels and to seek legal action against those who abandon vessels in the waters of the state. (d) This section shall constitute the authority of the commission for such removal, but is not intended to be in contravention of any applicable federal act. (e) The Department of Legal Affairs shall represent the Fish and Wildlife Conservation Commission in such actions. ~m.~endedbyLaws 1999, c. 99-245 § 257, eft. July 1, 1999. Copyright c) West Group CREDIT(S) 1999 Electronic Update HISTORICAL NOTES 1999 No claim to original U.S. Govt. works FSA § 376.15, Derelict '40033 Derivation: Laws 1995, e. 95-150, § 5. Laws 1985, c. 85-252, § 7. Laws 1980, c. 80-382, § 6. Laws 1970, c. 70-439, § 1. Laws 1970, c. 70-244, § 15. Texts and Treatises 7 Fla Jut 2d, Boats §§76, 166. vessels; removal from public waters HISTORICAL AND STATUTORY NOTES 1997 Main Volume REFERENCES FORMS 1997 Main Volume 4 Fla PI & Pr Forms, Torts § 39:51. LIBRARY REFERENCES 1997 Main Volume Page 2 ANNOTATIONS NOTESOFDECISIONS Local authority 1 1. Local authority Assuming that the title to the water bottoms of the Miami River and its feeder canals, and the adjacent foreshore below high-water mark, is held by the state in its sovereign capacity in trust for the people, such sovereignty lands are not "public property" within the purview of § 705.16(2)(c), authorizing local governmental officials to remove and destroy wrecked or derelict property found abandoned on public or private property. The right to remove "abandoned vessels" from the public waters or adjacent foreshore below high-water mark is vested in the state, acting through the department of natural resources under this section or the board of trustees ofthe internal improvement fund under § 253.04. Op.Alty. Gen., 073-318, Sept. 6, 1973. Copyright (c) West Group 1999 No claim to original U.S. Govt. works C~-'ation/Title ~ £.A.C. 62N-16.009, 62N-16.009 Application of Definitions. *74304 Rule 62N-16.009, F.A.C. FLORIDA ADMINISTRATIVE CODE ANNOTATED TITLE 62. DEPARTMENT OF ENVIRONMENTAL PROTECTION SUBTITLE 62N. DIVISION OF LAW ENFORCEMENT CHAPTER 62N-16. POLLUTANT DISCHARGE ACT Current through November 1, 1999. Page 62N-16.009 Application of Definitions. For purposes of this chapter, the following terms shall be defined to mean: (1) 'Department' means the executive director of the Florida Department of Environmental Protection or his designee. (2) 'Pollutant' in accordance with Section 376.031(7) is interpreted to mean 'oil of any kind and in any form' and 'derivatives thereof to include, but not be limited to, crude petroleum or liquid products that are derived from crude petroleum by distillation, cracking, hydroforming, and/or other petroleum refinery processes to include 'gasoline'. 'Pesticides' means liquid chemical preparations intended fox-use in killing or regulating the growth of any living organism; 'ammonia' and 'derivatives thereof' include, but are not limited to ~ rous liquid ammonia (NH3), ammonia in aqueous solution (NH4OH), ammonium salts or other liquid chemical preparations winch when discharged release free ammonia (NH3), or ammonium ion (NH4); and 'chlorine' and 'derivatives thereof', include, but are not limited to, anhydrous liquid chlorine (C!2), chlorine in aqueous solution (HOCL+ CI-), compounds containing hypochlorite (CIO-), chlorite (C102-), chlorate (CIO3-) perchlorate (CIO4-) ions, other liquid chemical preparations which, when discharged, release free chlorine (C1 or C12) or any of the above chlorine-containing ions. (3) 'Transfer' or 'Transferred' includes any commercial, bulk cargo or fuel on-loading or off-loading between terminal facility and vessel, or vessel to vessel, or terminal facility to terminal facility, to include but not limited to all on-loading or off-loading of fuel for bunkering. (4) 'Discharge Cleanup Organization' means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the state, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities. For the purposes of this chapter, any third party cleanup contractor or any local government shall be recognized as a discharge cleanup organization, provided such contractor or local government is properly certified by the department. '74305 (5) 'Public Waters,' as they pertain to derelict vessels, mean rivers, streams, lakes, navigable waters and associated tributaries, canals, enclosed water systems, and any bodies of water that are accessible to members of the general public. (6) 'Executive Director' means the executive director of the Department of Environmental Protection. (7) 'Contractor' means the individual, parmership, joint venture, corporation, cooperative or govenunental entity that is contracted by the department for the purpose of removing and disposing of a derelict vessel. 'Derelict Vessel' in accordance with Section 376.15 F.S. means any vessel left or stored in a wrecked, junked, or substantially d~mantled condition that is abandoned upon public waters to include any port in the State without the consent of this dep~ar~,~t ~r Copyright (c) West Group 2000 No claim to original U.S. Govt. works Page 2 62 F.A.C. 62N-16.009, 62N-16.009 Application of Definitions. docked at any private property without the consent of the owner of the private property. (9) 'Discharge' as it pertains to derelict vessels, means any spilling, leaking, seeping, pouring, emitting, emptying or dumping of a pollutant which occurs as the result of the removal and/or disposal of a derelict vessel. (10) 'State Agency Coordinator' means the predesignated State official responsible to the Chairperson of the State Response Team for the coordination of the team during a pollution incident. The State Agency Coordinator shall work in cooperation with the assigned Federal On-Scene Coordinator. (11) 'State Response Team' means the emergency response group of predesignated State agencies that is available on a continuous basis in order to respond to a major spill. This team shall act independently of the Regional Response Team, but will cooperate with Federal authorities in all Federal cleanup operations. The State Response Team shall be responsible for creating and maintaining a contingency plan of response, organization, and equipment for handling emergency cleanup of pollution discharges. (12) 'Spiller' means the individual, partnership, joint venture, corporation or governmental entity determined by the executive director to be responsible for a discharge. (13) 'Board' means the Governor and Cabinet sitting as the head of the Florida Department of Environmental Protection. (14) 'Minor Discharge' means a discharge of pollutant of less than 1,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described in Part 80 of Title 33 of the Code of Federal Regulations and depicted on the navigational charts published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Survey, Washington, D.C., or less than 10,000 gallons in waters located seaward of the COLKEG demarcation line for the state of Florida as described above. *74306 (15) 'Moderate Discharge' means a discharge of pollutant of 1,000 gallons to 10,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described above, or 10,000 to 100,000 gallons in waters located seaward of the COLREG demarcation line for the state of Florida as described above. (16) 'Major Discharge' means a discharge of pollutant of more than 10,000 gallons into waters within the jurisdiction of the department located landward of the COLKEG demarcation line for the state of Florida as described above or more than 100,000 gallons in waters located seaward of the COLKEG demarcation line for the state of Florida as described above. (17) 'Lead State Agency' means the predesignated state agency responsible for the effective coordination and administration of the state's response efforts to a discharge or pollution incident. (18) 'Pollution Incident' means a minor, moderate, or major discharge of oil in any form, gasoline, pesticides, ammonia, chlorine, or derivatives thereof. (19) 'Regional Response Team' means an emergency response group comprised of Federal and state agencies that is available for continuous consultation in the event of a pollution incident. Florida's representation on this team will be comprised of DNR, DER, and DCA. During the activation of the RRT, the Lead State Agency shall assume Florida's primary representation on the RRT. (20) 'State Response Team Chairperson' means the Executive Director or Secretary of the Lead State Agency or his/her designee. During a pollution incident, the Chairperson or designee shall be responsible for the overall management and direction of the State Response Team or Hazardous Materials Task Force, as applicable. He shall have the authority to activate, direct, and deactivate the team. During a response, the Chairperson or designee shall be the principal public spokesperson for the SRT or Hazardous Materials Task Force, as applicable. The Chairperson or designee shall be responsible for advising the Governor regarding the need to make Declaration of an Emergency Proclamation. Copyright (c) West Group 2000 No claim to original U.S. Govt. works Page 62 F.A.C. 62N-16.009, 62N-16.009 Application of Definitions. 1) 2qational Response Center' means the National Communication Center for activities related to pollution incidents. The NRC relays notices of discharge to the appropriate Federal On-Scene Coordinator. (22) 'Hazardous Materials Task Force' means the interagency coordinative body which plans and directs the state response to major or disastrous hazardous matedhals incidents. (23) 'Federal On-Scene Coordinator' means the predesignated federal official responsible for the coordination and direction of federal discharge removal efforts at the scene of a pollution incident. (24) 'Coastal Local Governments' in accordance with Section 376.15(2)(b), F. S. means any local goveming body which is duly constituted under the Laws of Florida and whose geographical jurisdiction covers, includes or borders the Atlantic Ocean or Gulf of Mexico or their bays and inlets. *74307 (25) 'Division' means the Division of Law Enforcement within the Department of Environmental Protection. (26) 'Cargo' means goods or materials on board a vessel for purposes of transportation, in bulk, and regardless of whether transported under proprietary or non-proprietary shipping documents. Pollutants recovered and transported as the direct result of cleanup activities in response to a given discharge shall not be considered cargo. (27) 'Heavy Oil' means any oil of any kind and in any form with a specific gravity of 0.889 or greater including but not limited to lubricating oil, residual fuel oil, #4 fuel oil, #5 fuel oil, #6 fuel oil, crude oil, Bunker C and asphalt. Solvents and solvent mixtures are not considered heavy oils. 8) 'Proper containment equipment' means hard or permanent boom. (29) 'Seal oft means the use of a sleeve or similar device which completely encloses the transfer piping or hose except at the lowest end of the transfer operation, where a drip pan of not less than 25 gallon capacity shall be used. 'Seal olT as defined herein may be used to meet the requirements of section 376.07(2)(a), F.S., only by tank trucks that have a storage capacity of less than 10,000 gallons, which are transferring less than 1500 gallons of heavy oil, and which are using transfer piping or hoses with a 3' diameter or smaller. (30) 'Vessel Operator' means any person operating a vessel, whether by lease, contract or other agreement. (31) 'Vessel Owner' means any person owning a vessel or holding any legal or equitable title to a vessel. Specific Authori(y 376.07, 376.15(2)(c) FS. Law Implemented 376.031, 376.065, 376.07, 376.15(2)(b} FS. History--New 8-23-74, Formerly 16B-16.09, Amended 11-5-80, 11-21-83, 10-3-85, 11-11-85, Formerly 16N-16.09, Amended 8-27-92, Formerly 16N-I6.009, Amended 10-17-94. ANNOTATIONS Damages Respondent owned vessel which spilled substantial amount of oil in Florida waters. DNR cleaned up spill through partial funding by Florida Coastal Protection Trust Fund (Fund). DNR sought reimbursement from respondent for Fund expenditures under Rule 16N-16.003(3Xf)2., F.A.C. Recovery was ordered for damages allowable under Rules 16N-16.OO9(5 ), 16N- 16.014, and 16N- 16.0145, F.A.C., but only for expenses immediately associated with cleanup, containment, removal, abatement, and prevention of discharge. Department of Natural Resources v. Fempassat Shipping, Ltd., ! 3 FALR 3952 (1991). Copyr±ght (c) Nest Group 2000 No cla±m to or±g±nal U.S. Govt. works Page 1 Citation/Title 16 F.A.C. 16N-16.023, 16N-16.023 Removal and Disposal of Derelict *34182 Rule 16N-16.023, F.A.C. FLORIDA ADMINISTRATIVE CODE ANNOTATED TITLE 16. DEPARTMENT OF NATURAL RESOURCES SUBTITLE 16N. DIVISION OF LAW ENFORCEMENT CHAPTER 16N-16. POLLUTANT DISCHARGE ACT Current through November 1, 1999. Vessels. 16N-16.023 Removal and Disposal of Derelict Vessels. Specific Authority 376.07FS. Law lmplemented 376.15 FS. History--New 11-5-80, Antended 12-14-80, Fornterly 16N-16.23, Transferred to 62N-16.023. Copyright (c) West Group 2000 No claim to original U.S. Govt. works /7 C-C~.at ion/Tit le F.A.C. 62N-16. 023, (REPEALED) 62N-16. 023 Removal and Disposal of Derelict *74319 Rule 62N-16.023, F.A.C. FLORIDA ADMINISTRATIVE CODE ANNOTATED TITLE 62. DEPARTMENT OF ENVIRONMENTAL PROTECTION SUBTITLE 62N. DIVISION OF LAW ENFORCEMENT CHAPTER 62N-16. POLLUTANT DISCHARGE ACT Current through November 1, 1999. Vessels. Page 62N-16.023 Removal and Disposal of Derelict Vessels. (REPEALED) Specific Authority 376.07 FS. Law lmplemented 376.15 FS. History--New 11-5-80, Amended 12-14-80, Formerly 16N-16.23, 16N-16.023, Repealed 4-16-96. Copyright (c) West Group 2000 No claim to original U.S. Govt. works EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CONDUCT AMBIENT AIR QUALITY MONITORING WITHIN COLLIER COUNTY. OBJECTIVE: To have the Board of County Commissioners approve the attached Agreement with the Florida Department of Environmental Protection (FDEP Contract AQ 158). CONSIDERATION: Approval and implementation of this agreement will permit the Count5' in cooperation with the Florida Department of Environmental Protection, to meet the Goals and Objectives of Goal 8 of the Conservation and Coastal Management Element of the County's Growth Management Plan, namely: The Count3, shall maintain Collier County's existing air quality. Under this agreement the FDEP, at no cost to the County, will provide all equipment, utilities, related facilities and services, necessary to initiate and carry out the requirements of the ambient air quality monitoring program. The FDEP's obligations are listed in Attachment A - Scope of Services of this Agreement. The County's obligations are listed in Attachment B - Scope of Services of this Agreement and include the following major provisions to provide: 1) Suitable sites for situating the required monitoring equipment and facilities are shown on the attached Exhibit I. 2) The necessary technicians, to be trained by the FDEP, to periodically visit the monitoring sites, collect samples, inspect the condition of the equipment and facilities, and carry out minor routine maintenance. 3) Staff to periodicall), monitor the data being transmitted by telemetry to the County and FDEP offices. Fulfilling the conditions and requirements of this Agreement are consistent with the Clean Air Act (USC 7401) and Title 40 Code of Federal Regulations (CFR). Funding for this program is from the 103 and 105 grants program of the U.S. Environmental Protection Agency to the Florida Department of Environmental Protection. FISCAL IMPACT: The FDEP will fund all costs for providing equipment and services to conduct this program. The County will provide technical assistance utilizing existing Staff of the Pollution Control & Prevention Department. No additional staff will be required. JUN 2 7 2000 Executive Summary FDEP Contract AQ 158 Page -2 - GROWTH MANAGEMENT IMPACT: Approval and implementation of this Agreement will substantially satisfy the Goals and Objectives of Goal 8 and the related Objectives as set forth in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement (Contract AQ 158) with the Florida Department of Environmental Protection. /-~-: -': Date: PREPARED BY: '-- c ...... Irving Berzon, P.E. Enginedring Project Manager Pollution Control & Prevention Department REVIEWED BY: APPROVED BY: G. George Yilmaz, Ph.D., P.E., P.H., R.EP. Director Pollution Control & Prevention Department Date: ~_//s3'"- Vincent A.Cautero, AICP, Administrator Community Development & Environmental Services Division Date: GGY:jtg: executive summary Attachment DEP Contract No. AQ158 AGREEMENT BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPARTMENT This AGREEMENT is made and entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, hereinafter referred to as the DEPARTMENT, and the COLLIER COUNTY BOARD OF COISNTY COM3/IISSIONERS, whose address is Collier County Pollution Control and Prevention Department, 3301 East Tamiami Trail, Naples, Florida 33962, hereinafter referred to as the COUNTY. WITNESSETH: WHEREAS, certain monitoring activities mandated under the Clean Air Act (42 USC 7401 et seq.) and Title 40 Code of Federal Regulations (CFR) have been agreed upon between the United States Environmental Protection Agency (EPA) and the DEPARTMENT; and, WHEREAS, the DEPARTMENT has received funding from the EPA through the 105 and 103 grant programs for the purpose of establishing and opera. ting the DEPARTMENT's Ambient Air Monitoring Network; and, WHEREAS, Section 403.061 (12)(a), F.S., empowers the DEPARTMENT to cause field studies to be made and samples to be taken of the air as to determine the levels of air quality of the state; and, WHEREAS, the COUNTY has a need for accurate data regarding local air quality to help guide local decisions. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the DEPARTMENT and the COUNTY agree to perform all work described herein, or hereinafter authorized upon the terms and conditions stated. General Provisions: The DEPARTMENT and the COUNTY agree to perform the services and specific responsibilities as set forth in Attachment A, "Scope of Services", attached hereto and incorporated by reference. Any changes are subject to the mutual agreement of both parties as evidenced in writing by proper amendment hereto. Schedule of Work: This AGREEMENT is effective upon execution by both parties and shall remain in effect for five years following execution. This AGREEMENT may be renewed for an additional term not to exceed the original term of AGREEMENT. The renewal shall be in writing and subject to the same terms and conditions of this AGREEMENT. Each party shall review its commitment to the AGREEMENT annually. Funding and Other Resources Supporting Responsibilities are Outlined in Attachment A: This AGREEMENT is subject to availability of funds and resources or anticipated cpntfntlation of funds and resources available to both parties throughout the duration of this DEP Contract No. AQ158, Page 1 of 2 Eo Should either party's funding or other necessary resources be discontinued or reduced, the AGREEMENT may be terminated or amended, as appropriate. Approvals: The DEPARTMENT's AGREEMENT Manager is Mr. David Knowles, South District Air Program Administrator, telephone number 941/332-6975, extension 134. The COUNTY's AGREEMENT Manager is Dr. G. George Yilmaz, Director, telephone number 941/732-2502. All matters dealing with this AGREEMENT shall be directed to or coordinated with the AGREEMENT Managers for action or disposition. Terminations: This AGREEMENT may be terminated, in whole or in part, in writing by either party (1) in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT or (2) for its convenience. The terminating party shall give (1) not less than 30 calendar days written notice of intent to terminate and (2) an opportunity for consultation prior to termination. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Entire Agreement: It is expressly understood and agreed that this AGREEMENT states the entire AGREEMENT and that the parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted in this AGREEMENT. This AGREEMENT cannot be changed orally, nor by any means other than by written amendments expressly referencing this AGREEMENT and signed by all parties hereto. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed, the' day and year last written below. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TimOthy g. Constantine, Chairman Director, Division of Air Resource Management Date: ,20 Date ,20 Attest: By: Dwight E. Brock, Clerk Deputy Clerk DEP Contracts Administratof '~ Approved As To Form agtd Legal Sufficiency: Assist~knt County Attorney DEP Contract No. AQ158, Page 2 of 2 Approved As To Form and Legality: Attomey i: ATTACHMENT A SCOPE OF SERVICES A. The DEPARTMENT shall at the DEPARTMENT's sole cost and expense perform or provide the following services: Supply and install two trailers for two ozone monitors; secure power poles, electrical connections to the trailers; and if necessary, security fences around the selected monitoring sites. Install a platform large enough for three PM2.5 monitors (one for ambient air sampling, one for collocation, and one for routine audits by the EPA's Contractor); electrical connections to the platform and a security fence around the selected monitoring site. Supply and install the PM2.5 monitor(s) for ambient air sampling on the platform with all electrical connections and insure monitor operates properly. Install the ozone monitors and calibrators for ambient air sampling with all electrical, pneumatic and communications connections and insure the monitors and calibrators operate properly. 4. Provide spare sampling train components and other spare parts for both the PM2.5 and ozone monitors. 5. Provide all required expendables such as in-line filters, flow filter unit, sample filters, filter holders, shipping containers, and sample train oil. Provide major maintenance such as replacement of the monitors' intemal computer, temperature sensors, wiring, plumbing, sample pumps, flow sensors, and if necessary, the PM2.s or ozone monitors themselves. 7. Provide for electrical utility service for the ozone sites through a separate vendor. 8. Provide for shipping services for sample filters and for equipment and parts necessary to install, operate and maintain the PM2.5 and ozone monitors. 9. Provide for laboratory filter weighing services for the PM2.s filters. 10. Conduct flow certifications on the PM2.s sampler, annual certification on the ozone primary calibration standard, and performance audits on both the PM2.~ and ozone monitors; conduct triennial systems audits in accordance with 40 CFR, Part 58, Appendix A. 11. Provide Standard Operating Procedures and Quality Assurance/Quality C~ontrol Procedures. DEP Contract No. AQ158, Attachment A, Page 1 of 3 12. Provide on-site and in-state training oppommities and technical expertise on the PM2.s and ozone monitors. go The COUNTY shall at the COUNTY's sole cost and expense perform or provide the following services. 1. Select and provide the site locations for the ozone monitors in coordination with the DEPARTMENT staff. Be responsible for all necessary land use clearances. Provide a qualified technician to operate and maintain the PM2.5 and ozone monitors for ambient air sampling. (Ideally, the technician should have some training in/experience with technical equipment and electronics, be computer-literate and able to follow detailed instructions). Provide a qualified Quality Assurance Coordinator (someone other than the technician specified in B.2) to ensure that all quality control and quality control functions are performed in accordance with the State-l~ide Quality Assurance Air Program Plan (QAP-001), the Quality Assurance Project Plan for the State of Florida's PM2.5 Ambient Air Monitoring Program (QAP-001A), and the applicable standard operating procedures. 4. Provide for PM2.s sample filter change every three days or six days depending on the type of sampler and sampling schedule. 5. Provide use of a laptop computer capable of providing the services listed in Paragraph B.6. of this Attachment. Transfer data from the PM2.5 monitor by laptop computer and ship to the DEPARTMENT's Ambient Monitoring Section via disk, e-mail, or other acceptable mode per a prescribed schedule. Ozone data will be transferred by use of the EMC data handling system. Provide for PM2.~ sample filter handling to include receipt from the supplier, installation in and removal from the PM2.~ monitor, documentation, and delivery of the filters to the designated shipper. Provide m/nor maintenance of the PM2.~ monitor to include sample train oil changes, cleaning of the unit, and changing out parts; minor maintenance of the ozone monitor to include changing the in-line filters, cleaning the equipment and changing out parts. Services requiring major maintenance such as those listed in Paragraph A.6 of this Attachment will be reported to the DEPARTMENT's Agreement Manager and the designated DEPARTMENT technician as soon as possible. Provide travel expenses for training such as for local/in-state lodging, meals, and time for the technician. DEP Contract No. AQ158, Attachment A, Page 2 of 3 10. Provide office space for the technician. 11. Provide for transportation for the technician monitors. to operate/service the PM2.s and ozone REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. AQ158, Attachment A, Page 3 of 3 Oute, DocJ Site 1 Laurel Oaks Elementary School , Mag 1Z00 Tue Jun 06 10.O7 2OOO Scale I:loo,floo (at center) 2 Miles 2KM Site 2 Sugden Park EXHIBIT I 8ecorKter~ $R, Road, Hwy Ramp ~ Major Connector State Route __ ~ Interstate/Limited m Toll Highway ~:~ ' US Highway Ut~ty , I I Railroad ~..X~CUT~ AWARD BID 00-3068 TO ASTORIA PACIFIC INTERNATIONAL TO OBTAIN A AUTOMATED FLOW ANALYZER OBJECTIVE: To receive the Board's approval to award Bid 00-3068 to Astoria Pacific International to obtain a Automated Flow Analyzer for use in the analysis of nutrients such as nitrate, nitrite, orthophosphate, and total phosphorus in drinking and environmental water. CONSIDERATIONS: The bid invitations were publicly posted on April 18, 2000 and notices were sent to eighteen vendors. Six vendors requested the full bid package. Sealed bids for the Automated Flow Analyzer were opened on May 10, 2000 with three vendors submitting bids. The bid was evaluated on the basis of meeting the advertised specifications, including all requested accessories, training and cost. GROWTH M~/~AGEMENT IMPACT: It is consistent and necessary to implement cost effective objectives and policies requiring surface and ground water monitoring contained within the Conservation and Coastal Management element of the Growth Management Plan. FISCAL IMPACT: The Automated Flow Analyzer will cost $33,180.00. This item is budgeted in Fund 114, Cost Center 178975, Object Code 764990 in FY 99/00 for this specific purpose. Revenue for this purchase was generated through State Contracts. RECOMMENDATION: That the Board of County Commissioners award Bid 00-3068 (see attachment) to Astoria Pacific International as the lowest, qualified, responsive bidder in the amount of $33,180.00. PREPARED BY: .~ ~w~_' DATE: Bernard F. Sullivan Chief Environmental Specialist REVIEWED BY: REVIEWED BY: APPROVED BY: ~----~--~-~-~-~-~-~ 3J_.-, ~D DATE: ~__~'3'1-~-~..~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director Pollution Control & Prevention Department /':' ~ ~-'. /f., ,i,~ DATE: Steve Camell, Director kmrc~sing Department :.. '.. Vincent A. Cautero, AICP, A~i '~' Co~unity Development & Environmental Servi cos At tachment: oh/f/executive sunurea:%, :.:.Z.;.Z.Z.:.:.:.: Z.:.:..';.Z.Z..;.;.;- .:.;.:..Z.?: .Z.:.Z.~-:.:.:. ':':.:..Z.:-; .Z.Z': -;-:'Z' .Z.:.;. -.'..Z..:.:-:.:;:Z:: :;:Zi;Z ;:ZZ::..;Z. ;:: Z::z;Z;::Z;:;;Z ;:Zz:z: ;;;:ZZZ :Z;::Z; ;:Z:Z:; :; ;; Z;; :; Z ;;:: ; Z:ZZ:ZZ:: ::; :;:i ..... Z-::..Z':Z.;.Z- :.:.Z.;:.Z.:.Z:.:.:.::.Z.;-Z:.Z.:.;:.i.:.:Z':.?i;.Z.Z.;':.:.:.;:.:.Z.: ':'Z':l:':-:';;.:':';Z.i.Z': ':'Z.;Z-Z.Z.Z:-:-;.;Z-:.:-; .Z.:'; .:.;.: · ................ ;.:., .;.Z';.:-:-ZC .:.Z.: ':':-Z. 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I-:.:-:. :-:.:...:-:-:.:.:.:.:.' :.:-:. :.:.:. :::::i.:~':::::: :~.: :::: !: :i: !:i: :! :!:!: I!:!:: i:: :ii:i: :i ::: i..~. !i~ .~.': i~! i~.'i i:i:i:ii,~. 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 :!:i:i :!:i:i :.:.: ~..~:; i ...: Z .: ;-: .;.:- - -;-;. ·: .... :- · ..-;.;...:.:.;...:.;. · .:...;-;-;. :.;.:..;.;.:-.;.:.;..;';.;..;.;.:- -;-;C..:.:q..;-;-;., .;.:.;. -:-i-;. -~.;.:- ;.:.;-i ;.:';.! ;';':- ;.;';- i:!:!:i:i:::.::::: .:::::.::-:-:.-:-:.: ================================================= ::::: :::,:::: ::: ::; ::: ::; :::: ::: ;:: : .~ : .;:~ :.'~ ::: ::: ::: ::: :::: .; ,.., ,..., . u · ='=f!i*" · .. EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT RECOGNIZING REVENUE FOR FIRE PLAN REVIEW. OBJECTIVE: To have the Board of County Commissioners approve a Budget Amendment recognizing revenue for additional fire plan review fees which will cover fire plans review costs for the balance of the fiscal year. CONSIDERATIONS: The Building Review and Permitting Department collects fire plans review revenues through an interlocal agreement with the independent fire districts which is administered by the North Naples Fire Department. These funds are paid out to the North Naples Fire Department through a purchase order as with any other commercial vendor. The amount budgeted for this expenditure is an estimate of what those fire plans review fees will be for the coming fiscal year. Based on fees collected to date, it is estimated that the amount of fees collected this year will exceed the amount which was budgeted by approximately $220,000. In order to be able to remit these fees to the North Naples Fire District, a budget amendment is necessary to recognize additional revenue to cover these fire plan review costs. FISCAL IMPACT: Approval of this budget amendment will recognize $220,000 of additional fire plan review fees which will be offset by $220,000 of expenditures for fire plan review for the balance of this fiscal year. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: additional revenue for fire planr~eview fees. PREPARED BY: ..- / ./ ,- -~ DATE: John ~e Gebhardt, .C¢ston)er S6~wtce Supervisor Bmldlng Revmw,an rm~ttmg Department REVIEWED BY: ~ ~--~ ~-'> ' '. '~'. ......-- DATE: Edward S. Perico, Di'r, ector ~'? _. Bt).ildij~g Review an,~Pernfit~ing Department APPROVED BY: ...... ., ; DATE: Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services DMsion Board approval of a budget amendment recognizing AGENDA I-[EM EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR THREE HOUSES TO BE BUILT BY HABITAT FOR HUMANITY IN COLLIER COUNTY, FLORIDA. OBJECTIVE: The Board of County Commissioners accept the Resolutions and Agreements for 100% waiver of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for waiver of Correctional Facilities Impact Fees, "Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services Impact Fees, Educational Facilities System Impact Fees and Water and Sewer Facilities Impact Fees for three houses to be built by Habitat for Humanity, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Habitat for 1tumanity has submitted three applications for 100% waiver of impact fees for three houses to be built by Habitat for Humanity at Lot 13, Block 9, Naples Manor Lakes; Lot 12, Block 9, Naples Manor Lakes; and Lot 2, Block 2, Naples Manor Extension, in Collier County. These are homes for very low income, first time home buyers and qualify for an impact fee waiver under the provisions of the Impact Fee Waiver Ordinances. These homes are proposed to sell for $52,500. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $7,586.34 per home. This totals $22,759.02 for all three homes. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,825.00 c) Parks Impact 820.84 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Correctional Facilities Impact Fee 117.98 g) Water Impact Fee 1,275.00 h) Sewer Impact Fee 1,575.00 Total Impact Fees to be Waived/Deferred $7,586.34 per home GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for very low income families in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary Habitat Impact Fee Waiver Page T~vo RECOMMENDATION: The Board of County Commissioners accept the Resolutions and Agreements authorizing the waiver of impact fees for homes to be built at Lot 13, Block 9, Naples Manor Lakes; Lot 12, Block 9, Naples Manor Lakes; and Lot 2, Block 2, Naples Manor Extension, in Collier County, by Habitat for Humanity, for very low income families, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: J. Beard, Planhe'll Housing and Urban Improvement Date Reviewed by: /5' Greg MiMlfc; Director Housing and Urban Improvement Approvcd.,by;~') ~"~'06 (~ __ Date VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of2000, 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. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities 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 concluded 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 ~vaiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000- at its regular meeting of ,2000; 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 are 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. Do 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 $7,586.34 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 run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 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 liens for County taxes and shall be on parity xvith liens 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 H~UMANITY OF COLLIEI CC} T¥ Samuel J./Durso, M.D., President - 4 - STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ',~1~?~*' day of X'~xO_~_ ,2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He:~ personally known to me. [NOTARIAL SEAL] Signh'tfi're ~f Person Tat~g Acknowledgment ~ ~ cAoV~R~ o ~J~..,.,:i~:E~ Fame °f Ackn°wledger TyPe~ mri~ed °r stamped AR Co DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Assistant County Attorney TIMOTHY J. CONSTANTINE, CHAIRMAN EXHIBIT "A" LEGAL DESCRIPTION LOT 13, BLOCK 9, 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 - RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY I-LatBITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 13, BLOCK 9, 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 Count), and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier Count)' Growxh 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 frotn the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier Count)' impact fees; and WHEREAS, Habitat for Humanit), of Collier Count),, Inc. is seeking a waiver of impact fees; and \VHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 13. Block 9, Naples Manor Lakes. which is proposed to sell for Fifis'-Two Thousand Five ttundred Dollars ($52,500.00); and WHEREAS, the Dwelling Unit xvill 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 \¥q4EREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier Count)', Inc., submitted to the Office of 1tousing and Urban hnprovement an Affordable Housing Application dated December 3, 1999 for a waiver of impact fees for the construction of a house on Lot 13, Block 9, Naples Manor Lakes, a copy of said application is on file in the Housing and Urban Improvement Department; and \~,q-IEREAS, 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. 99-39, Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services Syste~n Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System hnpact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities hnpace Fee Ordinance. Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and 1 WItEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Itumanity 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 tile 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 13, Block 9, Naples Manor Lakes, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for xvaiver 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 Count)' of the following impact fees from the Affordable Itousing Trust Fund, Fund (191), in tile following amounts for the one (1) house to be built on Lot 13, Block 9, Naples Manor kakes by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,825.00 C. Parks Impact Fee: 820.84 D. EMS hnpact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,586.34 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 a~er motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By TIMOTHY J. CONSTANTINE, CttAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney 3 EXHIBIT "A" LEGAL DESCRH'TION LOT 13 OF BLOCK 9. NAPLES/MANOR LAKES. ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 Lot Oz B~oc~< 02 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this m day of2000, 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. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance~ Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities 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 concluded 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. 2000- at its regular meeting of ,2000; 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 are 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: go 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 $7,586.34 pursuant to the Impact - 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 run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 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 liens for County taxes and shall be on parity with liens 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: P~ame ~.,.. ~----,--- Print Name 4 HABITAT FOR HUMANITY OF COLLIER 'Samuel J-M3urso, M.D., Presiden /7'. STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ~'~X'X"day of '(Xxo..~ ,2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He ~ersonally known to me. [NOTARIAL SEAL] Signa of Person Tak~g ent { "~. MY couM~ss~on, CC*,*~a Name of Ac~owledger Typed, Printed or Stamped I '~o~ ~ _ DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORiDA Approved as to form and legal sufficiency Assistant County Attorney By: TIMOTHY J. CONSTANTINE, CHAIRMAN - 5 EXHIBIT "A" LEGAL DESCRIPTION LOT 2, BLOCK 2, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 ,/7 RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR ONE ttOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 2, BLOCK 2, 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, lnc. 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 2, Block 2, Naples Manor Extension, which is proposed to sell for Fifty-Two Thousand Five Hundred Dollars ($52,500.00); 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, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 3, 1999 for a waiver of impact fees for the construction of a house on Lot 2, Block 2 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 hnpact 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. 99-39, Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System hnpact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities Impace Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a xxaiver; and ~,%q-IEREAS, Habitat for Hmnanity 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 TI-[E 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 Humanit3' of Collier County, Inc. for one (l) house which shall be constructed on Lot 2, Block 2 Naples Manor Extension, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of Count5' Commissioners her' 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 2, Block 2 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,825.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,586.34 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. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deput5' Clerk By TIMOTHY J. CONSTANTINE, CttAIRMAN Approved as to form and legal sufficiency: The ina/~s C. pl~alm??~ Assistant Count5' Attorney j&'g/Naples Manor Extension/reso 3 EXHIBIT "A" LEGAL DESCRIPTION LOT 2 OF BLOCK 2 , NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 z 3NIN )t00-I8 ~'L 10-1- aO~ (H'"Jlla' 1N:II/~:ISV':I 30VNIV~O ,GL ,00'09 3 ,,0~',/Cj. 69 N t1~31~38,V,-3~ ,IJ. JTl~P, ..OI, 3NIN >12)098 ~'i; L'L IO9 ,.-...: - .-:.~ ..... ,00'09 3 · 008 /35 m E2 ¥& 3NIN N0098 EL 109 H AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of2000, 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. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities 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 concluded 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. 2000- at its regular meeting of WHEREAS, the Impact Fee Ordinance requires Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. ., 2000; and that the OWNER enter into an following: 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 $7,586.34 pursuant to the Impact Fee - 2 - RECITALS INCORPORATED. The foregoing recitals are true and correct and are 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 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 paragraph 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 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 oxvner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens 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: Pri. gt Name ~c'ec, ~ "x%~er~-~ Print Name~-o t',,~,o ~: ~','~l; .,~ OWNERS: HABITAT FOR HUMANITY OF COLLIER C fl14&lZ ~y. ff'~.fi~.-r~ Samueb~.K~burso, M.D., President - 4 - STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ~15x'V"day of . 1'(50.,_5,- ,2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He ~)personally known to me. [NOTARIAL SEAL] SignatUre of Person Taki ~Ac~-E~owledgment ! ~q~,o,, LAUR[~N J. BE^RD l'~ame of Ac~owledger Typed, Printed or Stamped ~ ~ ~ MYCOMMISSION · CC7~7198 ~ DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Thomas C. Palmer Assistant County' Attorney By: TIMOTHY J. CONSTANTINE, CHAIRMAN EXHIBIT "A" LEGAL DESCRIPTION LOT 12, BLOCK 9, 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. RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ttABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 12, BLOCK 9, NAPLES MANOR LAKES, COLLIER COUNTY, FLORIDA. WHEREAS, Collier Coun~ 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 1tousing 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 tlumanity of Collier County, Inc. is seeking a waiver of impact fees; and \~qq~.REAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 12, Block 9, Naples Manor Lakes, which is proposed to sell for Fifty-Two Thousand Five Itundred Dollars ($52,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a milfimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to lhe Office of Housing and Urban Improvement an Affordable Housing Application dated December 3, 1999 for a waiver of impact fees for the construction of a house on Lot 12, Block 9, 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. 99-39, Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities hnpace Fee Ordinauce, Ordinance No. 99-52, 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 lmpact 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 12, Block 9. 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 Lo! 12, Block 9, Naples Manor Lakes by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road hnpact Fee 1,825.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES :$7,586.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier Couuty Impact Fees between the property owner and/or purchaser and the County. ~ 2 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney By TIMOTHY J. CONSTANTINE, CHAIRMAN 3 EXHIBIT "A" LEGAL DESCRIPTION LOT 12 OF BLOCK 9, 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 01 /(J!JJeO XqaJaq 'Dp!JoIJ JO alOlS aql u! JOX~^JnSpUD] p~J~JS!§~ D "JS 'DlleIJ°d '~ s!uua(] '1 00~1 Z 3NIN }1309E] (HOllO N3dO) J_N31~I3S;V3 39VNIV~ICI ,gJ ,C)0~0~ 3-;,0~Z,Lg.6tg N ,6Z'9 = '93 Y~81 ! 3~ (/~-ld-SISVE] ONIHV38) 3 .O(Z,Tc~.6g N IN 3143S¥ 3 AJ. 1911 f/ ,01. 3NIN N0098 ~ L /09 ,00'09 3 ,,O~,L§;6B N (W319900 _-I0 ~kLN~00 (VOIWOqJ JO 3Iris Z Cn O O -- 1/0 00)4 3NIN N0098 LL 109 3NN SVX 31 SUMMARY ASSIGNMENT AGREEMENT FOR EASEMENT FOR BENTGRASS BEND AT PELICAN MARSH OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) Bentgrass Bend @ Pelican Marsh, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to %he Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGF/~ENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the North Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Bentgrass Bend @ Pelican Marsh. 2000 Executive Summary Bentgrass Bend @ Pelican Marsh Page Two PREPARED BY: Shirley Nix, Engineering Technician II Enginee_r~ Review Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date Date Robert Mu/lhere, AIC~ Planning Services Department Director APPROVED BY_...' J" Vincent A./'Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date A~A JUN 2 ? 200~ 27 PUD ' ZONE AE (EL 11) PUD '~ ZONE AE (EL 11) DESCRIPTION: Section 27, Township 48, Range 25, Ben Bend At The Estates At Bay Colony Golf Tracts 1, GC 1 and GC 9 Plat Book 33 Pages 54-56 g ra~s s/~ & Clu ,~r7~----- JUN 2 7 2000 ASSIGNMENT AGREEMENT (BENT GRASS) THIS ASSIGNMENT AGREEMENT made and entered into thisY~'?)j- day of April, 2000, by and between the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non-exclusive Utility Easement from WCl Communities, Inc. to Assignor referred to as "Utility Easement" concerning certain water and sewer facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Composite Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interlocal Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and WHEREAS, certain water and sewer facilities located within the aforedescribed Utility Easement have been conveyed to Assignor from WCl Communities, Inc. by Bill of Sale and Utility Facilities Warranty Deed, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A". Assignee hereby accepts said assignment. 2) Governin.q Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. JUN 3) Modification; Additional Assurances. No change, amendment, modifi6ation or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Bindin.q Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: STATE OF FLORIDA COUNTY OF COLLIER PELICAN MARSH COMMUNITY DEVELOPMENT-DISTRIST ay;i John ~,. Pistor Its Chairman by DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Develo District. He is personally known to me. 2OO0. The foregoing Assignment Agreement was acknowledged before me .5~ f%L' /-1 , t' )/,%;-C,j ., Chairman of the PELICAN MARSH COMMUNITY / 2ment WITNESS my hand and official seal this ~ *CC 917392 Notary Public,~ Print Name: ~/~.;/~ My Commission Expires: ~ \USER $\APD\P~L MA RSN',UTILtT'¢~G A L LERIA\A $SIG N 2 JUN 3 ? 2000 pg. ASSIGNEE: ATTEST: DWIGHT E BROCK, Clerk 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 BY: Approved as to from and leg~sufficie~Q~Y I,' Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2000. (Notarial Seal) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 F:\U SERS\A PP\PE LMA R SH\UTILITY'~BE NTGRAS\ASSIG N Notary Public Print Name: My Commission Expires: JUN This instrument Prepared by: Vivien N. Hastings, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 UTILITY EASEMENT (Estates at Bay Colony Golf Club - Bentgrass Bend) TI-3S EASEMENT, grauted this day of March, 2000, by WCI COMMq.7N1TIES, INC., a Delaware corporation, Mmse address is 24301 Walden Center Drive, Bonita Springs, Florida, 34134 (the "Grantor"), to the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, wbose address is: c/o Anthony P. Pires, Esquire, 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon aud to install aud maintain water and sewer utility facilities in, on, over and under the following described lands being located in Collier Couaty, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, lnaintenance or restoration of improvements or landscaping installed by file Grantors within the easement area, to wit: Tract'"A" and all County' Utility Easements (C.U.E.'s) as shown on the plat of Bentgrass Bend at the Estates at Bay Colony Golf Club, according to the plat thereof as recorded in Plat Book 33, Pages 54 through 56, inclusive, of the Public Records of Collier Count5', Florida (the "Property"). TO t-LAVE ANT) TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the water and sewer utility. facilities. Grantors and Grantee are used for singular or plural, as the context requires. 1N WqTNESS WHEREOF, tile Grantors have caused these presents to be executed tile date and year first above written. WCI COMMUNITLES, INC. a Delaware corporation By: V~iviert N. Hastings '/[ Its: Senior Vice President STATE OF FLORIDA COUNTY OF LEE Tile foregoing Utility Easement was ackmowledged before me by Vivien N. Hastings as Senior Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. She is personally known to ~SS my hand and official seal this ~ day of March, 2000, My Commission Expires: ~t~DTfiugli~a~o~lor~d~ Laurel Y. Si~erly 2 of i JUN 2 7 2000 EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR VILLAS AT GREENWOOD LAKE SALES TRAILER OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Villas at Greenwood Lake Sales Trailer, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 14, 1999, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. SB70002 in the amount of $2,236.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. Executive Summary Villas at Greenwood Lake Sales Trailer Pa%e Two GROWTH MANAGF/4ENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Villas at Greenwood Lake Sales Trailer, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nix,~/~ngi~eering Technician Engineeri.n~ Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date R obert~ A IC~ Planning Services Department Director Date APPRO;V~D ..~Y: Vincent A. Cauters, A lnlstrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date LOCATION MAP STATES B~tNK March 22, 1999 RE: IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB70002 ISSUER: Atlantic States Bank (hereinafter "Issuer"). 13525 Bell Tower Drive Fort Myers, Florida 33907 PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until March 22, 2000, and shall thereafter be automatically renewed for additional one-year periods unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit, but in no event will the credit mature past March 22, 2001. APPLICANT: Ovadia Elias, Meir Alice and A.R.M. Development Corp. of Naples, Inc. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUNT: $2,236.00 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Atlantic States Bank, 13525 Bell Tower Drive, Fort Myers, Florida 33907. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, READING AS FOLLOWS: "A.R.M. Development Corp. of Naples, Inc. has failed to construct and~or maintain the water improvements as shown on the plans for Villas at Greenwood Lake or a final inspection satisfactory to Collier County, pursuant to Colllier County Ordinance No. 97-17, as may be amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." PO Box 00299 Ft. M~,'rs. FL 33906-6299 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Atlantic States Bank Credit No. SB70002 dated March 9, 1999." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which the Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This letter of credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500. Sincerely, Kevin P. Hagan President EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "OSPREY ISLE AT CARLTON LAKES" OBJECTIVE: To approve for recording the final plat of Osprey Isle at Carlton Lakes, a subdivision of lands located in Section 19, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Osprey Isle at Carlton Lakes" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Osprey ~ Isle at Carlton Lakes" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. AC.~.NDA I'r'~.M JUN 2 7 2000 Pg. Executive Summary Osprey Isle at Carlton Lakes '~Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Osprey Isle at Carlton Lakes" with the following stipulations: 1. Authorize the recording of the Final Plat of "Osprey Isle at Carlton Lakes." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager ~ob~rt Mulhere, AICP Planning Services Department Director A, PROV p Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Date Date Date JUN 2 7 20O0 C0.LLIER COUNTY, FL01 19, TOWNSHIP 48 SOU . 0LLIER COUNTY, FLORII ? § COLUER COUNTY N~ LOCATION MAP JUN 2 7 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES LAKES COUNTRY CLUE UNIT TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Naples Lakes Country Club Unit Two", a subdivision of lands located in Section 15, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Naples Lakes Country Club Unit Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Naples Lakes Country Club Unit Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $744,620.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $410,425.00 - $334,195.00 The Security amount, equal to 110% of the project cost, is $819,082.00 JUN 2 7 2000 Executive Summary Naples Lakes~Country Club Unit Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $14,511.11 Fees are based on a construction estimate of $744,620.00 and were paid in February and June, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 554.44 b) c) Paving, Grading (1.3% const. est.) GROWTH M/%NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $2052.13 Drainage, Paving, Grading (.42% const. est.)- $1420.33 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $6156.38 Drainage, - $4327.83 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve. the Final Plat of "Naples Lakes Country Club Unit Two" for recording with the following stipulations: Approve the amount of $819,082.00 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. AC~3~)A~ JUN 2 ? 2000 Executive Summary Naples Lakes Country Club Unit Two Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date R~bert Mulhere, AICP Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP,- Administrator Community Development & Environmental Services Date Date j rh JUN 2 7 2000 COLLIER COUNt, I: O:)LDEN CAE PKWY STATE H~. 84 RATTLESNAKE HAMMOCK RD. PROJECT 'LOCATION LOOATION MAP (NCT TO SCALE) CORPORATE ACKNOWLEDGMENT JUN 2 7 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PRESERVE COMMONS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Preserve Commons", a subdivision of lands located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Preserve Commons" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the '~required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that "Preserve Commons" be approved for recording. the final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $209,359.99 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $129,736.34 - $ 79,623.65 The Security amount, equal to 110% of the project cost, is $230,295.99 JUN 2 7 2000 / 'Executive Summary Preserve Commons Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4439.41 Fees are based on a construction estimate of $209,359.99 and were paid in March, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 475.16 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 648.68 Drainage, Paving, Grading (.42% const. est.)- $ 334.42 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1946.05 Drainage, - $1035.11 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Preserve Commons" for recording with the following stipulations: Approve the amount of $230,295.99 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. JUN 2 7 2000 Executive Summary Preserve Commons Page 3 PREPARED BY: John ~. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager RoJ~ Mulhere, AICP Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date Date Date j rh JUN 2 7 PLAT BOOK PAGE SHEET 1 of 2 ~OLDE -- SITE _ /CYPRES~y VICINITY MAP NOT TO SCAL JUN 2 7 2000 EXECUTIVE SUMMARY AUTHORIZATION OF A 75% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY BENJAMIN AND IRIS SANCHEZ AT 170 GOLDEN GATE BLVD., IN GOLDEN GATE ESTATES, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 75% deferral of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for deferral of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities hnpact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Benjamin and Iris Sanchez, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Benjamin and Iris Sanchez have submitted an application for a 75% deferral of impact fees for one house to be built by Benjamin and Iris Sanchez at 170 Golden Gate Blvd., in Golden Gate Estates, Collier County, as a moderate income, first time home buyer and qualifies for an impact fee deferral under the provisions of the Impact Fee Deferral Ordinances. The cost of the house will be $104,908. FISCAL IMPACT: Funding for the proposed impact fee deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be deferred is $3,217.75. a) Library System Impact Fee $ 135.39 b) Road Impact Fee 1,368.75 c) Parks Impact 615.63 d) EMS Impact Fee 10.50 e) Educational Systems Impact Fee 1,333.50 f) Correctional Facilities Impact Fee 88.48 Total Impact Fees to be Deferred $3,552.25 GROWTH MANAGEMENT IMPACT: The impact fee deferral will bring relief for a moderate income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. AGEN]D,A I~E~ o JUN g 7 2000 Executive Summary Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the deferral of impact fees for a home to be built at 170 Golden Gate Blvd., Golden Gate Estates in Collier County, by Benjamin and Iris Sanchez, a moderate income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: ' ..... " /'77~--~---C-[ Date {r //5-/(",~' Lauren J. Beard, Plan?her 'i Housing and Urban Improvement Reviewed by: HG roeugs i nM~ a~n,l~ ;uDr~ raenC tl°mrp r o v e m e nt Date Approved by: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Date ~"r"/~ C70 JUN 8 7 2000, AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the 75% Deferral of Impact Fees entered into thisday of , 2000 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Benjamin and Iris Sanchez, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral and WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in Resolution No. 2000-__ at its regular meeting of ,2000; 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 are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a moderate income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; 2 .l JUN g 7 7..000 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 $3,552.25 pursuant to the Impact Fee Ordinance. In return for the 75% deferral of those impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance. Twenty-five percent (25%) of the impact fees shall be paid to the County upon issuance of the building permit. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee deferral to a subsequent OWNER, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance, and the new OWNER must assume and comply with the obligations of the former OWNER(s), otherwise the deferral automatically ceases and the deferred impact fees immediately become due and payable tot he County. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for impact fees waived if the dwelling unit is used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and AGENDa. subordinate to the first mortgage loan to OWNER. ~o. JUN g ? ~000 3 o 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 deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation lien, including, but not limited to, a release of lien. BINDING EFFECT. Agreement and their evidencing the termination of the This Agreement shall be binding upon the parties to this 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 paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees AGEND I paid in full by OWNER within 30 days of said non-compliance. ~ No. OWi~ER agrees that JUN 2,7 2000 4 the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Except as set forth in paragraph 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: P~ t'Name'-~o.'~.. ~- o,, Print Name OWNER: I'h'g",~anc hez- 5 STATE OF 12- i o ,-, clo, ) COUNTY OF (2 o i I t'¢ ;- ) The foregoing instrument was acknowledged before me this . 2000, by Benjamin and Iris Sanchez. They are personally c\c ~er-.~, i~¢~.,,-~o_ (type of identification) as identification. I S +k day of -~ ~:~ ~ , known to me or produced ; ~ RI,~IsoSFJ~M # cc ~7~,~8 1-800-3-NOTARY Fla Notary Services & Boadrag Co Signature of Person Taki..~ Acknowledgment DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney jd/c/impfee/sanchez 6 AGEN I ' ' '- JUN P, 7 ;'_"000 i EXHIBIT 'A' LEGAL DISCRIPTION BENJAMIN AND IRIS SANCHEZ RESIDENCE THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT NO.13, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 JUN B? ~000 I · · ~.'. ' ..'.1 .":. " i'~ "' .. '.~ ...' '. · ' "' '"' ~ ~ I~ '. " .. :......r, ....... ~:..~.:~.' . . . · ~ .~ .. ..... ~ :... . ..'~ '. ...~ .,.~ , RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTItORIZING A 75% DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY BENJAMIN AND IRIS SANCHEZ AT 170 GOLDEN GATE BLVD., IN NAPLES, 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 WttEREAS, Collier County has received funding pursuant to the State Housing Initiatives Parlnership 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, Benjamin and Iris Sanchez is seeking a 75% deferral of impact fees; and WHEI~EAS, Benjamin and Iris Sanchez will construct a three (3) bedroom unit (the "Dwelling Unit") at 170 Golden Gate Blvd., in Naples, Collier County, Florida; which is proposed to sell for One Hundred Four Thousand Nine Hundred and Eight Dollars and 80/100 ($104,908.80), and WHEREAS, the Dwelling Unit will be owned by a low income household, and WHEREAS, Benjamin and Iris Sanchez submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated May 5, 2000 for a 75% deferral of impact fees for the construction of a house at 170 Golden Gate Blvd., Naples, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinancc, Ordinance No. 92-33, as amended; an applicant may obtain a 75% de by qualifying for a deferral; and JUN ? 2000 // Pq .............-_ ..... WHEREAS, Benjamin and Iris Sanchez have qualified for a 75% deferral of impact fees based upon the following representations made by Benjamin and Iris Sanchez: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the D. certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. BOARD OF COUNTY The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 75% deferral of impact fees to Benjamin and Iris Sanchez for one (1) house which shall be constructed at 170 Golden Gate Blvd., Naples, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for deferral signed by Benjamin and Iris Sanchez, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 170 Golden Gate Blvd. Naples, Collier County, Florida by Benjamin and Iris Sanchez: Total Impact Fee 75% Deferral A. Library Impact Fee $ 180.52 $ 135.39 B. Road hnpact Fee 1,825.00 1,368.75 C. Parks Impact Fee: 820.84 615.63 D. EMS Impact Fee 14.00 10.50 E. Educational Facilities System Impact Fee 1,778.00 1,333.50 F. Correctional Facilities Impact Fee 117.98 88.48 Total Impact Fees $ 4,736.34 $3,552.25 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. AGEN .)ll .... -2- JUN 2 7 2000 Based on industry standards the financial industry has demonstrated that a subordination of the County's rights, interests and lien to the first mortgage loan to the O~mer is necessary to obtain financing to purchase the dwelling unit. This Resolution adopted aPter motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: Assistant County Attorney -3- JUN 7 2000 EXHIBIT 'A' LEGAL DISCRIPTION BENJAMIN AND IRIS SANCHEZ RESIDENCE THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT NO. 13, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 72, OF THE PUBLIC RECOl~)S OF COLLIER COUNTY, FLORIDA. -4- t JUN :8 7 200t~ ~5/17/2BB~ ~1:4~ 9414179111 PAGE 83/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3o 31 32 34 35 36 37 38 39 40 RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING A 75% DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY BENJAMIN AND IRIS SANCHEZ AI 170 GOLDEN GATE BLVD,, IN NAPLES. 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, Benjamin and Iris Sm~chez is seeking a 75% deferral of impact fees; and WItEREAS, Benjamin and Iris Sanchez will construct a ttu'ee (3) bedroom unit (the "Dwelling Unit") at 170 Golden Gate Blvd., in Naples, Collier County, Florida; which is proposed to sell for One Hundred Four Thousand Nine Hundred mid Eight Dollars and 80/100 ($104.908.80), and WHEREAS, the Dwelling Unit will be owned by a low income household, and WHEREAS, Benjamin m~d h'is Sanchez submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated May 5, 2000 for a 75% deferral of impact fees for the construction of a house at 170 Golden Gate Blvd.. Naples, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 75% deferral of?~.~ by qualifying for a dcferral; and JUN 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 I WHEREAS, Benjamin and Iris Sanchcz have qualified for a 75% deferral of impact fees 2 based upon the following representations made by Benjamin and Iris Sm~chcz: 3 A. The Dwelling Unit shall be owned by a first-time home buyer. 4 B. The Dwelling Unit shall be owned by a household with a low income level as that 5 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 D. certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: BOARD OF COUNTY The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 75% deferral of impact fees to Benjamin and Iris Sanchez for one (I) house which shall be constructed at 170 Golden Gate Blvd., Naples, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for deferral signed by Benjamin and Iris Sanchez, or other documentation acceptable to the Count}' Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 170 Golden Gate Blvd. Naples, Collier County, Florida by Benjamin and Iris Sanchez: Total Impact Fee 75% Deferral A. Library. Impact Fee B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Correctional Facilities Impact Fee Total Impact Fees 180.52 $ 135.39 1,825.00 1,368.75 820.84 615.63 14.00 10.50 1,778.00 1,333.50 117.98 88.48 $ 4,736.34 :5;3,552.25 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the propert}, owner and/or purchaser and the Count_.~y;.. .......... -2- 1 4. Based on industry standards the financial industry has demonstrated that a 2 subordination of the County's rights, interests and lien to the first mortgage loan to the 3 Owner is necessary to obtain financing to purchase the dwelling unit. 4 5 This Resolution adopted after motion, second and majority vote favoring same. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 DATED: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ TIMOTHY J. CONSTANTINE, CttAIRMAN Approved as to form and legal sufficiency: Assistant County Attorney -3- JUN g 7 7.000 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 EXHIBIT 'A' LEGAL DISCRIPTION BENJAMIN AND IRIS SANCHEZ RESIDENCE THE EAST 75 FEET OF TIlE X~ST 150 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT NO. 13, ACCORDING TO TIlE MAP OR PLAT IHEREOF RECORDED IN PLAT BOOK 7, PAGE 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- PAGE 83/88 IUN g 7 zoo0 Executive Summary FOURTH AMENDMENT TO THE FY2000 TOURISM AGREEMENT APPROVED IN 1999 BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING THE FILM OFFICE OBJECTIVE: To have the Board of County Commissioners accept the fourth amendment to the FY2000 Tourism Development agreement approved in 1999 between Collier County and the Tourism Alliance of Collier County. CONSIDERATION: On June 13, 2000 the Board of County Commissioners approved to move the Film Office and the remaining budget of $32,228.25 from the Tourism Alliance of Collier County to the County's budget. FISCAL IMPACT: Funds are available from the Tourism Alliance Fund. A budget amendment will be required to transfer funds. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the fourth amendment to the FY2000 Tourism Development agreement approved in 1999 between Collier County and the Tourism Alliance of Collier County, approve the associated budget amendment and authorize the Chairman to sign the agreement. Jar}e,E. Eichhom, TDC Coordinator Hctu:~ing and Urban Improvement Date REVIEWED BY: Greg Mih~t~/Director Housing and Urban Improvement APPROVED BY(//zdCZ?(,,(' ~ince~t A. Cautero, AICP Administrator Community Development & Environmental Se~ices Date Date j u N g 7 7_000 FOURTH AMENDMENT TO FY99/00 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING FILM OFFICE THIS FOURTH AMENDMENT TO FY00 TOURISM AGREEMENT, ismade and entered into this day of ,2000, by and between the Tourism Alliance of Collier County, hereinafter collectively referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY and the GRANTEE entered into a 1999 Tourism Agreement dated June 22, 1999 in the amount of One Million, Three Hundred Fifty Thousand No/100 Dollars ($1,350,000); and WHEREAS, the COUNTY and the GRANTEE entered into a 1999 (FY99/00) Tourism Agreement, as amended, to bring the agreement to the amount of One Million, Five Hundred Eighty Two Thousand Eight Hundred Fifty Five No/100 ($1,582,855.00); and WHEREAS, the COUNTY and the GRANTEE entered into a 1999 (FY99/00) amended Tourism Agreement dated June 13, 2000 to decrease the Tourism Alliance agreement in the amount of Thirty Two Thousand Two Hundred Twenty Eight ($32,228.25) for the remaining unpaid invoices to be transferred to the Count~, budget; and WHEREAS, GRANTEE and County now desire that Grantee's budget be amended to reflect the remaining unpaid balance of the FY99/00 for the Film Office to be transferred to the County budget. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: AG EI~D~ No. ,,,. JUN 2 7 2000 1. Section 2 of the Agreement, as amended, shall be deleted in its entirety and replaced with the following language: PAYMENT: The amount to be paid under this Agreement shall be $32,228.25, which is the remaining balance of the FY99/00 budget for the Film Office. The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Manager or his designee. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditures described in the invoices provided that such expenditures is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be' itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced..GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached Exhibit "A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often AGEND~ IT&~ percent (10%) of any line item must be authorized by the County Manager or his designee"°' -k/ed-z~-d JUN 2 7 2000 ~Pg. 2. Exhibit "A" to the First, Second and Third Amendment to the FY99/00 Tourism Agreement shall be deleted in its entirety and replaced with Exhibit "A" attached to this Fourth Amendment to the FY99/00 Tourism Agreement. 3. Except as set forth herein, all of the terms and provisions of the FY99/00 Tourism Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WITNESSES: Printed/Typed Name Printed/Typed Name BY: TIMOTHY J. CONSTANTINE, Chairman GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY Printed/Typed'l~Iame Printed/Typed Title Approved as to form and legal sufficiency as to Collier County Ramiro Manalich Chief Assistant County Attorney EXHIBIT "A" TOURISM ALLIANCE OF COLLIER COUNTY Advertising $ 820,000 Public Relations $ 240,000 Travel Industry Liaison $ 35,000 Fulfillment $ 180,000 Administration $ 75,000 Film Office $ 68,000 Airport Authority $ 77,855 Marco Island Film Festival $ 87,000 *Film Office $ -32,228.25 TOTAL $1,550,626.75 * The balance of the Film Office budget will be transferred to the County budget. JUN 2, ? 2000 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR LEGAL SERVICES RELATEDTO THE GROWTH MANAGEMENT PLAN OBJECTIVE: To obtain Board approval of a budget amendment to fund legal services related to the Growth Management Plan through fiscal year end. CONSIDERATION: The Board previously authorized the hiring of the law firm of Carlton Fields, et al, and in particular, the services of Nancy Linnan, Esq. and Martha Chumbier, Esq. to provide legal services to the County as follows: 1. to provide the County with legal advice in addressing the requirements of the Final Order (AC-99-022) issued by the Administration commission, including the completion of the Rural Agricultural Area Assessment and development of comprehensive plan amendments to address the noncompliance issues identified in the Final Order; and 2. to act as legal counsel for the County in any legal proceedings regarding the challenges to the County's Growth Management Plan; and 3. to represent the County in dealings with the Florida Department of Community Affairs in matters conceming the Final Order and dealing with Growth Management Plan amendments developed in response to the requirements of the Final Order. Legal services through September are estimated at $125,000. FISCAL IMPACT: Funds in the amount of $125,000 from MSTD General Fund Reserves (111) will be transferred to Planning Services, MSTD General Fund (111). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment of $125,000 to fund for legal services related to the Growth Management Plan through September 30, 2000. SUBMITTED BY: .~'~~..-~_----~" Date: ~- · I~OBERT J. MULHERE, AICP, DIRECTO--~ PLANNING SERVICES DEPARTMENT APPROVED BY: ?VINCENT A. CAUTI~RO, AICP, ADMINISTRATOR COMMUNITY DEVELOFMENT AND ENVIRONMENTAL SERVICES DIVISION ,JlJN ~ 7 2000, EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL KENSINGTON PARK PHASE TWO REPLAT" PLAT OF "BLOCK E OBJECTIVE: TO approve for recording the final plat of Block E Kensington Park Phase Two Replat, a subdivision of lands located in Section 13, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Block E Kensington Park Phase Two Replat" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. ~__Engineering Review Section recommends that the final plat of "Block E Kensington Park Phase Two Replat" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. AGEN IT JUN g ? 2000 .! Executive Summary Block E Kensington Park Phase Two Replat Page 2 RECOM~4ENDAT I ON: That the Board of County Commissioners approve the Final Plat of "Block E Kensington Park Phase Two Replat" with the following stipulations: 1. Authorize the recording of the Final Plat of "Block E Kensington Park Phase Two Replat." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R AICP Planning Services Department Director APPROVED BY: Community Dev. and Environmental Svcs. Date Date Date EXECUTIVE SUMMARY ADOPT A RESOLUTION AND APPROVE A DECLARATION OF EASEMENT FOR COUNTY-OWNED PROPERTY LOCATED ON GOLDEN GATE BOULEVARD OBJECTIVE: That the Board of County Commissioners adopt a Resolution, approve a Declaration of Easement and authorize the Chairman to execute the attached Resolution and Declaration of Easement for County-owned property located on Golden Gate Boulevard. CONSIDERATION: A Declaration of Easement has been prepared and approved by the County Attorney's Office which will be recorded in the Public Records of Collier County, Florida. The recorded document will provided notification to all interested parties of the existence of a road right-of-way easement on County-owned property located on Golden Gate Boulevard. Resolution Nos. 96-396, 98-107, 99-288 and 99-289 were approved by the Board of County Commissioners authorizing the acquisition of property necessary to improve Golden Gate Boulevard, from C.R. 951 to Wilson Boulevard. FISCAL IMPACT: Recording costs in the amount of $21.50 shall be paid from Fund 313. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION' That the Board of County Commissioners: (1) Adopt a Resolution, approve a Declaration of Easement and authorize the Chairman to execute the attached Resolution and Declaration of Easement for County-owned property located on Golden Gate Boulevard; and Authorize staff to record all documents necessary in the Public Records of Collier County, Florida in order to obtain clear title to the property. AGENDA ITEM No., Pg._ ToniA. Mott, Supervisor Real Property Management Department DATE: (/~ ~_~ A. Nyankadau Korti, Project Manager Transportation Engineering and Construction Management Department REVIEWED BY~eeff Bibby, P.E., Director Transportation Engineering and Construction Management Department APPROVED BY: Mike McNees, Interim Administrator Transportation Division DATE: AGENDA ITEM " No. p§ 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. 2000 - RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE DECLARATION OF A ROAD RIGHT-OF-WAY EASEMENT. WHEREAS, Collier County is desirous of encumbering property currently owned by Collier County with a road right~of-way easement described as follows, to wit: The South 25 feet of the North 75 feet of Tract 51, less the East 30 feet thereof, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the West 180 feet of Tract 52, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the West 75 feet of Tract 53, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the East 75 feet of the West 150 feet of Tract 53, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, and WHEREAS, the described easement is a necessary element of the Golden Gate Boulevard Expansion Project (Approved by Resolution Number 96-396, 98-107, 99-288 and 99-299); and WHERES, the easement will allow Collier County to proceed with the expansion project in a timely fashion. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners, hereby approves the Declaration of Easement described in Exhibit "A". This Resolution adopted this__ majority vote. day of ,2000, after motion, second and 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to legal form and sufficiency: Robert ~.a cfi'a ry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman AGENDA ITEM No. ~'~ 0-~ _ PROJ~=CT: Golden Gate Boulevard 'PARCEL: 262,264, 266, 267 Collier County DECLARATION OF EASEMENT THIS DECLARATION is made this__ day of , 2000, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant," Declarant is the owner of certain real property situated in Collier County, Florida, more fully described as follows, hereinafter referred to as the "Property." The South 25 feet of the North 75 feet of Tract 51, less the East 30 feet thereof, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99 of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the West 180 feet of Tract 52, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Flodda, The South 25 feet of the North 75 feet of the West 75 feet of Tract 53, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the East 75 feet of the West 150 feet of Tract 53, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the P~ .... ;c Records of Collier County, Florida Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to a non-exclusive easement and privilege to enter upon, construct and maintain road right-of-way, drainage, sidewalk and utility facilities on the Property as contained in this Declaration, hereinafter referred to as the "Easement." The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney AGENDA ITEM PROJECT: Golden Gate Boulevard PARCEL: 262, 264, 266, 267 Collier County DECLARATION OF EASEMENT THIS DECLARATION is made this day of , 2000, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described as follows, hereinafter referred to as the "Property." The South 25 feet of the North 75 feet of Tract 51, less the East 30 feet thereof, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99 of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the West 180 feet of Tract 52, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the West 75 feet of Tract 53, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, The South 25 feet of the North 75 feet of the East 75 feet of the West 150 feet of Tract 53, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to a non-exclusive easement and privilege to enter upon, construct and maintain road right-of-way, drainage, sidewalk and utility facilities on the Property as contained in this Declaration, hereinafter referred to as the "Easement." The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Robert ~acl~ary Assistant County Attorney AGENDA I'~EM No. ~(~'" .~\ -- pg ~ EXECUTIVE SUMMARY REPORT TO THE BOARD ON STAFF AND CONSULTANT FINDINGS AND RECOMMENDATIONS FOR A RIGHT TURN LANE FOR SOUTHBOUND AIRPORT-PULLING ROAD (CR 31) AT DAVIS BOULEVARD (SR 84). OBJECTIVE: To provide the Board of County Commissi~'ners with an update and report of staff and consultant findings and recommendations for the installation of a turn lane at the intersection of Airport Road (CR 31) and Davis Boulevard (SR 84). CONSIDERATIONS: The Board, at its meeting of February 8, 2000, Item 8(B)l, Neighborhood Traffic Management for Estey Avenue and Shadowlawn Drive, directed staff to investigate establishing southbound dual right turn lanes on CR 31 at SR 84 and eliminate the existing right turn lane on CR 31 at Estey Avenue. Staff issued a work order to Pitman-Hartenstein and Associates, Inc. (PHA), to prepare an engineering study. The PHA study reviewed existing data, performed modeling simulations and investigated the following options: An exclusive single right turn lane from CR 31 southbound to SR 84 westbound. Dual exclusive right turn lanes from CR 31 southbound to SR 84 westbound. Extension of the existing exclusive southbound right turn lane on CR 31 north of the Kia Dealership to Terrace Avenue. Planning level construction cost opinions were also provided as part of the study. Transportation Staff requested the Real Property Management Department to prepare cost opinions for the right-of-way that would be necessary to implement the options presented in the PHA Report. Attached is a copy of the Executive Summary of the report prepared by PHA that details their recommendations for improvements (Attachment No. 1) and the staff memo from the Real Property Department providing cost estimates for land acquisition (Attachment No. 2). Staff recommends that the County pursue PHA's recommendation for a single right turn lane for southbound CR 31 at SR 84. The preliminary costs for this work are estimated to be $829,500 for land acquisition and roadway construction. Depending upon the results of further analysis of the Combs Oil Company parcels, there could be business/severance damages on the order of $1,250,000 to $1,500,000. Without benefit of further detailed design effort, it is impossible to determine if an engineering "cure" will be available to mitigate the potential business/severance damages. PHA has provided an estimate of $30,000 for the engineering and surveying fees to perform the analysis leading to a solution for the Combs Oil Company site. In addition to the work at CR 31/SR 84, staff recommends that design work for turn lane improvements at SR 84 and Shadowlawn Drive be included for lengthening of the westbound left turn lane on SR 84 at Shadowlawn Drive. ^GENDA FrEM No, I {_r ~,. :; -;2 Executive Summary Report to the Board on Staff and Consultant Findings and Recommendations Page 2 of 3 The existing xvestbound left turn lane at this location is barely adequate at present and any change to the traffic patterns at the CR 31/SR 84 intersection, which will result in increased queuing of westbound to southbound left turning vehicles into the through lanes of SR 84 will necessitate the added length. Initial staff estimate for this construction is about $60,000. Staff recommends that no action be taken on the removal of the existing right turn lane on CR 31 at Estey Avenue. Multi-lane divided roadways in Collier County are required to have right turn lanes (Ordinance 93-64). New development has been meeting this requirement for some time. Removing the existing right turn lane at Estey Avenue would only serve to further reduce the capacity of the CR 31 corridor. An increase of rear end accidents can also be expected if this turn lane is removed. Staff also recommends no further action on the traffic calming issue of Estey Avenue and Shadoxvlawn Drive at this time. Upon completion of the recommended engineering design, a determination can be made regarding the "cure" for the right-of-way taking. If it is determined that the new turn lane will be constructed, then a detailed study of the traffic patterns can be iinplemented for the Estey Avenue/Shadowlawn area. FISCAl. IMPACT: The estimated total cost of the project, excluding potential business/severance damages, is: Engineering/Surveying (CR31/SR 84 and SR 84/Shadowlawn)$ 35,500 Construction and Land Acquisition at CR 31/SR 84 $829,500 Turn lane lengthening at SR 84/Shadowlawn Drive $ 60,000 Total Estimated Cost$925,000 Funds in the amount of $900,000 have been requested in Fund 313 for FY 01 for this work, pending final Board approval. Funds in the amount of $25,000 have been forecast in Fund 313 for the remainder of FY 00. GROWTH MANAGEMENT IMPACT: Implementation of the new turn lanes will be consistent with the Board's policy of keeping extraneous traffic from intruding on established residential neighborhoods. RECOMMENDATION: That the Board of County Commissioners: a) b) c) direct to staff to issue a Work Order to PHA for the additional engineering and surveying for the final design of a single southbound exclusive right turn lane at CR 31/SR 84 and the lengthening of the westbound exclusive left turn lane at SR 84/Shadowlawn Drive; direct staff to begin acquisition activities for the necessary land required for right-of-way for the CR 31 turn lane; and, authorize staff to provide documentation as may be necessary to carry out the Board's Direction. AGENDA ITEM No. ..... Executive Summary Report to the Board on Staff and Consultant Findings and Recommendations Page 3 of 3 SUBMITTED BY: , ',.'-. . '. Dale A.:B,,athon, P.E., Traffic/Operations Manager REVIEWED BY: Edward~ Kant, PE, Trarisportation Operations Director APPROVED BY: /~ !,"'/ it- '{ ~"~ Midhad A. McNees, Interim Transportation Administrator DATE: ( -!:--' , DATE: DAT~.."/-; AGENDA ITEM No. l(, Intersection Improvements Report for Airport-Pulling Road & Davis Boulevard (S.R. 84) EXECUTIVE SUMMARY The purpose of this Report was to review the right hand turning movement from southbound Airport-Pulling Road to westbound Davis Boulevard. Drivers wishing to make this turn are experiencing undesirable delays due to the lack of a dedicated turn lane. Utilizing existing traffic data, industo' standard roadway design guidelines and Collier County staff input, three options were investigated as possible geometric solutions. The options included (1) providing a single right turn lane from southbound Airport-Pulling Road to westbound Davis Boulevard; (2) dual right turn lanes from southbound Airport-Pulling Road to westbound Davis Boulevard; and (3) a single right turn lane from southbound Airport-Pulling Road to westbound Terrace Avenue. Evaluation of the options identified various geometric turn lane improvement possibilities. The turn lane improvements were then confirn~ed with traffic simulation software. The turn lane improvements were also preliminarily investigated from a right-of-way perspective by the Collier County Real Property Management Department. Additional right-of-way will be needed from the Combs Oil Company and Kia dealership. The option of providing a single right hand turn lane for southbound Airport-Pulling Road to westbound Davis Boulevard is the recommended option. Additional westbound left turn lane improvements at the Shadowlawn Drive/Davis Boulevard intersection, together with traffic calming devices at the Shadowlawn Drive/Estey Avenue intersection, are strongly suggested for consideration as well. The construction of dual right turn lanes at the Davis Boulevard/Airport Road intersection is not justified, and a right turn lane at Terrace Avenue simply does not address the right turn problem adequately. The recommended option, including preliminary land acquisition estimate and a construction cost opinion, is approximately $829,500. This estimate does not include the aforementioned additional improvements. AGENDA iTEM No. 19 Pitman-Hartenstein & Associates, Inc. i P:\9900; 2d0~AdminX, exec:3uni l.w~d Pg Memorandu.m, PREPARED IN ANTICIPATION Of LITIGATION AND REFLECTS A MENTAL IMPRESSION, CONCLUSION, LITIGATION STRATEGY OR LEGAL THEORY OF THE ATTORNEY OR AGENCY AND IS EXEMPT FROM DISCLOSURE AS A PUBLIC RECORD PURSUANT TO SECTION 119'07(n)' FLORIDA STATUT' To: Mr. Edward J. Kant. P.E., Transportation Director'~ / From: Kevin Hendricks, Right-of-Way Design and Valuation Coordinator Real Property Management Department Date: March 20, 2000 Subject: Shadowlawn Drive Traffic Calming Study - Right-of-Way Cost Est'~,fiates My estimate of costs is summarized on the last page. I had previously analyzed the impact of the taking upon the subject properties and prepared an estimate of the cost to acquire enough right-of-way to extend the single turn lane in front of the Kia Dealership (which replaced Direct Rental Car Sales) and to install a dual right turn lane in front of the Combs Oil and Pure Service Station property. The following costs should be considered minimums. Obviously, should we find ourselves in an adversarial posture with the property owners or business proprietors we could be exposed to much higher costs through protracted litigation. Further, these cost minimums are predicated upon my assumption that a cure could be developed which would obviate the need to close the tank farm and clean up the site. KIA DEALERSHIP: $85,000 (all inclusive) COMBS OIL: $620,000 (all inclusive) wl super cure and NO business damages I remind you that none of the eminent domain valuation and business damage evaluation experts would bid this cost estimate on such short notice. it would have involved a coordinated effort between the appraiser, the business damage consultant appraising the value of the business (assuming that business records were made available by the proprietor for inspection), and the civil engineer attempting to design a "cure" to minimize or eliminate the negative impact of the taking. Aa'E;~ DA !~'EM No, ATTACHMENT NO. PAGE OF Memorandum to Edward J. Kant March 20, 2000 Page 2 The following pages address the impact of the taking upon the affected properties. KIA DEALERSHIP: The dealership would lose the entire front row of parking. The taking would include the landscape hedge, the theft prevention post-and-chain fencing, the sign and the flag pole. The cost-to-cure (to avoid severance damages to the real estate) would include relocation or replacement of the sign, flag pole, security barrier and Code landscaping, as well as site re-engineering / parking lot lay-out, and resealing and restriping of the entire parking lot. Land and Improvements: Cost-to-Cure Severance Damages: Business Damages (lost parking) Professional Service Fees $54,35O $22,5OO not eligible $5,5OO Total $85,000 (rounded) COMBS OIL (Bulk Oil Tank Farm): Approximately 3,240 square feet of improved property will be required to construct the turn lanes. Total value (including improvements): $80,500. During my inspection, I was fortunate enough to observe a tractor-trailer tanker filling the underground tanks at the same time a smaller tanker was receiving fuel from the fill island. After studying the way the tanker pulled in and out to fill the underground tanks and leave (westward on Terrace Avenue), and the smaller trucks fill-up at the fill island, I believe it would be possible for the site to be re-engineered so that trucks could pull in from either Davis Boulevard or Terrace Avenue, and proceed right through to the opposite street after delivering or receiving fuel. This would, of course, require the relocation of several buildings on the site, the replacement of fences and gates, the addition of substantial quantities of reinforced concrete driveway and parking areas, and modifications to the fuel fill island and pumping equipment. At the present time, after fuel delivery, the large tankers must back out of the tank farm, forcing a temporaw stoppage of traffic in the right lane on Airport Road, before they proceed west on Terrace Avenue. Anything short of this kind of re-engineering would force the closure of the operation and bring about a business damage claim equivalent to the net operating income of the business (with future y6ars discounted for the time value of money) capitalized at say 10%. While I do not know what the net operating income from the site is, I would anticipate that $150,000 would be conservative. That would put the business damages at between $1,250,000 and $1,500,000 (or more), depending upon the discot. and the actual income. IAT~,~qHt,,,ENT N0."",:1 Real Property Management De_~._ ~:~ent., Phone.' 6~'4-'~'991~.iFax 774-8 ~76 P9 Memorandum to Ed~vard J. Kant March 20, 2000 Page 3 ATTACHMENT NO.'"'- PAGE -' OF ~-t As an alternative, I propose that the above-referenced cure be implemented to avoid business damages. Such curative proposals are referred to as "super cures" in eminent domain litigation. My conservative guess is that $200,000 would cover all of the costs involved (engineering, permitting and construction). The proposed cure, however, would involve the use of the rear of the repair shop parcel for truck movements (ingress and egress to and from the tank farm). This would probably open us up to a claim for severance damages ($97,500) to the repair shop parcel (Lots 29,30 and 31), i.e., without the land to the rear of the existing repair shop the corner parcel is too small to be of interest to the majority of users, thus diminishing its marketability and value. As long as a cure can be found to keep the repair shop operating, however, I believe the severance damage claim to the repair shop parcel associated with implementing the bulk oil plant super cure can kept to a minimum. PURE SERVICE STATION: My estimate of the value of the Land and Improvements required for the turn lanes is $92,000 Unless a cure is developed, the taking will put the repair shop out of buisiness, prompting a business damage claim in the neighborhood of $250,000 to $300,000. To cure this damage and avoid such a claim, I believe we have two options: (1) Option 1: Offer instead to pay them enough money to re-orient the repair bays so that they open to the west (rather than to the east), closing access from Airport Road. My proposed cure involves re-facing the Airport Road frontage, reinstailing the roll-up garage doors to the west side of the building, remodeling the office, and reorienting the business so that it faces west with its primary access from Davis Boulevard. My SWAG estimate of the cost of this cure is $150,000. (2) Option 2: Purchase all of the land and improvements associated with the repair shop. I estimate that the total value of the improvements (less the salvage value of the trade fixtures) is $75,000, plus the value of the land (not required for the tank farm cure) at $260,000. (This may or may not be a viable option, however, depending upon the determination of the "parent tract," i.e., what exactly constitutes the entire repair shop business property? Because Lot 29 and a portion of Lot 30 is being proposed for use by the tank farm, the taking of all the buildings may still be viewed as a partial taking, entitling the proprietor to a business damage claim.) Because of the uncertainties involved with this option it is not included in the cost summary on page one. AGEi~:,'DA No._ 1// Rea/ Property Management Department Phone: 774-8991 Fa ~: 774-88.76. Memorandum to Edward J. Kant March 20, 2000 Page 4 Last week I received several alternate designs from Pitman, Hartenstein and Associates. I have summarized the estimate of costs associated with each below: Single right turn lane in front of both the Kia Dealership and the Combs / Pure Oil tank farm. The Kia costs do not change ($85,000). The impact upon the tank farm and service station / repair shop is nearly as great as the dual right turn option, however. About the only savings is in the amount of land being taken. Instead of $620,000, therefore, my estimate is roughly $535,000. Total costs excluding expert witness and attorney ,fees (and an excessive jury award): $620,000. 2. Single right turn lane in front of Kia Dealership only: $85,000. 3. Dual right turn lane beginning at the mid-point of the Kia Dealership. The costs for this option are identical to the costs estimated for the dual right turn lane in front of the tank farm / repair shop and the single turn lane along the entire frontage of the KIA dealership, i.e., $705,000 Again, Ed, t want to reiterate that I was unable to get any experts to bid this cost estimate in the time allotted by the Board. My estimate of costs is conservative and based upon what I believe is reasonable. Should we find ourselves in an adversarial position with the owners, and they hire an experienced eminent domain attorney, we could easily find ourselves involved in a battle to keep costs below $1,500,000. The Supreme Court overturned the statute that said a condemning authority could acquire the entire parcel if doing so was cheaper than incurring business damages through a partial taking. The court said that a condemning authority must have a public purpose (rather than saving money) for all the land they seek to acquire (e.g., a water retention area). Regardless of how many turn lanes you put on Airport Road, you could probably keep the majority of traffic out of the Shadowlawn Drive neighborhood (north of Davis Boulevard) by making Estey Avenue a one way street (eastbound) and putting one of those "circle things" in the middle of the intersection of Terrace Avenue and Shadowlawn Drive. AGENDA ITEM No. I.,:{,~ ffj,.-tz., pg. ~.~' Real Property Management Department Phone: 774-8991 Fax.' 774-8876 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 13 TO THE PROFESSIONAL AGREEMENT WITH HOLE MONTES & ASSOCIATES, INC. IMMOK~LEE ROAD PHASE II (I-75 - CR 951), PROJECT # 69101. SERVICES FOR THE OBJECTIVE: That the Board of County Commissioners approve Amendment No. 13 to the subject Agreement to provide for additional Professional Engineering services in the amount of $39,545.00 for design of sidewalk relocation further away from the edge of pavement. CONSIDERATIONS: Collier County entered into an Agreement dated May 21, 1991 for the four-lane and ultimate six-lane build-out improvements of Immokalee Road from 1-75 to CR- 951. Supplemental Agreement No. 13 is to relocate the proposed sidewalk south of the right-of- way line to provide for safer conditions for the pedestrians. .,~.~.,~ FISCAL IMPACT: Funds in the amount of $39,545 will come from the Gas Tax supported Transportation Capital Fund. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, approve Amendment No. 13 to the subject agreement to proceed with completing the Immokalee Road widening project. SUBMITTED BY: Michael Marquis, P.E., ProjeCt Manago(" TE&CM DATE: REVIEWED BY: ,.~,,~' -- ...) . -- ' ' ~?.-- c7,'7 3etf Bibby, P.E., Dir~ator TE&CM REVIEWED BY:' ' . , 7,/?. · (./., /,.,, ,:¢ --- Edward J. Kant, P.E. Transportation Services Director APPROVED BY: Mike McNecs Interim Transportation Administrator DATE: DATE: Project 69101 S/A No. 13 IMMOKALEE ROAD DESIGN PROJECT AMENDMENT NO. 13 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 13 to the Agreement (hereinafter referred to as the "AGREEMENT") is made and entered into this ~ day of , _2..000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Hole Montes & Associates, Inc,, authorized to do business in the State of Florida, whose business address is 715 Tenth Street South, Naples, Florida 34102 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, COUNTY and CONSULTANT currently have a valid professional services agreement for the provision of professional services for Immokalee Road Phase II (1-75 - CR 951) the COUNTY desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide design services for Sidewalk Relocation, said services more fully described in said Amendments thereto; and WHEREAS, COUNTY and CONSULTANT agree the addition for Immokalee Rodtd Phase II (I-75 - CR 951) Sidewalk Relocation, to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professionaI services that will be required for completion of the project. NOW, THEREFORE, in consideration contained herein, parties agree as follows: Page I of 3 of the mutual covenants and provisions AG'EN~A ITEM "- 2000 Project 6910~ S/A No~ 13 ARTICLE ONE CONSULTANT shall provide to COUNTY Professional Engineering services in accordance with Exhibit "A" of this Amendment; as attached hereto. COUNTY agrees to compensate CONSULTANT for services rendered hereunder as prescribed in "Man-Hour & Cost Summary", as outlined in said AGREEMENT. Contract fee adjustments: 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 ! 3.10 3.11 3. I2 3.I3 3.14 Original maximum contract fee = $150,000.00 S/A No. I = $ 299,756.53 S/A No. 2 = $ 25,921.62 S/A No. 3 = $ 35,900.00 S/A No. 4 = $ 181,945.00 S/A No. 5 = $ 66,766.00 S/A No. 6 = $ 4,400.00 S/A No. 7 = $ 18,220.00 S/A No. 8 = $ 46,660.00 S/A No. 9 = $ 33,605.00 S/A No. 10 = $ 69,700.00 S/A No. I I = $ I5,180.00 S/A No. 12 = $ 4,935.00 This S/A No. 13 ~ 3954~.~5.00 Current Contract Fee = $ 992,534.15 AGENDAJTEM Page 2 of 3 NO-[~' C~'.'.>'~_ J u 2 7 Project 69101 S/A No. 13 3 The schedule for said PROJECT for Professional Engineering Services for Immokalee Road Phase II (1-75 - CR 951) Sidewalk Relocation, shall be completed in 45 calendar days from the Notice-to-Proceed (NTP). The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Sidewalk Relocation Design the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIRR COUNTY, FLORIDA, A POLITICAL SUBDMSION OF TIlE STATE OF FLORIDA By: Dwight E. Brock, Clerk By: Approved as to form and legal sufficiency:. Atto *y ! Hole Montes & Associates, Inc. Sr. Vice-Pres'~ Page 3 of 3 No._tO, SCOPE OF SEllVICES, Exhibit "A" IMMOKALEE ROAD - PItASE II COLLIER COUNTY PROJECT NO. 69101 HM&A Project No. 89.990 May 15, 2000 Task 17.11 SIDEWALK RELOCATION The CONSULTANT shall furnish professional design services to provide design changes to the sidewalk between Stations 101+00 and 180+00. The design changes shall consist of plan changes to sheets 24 thru 30 and cross-section changes to sheets 62 thru 83. The CONSULTANT shall obtain existing topography from the R/W line south 50' within the project limits of Sta. 101+00 and Sta. 180+00. The CONSULTANT shall provide construction plans to relocate the six (6') foot sidewalk to meander between the curb line at driveways and entrances to 15' south of the R/W line within the project limits. Revised sidewalk locations will be generally as indicated on preliminary plans by Vanasse & Daylor, LLP dated April 14, 2000. The CONSULTANT shall locate the sidewalk on the roadway side of the wall between Stations 126+05+ and 131+30+. The CONSULTANT shall set sidewalk longitudinal and transverse slopes to meet Americans with Disabilities Act (ADA) requirements. Other obstacles such as fence, drainfield and trees shall be addressed during design with potential selective tree removal, drainfield removal and fence relocation. The CONSULTANT shall set the sidewalk location at Station 166+00_+ within the 15' permanent easement. A drainfield is presently located adjacent to the right of way. The design of pumping facilities to the existing force main and related construction plans is included within Task 17.11 H. The CONSULTANT shall provide an intersection detail right of Station 167+22 to show elevations, curbing and drainage to complete the sidewalk relocation plans. Go Permanent easements (15' wide) abutting the south R/W line will be provided by adjacent property owners for the construction and maintenance of the area between the sidewalk and curb line. Legal descriptions and sketches for the permanent easements will be provided by the County. AGENDA ITEM No, Page l of 2 % SCOPE OF SERVICES, Exhibit "A" HM&A PROJECT NO. 89.990 DATED: MAY 15, 2000 PAGE TWO. Fo Go The CONSULTANT shall identify areas required for Temporary Construction Easements necessary to construct the earthwork, sidewalk and vegetative cover of offsite work. Legal descriptions and sketches for temporary construction easements will be provided by the County. The CONSULTANT shall provide calculations for additional embankment, sodding and other related pay items with an Engineer's Opinion of Probable Construction Cost and a summary of pay items and quantities for use in obtaining the Contractor's cost. The Engineer's Opinion of Probable Construction Cost will be based upon current contract unit prices. The CONSULTANT shall coordinate with SFWMD and submit a letter modification to reflect the change in pervious and impervious areas contributing to this project. The CONSULTANT shall submit the permit fee to the SFWMD with the letter modification and the COUNTY will reimburse the CONSULTANT for the permit fee amount plus ten percent. (Current SFWMD permit fee for this application is $100.00). The CONSULTANT shall provide the COUNTY with final plans and on a CD in AutoCAD electronic format upon approval of the above named design changes to the sidewalk. Two (2) signed and sealed sets of plans on (11" x IT') sheets and one (1) set of specifications shall also be 'provided for the final submittal. The CONSULTANT shall provide the COUNTY with construction plans to remove the existing drainfield, grade and resod the drainfield area and a package grinder station with connection to the existing on site force main. The COUNTY will provide plans of the existing facilities. A General Permit application shall be submitted to FDEP with the required permit fee by the CONSULTANT. The COUNTY will reimburse the CONSULTANT for the permit fee amount plus ten percent of the permit fee. (Current FDEP permit fee for this application is $250.00). AGENDA ITEM No, \~ALR_FMY~WP\1989\1989099\WWK\O\Scope of Services 5-11-00.doc Page 2 of 2 Hole, Montes & Associates, Inc. Professional Fee Schedule Date: May 15, 2000 Submitted to: Collier County PWED for S/A No. 13 County Project No. 69101 P.O. No. 802771 Principal Engineer VI ............................................................................................$ Environmental Engineer V ....................................................................................$ Environmental Engineer IV ..................................................................................$ Environmental Engineer llI ...................................................................................$ Environmental Engineer II ....................................................................................$ Environmental Engineer I .....................................................................................$ Environmental Operations Specialist ....................................................................$ Civil Engineer V ...................................................................................................$ Civil Engineer IV ..................................................................................................$ Civil Engineer llI ..................................................................................................$ Civil Engineer 11 ....................................................................................................$ 135.00 per hour 125.00 per hour 105.00 per hour 90.00 per hour 75.00 per hour 60.00 per hour 70.00 per hour 110.00 per hour 95.00 per hour 85.00 per hour 75.00 per hour Civil Engineer I ..............' .......................................................................................$ 60.00 per hour Aviation Engineer .....................................................................$120.00 per hour Engineer Tech V ...................................................................................................$ 70.00 per hour Engineer Tech IV ..................................................................................................$ 65.00 per hour Engineer Tech III ..................................................................................................$ 60.00 per hour Engineer Tech II ....................................................................................................$ 55.00 per hour Engineer Tech I .....................................................................................................$ 45.00 per hour Contract Administrator (P.E.) ...............................................................................$ 85.00 per hour Contract Administrator .........................................................................................$ 70.00 per hour Construction Field Representative IV ...................................................................$ 65.00 per hour Construction Field Representative [I/ ...................................................................$ 55.00 per hour Construction Field Representative II ....................................................................$ 45.00 per hour Construction Field Representative I ......................................................................$ 35.00 per hour Senior Planner .......................................................................................................$105.00 per hour Planner ..................................................................................................................$ 70.00 per hour Surveyor V ............................................................................................................$100.00 per hour Surveyor IV ...........................................................................................................$ 85.00 per hour Surveyor 1~/ ...........................................................................................................$ 65.00 per hour Survey Tech IV .....................................................................................................$ 55.00 per hour Survey Tech 1I[ ......................................................................................................$ 50.00 per hour Survey Tech H .......................................................................................................$ 45.00 per hour Survey Tech I ........................................................................................................$ 40.00 per hour 2 Man Survey Crew ..............................................................................................$ 85.00 per hour 3 Man Survey Crew ..............................................................................................$100.00 per hour GPS Operator ........................................................................................................$ 65.00 per hour Technician IV ........................................................................................................$ 45.00 per hour Technician 1II ........................................................................................................$ 40.00 per hour Technician II .........................................................................................................$ 35.00 per hour Technician I ................................................................................$ 30.00 per hour AGENDA ITEM Subcontractors ...................................................N...°.'...!..¢..~..~. .....:._-.. .......................Cost + 10% Out-Of-Pocket Expenses ...........................,; ,.,, Z 7' ,'-;,;?:'~Cost + 10% Mileage ................................................................................................................$ .30 per mile \LtkLR_FM Y~WP\1989\1989099XSA 13FeeSched-doc[ Pg' ~'~ AGEN DA_LTEM No. \~ ~-)~ Pg oo o1~ o EXECUTIVE SUMMARY Metropolitan Planning Organization (MPO) Budget for Grant Year 2000-01 Objective: To establish the MPO's 2000-01 operating budget for the grant year which commences July 1, 2000 Considerations: This request is consistent with the MPO's Unified Planning Work Program adopted May 9, 2000, and amended June 23, 2000. There is a local match required only on the funds to be used for the purchase of a Public Transportation Operation Plan. Fiscal Impact: None. Growth Management Impact: None Recommendation: Staff recommends the Board approve the Budget Amendment request establishing the MPO program for FY 2000-01. Prepared by: 2z~~ ~ Gavin Jones, P.E., Integra Transportation Planning Director Approved by: ...' t' l~' 9(~. 4) ?.... Michael McNees, Interim Administrator Transportation Division Date: ~-~-d)O Date AGENDA ITEM No. "'?" " Planning Services Department/MPO Section Metro Planning - MPO (126) Goals: To perform the Metropolitan Planning Organization functions in Collier County as mandated by Federal, State, and local laws. (Federal Law: Title 23 U.S.C.; Federal Regulations: Title 23 CFR Part 450, Subpart C, and 23 CFR Part 500, Subpart E; Fl. Statute. Ch. 339.175 and Ch. 427.015). To perform transportation management functions in Collier County. As mandated by Federal, State, and local laws (49 CFR Parts 27, 37, 38, and 29; and Florida Statutes 316,318,322, and 427.015). % of % of Total Programs: MPO Program Management/Technical Support Administrative and management services including supervisory technical support services for entire MPO Grant Program and Public Transportation Operations. FTE's Personnel FY 01 Cost Dollars 1.0 20.0% $92,100 7.4% Capital Equipment Purchases Computers, software. N/A N/A $1,800 0.1% MPO Professional/Technical Support Services Technical and professional planning services to related to _computerized traffic modeling, highway capacity analysis and concurrency analysis. 1.0 20.0% $69,300 5.6% MPO Professional Plannin~ Services Professional planning services related to GIS data development, Growth Management Plan, Trans- portation Element development, Public Involvement, and Scenic Highways Program. 1.0 20.0% $60,900 4.9% MPO Bicycle/Pedestrian Planning Services Professional planning services related to planning and implementation of the County's Bicycle and Pedestrian Pathway Program. 1.0 20.0% $54,500 4.4% Plannin~ Consultant Services Purchase of planning consultant services related to the Long Range Transportation Plan Update, the lmmokalee Area Mobility Study, the Golden Gate Estates Traffic Circulation Study, the Build Out Network, the Level of Service C Network, and a Public Transportation Operation Plan. Public Transportation Management Services Act as the Community Transportation Coordinator for Transportation Disadvantaged (TD) Service. Manages the contract with the management entity for TD Services, and the contract with the provider of deviated fixed route transit service. Manages the county vanpool program and Commuter Assistance Program. N/A N/A $470,200 30.0% 1.0 20.0% $84,400 6.8% Public Transportation Capital Equipment Purchases Buses, bus stops, transfer station. N/A N/A $511,600 40.8% Grand Total 5.0 100.0% 100.0% $1,344,600 A'GENSA I~'EM' No. I~ t%(_,~ J'J:; 2 7 Planning Services Department/MPO Section (Cont.) Metro Planning - MPO (126) Performance Measures Actual FY 99 Forecast FY 00 Budget FY 01 1. Act as clearing house for bicycle/pedestrian 500 500 500 public comment % of comments forwarded to appropriate City, 100% 100% 100% County or State agency for follow-up within 3 working days 2. Develop long-range Transportation forecast and 1 I 1 Unified Plan Work Program on Annual Basis % of work program completed annually 100% 100% 100% 3. Number of Site Plans, Preliminary Plats & DRI's 150 200 175 reviewed for consistency with Pathway Improvement Plan. % reviewed within 5 working days 100% 100% 95% This budget does not coincide with Collier County's fiscal year and is given for iljustrative purposes only. The budget is presented to and is approved by the BCC through the budget amendment process. Current FY 00/01 - Total appropriations in FY 01 are estimated at $1,248,600. A new position for a Public Transportation Manager accounts for the increase in Personal Services. Operating Expenses include $396,700 for contractual services to be used for the lmmokalee Area Mobility Study, the Golden Gate Estates Traffic Circulation Study, the Build Out Network, the Level of Service C Network, and a Public Transportation Operation Plan. Capital expenditures include $511,400 for the purchase of buses to establish a Public Transportation System. Revenue FY 00/01 - Revenue includes a $595,800 Federal grant to establish a transit service. Appropriation Unit FY 98/99 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 % Actual Adopted Forecast Current Expanded Total Budget Exp/Rev Budget Exp/Rev Service Service Budget Change Personal Services $ 136,351 $ 208,300 $ 202,600 $ 292,400 $ $ 292,400 140.4% Operating Expenses $ 93,853 $ 267,100 $ 161,500 $ 539,000 $ $ 539,000 201.8% CapitaiOutlay i $ 17,481 $ 11,100 $ 11,600 $ 513,200 $ $ 513,200 4623.4% Remittance To Other $ - $ $ $ $ $ Reserve $ $ $ $ $ $ TotalAppropriations $ 247,685 $ 486,500 $ 375,700 $ 1,344,600 $ $ 1,344,600 276.4% Revenues Federal Transit Admin Sec 5303 Grant$ Federal MPO Planning Grant $ Federal Transit Admin Sec 5307 Grant$ Naples Share of Sec 5303 $ Marco Is. Share of Sec 5303 $ County Share (111 ) of Sec 5303 $ Total Revenue Permanent Positions $ $ 66,500$ 101,700$ $ 101,700#DIV/0! 242,580 $ 480,700$ 306,700$ 635,800$ $ 635,800132.3% $ $ $ 595,800$ $ 595,800 1,917 $ 1,400$ 600$ 2,800$$ 2,800200.0% $ 700$ 300$ 1,400$$ 1,400200.0% $ 3,700$ 1,600$ 7,100$$ 7,100191.9% $ 244,496 $ 486,500 $ 375,700 $ 1,344,600 $$ 1,344,600276.4% 4 4 5 0 5 AGENDA ITEM No~ \~ ~t~ Planning Services Misc. Grants - MPO (126) Goals: To perform miscellaneous grant related transportation planning functions in Collier County that are part of the MPO's responsibilities. Mandated by Chapter 427 of the Florida Statutes. % of Total Dollars % of Programs: FTE's Personnel FY 01 Cost Transportation Disadvantaged (TD) Services N/A N/A $1,680,000 100.0% Grant Purchase transportation services for the elderly, handicapped, and economically disadvantaged in support of the state TD-grant Program: Grand Total N/A ' N/A $1,680,000 This is funding to provide financial assistance for transportation services for the disadvantaged. 100.0% Actual Adopted Forecast Current Expanded Total Budget Appropriation Unit Exp/Rev Budget Exp/Rev Service Service Budget Change Pe['s6nal Services 0 0 0 0 0 0 N/A Operating Expenses 562,721 482,000 840,300 1,680,000 0 1,680,000 248.5% Capital Outlay 0 0 0 0 0 0 N/A Remittance to Other 0 0 0 0 0 0 N/A Reserves 0 0 0 0 0 0 N/A Total Appropriations 562,721 482,000 840,300 1,680,000 0 1,680,000 248.5% Revenue: Contribution (001) 307,000 482,000 482,000 544,000 0 544,000 12.9% Grants 232,146 0 358,300 1,136,000 0 1,136,000 N/A Carry Forward Grants 0 0 0 0 0 0 N/A Total Revenue 539,146 482,000 840,300 1,680,000 0 1,680,000 248.5% Permanent Positions 0 0 0 0 0 0 N/A Note: The $544,000 requested from the General Fund includes $480,600 for the County participation to pay for trips, $35,800 for a 10% match for the Transportation Department Grant and $27,600 for a vehicle match of 10%. ;AGENDA ITEM No. _. I EXECUTIVE SUMMARY APPROVE'AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOLE MONTES & ASSOCIATES, INC. FOR LIVINGSTON ROAD NORTH FOUR LANING MSTU, PROJECT # 65041. OBJECTIVE: That the Board of County Commissioners approve Amendment No. 10 to the subject Agreement to provide for additional engineering services in the amount of $515,315.00 for Design Services for the Four-Lane Design of Livingston Road from Immokalee Road to the Lee/Collier County line. CONSIDERATIONS: On September 8, 1987 the Board approved the Professional Services Agreement with Hole Montes and Associates, Inc. for water distribution facilities and highway improvements within the North Naples Roadway Municipal Services Taxing and Benefit Unit (MSTU) the Livingston Road from Immokalee Road to the Lee/Collier County line. Livingston Road bet~veen Immokalee Road and the Lee/Collier line is financed and being constructed by Long Bay Partners, LLC (LBP), pursuant to a Board approved Developer Contribution Agreement (DCA) dated February 17, 1998 (as amended thereafter). This Amendment No. 10 is to provide design and permitting services necessary to widen the roadway to a 4-lane divided urban roadway. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of ~'X-$515,315 from District 1 Impact Fee Reserves and appropriate these funds in the project. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, approve Amendment No. 10 to the subject agreement for the Four-Lane Design of Livingston Road from Immokalee Road to the Lee/Collier County line, and approve the necessary budget amendment. --- AGENDA ITEM No. Page 1 of 2 , SUBMITTED BY: Michael Marquis, P.E.Tf~ Manager TE&CM /~' ~ /I t/ / REVIEWED BY: /~---N 03/ JeffBibby, P.E., Director TE&CM ~dwara ~. K~ ~. Transpo~atio~e~ices Director APPROVED BY: Mike McNees Interim Transportation Administrator DATE: DATE:~- I~" o DATE: ~. /?~ 74,', Page 2 of 2 AGENDA ITEM No. lLz fS-'l LMNGSTON ROAD DESIGN PROJECT AMENDMENT NO. 10 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 10 to the Agreement dated September 8, 1987 (hereinafter referred to as the "AGREEMENT") is made and entered into this day of _, 2000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Hole Montes & Associates, Inc., authorized to do business in the State of Florida, whose business address is 715 Tenth Street South, Naples, Florida 34102 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the DESIGN OF LIV/NGSTON ROAD NORTH (from Immokalee Road to the Lee County Line), (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT and Amendments thereto; and WHEREAS, OWNER and CONSULTANT agree the addition of Livingston Road 4-Lane Design (from Immokalee Road to the Lee County Line) to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSUI~TANT represents th,at he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: AGEN A ITEM No. , ] ARTICLE ONE I. 1 CONSULTANT shall provide to OWNER Professional Engineering, Surveying, and Environmental services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Exhibit A of this Amendment; as auaehed hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Exhibit B, entitled "Exhibit B Fees" For Basic Services and Consultant's Estimate of Additional Services, as outlined in said AGREEMENT with the modifications to Exhibit A to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said PROJECT for Professional Engineering Services for the 4- Lane Design of Livingston Road (from Immokalee Road to the Lee County [me) shall be completed in 210 calendar days from the Notice-to-Proceed (NTP). 4.1 ARTICLE FOUR The AGREEMENT, as mended, shall remain in full force and effect. ' AGENDA J.TEM' No~ ~ ~',~'~ IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Livingston Road North Design the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk By:. Approved as to form and legal sufficiency: Witness Hole Montes & Associates, Inc. By: , Robert L. MmTay,,~., Sr. Vice-Preside~t("' (CORPORATE SEAL) EXHIBIT A SCOPE OF SERVICES SUPPLEMENTAL AGREEMENT (S/A) NO. 10 LIVINGSTON ROAD NORTH PROJECT C.R. 846 to LEE COUNTY LINE FOUR LANING NORTH-SOUTH ALIGNMENT COLLIER COUNTY PROJECT NO. 65041 85.31 5/4/00 SECTION 1.00 - GENERAL SCOPE STATEMENT The CONSULTANT shall provide and perform the following professional services that shall constitute the GENERAL SCOPE of the services under the covenants, terms and provisions of the original CONSULTANT ENGINEERING SERVICES AGREEMENT and SUPPLEMENTAL AGREEMENTS thereto. The CONSULTANT shall perform professional engineering services to provide contract plans and construction documents for the four laning of Livingston Road from Immokalee Road to the Lee/Collier County line, the extension of W illowick Drive to Livingston Road and for the relocation of the Piper Boulevard. Four lane Livingston Road shall be an urban typical section and the design shall include plans and specifications in accordance with current design and construction standards set forth by Collier County and the FDOT. The relocated portion of Piper Boulevard and Willowick Drive extension shall be two lane urban collector roads in accordance with criteria set forth above for Livingston Road. This scope of sen,ices encompasses roadway, permitting and permit modification, plan preparation, contract documents preparation and associated work for the entire north-south aligmnent of Livingston Road (approximately 3.25 miles). The plans and specifications shall be prepared for one (1) construction contract and shall include the relocation of Piper Boulevard (approximately 1000 feet) and the extension of Willowick Drive (approximately 500 feet) to Livingston Road. The project shall include plans for widening of the existing bridge at Immokalee Road to provide a minimum of three northbound lanes and plans for a new bridge crossing the Cocohatchee Canal at Immokalee Road which will provide for a maximum of six lanes (two southbound left turn lanes, three southbound through lanes and one southbound right mm lane) and a sidewalk. The final design will be initiated immediately upon receipt of a notice to proceed (NTP). In addition, the following criteria/parameters will be incorporated into the project. Page AI of A14 W51985\1985031 \N S4LaneScope\SCOPE0504FourLaneNS doc The north/south roadway from C.R. 846 to the Lee/Collier County Line shall be designed to accommodate the ultimate build-out of a six-lane divided, urban roadway. The plans prepared under this project for four laning Livingston Road shall reflect the construction of two additional lanes which shall generally include the southbound lanes from Sta. 230+00 to Sta. 250+64 and the northbound lanes from Sta. 242+32 to Sta. 400+47. The Piper Boulevard relocation will generally begin at existing Piper Boulevard near the existing County master pumping station and extend northward a distance of approximately 750 feet where it will connect to Livingston Road opposite the existing Carlton Lakes Boulevard. It is contemplated that the relocation of Piper Boulevard will be constructe, !~n l~[q~il,l~i .... acquired by Collier County. No. I(e ~--I. - 85.31 5/4/00 4. The Willowick Drive extension to Livingston Road will begin at its current eastern terminus and extend easterly, directly to Livingston Road. The western end of Willowick Drive within the Turnberry subdivision will terminate in a cul de sac to be designed within the scope of this project. The services and administration necessary to provide any subdivision replatting resulting from the revision to Willowick Drive will be provided by the County. 5. It is contemplated that the intersection of Livingston Road and Immokalee Road will become a major arterial intersection and it is our understanding that the segment of Livingston Road south of hnmokalee Road is currently under design by others. It is also our understanding that the County will begin the six laning design of Immokalee Road from U.S. 41 to 1-75 during the upcoming year. In order to coordinate alignments of the intersection approaches, a preliminary intersection alignment plan for the ultimate build-out of the intersection shall be provided as part of the scope of this project. 6. In conjunction with the upcoming six laning design project for Immokalee Road from U.S. 41 to 1-75, the County will provide to the Consultant for the Livingston Road four laning project, aerial photography, planimetric mapping and/or topographic surveys and 100 foot interval cross sections along Immokalee Road for a length of up to 1000 feet each way from the Livingston Road intersection. 7. An access management plan for the north/south Livingston roadway from Immokalee Road to the Lee County line shall be provided under the scope of this project and will be developed in accordance with Collier County Access Classifications and Design Standards for an Access Class 3 roadway. 8. Median landscaping designs for the roadway, if any, will be provided by others. 9. A continuous street lighting system will be provided for the entire north/south roadway. 10. Stormwater facilities for water quality and quantity have been provided in the initial two lane design of the north/south Livingston Road. Treatment volumes in the initial design were sized to accommodate the ultimate six laning of the roadway. Additional stormwater treatment and attenuation facilities shall be provided for the relocation of Piper Boulevard and the Willowick Drive extension. 11. The right-of-way for the north/south roadway was established during the design of the initial two lane project and a right-of-way map was prepared and provided to the County by this Consultant. Additional right-of-way along the north/south alignment is not anticipated. 12. It is anticipated that the current Army Corps of Engineers (ACOE) and South Florida Water Management District (SFWMD) permits will require modification. In addition to the four laning of Livingston Road, the Piper Boulevard relocation, the widening of the existing northbound bridge crossing the Cocohatchee Canal and the new southbound bridge (maximum six lanes) crossing the Cocohatchee Canal will be part of the permit modification. In addition, a right-of-way permit for the northbound bridge widening and new southbound bridge will be required from the SFWMD (Big Cypress Basin). 13. Future connections to the roadway from off-site properties will be designed by others. 14. The design of architectural treatments for the widened northbound bridge and the new southbound bridge will be provided by others. 15. Ownership and encumbrance reports/title commitment reports necessary for the preparation of legal descriptions and sketches for right-of-way takings for the Piper Boulevard relocation and/or the Willowick Drive extension will be provided by the County. . AGENDA ITEM SECTION 2.00 - TASKS AND BASIC SERVICES Task Index No. t (-'r ~-~ Page A2 oral4 w:\ 1985\ 1985031 \NS4LaneScope~SCOPE0504 Fou rLancNS.doc 85.31 5/4/00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 Roadway and Bridge Plans Utility Relocation Plans Utility Plans (County Owned Utilities) Legal Descriptions and Sketches Signalization and Street Lighting Plans Signing and Pavement Marking Plans Buffer/Landscape Concept Plans (NOT USED) Operational Permits Railroad Crossing Agreement and Technical Coordination (NOT USED) Agency Permit Requirements and Coordination Design Surveys Coordination Meetings/Review of Designs by Others Final Bidding and Contract Documents (100%) Geotechnical/Environmental Audit Services Additional Construction Contract Phasing (Contingent Task)(NOT USED) Bidding Phase Services (Contingent Task) Construction Phase Services (Contingent Task)(Services TBD) TASK 1.00 - ROADWAY AND BRIDGE PLANS The CONSULTANT shall furnish design services to design the project and revise/update existing two lane roadway construction plans and specifications to reflect a four lane design as indicated in the preceding general scope statement. Reference is made to the U.S. Army Corps of Engineers Permit, dated December 1995, as modified in October 1999 and the South Florida Water Management District Permit dated September 1995, as modified in January 2000. Plans will comply with the 1994 FDOT Roadway and Traffic Design Standards (English Version) and current Collier County Standards. Each drawing of the final submittal shall be signed by the appropriate Professional Engineer for the type of work depictrid on the drawings. Each submittal shall be delivered with a transmittal letter signed by the CONSULTANT'S Project Manager stating that the submittal package is complete. Work will not proceed on the next submittal until written review comments from the COUNTY have been given to the CONSULTANT and modifications reflecting those comments have been made by the CONSULTANT to the plans. The CONSULTANT shall participate in an initial project meeting with the COUNTY and others within thirty (30) days of the CONSULTANT'S receipt of the notice to proceed and project review meetings will be held at the 30%, 60%, 90% and 100% submittal stages. In addition, project coordination meetings will be held approximately twice a month. The CONSULTANT shall prepare written minutes of all review/coordination meetings unless otherwise waived by the COUNTY. Task 1.01A Project Initiation - Preliminary_ Design The preliminary design shall consist of the development of the four lane urban typical section and design parameters, preliminary roadway design and drainage analysis, an access management plan for the divided four lane roadway, development of the intersection configuration for the Livingston Road/Immokalee ~,oad inl;~r~ection .... AGENDA ITEM Page A3 of^J4 NO, W:\1985\198503 l\NS4LaneScope\SCOPEO504FourLaneNS.doc ! ~, · 85.31 5/4/00 conceptual bridge plans (bridge development report) for the widening or replacement of the northbound bridge and the new southbound bridge and the alignment of the Piper Boulevard relocation. Any additional stormwater and environmental permitting requirements shall be determined during the preliminary design. A preliminary design report which will address these topics and provide recommendations will be prepared and submitted. Task 1.0lB Traffic Data and Geometric Concepts The CONSULTANT shall obtain and review the traffic data needed to design the project. The Consultant shall forecast future traffic demands for the Livingston Road Corridor and for the intersection of Immokalee Road at Livingston Road. Future background traffic demands will be established for the years 2005, 2010 and 2020 by utilizing historical traffic data, established growth trends and modeling data on file with Collier County, FDOT and SWFRPC. Design volumes will be based on K100, directional distribution and truck volume adjustments. This information will be utilized in order to establish proper lane configurations, signal timings, turn lane needs, etc. Task 1.0lB(I) Traffic Data Collection This task includes the work and responsibilities required in connection with the project's transportation planning, analysis and design for the future construction of Livingston Road Corridor and Immokalee Road/Livingston Road intersection improvements. The Consultant shall perform those traffic engineering services required for the appropriate design of the project. The Consultant will locate and use the most current authoritative reports that provide qualitative data that can further define the various elements for the study area. The following reports are considered principal report data sources: Collier County Transportation Study 2020 Plan, Collier County Comprehensive Plan, the Southwest Florida Regional Planning Council- DRI [] s Information Base, and Tindale-Oliver' Northern Livingston Road Corridor Traffic Study. The Consultant shall further familiarize themselves with the study area by making location visits and performing turning movement counts at the intersection of Immokalee Road and Livingston Road. This task also includes gathering data on pertinent corridor physical features and conditions. Task 1.01B(2) Future Traffic Demands Task 1.0lB(3) The future traffic demands and needs will be established by the Consultant based on sound forecasting principals. Design recommendations will be based on design volume to capacity ratios based on a post five-year, ten-year, and twenty-year design for both roadway links and intersections. The traffic demands will be utilized in order to develop turn lane needs and traffic control devices for Livingston Road Corridor and the intersection of Immokalee Road at Livingston Road. The recommendations will be analyzed, evaluated and documented in an engineerin. i'Cl)tj~t(~EN DA LTEM No. /(.t' C%- I _ Access Management Plan Page A4 of A 14 W:\ 1985\ 1985031 \N S4 LaneScope\SCOPE0504FourLaneNS.doc Pg. 85.31 5/4/00 The Consultant will evaluate all existing and proposed access points along the corridor in order to develop an overall access management plan. The purpose of this task is to establish a safe means of ingress and egress to the corridor from adjacent properties and intersecting side streets without compromising it's potential capacity. An exhibit will be developed in order to present the information in a public forum. Task 1.01 B(4) Preliminary Traffic Engineering Report The information amassed shall be submitted in a Preliminary Traffic Engineering Report. This is to be a technical report developed using the scientific method which will depict the various design recommendations. Task 1.0lB(5) Final Traffic Engineering Report Once the preliminary engineering report is approved by Collier County, the Consultant shall prepare the Final Engineering Report. Task 1.02 Grades and Geometrics (30% Submittal), Basic Plans (60% Submittal) and Detail Plans (90% Submittal) The CONSULTANT shall submit three (3) sets of 11" X 17" plans for each Segment/contract to the COUNTY for 30%, 60%, and 90% review submittals. The plans shall be reflect progress of the development of roadway and bridge construction plans for each submittal stage. A summary of quantities of all items required for construction of the project and an opinion of probable construction cost based on the 60% and 90% plans will be part of the Basic and Detail Plans submittal. Documentation of revisions and design decisions reached during the development of the plans shall be submitted along with the plans. A single set of construction plans shall be prepared. The COUNTY will provide draft front end documents including request for bids, instructions for bidders, bid proposal form (except unit price bid schedule form), construction contract, general terms and conditions and supplemental terms and conditions. CONSULTANT shall provide the technical specifications, special provisions, additional supplemental conditions (project specific), supplemental specifications, and unit price bid schedule form at the 90% submittal stage. TASK 2.00 - UTILITY RELOCATION PLANS The CONSULTANT shall prepare utility relocation plans based on designs for utility relocations provided by each utility owner. The CONSULTANT shall finalize the existing utility relocation plans to ensure conformance with changes in Collier County construction standards, FDEP rule revisions, roadway and drainage plan revisions and changes in existing utilities at Immokalee Road.AGEND^ ~tVI - No.-- I°~ -- Task 2.01 Utiliw Notification Page A5 of A 14 W:\1985\ 198503 I\N S4LaneScopeLSCOPE0504FourLaneNS.doc Task 2.02 85.31 5/4/00 The CONSULTANT shall contact all public and private utility companies (i.e., water, sewer, power, telephone, natural gas and CATV) in writing which may be affected by the alignment and/or may have interest in providing proposed facilities along the project alignment. The CONSULTANT shall submit 30%, 60%, 90% and 100% design status plans to each utility owner. With each submittal, the CONSULTANT shall request from the utility companies, the location of existing and proposed facilities along the project corridor. Utility Coordination Task 2.03 The CONSULTANT shall schedule and conduct utility coordination meetings with all utility owners at the 60% and 90% design status intervals. Final Utility Relocation Plans Upon receipt of marked up plans reviewed by each utility company, any additions or revisions will be reflected in the updated 60% plans, the 90% plans and 100% plans. Utility relocation and new utility system designs will be provided by the respective utility owner. Utility relocations and proposed utility systems will be shown on the roadway plan and profile drawings. The CONSULTANT shall request utility relocation work schedules from all utility companies. TASK 3.00 - UTILITY PLANS (COUNTY OWNED UTILITIES) The CONSULTANT shall perform the engineering and design services for new COUNTY owned effluent lines along the Livingston Road alignment and: a) Provide opinions of probable construction costs at the 60%, 90% submittal stages and at final completion (100%). b) Schedule design, plan preparation and contract document preparation activities concurrently with the preparation of the roadway plans and contract documents. The pipe size and approximate length are based on the information provided by the County in fax memoranda dated January 13, 1999 and January 20, 1999. Based on our understanding, the size and approximate length of the reuse main is: Roadwax, Segment Utili _ty Size (in) Length (fi) North-South Reuse Main 16 12,000 In addition to the above, it is our understanding that: The utility designs/plans are to be prepared and completed concurrently with the roadway design plans. Pipe sizes and approximate pipe locations by size for each utility have been provided by the County and the determination of irrigation water AGE[NDA ITEM No, !O_ ~%q W:\1985\198503 l~NS4LaneScopeXSCOPE0504FourLaneNS.doc Page A6 oral4 85.31 5/4/00 demand and subsequent determinations of pipe size and/or operating pressures are not part of this scope of services. The siting and design of pumping facilities are to be provided by others. TASK 4.00 - LEGAL DESCRIPTIONS AND SKETCHES Task 4.01 The CONSULTANT shall provide up to four (4) legal descriptions and sketches for right-of-way parcels which may be required for the relocation of Piper Boulevard and the extension of Willowick Drive. TASK 5.00 - SIGNALIZATION AND STREET LIGHTING PLANS The CONSULTANT shall furnish design services for signalization and roadway lighting in accordance with FDOT and COUNTY standards. Signalization designs and plans shall be provided at the Immokalee Road intersection. Continuous highway lighting will be provided for the entire north/south alignment of Livingston Road. Street lighting for the relocated Piper Boulevard will not be provided except at its intersection with Livingston Road. Basic services shall include production of plan sets for each segment/contract to be included with roadway plans for the 60% and 90% submittals as well as opinions of probable construction costs at the 60%, and 90% completion stages. It is assumed that the signalization system at the Immokalee Road intersection will utilize mast arm supports. Signal interconnection will be required and this will be coordinated with the countywide system. The plans shall provide details and quantities in accordance with COUNTY requirements. 5.01 Preliminary Signal Plans The Consultant shall submit to the County four (4) sets of preliminary plans (11" x 17") for review, Plans will include: a) Traffic Signal Plan Sheets depicting the location and installation of all traffic control devices including, luminaries (at the signalized intersection), signal phasing and timings, mast arm poles, loops, detector stations. This will be accomplished by using combination traffic signal/light poles. Controller equipment shall be specified to be compatible with The County's Closed Loop Signal System (via fiber optic cable). b) Quantities Sheet c) Miscellaneous Detail Sheet d) Mast Ann Detail Sheet e) Interconnect Plan (See Task 5.2) 5.02 W:\1985\1985031 \NS4 LaneScopelSCOPE0504FourLaneNS.doc Interconnect Plan The Consultant shall include an interconnect plan in the submittal. The interconnect plan will provide for fiber optic cable and conduit from the proposed traffic signal to the existing Strand traffic signal which is located just to the east. The County will provide the signal timings for each of the existing intersections of the Strand/I-75/Oakes signal system (four intersections - Immokalee Road at The Strand, 1-75 southbound ramps, 1- 75 northbound ramps, and Oakes Boulevard). The Consultant will develop three (3) optimized intersection/system timing plans (splits and offsets) for the project intersection, Immokalee Road at Livingston Road, using the latest version of SYN, YllR~.~jR[lyj~t~¥~{t3:d No._ ! r, - PageA7ofAI4 3(i 27 223'] 5.03 85.31 5./4/00 timings will be based on the existing cycle lengths and splits of the Strand/l-75/Oakes signal system. Preliminary Street Lighting Plans The Consultant shall submit to the County four (4) sets of preliminary plans (11" x 17") for review. The Consultant will prepare Street lighting Plan Sheets of the Livingston Road Corridor. This will include coordinating with the existing street lighting system, the applicable utility companies in order to minimize street lighting construction conflicts. The Consultant will coordinate with the power company in order to establish existing points of power service, as well as, proposed service points. Photometric calculations will be performed in order to ensure uniform street lighting in accordance to the criteria set forth by the Florida Department of Transportation and AASHTO. Photometric calculations will be based on the use of a 250- watt metal hallide lighting system. The desired street lighting specifications shall be consistent with the existing lighting system. Voltage drop calculations, conduit sizes and locations, service point details, miscellaneous electrical engineering details, etc. will be included in the Detail Plans (90% submittal). Plans will include: a) Plan Sheets depicting the location and installation of all street lighting devices including luminaries, service points, pole locations, pole heights, etc. b) Quantities Sheet c) Miscellaneous Detail Sheet d) Street Light Pole Detail Sheet 5.04 Detail (90%) Signal Plans. The Consultant shall incorporate and/or address comments received from the preliminary submittal and submit four (4) sets of detailed plans (11" x 17") to the County for review. Detailed plans shall include all necessary information needed to for construction including all traffic signal details, quantities, etc. 5.05 Detail (90%) Lighting Plans. The Consultant shall incorporate and/or address comments received from the preliminary submittal and submit four (4) sets of detailed plans (11" x 17") to the County for review. Detailed plans shall include all necessary information needed to for construction including all traffic lighting details, electrical details, quantities, etc. TASK 6.00 - SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall provide signing and pavement marking plans to conform with current FDOT and COUNTY requirements. These plans shall include details and quantities in accordance with COUNTY requirements. Basic services shall include production of plan sets to be included with roadway plans for the 60% and 90% submittals as well as opinions of probable construction costs at the 90% completion stage. TASK 7.00 BUFFER/LANDSCAPE CONCEPT PLANS (NOT USED) Page A8 of Al4 W:\1985\198503 l\NS4 LaneScope\SCOPE0504 FourLaneNSdoc AG EN DA-IT E M No. l(t t 'n .. P0 85.31 5/4/00 TASK 8.00 ~ OPERATIONAL PERMITS {COUNTY OWNED UTILITIES) The CONSULTANT shall prepare operational permit applications, data and drawings and responses to agency comments for submittal by the CONSULTANT to the following agencies: FDEP - Reuse Main Permit Applications, as required. The COUNTY will pay the cost of any fees required for processing and review by permitting agencies. TASK 9.00 - RAILROAD CROSSING AGREEMENT AND TECHNICAL COORDINATION (NOT USED) TASK 10.00 - AGENCY PERMIT REQUIREMENTS AND COORDINATION GENERAL The CONSULTANT shall coordinate the conditions of current stormwater and environmental permits as they relate to the preparation of plans and construction documents for the four laning design of Livingston Road. Task 10.01 Initial Permitting Activities In order to permit the relocation of Piper Boulevard the presence of jurisdictional wetlands and/or listed species will need to be determined. The CONSULTANT shall evaluate a corridor (500 feet wide maximum) for Piper Boulevard. This evaluation will consist of mapping the dominant jurisdictional wetlfind and upland vegetation communities on recent aerial photography. WRAP scores will be calculated for wetlands in the corridor that could be impacted by the relocated roadway. A survey for listed species will also be conducted. The area of the Cocohatchee Canal to be affected by the bridge widening will also be evaluated at this time. A summary letter report, including a vegetation map, will be prepared. The CONSULTANT shall present the findings of the evaluation and discuss potential modifications (if needed) to the proposed alignment. If potential jurisdictional wetlands are determined to be within or immediately adjacent to the alignment the CONSULTANT shall prepare and submit a request for a jurisdictional determination to the COE and SFWMD. A site inspection will be conducted with each agency (if required) to confirm the limits of wetland jurisdiction. Task 10.02 Permit Modification The CONSULTANT will prepare and submit requests for permit modifications to the necessary permit agencies including but not limited to the ACOE and SFWMD concerning the four laning of Livingston Road, the relocation of Piper Boulevard, the extension of Willowick Drive, the widening of the northbound bridge, and the addition of the southbound bridge. The CONSULTANT will cor~iuct j~i~tr~N. DA Page A9 of A 14 W:\1985\198503 I\NS41.aneScope\SCOPE0504FourLaneNS.doc I 85.31 5/4/00 application meeting with each agency to discuss the proposed modifications and obtain initial agency comment. Based upon the results of the meeting(s), the permit modification application(s) will be prepared. The relocation of Piper Boulevard and the widening of the bridge over the Cocohatchee Canal may require modifications to the existing COE and/or SFWMD permits. The CONSULTANT shall prepare the environmental portions of the required permit applications. This will include documentation of existing conditions within the proposed impact areas. If the modification will result in wetland impacts (other than the canal) the CONSULTANT will prepare a conceptual mitigation plan consisting of mitigation bank credit purchase. Task 10.03 SFWMD Right-of-Way Permit The CONSULTANT will prepare and submit the necessary application forms and exhibits to the SFWMD for obtaining a right-of-way permit to construct the northbound bridge widening and the new southbound bridge within the right-of-way of the Cocohatchee Canal. TASK 11.00 - DESIGN SURVEYS Task 11.01 Topographic Survey The CONSULTANT shall provide updated topographic survey and cross sections for the alignment of the Piper Boulevard relocation and the Willowick Drive extension. Upon completion of the current construction of the two lane Livingston Road (estimated to be complete in the late summer/early fall of 2000), the CONSULTANT shall provide updated topographic survey and cross sections for the Livingston Road nortbdsouth alignment. (If the notice to proceed with the four laning design of Livingston Road is issued prior to completion of construction of the two lane Livingston Road, the initial design drawings will utilize the proposed design alignments and grades from the two lane design until such time as the two lane roadway construction is complete and updated survey data can be obtained). Task 11.02 Underground Utilities The CONSULTANT shall verify underground utility locations at the Immokalee intersection and along Piper Boulevard and on Willowick Drive in the area of proposed improvements. Individual utility owners will be responsible for providing vertical information for their respective facility. TASK 12.00 - COORDINATION MEETINGS Task 12.01 County W:\1985\1985031 ~qS4LaneScope\SCOPE0504FourLaneNS.doc This task shall specifically include bi-weekly project coordination meetings with the COUNTY and others during the plans preparation process. Two meetings per month are anticipated. The CONSULTANT and COUNTY shall joint y No, P~'.g~ AI0 o£Ai4 ,.....,-. ~.' t"~ 85.31 5/4/00 Task 12.02 for such meetings. The CONSULTANT shall prepare an agenda, conduct and document the meetings. These coordination meetings shall be in addition to the submittal stage review meetings described in Task 1.00. Public Informational Meeting The CONSULTANT shall assist the COUNTY in conducting one public informational meeting to present the roadway plan to interested parties including residents, public officials and public and private agencies. The public informational meeting will be conducted at such time as deemed appropriate by the COUNTY Project Manager. Task 12.03 Other Entities The CONSULTANT shall schedule and meet with the following entities to coordinate the preparation of final plans and contract documents as necessary for the interests and requirements of those entities: · Permitting Agencies (USACOE, SFWMD, BCB, FGFWFC, etc.) Utility Companies (Power, Telephone, CATV, etc.) · Developers/property owners along roadway corridor · Lee County (Interface requirements at County line) Task 12.04 Review of Designs by Others The CONSULTANT shall assist the COUNTY by providing reviews of plans prepared by others which present designs for access or utility connections to Livingston Road or County utilities within the Livingston road right-of-way. The purpose of these design reviews will be to verify the compatibility of designs by others with the Livingston Road and County utilities design. TASK 13.00 - FINAL BIDDING AND CONTRACT DOCUMENTS (100%) Once the 90% roadway plans, bridge plans, signalization plans, signing and pavement marking plans, and highway lighting plans have been approved by the COUNTY, final sets of plans and bidding and contract documents will be prepared for each Segment for the construction of the project. This task will include the following for each Segment: Task 13.01 Final roadway and bridge plans, a quantity computation booklet, and summary of quantities and a final opinion of probable construction cost. Task 13.02 Final signalization plans, signing and marking plans, lighting plans, summary of quantities and an opinion of probable construction cost. Task 13.03 The CONSULTANT shall prepaxe bidding and contract documents for the project (COUNTY to provide front end documents per Task 1.02) ready for bid including all forms, general conditions, all approved permits and other material required by the COUNTY'S Purchasing Department and Legal Department. The CONSULTANT shall provide one set of signed and sealed plans, one set of mylar ronrnrhlctihle, nlan~ ~ [ ' AGE.;",;DA IYF-L:I PageAll oral4 ! NO. lt-.,.-,~'-'] W:\198S\1985031\NS4LaneScopeLSCOPE0504FourLaneNS.doc i -_:' :i':: 2 7 2; ;3 -- 85.31 5/4/00 and Autocad format electronic files to the COUNTY. The COUNTY or others shall arrange for reproduction of bid documents. TASK 14.00 - GEOTECHNICAL/LEVEL I CONTAMINATION SCREENING SERVICES The CONSULTANT shall furnish soils investigations and analysis necessary for the design and preparation of construction plans for the project. A report shall be prepared with recommendations and pertinent soils data including water table elevations encountered during the advancement of borings shall be submitted to the County for its record. A geotechnical investigation of the north- south alignment was previously obtained and will be utilized for the four lane design. The scope of services described below is limited specifically to the relocation of Piper Boulevard (approximately 1,200 feet), the extension of Willowick Drive (approximately 500 feet), a new bridge across the Cocohatchee Canal (approximately 100 feet long by up to six traffic lanes wide including a sidewalk) and the widening of an existing bridge (approximately 100 feet long by one additional traffic lane wide). Task 14.01 Level I Contamination Screening Evaluation For right of way parcels that have yet to be obtained by the COUNTY (assume 1 parcels), a Level I Contamination Screening Evaluation will be performed. For each parcel, the contamination screening evaluation will consist of a site assessment, data collection, determination of potential contamination and a contamination evaluation screening report. The report for each parcel will be provided to the COUNTY with a recommendation for further evaluation if it is determined during the Level I Contamination Screening Evaluation that there is a potential for contamination. Task 14.02 The CONSULTANT shall furnish soils investigation and analysis necessary for the design and preparation of construction plans for this project. All work shall be done in accordance with the Florida Department of Transportation Soils and Foundations Manual, and updates and related directives. A report shall be prepared with recommendations, and pertinent soils data, including the water table, and shall be submitted to the COUNTY for its record. A draft copy of all reports shall be submitted to the COUNTY for its review and approval prior to project design completion. Soil Borings and Laboratory - Testing a) Soil Auger Borings shall be obtained at locations directed by the Consultant along the adopted alignment. Auger Borings with soil classifications shall be a minimum of 5 feet deep at no less than 100' intervals and a minimum of 15' deep at no less than 300' intervals. All auger borings are to stop if rock is encountered. Assume 10 borings. b) Core the asphaltic concrete and base of existing roadways at approximately 500 foot centers and measure each component type and thickness. Assume 2 corings. c) Provide two (2) Standard Penetration Test Borings within the alignment of the r~,,;~ ;~ th~ l~1o, rlc]a new bridge which shall penetrate to the depth as Page A12 of Al4 WA1985X198503 l~NS4~neScopeXSCOPE0504Four~neNS.doc 85.31 5/4/00 Department of Transportation Soils and Foundation Manual (assume 80 feet). d) Obtain soil and water samples at the bridge and box culvert location and perform laboratory testing to determine the corrosion environment. Make recommendations for the corrosion aggressiveness of the soil and water in order to determine the appropriate construction materials at the respective location. e) Laboratory testing, sufficient to enable a Geotechnical Engineer registered in the State of Florida, to analyze subsurface soil conditions and make design recommendations, shall be performed. Such tests may include, but shall not be limited to, grain size analysis, Atterberg limits, organic content, etc. A minimum of 1 LBR will be provided. Reports Prepare a final geotechnical report based on the field and laboratory investigations summarizing the findings and providing recommendations and conclusions for roadway design and submit two (2) copies to the COUNTY for final review. The report shall include the SPT borings, laboratory test data sheets, data from all specialized tests, engineering analysis notes, and other pertinent information for use in future applications. TASK 15.00 - ADDITIONAL CONSTRUCTION CONTRACT PHASING (CONTINGENT TASK) (NOT USED) TASK 16.00 - BIDDING PHASE SERVICES (CONTINGENT TASK) After approval of construction plans and bidding documents by the COUNTY, the CONSULTANT shall perform the following services: Task 16.01 Participate with the COUNTY in scheduling and presenting a Pre-Bid Conference. Provide the COUNTY with one reproducible set of complete bidding and contract documents for its use and printing. The COUNTY will administer the bidding process. Task 16.02 Respond to Bidders' inquiries through the COUNTY'S project manager and assist COUNTY in preparing addenda for issuance by the COUNTY or others. Task 16.03 Evaluate the bids received by the COUNTY and provide written recommendation to the COUNTY or others for award of contracts. Task 16.04 Provide the COUNTY with a Unit Price Bid Tabulation for all bidders. W:\1985\198503 lXNS4LaneScopeXSCOPE0504FourLaneNS.doc Page AI3 of AI4 AG Ei,.! DA l'F[2ld No. 85.31 5/4/00 TASK 17.00 - CONSTRUCTION PHASE SERVICES (Contingent Task) Scope of professional services to be determined. W:\ 1985\1985031LNS4 LaneScope~SCOPE0504 FourLaneN S.doc Page AI4 of Al4 AG:?~DA No. I/~ Pg. I~ Hole, Montes & Associates, Inc. Professional Fee Schedule Date: May 4, 2000 Submitted to: Collier County for Livingston Road North, S/A No. 10 Principal Engineer VI ............................................................................................$135.00 Enviromnental Engineer V ....................................................................................$125.00 Environmental Engineer IV ..................................................................................$105.00 Envirmm~ental Engineer III ...................................................................................$ 90.00 Environmental Engineer I! ....................................................................................$ 75.00 Environmental Engineer I .....................................................................................$ 60.00 Environmental Operations Specialist ....................................................................$ 70.00 Civil Engineer V ...................................................................................................$110.00 Civil Engineer IV ..................................................................................................$ 95.00 Civil Engineer III ..................................................................................................$ 85.00 Civil Engineer II ....................................................................................................$ 75.00 Civil Engineer I .....................................................................................................$ 60.00 Aviation Engineer .....................................................................$120.00 Engineer Tech V ...................................................................................................$ 70.00 Engineer Tech IV ..................................................................................................$ 65.00 Engineer Tech I]I ..................................................................................................$ 60.00 Engineer Tech I/ ....................................................................................................$ 55.00 Engineer Tech I .....................................................................................................$ 45.00 Contract Administrator (P.E.) ...............................................................................$ 85.00 per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour Contract Administrator .........................................................................................$ Construction Field Representative IV ...................................................................$ Construction Field Representative 1II ...................................................................$ Construction Field Representative II ....................................................................$ 70.00 per hour 65.00 per hour 55.00 per hour 45.00 per hour Construction Field Representative I ......................................................................$ 35.00 per hour Senior Planner .......................................................................................................$105.00 per hour Planner ..................................................................................................................$ 70.00 per hour Surveyor V .............2 ..............................................................................................$100.00 per hour Surveyor IV .............. .............................................................................................$ 85.00 per hour Surveyor III ...........................................................................................................$ 65.00 per hour Survey Tech IV .....................................................................................................$ 55.00 per hour Survey Tech HI ......................................................................................................$ 50.00 per hour Survey Tech 1I .......................................................................................................$ 45.00 per hour Survey Tech I ........................................................................................................$ 40.00 per hour 2 Man Survey Crew ..............................................................................................$ 85.00 per hour 3 Man Survey Crew ..............................................................................................$100.00 per hour GPS Operator ........................................................................................................$ 65.00 per hour Technician IV ........................................................................................................$ 45.00 per hour Technician III ........................................................................................................$ 40.00 per hour Technician II .........................................................................................................$ 35.00 per hour Technician I ...........................................................................................................$ 30.00 per hour Subcontractors .......................................................................................................Cost + 10% Out-Of-Pocket Expenses .......................................................................................Cost + 10% Mileage .................................................................................................................$ W:\1985\1985031 \NS4LaneScope\HMA Rates.doc .30 per mile No. · ? : Hole,*Montes & Associates, Inc. Engineers Planners Surveyors May 4, 2000 Preserving and enhancing Florida ~ qual/ty of life since 1966 Mr. Michael A. Marquis, P.E. Collier County Government Center, Bldg. D Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 33962 LIVINGSTON ROAD - COLLIER COUNTY PROJECT NO. 65041 PROPOSED SCOPE OF SERVICES AND FEE FOUR LANING NORTH-SOUTH ALIGNMENT, PIPER BOULEVARD RELOCATION AND WILLOWICK DRIVE EXTENSION HM&A FILE NO. 85.31 Dear Mr. Marquis: Hole, Montes & Associates, Inc. (HM&A) is pleased to submit this proposal to Collier County for providing professional engineering services to prepare the design of the four laning of Livingston Road north of Immokalee Road to the Lee County line, the design of the relocation of Piper Boulevard at its- intersection with Livingston Road and the design of an extension of Willowick Drive to Livingston Road. 1. SCOPE OF SERVICES See Attachment- Pages t to 14. 2. SUBCONSULTANTS HM&A proposes to utilize the firms Jenkins & Charland, Inc. for bridge design services, Ardaman & Associates for geoteehnical investigation and contamination screening services, Kevin L. Erwin Consulting Ecologist, Inc. for environmental permitting services and the Metro Transportation Group, Inc. for traffic engineering, signalization and street lighting design services 3. ADDITIONAL SERVICES Services not specifically included herein will be performed on a time and material basis in accordance with the rate schedule attached to this proposal. Additional services will be performed only as requested and authorized by the County. When such additional services can be identified in advance, HMA will provide an estimated fee and obtain written authorization from the County. 4. SCHEDULE HMA proposes to complete the tasks described in the Scope of Services within 210 days of receipt of a written notice to proceed with a completion schedule, generally as indicated below. AG g'l'; DA Fl'[ 6202-F Presidential Court · Fort Myers, Florida 33919-3540 · 941.481.7874 · Fax: 941.481.1015 715 Tenth Street South · Naples, Florida 34102-6773 · 941.262.4617 · Fax: 941.262.307 10550 Abernathy Street · Bonita Springs, Florida 34135-552? · 941.992.0795 Fax: 941.992.2 1620 Placida Road o Eng ewood, Florida 34223-4962 941.473.3990 : Fax: 941.473. 2100 Tamiami Trail South, Suite B · Venice, Florida 34293-5012 · 941.4922450 · Fax: 941.49 No. it, ~-q )27 ~ Le!ter to Mr. Michael A. Marquis, P.E. Dated May 4, 2000 HM&A File No. 85.31 Page.2. Per Cent Complete Days Following NTP 30% 90 60% 135 90% 180 100% 210 This schedule is exclusive of time which may be required for review of submittals by the County. 5. FEES AND COMPENSATION HMA proposes to complete the tasks described in Scope of Services for a total proposed fee of $515,3 I5. A projected man-hour and cost summary (2 pages) is attached which provides a breakdown of each proposed task fee. All tasks are proposed to be lump sum tasks. Invoices will be submitted at each month end in an amount proportional to the percentage of actual work completed during the respective billing period for lump sum tasks and on a time and material basis for not to exceed tasks. Please be advised that the scope of services now includes traffic engineering services and geotechnical and contamination screening services and has been revised since our last submittal to include the extension of Willowick Drive to Livingston Road per your request. Thank you for the opportunity to submit this proposal and we look forward to working with you on this project. Very truly yours, HOLE, MONTES & ASSOCIATES, INC. WALTER F. GILCHER,~~, ~~ Project Manager wfg/cn Attachments cc: R. Murray K. Moss W:\1985\1985031 'dxlS4 LaneScope'uM AM 00504.doc AGEN,DA No. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE COMPENSATION AMOUNT FOR FISCAL YEAR 2001 AND AMEND EXHIBIT "A"AS CONTAINED HEREIN WITH SEVERN TRENT ENVIRONMENTAL SERVICES, INC. TO PROVIDE FOR CURRENT CONTRACT MANAGER SERVICES FOR THE PELICAN BAY SERVICES DIVISION OBJECTIVE: To gain the Board of County Commission approval of the Fiscal Year 2001 compensation amount with Severn Trent Environmental Services, Inc. and amend Exhibit "A" to provide contract manager services for the Pelican Bay Services Division. CONSIDERATION: The firm of Severn Trent Environmental Services, Inc. has been providing the requisite services for the Pelican Bay Services Division and the fee arrangement of $48,000 for Fiscal Year 2001. The Pelican Bay Services Division Advisory Committee has reviewed and recommends approval of this compensation amount. The Agreement renews each fiscal year and the Fiscal Year 2001 compensation is the same as set forth in the Fiscal Year 2000 Agreement. FISCAL IMPACT: The fee outlined herein is $48,000 per year and is budgeted in the Fiscal Year 200l Pelican Bay Services Division Budget. There are no other costs associated with this contract. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the compensation amount for Fiscal Year 2001 and amend Exhibit "A" as contained herein for Severn Trent Environmental Services, Inc. to provide for contract manager services for the Pelican Bay Services Division. PREPARED BY! APPROVED BY: /L;~ ?",c.~.~: ,,, f.~.(j/:_ ,~.,._. DATE: ames P. Wa~d //Depa~ment Dir~tor .,,.., ,, ~. i', jl./ ~DATE: 0 Michael A. McNees, Interim Administrator Transportation Division AGENDA. ITEM No. ,.i": 2 7 ';" Pg ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES MANAGEMENT CONTRACT BETWEEN GARY L. MOYER, P.A. AND COLLIER COUNTY, DATED OCTOBER 6, 1992 THIS ASSIGNMENT is made this /Fxm day of ~,, e~,~gz~, 1998, between Gary L. Moyer, P.A., ASSIGNOR and Severn Trent Environmental Services, Inc., ASSIGN'EE, KECITALS WHEREAS, ASSIGNOR and Collier County had previously entered into a professional services management contract dated October 6, 1992 (the "Agreement"); and WHEREAS, the ASSIGNOK desires to assign the Agreement to the ASSIGNEE and the ASSIGNEE desires to accept the assignment and assume the responsibilities thereunder. WITNESSETH: NOW, THEREFORE, in consideration of the sum often dollars and 00/100 ($10.00) and 'mr valuable consideration, receipt of which is hereby acknowledged, the ASSIGNOR hereby assigns and transfers to the ASSIGNEE, and its successors and assigns, all of its right, title and interests in and to the Agreement, and the ASSIGNOR hereby agrees to and does accept the responsibilities of the ASSIGNOR under said Agreement. ASSIGNOR expressly assumes and agrees to and does accept the assignment and in addition, expressly assumes and agrees to keep, perform and fulfill all terms, covenants, conditions and obligations required to be kept under said Agreement by the ASSIGNOR. This Agreement shall be binding on and ¢nure to the parties hereto, and their successors and assigns. This ASSIGNMENT was executed the day and year first written above. WITNESSES: ASSIGNOR: GARY L. MOYER, P.A. jignature Barbara Braentner Pri~. tcdFf',~rp ed Natme .>.', . ASSIGNEE: SEVERN TRENT ENVIRONMENTAL SERVICES, INC. Meg Watel Vice President Print Name ~md Tiflc Robert A. Ostrander PrLuted/Typcd Namc Consented to this/~z~.day of ,1998. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: B A~AKA~'~. BE:~K~ Chai'~mu~ Approved as to form and legal sufficiency: 'AGENDA I-I'E M AG~m~E~T BETWEEN COLLIER COUNTY, FLORIDA AND THE FIRM OF GARY L. MOYER, P.A. FOR MANAG~ ADVISORY SERVICES THIS WHEREAS, MANAGER for services services of the t.%e purpose of providing management advisory for t.h= Pelican May Services Division, as required to meet the manaqmment needs during the contr=c= per.Jori; and WHEP~-%S, t_he HANAGER desires to assist the COIrh"~"f with such matters. NOW, THEREFORe, in consideration of and agreementu 1. T~m services described incorporated by referenos herein. 2. The COIINTY agrees ~o accordance compensate the MANAGZR in with ~e fee schedule set forth in Exhibit A. The expressed herein the parties agrme as follows: COUNTY hereby engages the MANAGER for the in Exhibit A, attached hereto and total the and cumulative amount of this amount of funds annually budgeted for oontrac-- shall not exceed rheem services. AGENDAITEM No. ~,(,.~-_5 ~ Pg, L~ Coral SDringm, Florida 33071. W I TN ~ S ~h~ COUNTY desires =o employ the '~~~~__, 1992, by az~ ~m~w~e~ Collier Coun~f, a political subdivision of %he State of Florida, hereinafter referred ~o as "COUNTY", and the firm uf Gary L. Hoyer, P.A. hereinafter referred to as "HANAGER., W~ose address is 10300 NW I1th Manor, ' Reimbursable expenses, incux~e~ d~rin~ t~e co~z~e of performance of ~is cont~oct, incl~ing, ~t not ll~ite~ ~o, out-Qf-p~cket e.x~enses for express mail, c~t~iz~ ~~, work ~ocess~g ~ss, long discs ~lephon~, po~ge an4 Dhotoccpy~g ar~ ~=luded ~ ~e fee set f~ ~ ~it A. ~. This A~e~t ~y be t~na=~d ~ ei~ p~ upon Upon t~ination by ei~ p~, ~e ~AG~ shall all work in progress, completed work, and any and all materials related to ~he terminated work ~ =he COUNTY. 4. The either oral requested by 5. TO information and HANAGER shall provide periodic status reports, or in writing, as may from t~me to time Me ~he extant pernitted by law. all written and oral no= in the publit domain or not previously known, all infor-,ation: and data obtained, developed, or ~upplied kept confidential by to any other party, Chapter 119, Florida Statutes [PuDlic R~cords Law). 6. The .VJ~NAGF2~ shall devote such time as is by the COUNTY or at it~ expen~-e will be the MANAGER and will not be disclosed directly, or indirectly, without the COUNTY' S prior consent unless required by a lawful order. Akl drawings, maps, under this sketches, Agreeman= r~main the COUNTY'$ property and may be %he discretion of the COUNTY. The COUNTY and MANAGER shall =oreply with t_he provisions of and other data developed, or purchased or at the COUNTY'$ expense shall be and r~produced and re-used at indirect, com~!ete ~he duties and respons/hilities assiqned to ~e ~AG~ ~d~ ~s A~e~t. ~e ~G~ ~all be ohsire at ~o offices of ~e Pelic~ ~ay S~ic~ Distil, a ~~ of 416 ho~s ea~ ye~. 7. ~e ~AG~ w~~ ~at all G~ices ~11 ~e Derfo~o~ by skilled ~d c~e~t ~e~o~el to ~e highest professional stand,ds. 8. ~e ~i~a~o on ~is A~ee~nt ~ ~a ~~ shall co=~ensation provided for ~ ~e A~e~ent ~e a==~a=a, complet~ and ~~t as of ~e da=~ of ~is A~m~t. ~e ~AG~ repres~=s ~at it presently has no ~d shall ac~ire no ~t=est, eider direct or whic~ Would of services standard set forth conflict in any manner with the req~//red hereunder, as provided for in in Se~ion 112.311, FloriDa Statutes. The MANAGER f%~cher represent~ that no person having any interest shall be .empi~yed for said performance. The MANAGER shall prgmptly notify the c~r~tfted ~ail of.all potential conflicts prospective Business circumstance which may MANAGER,S judg~ent or hereunder. Such prospective busines= a~sociation, interest or circumstance, the COUNTY in writing by of interest for any association, interest or other influence or appear to influence the quality of s~rvlces being pro¥idad written notification shall identify the of work that the MANAGER may undertake and nature - 3 - or ciroumstancm would, in the opinion of the C0U~TY, ~msCi=ute a conflict o5 interest if entered into by =he MAHAGER. Th= COUNTY agrees to notify the H~NAGER of its Minion ~Y ¢~rtifie~ mail within thirty (30) MANAGE1{. business constitute If, in the association, days of rs=sip= of notif£=ation ~Y %he opinion of the ~OU~I~, t2:e prospe=~ive interest or alrcumstanca would not by the F~NAGER, the COUNTY shall so state in its oDinion and =he association, interest, or cir=~stance shall not be deemed in ¢onfli=t of interest with respect to services provided to the COUNTY by the MANAG~Hunder ~he =ermm of =his Contract. This Agreement does not prohibit t-he MANAGER of performing services for any other special purpose taxin~ district, and su=h assignment shall not constitute a conflic~ of interest ~nder =him AgTeemsnt. 10. The MANAGER is, and shall he, in the p~-formanoe of all work ssrwices .and activities under thi~ Contract, an Independent Contractor, and not an employee, ag=nt, or servant I of the COI/RTY. on any kind on behalf of MANAGER. an e~ploy~e ~ith respect to for ~ed~ral or stats tax purpo~s. 12. MANAGER underutand~ that F~%RAG~ pay, according tu law MANAGER'S income tax. 13. Because MANAGER is an independent 11. Federal income taxes will not be withheld by COUB~Y b~half of MANAGER nor shall COUNTY pay any payroll tax of F,~NAGER shall not be t.=eated as ~e ~ic~ p~fo~ed h~e~der - 4 - is responsible to i~ not eligible, and shall not participate in, an employee ~ ransion, health, or ~ther fringe benefit plan of COUNTY. 14. No worker's ==mpmnsa:ion i~surance s~all be obtained by COUNTY =onceming MANAGER ur the employees uf the HANAGER. MANAGER shall comply with the worker' s compensation law concerning MANAG~ a~d the. employees of HANAG~R. 15. T~e HANAG~ does no: have ~e p~er or au~ori=y to bind ~e CO~ in ~y promise, a~e~t or repres~tion o~or than specifically provided for in ~i5 A~ent. 16. The ~A~ wa~an~ ~a= it has not ~ployed or re~ined ~y company or p~son, o~er ~ a bona fide ~ployee ~orking solely for ~a ~AG~ to solicit or se~e ~is Agreement and ~at it has not paid or a~aed to pay any p~son, co~oration, ~dividual, or fi~ o~ ~n a bona for ~s ~AG~ ~Y fee, ~r ~Y o~ co~id~ntion upon' o= =~sult~g from ~e award or Jompany, fide employee workin~ solely commission, per=enrage, gift contingent Agreement. 17. employeee tO rage, The MANAGER warrants and represents ~hat all of its are treated equally during employment without regard color, physical handicap, religion, sex, age or ~killed and competent national origin. 18. The MANAGER hereby represents and warrants that it has and will continue to oondu=t its business activities in a professional ~ann~r and that all services shall be p~rforned by personnel to the ~ig~sz ~rofe~siona!_. No._A~ -- - 5 - standards. · I~. The COUNTY acknowledges that the H~NAGER is not an a=torney and may no: render legal advisB or opinions. Although ~he NANAGER may pa~:ic£pats ~ the accumula~on of info==a~ion necessary for use in dmcume~lts required by Be COU~ in order to finalize any particular matraere, su~ information shall be verified by the' COUNTY as to i~s corractnes-~ ~ provided, however, tha= ~he COUNTY s~a11 not be re~%Li~:m-d =o verify the correct~ess of any ~fo=mation or£gina=ed by the MANAGER or the cc=r~c=ne~s of any inform=ion originated by ~he H~NAGER which the MANAGER has used =o fornu~ate its opinior~ and advi¢~ given to the COURTY. 20. HANAGER, ~ consideration of ~10.00~ ~he suff£ci~noy and receip= of which i= ac2~owledge~ t/~rough the sig~t~g of this Agocement shall protect, defend, Lndamnif¥ and hold COUNTY and i: officer=, employees, a~d agenos harmless from and agninmt any and all lo~, penalties, damage~, prof~sional fee~, ~cluding' a==0rne¥ fees and costs of litiga=ion and Judgments aris/~g ou= of any willful m/sconduct or negligent ac=, error or omis~'~on o~ the HANAGER, it~ conduitone, subcont. Tacturs, a.g~n~ or employees, ari~in~ out of or incidental tu the perforuancm of this Agreement or work performed ~hereu~dar. The considered/on exchanged and the provision of this paraqraph shall also pe_~hain to any cla~m~ brought against ~/~e COU~TY, it~ officers, employees, or agents by any employee of the MANAGER, or any consul~an= or direc=ly or indir~ct~Iy employed by any subcontractor, or ~nycnm of them. T~e HANAC~R' S o~ligation under - 6 - pars ~ph shall not be limited in any way b,/ the aq'reed upon c~ntrac'c pr/.ce as .~--t~own in ~l~is &greement or the MIt~NA~;EH~S limit: of, or lack suf~2c/.enl: insurance protect. on. 21. This Aq~eement sha~l he governed by the laws of State of Florida. Auy and all legal action necessary enforce ~he Agreement will ba held in Collier County and the Agreement will be lnt~-preted according to the laws of Florida. No remedy herein conferred upon any part~y is in=ended to be exclusive of any other remedy and each and every ~c~ remedy shai1 be cumulative and ahall be in addition to every other r~medy given hereunder or now or hereafter existing at law or in equity or by statute Or o~erwise. No si~gle or partial exercise by any par~y of a~y right, power, or remedy hereunder ;hall preclude any other or fu~cher exer=i-~e ~lereof. In any action brought by either parL~ for the enforcement of the obligations of the other par~y, the prevailing party shall be entitled to recover reasonable attorney's fees. 22. All notices required L~ this Agreement shall be sent by certified mail. reL~kTn re¢oipt requested, and if sent to COUNTY shall be mailed to: BO.~::ID OF COUNTY C0~ISSiONERS COLLIER COUNTY GOVerNmeNT CENTE~ 3201 EAST TA~T_~I TRAIL NAPLES, FL0~A 32962 ATTENTION: MICHAEL J. VOLPE - ? - with copy to: COZ.r.TEI~ CO~TTY GOV'EI~I)I~iT CENTER 3301 EAST ~ TRAZL }IAPLT.,S, FLORIDA 33962 ATTENTION; MR. N~ZL DOl~'t'T.v. COMITY HMt~]~R sent to ~he HAHA~EH shall GARY L. NQYER, P.A. 10300 NW 11th ~ANOH CORAL SI~RZ~GS, FLORIDA 33071 end. each ~welve (12) month periok to compensate for conditionm and the anticlpa=ed t~pe and amount of work performed during %ha next Owelye (12) month period. 23. The foregoing t~rns an~ conditions constitute the entire AgreeTent between the par=lee hereto and any representation not contained herein s~all he null and void and no force and effect. Further this Az/re_~q~ent may be only in writing upon ~/=ual consent of the parhiss hereto. 24. No amendments and/or modifications of t~is Agreemen: shall be valid ~nless in writing and signed by each of parties. This A~r.eement shall be renewable each Fiscal Year of the COUFrY, unlesm otherwise terrainatari by either par~y. Negotiations shall b~ held prior to the COUNTY' S Fiecol Year The COUNTY and MANAGER will consider price adjustments to be - 8 - AGEh~DA ITE~,~ · -spe=tively, by an au~horizmd per, on cr agent, hersunder 8et their hands and seals on =he da~ ~d year fir~= ~va written. ATTEST: .' ~ '-. ~.' COLLIER ~, FLORIDA '" ' ' " ' ' · · · ~~ J.~g, '~~n A~istant County Attorney W£tnes~ ' .. ' ' GARY L. MOYER, P · A. n~lf~76~4 EXHIBIT "A" AS AMENDED ON 6/6/00 o ~ General Consultation, Meetings and Division Representation. Consult with the County Manager and the MSTBU Advisory Committee, and when necessary, participate in such meetings, discussions, project site visits, workshops and hearings as may pertain to the administration, accomplishment and fulfillment of the professional services set forth herein with regards to the projects and general interest of the Division. Meet with pertinent public agencies and private individuals in connection with the interest of the Division. Report to the County and the Advisory Committee the results of these meetings and provide advice where necessary to the Advisory Committee and the County to assist in reaching decisions regarding Division matters. The service to be provided shall also include, but not be limited to planing, scheduling, production and quality control; coordination and administration of various professional service elements within the Division. Meetings of the Board of County Commissioners. The Manager shall attend regular and special meetings of the Board County Commissioners when issues arise regarding Division activities. of The Manager shall consult with and advise the County and the Advisory Committee on matters related to the operation and maintenance of the Division's works. The Manager shall work with the Chairperson of the Advisory Committee in the preparation of the Advisory Committee Agenda and collaborate with the Chair in selecting items and priorities. The Manager shall prepare the necessary organizational structure and oversee the hiring and supervision of the personnel employed by the Division in accordance with all Federal, State and County laws, rules and regulations where applicable. ,~ .... ,:~;~ ,:~.~.~:..~ Manager shall prepare and administer the Division's Annual Budget(s) in accordance with all Federal, State and County laws, rules and regulations where applicable. o 10. 11. The Manager shall implement the policies established by the County in connection with the operation of the Division. It is the Manager's job to manage, supervise and coordinate all activities of the PBSD in an effective, efficient, and professional manner. The job requires an individual who has an intermediate to long term planning vision and an ability to conceive, obtain approval for and implement programs desired by the Pelican Bay Community as identified by the Advisory Board. The Manager shall make regular recommendations for programs to improve the Pelican Bay Community. The Manager shall review outside contractor bids and recommendations for approval or disapproval. make The Manager will work with such other organizations as necessary when issues relating to the operations and maintenance of the Division's activities arise. 12. The Manager will have experience and understanding of Florida county government operations, good management principles and skills, as well as knowledge and skills in personnel relations, public relations, accounting and finance. 13. The Manager will have: Previous experience in a managerial position in municipal setting. Knowledge and experience in computer software operation. FEE SCHEDULE Executed contract date through September 30, 2000 $4,000.00 per month at the beginning of each month for the prior months service. October 1, 2000 through September 30, 2001 $4,000.00 per month at the beginning of each month for the prior months service. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR TRAFFIC SIGNAL SYSTEMS ADDED TO THE FY 2000 TRAFFIC SIGNAL PROGRAM. OBJECTIVE: To gain Board approval of a budget amendment for design and installation of additional traffic signal systems in FY 2000. CONSIDERATIONS: In response to public petition for additional traffic signalization on Immokalee Road, staff was directed to take the necessary steps to have a traffic signal installed at the intersection of Immokalee Road and Livingston Road. Further, on December 14, 1999, the Board approved a two-party agreement between The Strand Development and Collier County for installation of a traffic signal at the intersection of Strand Boulevard and Immokalee Road (item 16b12). In addition to the above, extenuating circumstances (e.g., additional survey work, signal coordination design services, access management review/design services) have caused design services to cost more than anticipated. This has caused shortfalls in available funds for contracted services. FISCAL IMPACT: The approximate cost of the signal for Immokalee Road/Livingston Road is $60,000. Under the proposed agreement for the signal at Immokalee Road/Strand Boulevard, The Strand Development will receive an amount not to exceed $129,150. Design services work orders have exceeded appropriated amounts by approximately $111,000. Funds are available in Road Construction Gas Tax Fund (313). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment for design services and installation of traffic signal systems which were added to the FY 2000 Traffic Signal Program. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: DATE: 6/14/00 Dale A. Bathon, PE, .Traffic.Operatf6~is Manager Edward J. Kant, PE, Transportation Operations Director Michael A. McNees, Interim Transportation Administrator DATE: DATE: EXECUTIVE SUMMARY AWARD ~ CONSTRUCTION CONTRACT TO BETTER ROADS FOR THE PATHWAYS 2000 PROJECT, BID NO. 00-3080 OBJECTIVE: To receive Board approval and award of a construction contract for various bicycle and pedestrian pathways in Collier County to the lowest bidder, Better Roads in accordance with Bid No. 00- 3080. CONSIDERATIONS: Each year a list of proposed bicycle and pedestrian pathways is compiled through the efforts of the Pathway Advisory Committee (PAC). This list then becomes the basis for the subsequent year's Pathway Construction Project. Based upon 1999 PAC efforts, with input from the Transportation Division's Operations Department, the Pathway 2000 design was produced and completed by the Transportation Engineering and Construction Management Department. On May 1, 2000, the purchasing department sent out an invitation to bid on the Pathway 2000 Construction Project. A pre-bid conference was held on May 11, 2000. On May 25, 2000, Purchasing Department Staff conducted the bid opening. Three (3) bid proposals were received. Staff has evaluated the bids as tabulated below. Better Roads' bid of $371,058.00 is the lowest bid amount. Bidder BETTER ROADS ~'"~onness ~ougar Contracting Base Bid Amount $354,980.00 $360,037.00 $457,037.00 Bid Alternate $16,078.00 $25,510.90 $25,333.50 Total Bid Amount $371,058.00 $385,547.00 $482,370.50 A bid alternate was included to distinguish funding for pathway construction at Golden Gate Park. Collier County Department of Parks and Recreation will fund this portion of the Pathways 2000 Project. Performance time for Bid No. 00-3080 is 120 calendar days for substantial completion and 150 calendar days for all work and final acceptance. ~FISCAL IMPACT: Funds in the amount of $354,980 are available in the Transportation Supported Gas Tax Capital Fund. Funding for the $16,078 will come from the Naples/Urban Collier Community Park Impact Fee Fund. Source of funds are Gas Taxes and Park Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Award a construction contract to Better Roads in the bid amount of $371,058.00. (2) Direct the Board Chairman to execute the construction contract with Better Roads. [.~//'~. ' - erald N. Kurtz, E.I., ~ngineer II Transportation Engineering and Construction Management Department AGENDA ITEM No, I Pathways 2000 Bid Number 00-3080, Page 2 of 2 ' Date: /~eff Bibby, P.E., Director Transportation Engineering and Construction Management Department REVIEWED BY: _ :c,5c~-/ Gwen But~ler Interim Director, Purchasilng/General Edward J. Kant: Transpotation S~ices Director APPROVE~ BY: ', :~'~ ~ ~cNees InteNm Transportation Administrator Services Date: ~e//5'/C/.) Date: ,/-' Date:~~ AGENDA ITJ~M No, 1[~. P~ :'" "'7 EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO APAC-FLORIDA, INC. FOR INTERSECTION IMPROVEMENTS AT IMMOKALEE ROAD AND RANDALL BOULEVARD, BID #00-3084. OBJECTIVE: To gain Board approval to award the contract to proceed with the construction of intersection improvements at Immokalee Road and Randall Boulevard. CONSIDERATION: On May 11, 2000, notices were sent to 70 prospective bidders for the intersection improvements at Immokalee Road and Randall Boulevard. On June 9, 2000, four bids were opened. The results of the bid opening are as follows: VENDOR 1. APAC-Florida, Inc. 2. Better Roads Inc. 3. Florida State Underground Inc. 4. Bonness Inc. Engineering Estimate TOTAL $428,864.29 $485081.14 $548,881.32 $565,141.53 $504,012.83 Based upon the review of the bids, Staff recommends APAC-Florida, Inc., as the lowest, responsive, and qualified bidder. An insignificant mathematical error was made in the APAC-Florida, Inc. proposal; however, it does not affect the final bid tally. A copy of the final corrected Bid Tabulation is attached (Attachment 1). FISCAL IMPACT: Funds are available in Road and Bridge Gas Tax Fund (313). Because there are insufficient funds available in Project 60172, Traffic Signals, a budget amendment transferring funds from Project 60020, Old U.S. 41 Improvements, will be necessary. Project 60020 has been put on hold pending updating of the roadway network. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #00-3084 to APAC- Florida, Inc., authorize the Chairman to execute the standard construction agreement after review by the County Attorney's office, and approve any necessary budget amendments. SUB M ITTEDB Y:'~,'~// ~(/'~.~a~f~/z, ('~ Date: ~--/,-/- ~ Dale A,,, Bathon, .P_..E,., T ..rdffftc70, perations Manager Edward J. Kan~P~E., Transportation Operations Director APPROVED BY: Date: Michael A. McNees, Interim Transportation Administrator Attachment(s) ,ATTACHMENT NO. I PAGE I OF ..... t ~ ATTACHMENT NO.J PAGE ~ OF I ~ AGENDA ITEM No.-!D ,~1\ ATTACHMENT NO, PAGE ~t OF \ IATTACHMENT NO. t [PAGE 5 OF AGENDA No. iO ~_-~ ~, ATTACHMENT NO. PAtE ~. Ot -- Z ~ ~ 0 w < z z ~ ~ ooOOo~ -- Z AGENDA A¥~~ACHMENT NO, _~ AGENDA ITEM No, t[.. ~,z)~ ! o E '~ rs) -- LLI LIJ W ~ 0 0 0 n-- ~ Z Z Z Z LL n O_ W _ w o o o r~ 5 -~'i 0 0 0,0 -a: 5 -~ o o AGE!':DA IYEM ATTACHMENT ~?AGE ATTACHMEN1' NO. P,~GE 'l \ OF AGF N',D~A No._.!f, ~ - IAlTACHN~ENl NO. PAGE \ ~ OF AG Eb.,:DA IT'~,2 k'1 No. 19 EXECUTIVE SUMMARY APPROVE CHANGE ORDER //2 FOR WORK ORDER #TE-98-TO-05 ASSIGNED TO TINDALE-OLIVER & ASSOCIATES, INC. FOR ROADWAY AND TRAFFIC SIGNAL IMPROVEMENTS ON GOLDEN GATE PARKWAY AT CORONADO PARKWAY. OBJECTIVE: To obtain Board approval of Change Order #2 to Work Order #TE-98-TO-05 issued under with Tindale-Oliver & Associates, Inc. (TOA), in the amount of $70,500 CONSIDERATIONS: On November 23, 1999, the Transportation Operations Department issued Work Order #TE-98-TO-05, Coronado Parkway Traffic Signalization Plan, to TOA under RFP #98- 2803 approved by the Board on October 13, 1998. On February 28, 2000, Change Order #1 was issued which revised Task #3 and Task #4 of the Scope of Services to provide for topographic survey data and preliminary construction improvements plans. Additional design services are required to correct existing drainage, sidewalk, and access issues along the south side of Golden Gate Parkway opposite of Coronado Parkway (Attachment 1). Staff requested TOA submit a proposal for the additional work, which TOA has done (Attachment 2). Staff and TOA, in conjunction with the Golden Gate Chamber of Commerce and the Golden Gate Civic Association, will be working with adjacent property owners to resolve the aforementioned issues and incorporate those elements into the signal improvements on Golden Gate Parkway at Coronado Parkway. Cun'ently, Work Order #TE-98-TO-05, combined with Change Order #1, has an agreement amount of $24,946.73. Change Order #2 will result in a revised agreement amount of $95,446.73, thereby bringing the design costs above the staff level xvork order limit of $25,000. A budget amendment is necessary to provide the funds for the additional services. FISCAL IMPACT: Funds are available in Road Construction - Gas Tax Fund (313), Reserves for Capital Outlay. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to execute Change Order #2 to Work Order #TE-98-TO-05 to Tindale-Oliver and Associates, Inc., in the amount of $70,500 for roadway and traffic signal improvements on Golden Gate Parkway at Coronado Parkway. Dale. A]'f3atbon, P.E., ~affic .Oi~era_tio~ls~anager REVIEWED BY: '.' '//" /' i 7. ,, ...:~I ~.l ~,- J. Kant, PE, Tr~;nsportation Operations Director ~[ ' , "/'}/ Michael A. McNees, Interim Transportation Administrator Attachments DATE: DATE: AGENDA ITEM BANK / ~ LIMITS OF PROPOSED ~~ X~%~ DRAINAGE, SIDEWALK x AND ACCESS IMPROVEMENTS ''~ ~ AGENDA ITEM , No. ~ ~~, ~7 GOLDEN GATE PARKWAY 8 CORONADO PARKWAY - SIGNAL ~ ROADWAY IMPROVEMENTS BOARD OF COLLIER COUN~ COMMISSIONERS TRANSPORTATION Transpotation Operations Depa~ment r)6,'14,'00 07:56 '~$13 226 2106 TINDALE OLIVER ~001,'002 TINDALE OLIVER June 13,2000 IATTACHMENT NO. ~ PAGE \ OF. ~,, Mr. Dale Bathon Cailler County 3301 E. Tamiami Trail, Bldg. G Naples, FL 34112 Re: Coronado and Golden Gate Parkway Intersection Revised Design Scope and Proposal Dear Mr. Bathon; AGENDA ITEM No, ~/~/~ I;~- Tindale-Oliver and Associates, Inc. is pleased to provide an updated proposal for the design and permitting of the referenced project. This proposal is updated based on our 5/11/00 field meeting with Dale Bathon from Collier County. Transportation Services Division at the referenced site. We understand that Collier County would like to revise the project scope to analyze the entire south side of Golden Gate Parkway between Tropicana Boulevard and Sunshine Boulevard. The existing roadway cross section on the south side of Golden Gate Parkway is.a combination of uncontrolled driveways and mismatched drainage facilities. Collier County would like to "clean this up" for a more uniform, aesthetically pleasing and functional section. With this in mind we have prepared the following scope and fee estimate for this project: Expand Existing Surveying Data: TOA will utilize existing survey base line data prepared in the initial agreement to develop additional site surveying data. This site survey data will include tract boundaries, topographic data and location for parking lots, buildings and other improvements between Tropicana Boulevard and Sunshine Boulevard from the Golden Gate Parkway south right-of-way line to include the alley easement along the back of the existing commercial facilities in the area. The survey will be done in order to support the proposed design improvements and permitting applications referenced later in this proposal, This survey will act as the base for the design and permitting of these improvements. Estimated Fee: $8,500.00 Master Planning: TOA will utilize the survey data and meet with Collier County Transportation Services Division Staff to develop a preliminary master plan for regulated access, coordinating alley access, designing drainage and aligning sidewalk facilities for the subject tract, When a prelimina[y master plan has been agreed upon, TOA will be available to meet with Collier County Staff and the property owners to review the master plan. TOA and Collier County will then revisit the master plan design based on the property owners' comments to further refine the project design. TOA and Collier County staff will then meet 1000 N, Ashley Drive, Suite 100, Tampa, Florida 33602 (813) 224-8862 Fax (8 ] 3) 226-2106 . ,~5 2106 TINDALE OLIYER ~002.'f~r)2 06.' 14.'00 f~7:56 8813 ~' '' TINDALE Mr. Dale Bathon June 13, 2000 Page Two IATT~CHt~£NT NO. with the appropriate design and permitting agencies to determine the minimum criteria for the subject site. Based on all of this information, the project master plan will be updated and an order of magnitude cost estimate will be prepared. This information will then be presented to the property owners for final acceptance of the preliminary master plan. Estimated Fee: $8,000.00 Engineerin9 De_sign and Permitting: Upon acceptance of the project master plan, TOA will prepare detailed construction drawings for the proposed improvements. At the 50% stage of these construction drawings, TOA will prepare and submit the appropriate construction permitting applications to the necessary agencies. TOA will then complete the design to accommodate comments and revisions requested by the design and permitting agencies so that the 100% design plans and permits are consistent. The fee estimate for the ED&P of the master plan is based on redeveloping the majority of this block. We recommend a budget for this task of: Estimated Fee'. $54,000.00 We will provide these services under our agreement 98-2003 "Annual Contract for Transportation and Traffic Engineering Consultant Service" contract dated October 13, 1998. The Surveying, Master Planning, Design, and Permitting services will be primarily provided by our consultant-team member, Johnson Engineering, Inc., with Tindale-Oliver staff providing oversight, review, and signalization design services. We believe that this outlines the surveying, master-planning and design efforts required for redeveloping this area. We look forward-to working with you on this most interesting project. Please review this carefully and if you have any comments or questions, please contact me. Sincerely, Tindale-Oliver and Associates, inc. William E. Oliver, P.E. Senior Vice President WEO:dlmt \\TINDALE',WEO\Coronodo.doc AG EN DA.I,TI~I'~ ' Pg . EXECUTIVE SUMMARY APPROVE WORK ORDER NO. JEN-FT-99-1-1A WITH JENKINS & CHARLAND, INC., AND WORK ORDER NO. PHA-FT-99-3-2A WITH PITMAN- HARTENSTEIN & ASSOCIATES, INC., FOR PARTIAL CEI INVOLVEMENT DURING THE CONSTRUCTION OF THE PROPOSED PALM RIVER BLVD BRIDGE REPLACEMENT & UTILITY RELOCATION. PROJECT NO. 69133. OBJECTIVE: To gain Board approval to amend the Palm River Boulevard Bridge Replacement and Utility Relocation design contract with Jenkins & Charland, Inc.(J&C), and Pitman-Hartenstein & Associates, Inc.(PHA) to secure their assistance during the construction. CONSIDERATION: In order to improve the flow carrying capacity of Cocohatchee Canal (north of Immokalee Road), Big Cypress Basin and Collier County entered into a Cooperative Agreement on February 3, 1998. According to the terms of said agreement, the county will replace the existing bridge at Palm River Boulevard with a wider and longer bridge before February 2001. Big Cypress Basin will reimburse the County $112,500 when the existing bridge is demolished and another $112,500 when the new bridge is constructed. We have negotiated two work order amendments with J&C, Inc. and PHA, Inc., for partial Construction Engineering and Inspection Services during Palm River Bridge and Utility Relocation Construction. The fees for the CEI services are $38,887($14,800 structural and $24,087 civil engineering). The construction is anticipated to be completed in six (6) months. FISCAL IMPACT: A budget amendment is needed to transfer $789,702 from Gas Tax Reserves and put in this project. This budget was originally set up in District 1 Impact Fees. This is not a growth related project and District 1 Impact Fees will be reduced by the $789,702 and put into District 1 Impact Fee Reserves. GROWTH MANAGEMENT IMPACT: Not applicable RECOMMENDATION: That the Board of County Commissioners approve Work Order No. JEN-FT-99-1 to Jenkins & Charland, Inc., and Work Order No. PHA-FT-99-3- 2A to Pitman-Hartenstein & Associates, Inc., and authorize the Transportation Engineering and Construction Management Department Director to sign the amendments and approve the necessary budget amendments. pg. I SUBMITTED BY: Mitch Momtaz, P.E., Project Manager Public Works Engineering Department REVIEWED BY:,. ,/ L//Jeff Bibby, P.E., Director, TE&CMD REVIEWED BY: Edward. /--~ ' ~'~~ Transp ortationSS(/t~vices Department DATE: DATE: APPROVED BY: /, t ,' [% /?f /~'~ ~ 'DATE: Mike McNees, Interim Transportation Administrator AGEN O/~ ITF.,,M WORK ORDER # PHA-FT-99-3o2A Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order (amendment # 2) is for professional engineering services for work known as (Title) Palm River Blvd. Bridge Replacement (Reason forProlect) To Improve the Drainage flow in Cocohatchee Canal and widen Roadway The work is specified in the proposal dated May 23,' 2000 , which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above,Work Order # PHA-FT-99-3-2A is assigned to: Pitman- Uartenstein & Assoclate$~ Inc, (Firm Name) Scope of Work: See the attached Scope of Work Schedule of Work: Complete work within 21...__~0 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated below. $24,087 (lump sum & N.T.E), see the attached schedule C for details Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Mitch Momtaz, P.E., Project Manager TE&CM Edward J. Kant, ~f!:Tector Transportation Services APPROVED BY: Jeff Bibby, P.E., TE&CM Director Date Date Date AG~.ND ~A IT__EM No. ~ ~---~ ~'© _ Approved as to Form and Legal Sufficiency: <"'%/ t e Assistaen~'~ounty At orn y AT3~EsT: · - ; fC6rgoratb, Secr6t~ry) By: Alan Hartenstein, P,E., Vice President ACCEPTED BY: Date: ,~ °$~:~ Pitman-Hartenstein & asspciates, Inc: By: . Signa'ture~~ WORK ORDER # JEN-FT-99-1-!A Agreement for Fixed Term Structural Engineering Services Dated January 6, 1998 (Contract # 9?-2?28) This Work Order (amendment # 1) is for structural engineering services for work known as {Title} Palm River Blvd. Bridge Replacement {Reason for Proleer} To Improve the Drainage flow in Cocohatchee Canal and widen Roadway The work is specified in the proposal dated April l J, 2000, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above,Work Order # JEN-FT-99-1-1A is assigned to: Jenkins & Charland~ Inc. (Firm Name) Scope of Work: See the attached Scope of Work Schedule of Work: Complete work within 210 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated below. $14,800 (lump sum) Any change within monetary authority of this Work department approval will be considered an additional Schedule "A" of the Agreement. Order made subsequent to final service and charged according to · Mitch Momtaz, P.E., Project Man~TE&CM Edward'J. Kant, P~o_r~Transportation Services APPROVED BY: Jeff Bibby, P.E., TE&CM Director Date Date Date AGENDA ITEM No. pg. L'I Approved as to Form and Legal Sufficiency: /A~c o-~unty Aftorkney7 ATTEST: (Corporate Secretary) By: Paul Carroll, P.E., Vice Presideo~ AGENDA ITEM No. May 23, 2000 SCOPE OF SERVICES Post Design Services Palm River Bridge Replacement and Utility Relocation Collier Coun _ty PROJECT DESCRIPTION The project consists of replacing the existing two lane Palm River Boulevard Bridge with a four lane bridge and relocating the existing utilities. Other improvements include widening the existing Cocohatchee Canal, drainage improvements, construction of a new mm lane on Piper Boulevard and installation of new signalization. This scope of services covers only the work detailed in the Roadway Plans, Signing and Pavement Marking Plan and Signalization Plans. II. INTENT The County desires to assure that the planned improvements are constructed in conformance with the approved plans and specifications. The County desires that the Consultant, through limited construction assistance services, endeavors to provide protection for the County against defects and deficiencies in the work of the Contractor. However, the furnishing of these services during construction does not guarantee the work of the Contractor, or the performance of the Contractor. III. ELEMENTS PROVIDED BY THE CONSULTANT The Consultant shall perform the following tasks: 1. Attend Pre-Construction meeting to provide responses to technical questions. 2. Respond to requests for additional information. Perform site visits to observe the construction for compliance with the plans and specifications. Site visits to be scheduled prior to and coordinated with project progress meetings where practical. AGENDA ITEM No, Pitman-Hartenstein & Associates, Inc. P:~F 1408.000\F 1408-scope.wpd Page I of May23,2000 Provide Roadway and Signal shop drawing reviews. Provide Record Drawings (1 set of 24"x36" prints), based on information supplied by the Contractor and County. Attend meetings when requested. Provide pertinent observation and certification of completion to the South Florida Water Management District. IV. RESPONSIBILITIES OF THE COUNTY The following items are not included in this scope of services and are assumed to be the responsibility of Collier County. 1. Conduct Pre-Coftstruction meeting and provide minutes of meeting. 2. Provide for geotechnical testing services and materials testing. 3. Provide full time construction engineering and inspection. 4. Provide shop drawing reviews for the various aspects of the project not noted above. 5. Review/approve Contractor request for payments. 6. Provide as-built drawings (compiled from site observations and from Contractor's as-builts) to Consultant for preparation of Roadway and Signal record drawings. 7. Provide final certifications to permitting agencies other than noted above. Vo PROVISIONS OF WORK Project documentation will be provided to the county in written and/or computer format as appropriate throughout the project. AGENDA ITEM No, t~4~% - Pitman-Hartenstein & Associates, Inc. p:XF 1408.000LF 1408-scope. wpd Page 2 of 3 May23,2000 VI. COMPENSATION Task Fee LS or NTE 1. Pre-constmction meeting $ 532 L.S. 2. Respond to requests for additional info.$ 1,277 N.T.E. 3. Site observations $13,276 N.T.E. 4. Shop drawing review $ 1,590 N.T.E. 5. Record drawings $ 2,500 L.S. 6. Meetings $ 3,296 N.T.E. 7. SFWMD certification $ 607 L.S. Expenses (estimated) $ 1,000 L.S. TOTAL $ 24,078 See attached sheet for breakdown of fee and manhours by task. All tasks with related fees are eligible for work in progress payments. Pitman-Hartenstein & Associates, Inc. P:XF 1408.000\F t 408-scop¢.wpd Page 3 of 3 JENKINS & CHARLAND Conxu!t[n9 Eng~ne-.zrs Fort Pierce Sarasota Fort Lauderdale Apn! !4, 2000 Mitch MomlaJ. I~ ColIleX County. Government Pubhc Works Count)' Govcmmcttl Ccnle~ '{30I Ea.qt Tarmare! Trail Naples, Florida 23962 PROFESSIONAL ENGINEERING SERVICES FOR Till:: PA1.M RIVER BRIDGE REPI.ACEMENT PROJE~.C~T (ADDITIONAL SERVICES - (;ONSTRIJC'. FION ENGINE. ERING & INSP'ECTION PHASE) U)~ M: Momta/ As per your rcquCsL we would be pleased to prow~ adCh_ IJonal professorial sm~tural engmeenng set. cos for 1) tl~ mochfication of!he existing 24" watcr hnc Su13poas and 2} the con.~mcfitm phase of the. above rcferenced lmO. le(~ and m.,c~h to gularn.i! the fol!0wmg lraopor, al The scopc of serx'tces is given in the alhachcd ~";,('tlk! )1 ILl: 'A' II'uc iL%~s lot the project are broken down a.', ~vcn m S(:HF.I)IJIJ': 'B' for each }Icm of work. The fee fo~ the ~,rdt~ line supp~l mod~ficalaon includes the anmum rc:quesuxl [W' Hartman and A.,~,ocia~es. Inc as per EXHIBIT 'A' enclosed Thc ~,chtxtulc for tt.s work is dt~.x~q~d m S('HI(I)UI ,i C An) eddilionaI a'mk authonzcxl b)' you will he billed at o~n cunra~t houTN ~alcs m addimm 1o lhc lump Set, aces $peofically excluded are: sod mvm'aigation, t,,cotcchm~val cngmcenng. engtm:cJm8 services Ilia! ~ normally prm~Jded by. Speciah,~ Enl~neers, pnntmg and diOr!Darien of drawings fo~ ix:mulling, btddmg and/or construction. architCClUml dc~i?;n ;.red Ck'~i~ng, ~ civil/~te work cx~n.,amcticm c:np)nccrmg and ms~cc'tma~. 't'hc tt~m$ cff our c:ontmuing scrvlccs agreerock: would rc'~m m c~I6cl Very truly yours, JENKLN ~.~ (THARL~D. IN( Paul E Carroll_ P E V~ce th-esiclenl Ericlegate. SCIqEDUI.ES A B AND £' EXHlIIIT A AGENDA I'FEM No !(¢ '- - :, .- t ~__J Pg. q 12381 Cleveland Avenue, Suite 204, Fort Myem, FI 33907 SlrLJctt~ra[ - Civil JENKINS & CHARLAND ~N~ORPOR~T[ D Structural SCHEDUI,E SCOPE OF PROFESSIQNAL SERV1CES FOR_~.Q.N.~TRUC_TJON PHASE ENGI_Nb~ERItN_G TH~ PALM RIVER BLVD BRIDQE AT ~OK_A_I..F~. RQ ~AI._) COI_~! H:~ COl :,'NrFY PRO,IEC'I' NO. 691..t3 AND SPE(.'IA!. SE_R..V__I.C.I;.jt~ Section 1. GENERAL SCOPE STATEMF. NT The CONS[].TANT shall p.~vidc arid petri., m the fidlowing professional sm vices which slmll const~lute the GENERAl. SCOPE of services tinder the covenants. terms and provismns ofth,s PROFESSION AI. SER VICFS A( ;REF. MENT 'Ilae CONS[/I.] ANT shall prepare a plan revision to modifY,' two existing pipe supports in addition to the new supports to he construeled 'Fhc CONSUl .TANT shall provide se~vicc~ during ctmstrtict~on ti~r the bridge and p~pehnc cr~,ssmg supports based on the bridge plans tbr lh¢ project Services dunng constiuction do not i.clud¢ proloci requirements not shown on the,~e specific ,&e~ss, xm:h a~ lmv~ng dialnasa, t,ilities, maintenance traffic~ etc Section" TASKS Pursuant Io the General Sc~:pe of Ihc Basic gc-rvict:s slated hcrcmabovc. the CONSUI.TANT shall perform all services and/or work he. tessaW to complete the tifflowing ta~ks and provtde the ~bllowing items which are ennmeraled 1o c~.respond to the tasks and items set forth in S('HEI)I TASK 14 0 REVIS O_N.TO 5..U_PJ.'QR A'5 Prepare details for extending the cap and adding driven bearing piles at two existing pipe ~pporI locations. Provide reproducible drawing for inclusion imo lhe proiec~ plan sel inchide research by Harlman and Associates as detailed in F. XItlBIT A '_F..A~K _t_S:0_ SF._RV!CES DI. IRING ItR1DGF. CONSTRI, The CONSLJL'I ANT shall furnish professional services to ensure the integ follows T~,sk 15 01 Precon$truction Conference' 12381 Cleveland Avenue, #204, Fort Myers FL 33907 (941) 939- 1414 ~. Fax (941) 278-4289 e-mail: ffm~jcstructural.com ~_ty of the design intent as AGENDAiTEM W Palm Beach F[ & Atian~ GA JENKINS & CHARLAND I NCO~ P121 ~AT[-- L~ Consu!tlng Engineers Fort Pierce.. Sarasota Fort Lauderdalr The CONSI~J'FANT shall allend a preconstmction e~mti~rence prim to the start of construction of the bridge !'ask ! 5 02 .~'jeld Ob~c~ations' The CONSUI.TANrF shall make field observations of the bridge construenon to ob.~a-ve as an experienced and quahfied design professional the progress and qualily of the executed work of the Contractor and ,o determine. in general, if such work is proceeding in accordance with the contract documents for the bridge construction and pipe support construction only The CONSUI.TANT shall prepare a written reporl for submittal m the CO[]~TY within 10 calendar days of each vigil The CONSULTANT shall not be responsible fo~ the means, methods, techniques, sequences of procedures ofconstmchon selected by the work of the Contraclot The CONISI iI.TANT shall not ' be ~esponsihle for the failme of the Contraclot to peril. m the work in accordance with the contract documents. Task 15 Q! - ~hop Dra~y~n8 Review' The CONSII1.TANT shall review shop drawings which the Contracttu is ~eqmred to submit, but only tbr confomlance with the design contra! of the lnoiec! and compliance with the eontrat~ documents The CONSUl .T& NT shall respond to requests of tt,c COl .~NIY fbr necessary cla~ ifications and interpretations of the technical specificslions and construction dm,.vings during the construction phase Task 15 (15 - Final InSW.~ii~9.L~ The CONSI/1,TANT shall pa~tic. ipale in one pre-¢mal lnspc. ctitm tbr the purpose of determining if the projet1 is substantially comp}ctc and parficipme in tbe p~cpmation of a written "punch list" of incomplete, defective or deftciera i~ems The CONSt YI.I'^NT shall participate in one final inspection together with COI JNTY and Conlracto~ ,cpresentatives 1o axsure that all "punch lisl" items are completed and that ~he wink is cx~mpleted in accordance with the contract documems AGENDA ITEM No.- lie ~ ii · ! 12381 Cteve!and Avenue, Suffe 204, Fort Myers, FL 33907 Structural Civil JENKINS & CHARLAND IN C O R PO RAT[ ~ Congutting Engineers SCHEDULE 'B' C.~OMPENSATION $C HEDI..ILE FOR CONSTRUC..T~ION PHASE EN_.~.j_~_ EER1NG OF THE P~ RlyER BLVD BRIDGE ~T ___IMMQ._KALF. E ~QAD CO[~[,_[ER CO~Y PR~QJ~..CT ~NO.. 60 ! )3 The following ~.ump sum fees shall apply !o the associated work tasks giver: below Task !4 0 Pipe Support Modifications Design $2,000 00' Task 15 O1 Prcconstniction ('oni~,rcncc $540.00 Task 15 02 Field ()bse~ vations $9.920.00 Task 15 Task '['ask 15 05 Final Inspection $720 fix) '{'()TAI. FF.t( $14,800 00 *Includes tk, c fbr ttartman and Associales (See It.:XItlBI'F .,\1 Fort Pierce Sarasota Fort Lauderdale IIII iii 12381 Cleveland Avenue, Suite 204, Fort Myers, [:1 33907 AGEND,~. ITEM No.- '-... Structural - Civil JENKINS & CHARLAND I.N CORPORA T F D $!rust:.rat Engin~ars Structural- Civil SCH EDUI,I,: '¢" PROJECT SCHEDUI,E FOR~_ONS~N PtlAS~ ENGINEER1NG~OF 'tHE PALM RIVER BLVD BRiI)~a~AT I~MMOKAI,EF ROAD COLLIER CO~Y ER__QSE_CT__NO 6o The schedule for completion of TASK 14 0 will be within on,.-. week ofauthori;,ation of'this work by the COUNTY. The .~hedulc for completion for all item~ under 'FA,RK 15 0 shall he based on the time ofconstn,ctitm of ~he project AGEND/~, ITEM No_ _~ t~l~ ..... )._:3 12381 Cleveland Avenue, #204. Fort Myers f I 33907 (941) 939 1414 <, Fax {941) 278-4289 e-mail: ftm(~jcstructuml.com I oct Lauderdale FI ~, Fart Pierc~ FI Orlando FI ~ Sarasota F[ W Palm Reach F L ~ Atlanta GA HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & ma~m~menl consultants April t?., 2000 ltAI//98 359.02, t' I Mr. Paul Carrolls P E. Jenkins & Charland, Inc. 12381 Cleveland Avenue, Suite 204 Fort Myers.~ Florida 33907 Subject: Palm River Boulevard Utility Crossing, {.:oilier County, Florida Dear Mr. Carroll: We are incurring some t:nanticipated time and cfl~rt in researching the depths of existing pilings in the two (2) existing' piers supporting the two (2) 24-inch diameter pipes near the north bank of the (:ocohntchec Canal We have discussed this with Mr. Mitch Mumm& considering payment for this added work. itc did specH), however, that all additional activities associated with this, b.': those incurred hy I tA1, Jenkins & (~harland ~'~glc au~orizatkm and ~al is to originate from Jenkins & Chin laml, Inc. Out eftoffs ~ summmizcd belo~ ~sing hourly c(~sts included in our Agret:ment with Collier Telephone discussions or correspondence researching "as-built" drawings/discussions w/Engineers on previous projects regarding; their "recollections". Discussions {~nd meetings with Collier Pitman-Hartenstcin regarding proposed methodology ~o smbilizcl _existing piers T()'I'AI, $265.00 $310.00 This additional payment requested totals $575.00. We req.csl that you include this in your reqtms'~ m Collier County. Very truly cc: Ada Tcrrcro, 1tAI Accounting DCW/hw/fin~, '-37/carroll.dew 4-t15 MI71'R~3 PARKWAx_ * MI]I't .~lh - t(~R'. MY :R~,.I 1. ~;491o 'Iq{I.i:PiI( ~Ni,.: 19 't: ) 277-r, i qq - fAX (941 } 2"-' '~1 ~') - ~,o, ~ ~, ~,p. tdl~iai , olrl EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO LANDSCAPE FLORIDA, FOR RADIO ROAD MEDIAN LANDSCAPE IMPROVEMENTS, BID NO. 00-3072 OBJECTIVE: To receive Board approval and award of a construction contract for Radio Road median Landscape improvements to Landsrape Florida in accordance with Bid No. 00-3072. CONSIDERATIONS: The landscape design firm of WilsonMiller has completed the design of the Radio Road median landscape from Airport-Pulling Road to Santa Barbara Boulevard. Bids were opened on May 19, 2000. Performance time for Bid No. 00-3031 is 90 calendar days for substantial completion and 120 calendar days for all work and final acceptance. The bid stage activities and results for the Radio Road Median Landscape Improvements are summarized below: (1) The Project was advertised for bids on April 20, 2000. (2) A pre-bid conference was held on May 3, 2000. (3) The bid opening was conducted on May 19, 2000 by the Purchasing Department staff. (4) Three (3) bid proposals were received. Staff has evaluated the bids for the lowest amounts as tabulated below. Landscape Florida's bid of $601,683.63 is the lowest bid amount. Bidder LANDSCAPE FLORIDA Hannula Landscaping Inc. Arozoza Brothers Landscape Architect's Estimate Total Bid Amount $601,683.63 $774,995 $1,192,263.14 $607,472.50 FISCAL IMPACT: The MSTU requests that funds in the amount of $160,000 from the Road Assessment Receivable Fund be transferred to the Radio Road MSTU Fund to fund the estimated construction costs of $759,100. There is $482,000 currently appropriated in capital outlay. In addition to appropriating the $160,000 loan proceeds, the balance of funding for improvements will be from reserves S65,400 and from available operating expenses $42,500, and appropriation of carry forward $1,400, and Miscellaneous Revenue of $7,800. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Award a construction contract to Landscape Florida in the bid amount of $601.683.63. (2) Direct the Board Chairman to execute the construction contract with Landscape Florida. (3) Approve the necessa~ budget amendments. Peter S. Hayden, E.[., Project Manager ~ ..... Transpoaation Engineering and Construction M anagcmcnt t~BMITTED BY: ! Radio Rd'd Median Landscaping Bid Number 00-3072, Page 2 of 2 REVIEWED B ~ Date: ////Jeff ~ibby, P.E., DireCtor ~ Transportation Engineering and Construction Management Department REVIEWED BY: ~'~.sJ Gwen Butler Interim Director, REVIEWED BY: . ~ Edward J. Transportatio~ APPROVED BY: Purchasing/General Services -vices Director Mike McNees Interim Transportation Administrator Attachments: Bid tabulation sheet Bid proposal AGENDA ITEM No. NO., EXECUTIVE SUMMARY APPROVE CONTRACT FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES BY WILSONMILLER, FOR PINE RIDGE ROAD WIDENING FROM AIRPORT ROAD TO LOGAN BOULEVARD, PROJECT NO. 60111, CIE NO. 41. OBJECTIVE: To receive Board's approval of the negotiated contract for Construction Engineering Inspection (CEI) services by WilsonMiller for the Pine Ridge Road widening construction project. CONSIDERATIONS: On May 23, 2000, the Board authorized staff to begin contract negotiations with the top ranked firm for CEI services for the Pine Ridge Road widening construction project. Staff began contract negotiations with WilsonMiller, the number one ranked form and has successfully completed the scope and cost of the CEI services with WilsonMiller as summarized below. Task No. 1 Task No. 2 Task No. 3 Task No. 4 Construction Engineering, Inspection / Administration Reimbursable Expenses Survey Services Laboratory Testing TOTAL CONTRACT AMOUNT $ 947,376.00 $ 2O,250.OO $ 71,064.00 $...40,000.00_ $1,078,690.00 A copy of the Scope of Services and Fees Schedule are attached. m,. FISCAL IMPACT: A budget amendment is needed to transfer $1,078,690 from Transportation ~' Capital District 1 Impact Fee Reserves and put into this project. Funding source is Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No.41 is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a construction engineering inspection services contract to WilsonMiller, Inc. in the amount of $1,078,690,000 and authorize the Chairman of the Board to execute said contract. Peter S. Hayden, E.I., Project Manager Transportation Engineering and Construction Management Department AGENDa, ITEM No._1i~ ~.'X' _ Executive Summary Pine Ridge Road Project #60111 CEI Contract, Page 2 of 2 REVIEWED BY .~/-/-.5 ~ Date: d//~:?~.'>=) (j. JeffBibby, P,E., Director Transportation Engineering and Construction Management Department REVIEWED BY: ~txx..~,~,' Gwen Butler, Interim Director, Purchasing/General Services ! APPROVED BY: L//"/~L /"d_ [fi{ 1,~ J.;_~ Mike McNees Interim Transportation Administrator Date: Attachments: Scope of Services Fee Schedule AGE. ND& ITeM No. !(,~ © ~.~ WilsdnMiller New Directions In Planning, Design & Engineering June 6,2000 Mr. Peter S. Hayden, Project Manager Public Works Engineering Department Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 Subject: Scope of Services/Fee Schedule Pine Ridge Road Widening CEI County Project No. 60111 RFP No. 00-3053 Collier County, Florida Dear Mr. Hayden: Pursuant to our meeting on Friday June 2, 2000, we are pleased to submit our fee proposal with the scope of services for the project referenced above. This submittal incorporates the changes you requested. It is based on a construction duration of 390 days and a 50% involvement of a night inspector. We have assumed the inspectors will work extended hours averaging 40% overtime. We look forward to providing this service to the County. Please contact me should you have questions or require additional information. Sincerely, '~ Thomas A. Primavera, C.P.E. Manager - Construction Services Associate cc: Mr. John H. DeWinkier, P.E. enclosures AGENDA ITEM No. l(, ~ ~% Naples. Fort Myers · Sarasota. Bradenton · Tampa 3200 Barley Lane, Suite 200 · Naples, Florida 34105-8507.941-649-4040 · 941-643-5716 fax wrncei2~atLnet-- www. wilsonmiller. corn 14f~onMitler Inc -- FL L~c.# L C.-COOOf 70 0003 hay~ente~lervvmlt~d doc * W- f~5,'00 9.32 AM WILSONMILLER, INC. SCHEDULE A - SCOPE OF SERVICES COUNTY PROJECT 60111 RFP NO. 00-3053 PINE RIDGE ROAD PROJECT (CR 31 to Logan Blvd.) COLLIER COUNTY, FLORIDA June 6, 2000 Introduction WilsonMiller, Inc. will provide construction engineering and inspection (CEI) services on the Pine Ridge Road project from CR31 to Logan Boulevard. Services include, but are not limited to, inspection, sampling, on-site testing, documentation, and other contract administration services required by Collier County. Collier County has defined the Pine Ridge Road project as follows: Improving the existing urban four lane divided roadway by widening to the outside and creating a six lane divided highway with median improvements to include left turn lanes for a three mile section of roadway between CR 31 (Airport-Pulling Road) and Logan Boulevard. To minimize congestion at Interstate-75, widening of the northbound on-ramp and the Southbound off-ramp will permit increased access. The southbound off-ramp widening will allow two lanes turning left onto the eastbound Pine Ridge Road and two lanes turning right for westbound Pine Ridge Road. For the northbound on-ramp, the eastbound left turn on Pine Ridge Road will be increased to two lanes and the on-ramp will be widened to allow an increased volume to be received from Pine Ridge Road. In addition, the northbound off-ramp signals will allow for two left turn lanes onto the westbound Pine Ridge Road. New signalization will be constructed to facilitate these turning movements for the Interstate-75 ramps. Other work will include milling and resurfacing of the existing pavement, asphalt base course widening, new curb and gutter on the outside and the median, concrete sidewalk on both sides of the road (except at 1-75 where the sidewalk will only be on the north side), storm drainage with modifications to existing retention ditches adjacent to the roadway, construction of a gravity wall under the 1-75 bridge to facilitate the widening design. Over 9,700 lineal feet of 8" and 20" reclaimed water main extending from Cougar Drive to just past 1-75. New mast arm signals will be constructed at 10 locations: 1. Carillon/YMCA 2. Kensington/Cougar Drive 3. Livingston Road 4. Whippoorwill Lane 5. 1-75 southbound ramps 6. 1-75 northbound ramps 7. NAPA Boulevard 8. Vineyards Boulevard 9. Logan Boulevard 10. Fire Station at Sta. 1063+00 An inter.connect line throughout the length of the project will synchronize signals. New highway lighting will be constructed on both sides of the roadway throughout the length of the project. 6" PVC conduit will be constructed under the pavement to facilitate future irrigation to the medians. Other incidental work includes highway signing, temporary pavement markings after friction course is constructed, and installation of thermoplastic pavement markings 30 days after the friction course has cured. PROVIDED BY COLLIER COUNTY: Collier Count3' shall provide contract administration through the execution of the Construction Contract Documents and shall also process the Contractor's pay requests, change orders, supplemental agreements, shop drawings, and plan/specification changes. Collier County shall update their web page with information submitted by WilsonMiller and communicate with the news media so the County can maintain a consistent dialog with the public for all projects. PROVIDED B Y WILSONMILLER: CONTRACT ADMINISTRATION AND INSPECTION SERVICES Administration · Set up and maintain all project records in conformance with County requirements · Prepare and maintain density log book, pipe log, MOT log, field books and Microsoft Access Database before construction begins · Process shop drawings to County's Project Manager only if structures require change or as otherwise required in the Contract Documents · Conduct pre-construction conference · Conduct construction progress meetings every other week or more often as required · Monitor construction to conform with contract documents and permits · Maintain project diary in County's format · Monitor materials to comply with specifications · Samples/Reports reviewed and filed · Check monthly pay estimate submittal from contractor and submit to County Inspection · Monitor construction operations · Inspection and reporting in accordance with County procedures · Work zone traffic control inspection by Certified Traffic Control inspectors · Daily check of asphalt plant records on asphalt mix production days · Inspection ofsignalization and lighting Field Testing · Materials sampling/inspection by certified technicians · Sampling frequency will meet FDOT requirements of the Material Guide Schedule (Except Class I Nonstructural Concrete testing will not be required Samples tested, reviewed and filed - - AGE~IDA ITEM Pavement core reports-reviewed and filed Liaison · Maintain communication/document as desired by the County Project Manager · Coordinate with County Project Manager and Engineer-of-Record for post-design services or design changes · Coordinate with County Project Manager on critical issues · Provide Public Information liaison · Coordinate with utilities throughout duration of the project Equipment (supplied within Hourly Rates) · Pick-up trucks (fully equipped) for all Inspectors · Troxler 3440 or 3430 and Speedy Moisture testers · All thermometers and density/moisture gauges calibrated · Photo equipment-35 mm or digital camera and VHS video recorder · Cellular telephones for all inspectors · Computers with modem · Software as required to be compatible with Collier County · Safety' equipment (strobe lights, safety vests, hard hats, flashlights, etc.) · Concrete testing equipment (Slump cone, thermometer, Roll-O-Meter, wheelbarrow,etc) · Specification books and manuals · Microsoft access software for detailed printout of contractor' s progress. · Fully equipped inspectors carry all test equipment required · Turbidity meter if required PUBLIC INFORMATION OFFICER · Receive, log, and respond to public inquiries · Transmit public inquiries to County's Project Manager · Submit monthly newsletter of progress to County's Project Manager · Conduct Public Information Meeting prior to the start of construction Be accessible to property owners and traveling public FIELD OFFICE EQUIPMENT · Four (4) telephone lines (2 incoming/outgoing, 1 fax, 1 modem) · Copy machine · Office furniture · Office supplies · Internet access · Printer · File cabinets FIELD OFFICE · Trailer on Collier Count5, Library site, or office space as otherwise approved by the County's Project Manager SURVEY SERVICES · Check horizontal and vertical control prior to construction · Pre and Post construction survey of roadway every' 500 feet · Check earthwork quantities using surveys stated above btS/O~ 9:32 ^M ~( - 00~3 scope d~c AGENDA ITEM No, pg. ~ LABORATORY TESTING Strength tests for structural concrete LBR for stabilization and limerock, if applicable Verification oflimerock liquid limits and carbonates Proctors · Ph and organic testing for top soil verification · Bulk specific gravity for asphalt mix control strips · Random extraction gradation for asphalt mix at plant EXCLUDED SER VICES The following is specifically excluded from the services to be provided by WilsonMiller, Inc.: · Asphalt plant inspector · Approval of shop drawings · Class I Nonstructural Concrete testing · FDOT reporting, recording, and data entry except as stated above · FDOT district laboratory testing · Re-establishing control points damaged during construction AGENDA ITEM No. 14, ~,% Pg. ~ WilsonMiller, Inc. Schedule B CEI Fee Schedule County Project 60111 RFP No. 00-3053 Pine Ridge Road Widening Project (CR 31 to Logan Boulevard) Collier County, Florida June 6, 2000 TASK 1 - CONSTRUCTION ENGINEERING, INSPECTION / ADMINISTRATION Project ManagedPIO (PC4)(St.) Office Engineer (PC2) (St.) Admin. Assistant 2 (AM2)(St.) St. Inspector (FT3)(St.) 40% Overtime Roadway Inspector (FT2)(St.) 40% Overtime Util/Night Inspector (FT2)(St.) 40% Overtime 1038 Hrs. X $105 = 2595 Hrs. X $75 = 1297.5 Hrs. X $50 - 2595 Hrs. X $70 = 1038 Hrs. X $82 - 2422 Hrs. X $60 = 969 Hrs. X $70 = 1124.5 Hrs. X $60 = 450 Hrs. X $70 -- Task 1 subtotal $ 108,990.00 194,625.00 64,875.00 181,650.00 85,116.00 145,320.00 67,830.00 67,470.00 31,500.00 TASK 2- REIMBURSABLE EXPENSES Public Information Location Signs 2 ea X $500 = Multimedia Productions (Public Presentations) = Public Meetings (Supplies/Rental) = Variable Message Boards (Rent) 50 days X $85 = Public Notices (Newspaper) = $ 1,000.00 5,000.00 2,000.00 4,250.00 2,000.00 $ 14,250.00 Field Office 15 Months $ 400.00 / Month $ 6000.00 Task 2 subtotal TASK 3 SURVEY SERVICES Office Support: Project Surveyor - PSM (PC4)(St.) 138.4 Hrs. X $105 = Survey Technician (CT3)(St.) 207.6 Hrs. X $70 = Field Crew: GPS Crew 19 days X $960 = 3-Man Crew 27 days X $880 = $ 14,532.00 14,532.00 18,240.00 23,760.00 Task 3 subtotal 947,376.00 20,250.00 71,064.00 TASK 4- SUBCONSULTANT - LABORATORY TESTING - FORGE ENGINEERING, INC. See Forge Engineering proposal dated May 31, 2000 (Note: $5,080.00 contingent amount is included) Task 4 subtotal TOTAL PROJECT FEE $ 40,000.00 $ 1,078,690.00 X6'~ N ~A I~EM o o o z FORGE ENGINEERING INC. FORENSIC, GEOTECHN]CAL AND COI'~IST RUCTION CONSULTANTS May 31,2000 Mr. Torn Pdmavera WilsonMiller, Inc. 3899 Golden Gate Boulevard West Naples, FL 34120 Phone (941) 348-3920 Fax (941) 348-3921 Subject Proposal for Construcbon Materials Testing Pine Ridge Road Six-Laning Air13ort-Pulling Road to Logan Boulevard Nap[es, Collier County, 'Florida Forge Engineering Proposal Number 112--015.01P Forge Engineering Inc. (FORGE) is excited to be a part of your team on tins project This proposal include,4 the project information provided to us, our proposed scope of work and our fee schedule for these services. Project Information Our understanding of this project is based on discussions with you, review of the project plans and specir~.,ations, together with some assumptions that we have made based on our experience in the area. We understand this project will consist of Construction Engineering and Inspection (GEl) services during the six-laning of Pine Ridge Road, which will extend from Airport-Pulling Road to Logan Boulevard. Thi~ project wifi include expanding tim exi~ng road along approximately 3.3 miles of four-lane roadway, along with the installation of associated ~tilities, Proposed Scope of Work Considering the proje~-'t information outlined above, discussions with you, and our experience on similar projects, we have developed a scope of work 1hat should meet your needs for testing associated with this project. A summary of our services includes: · Provide an engineering technician to perform field densibJ tests as requested by your representatives. Provide cylinder molds and test co~cr~te cylinders delivered to our laDoratory and report results to team members designated by you. Prov~le an engineering technician to cast cylinders in the field as requested by your representatives. · PromOe a senior engineering lechni~an to perform periodic observalJon of the batch plant quaEty control testing records at the asphattic concrete producer's plant AGEHD~ ITEM (~200 SHIRLEY ST,, SUITE 204, NAPLES, FLORIDA 34109 · (941) 514-4100 · FAx (941) 514-4161 · E~i~: forgeS'gate,net Pg. for C.c~ M~tena~$ Teeing · Perform Standard Proctor laborator7 testing, pH testing and orgamc content testing on soil samples delivered to our laboratory by your personnel. · Perform bulk specific gravity testing on asphaltic .concrele cores to evaluate conformance with project specifications. · Provide geotechnical consulting services on an as-needed bas~s. Our testing will be completed in general accordance with applicable FDOT, ASTM and ACI guidelines. Schedule We will beg~n work on this projecl upon written acceptance of this proposal. In order to schedule our personnel effectively we require at least 24 hours advance no{ice prio~ to visiting your site, Fee We will invoice our services based on the unit rates shown in the table bek~w, which are in accordance with our "Fixed Term Mateolois Testing Services" contract with Collier County Government, Also shown in the table is our estimate of the quantities of testing that wil~ be reql~jred on. ,this project. ITEM ESTIMATED UNIT RATE ESTIMATED FEE NO. OF TESTS Stanclard Proctor Test 35 $70.00/test $2,450 Soil pH Tesang 50 $12,00/test ... ~ .... $oi~ Organic Testing 50 $28.00/test $1.400 Lab Preparatmn of Soil 70 $11.00/sample $770 Samples Concrete Cylinder Compresslye Strength Tests 200 $6.00ftest $1,200 (provided to our laboratory) Sen~' Engineering Technician to observe 500 $43.00/hour $21,500 batch records of aspbaltic concrete, per hour Aphaltic Concrete Cores 50 $50.00/test $2,500 Bulk Specific Gravity Testm9, per lest ·.P_ri~ncipal_ Engineer Time 50 hours. J $90.00/hour ,$4,5.00 . AGEND.~ No, Fo,'~ P,"~lx;~l No. 112-0~'$. A/e recommend a preliminary budget of $40,000 be used for our serwces on this project We will submit an invoice monthly and at the completion of our scope of work. The invoice is due upon receipt. Late payments will be invoiced at a rate of 1.5% per month, together with collection and atlorney's fees. We reserve the ng~t to suspend services, as well as dispose of any documentation that we have agreed to retain, in the event that your account becomes dehnquent. Limit of Liability We will maintain insurance coverage in effect during our scheduled durat~3n of involvement with th~s prelect. The applicable laws of the State of Florida will govern all the ,services performed in fitis study. Our limit of !~ability on th~s project shall be in accordam wrth our 'Fixed Term Materials Tesbng Ser',nces" contract with Collier Counly Government Authorization To authorize our services and to make this pro~sa! the contract between us please indicate ;your acceptance on the signature sheet of this proposal and return to us a copy for our files We appreciate the opportunrty to submit this proposal and look forward to working with you on this and future pro~ects Sincerely, Forge Engineering. Inc. W. Mark Sparig, P.E. V,me-President Matt H Nolton, P.E. Vice-President Distnbution: 2 - Addressee 1 - File Proposal Accepted By: PrintedfTyped Name: F~rm Name: Date: AGENDA ITEM WILSONMILLER SCHEDULE OF FEES Standard Hourly Rate Overtime PC 1 Professional Consultant Level 1 $60.00/Hr. PC2 Professional Consultant Level 2 S75.00/Hr. PC3 Professional Consultant Level 3 S90.00/Hr. PC4 Professional Consultant Level 4 $105.00/Hr. PC5 Professional Consultant Level 5 $120.00/Hr. PC6 Professional Consultant Level 6 $135.00/Hr. PC7 Professional Consultant Level 7 $150.00/Hr. PC8 Professional Consultant Level 8 $175.00/Hr. CT 1 Computer Technician 1 S50.00/Hr. CT2 Computer Technician 2 S60.00/Hr. CT3 Computer Designer 3 S70.00/Hr. CT4 Senior Designer 4 S80.00/H_r. FT1 Field Technician 1 S50.00/Hr. FT2 Field Technician 2 S60.00/H.r. FT3 Field Technician 3 S70.00/Hr. GS 1 Geographic Information Systems Analyst 1S60.00/Hr. GS2 Geographic Information Systems Analyst 2S75.00/Hr. GS3 Geographic Information Systems Specialist 3590.00/Hr. GS4 Geographic Information Systems Specialist 4$105.00/Hr. AM 1 Administrative Assistant 1 S35.00/Hr. AM2 Administrative Assistant 2 550.00/Hr. SC2 2 Person Field Crew S95.00/Hr. SC3 3 Person Field Crew $110.00/Hr. GPC GPS Crew $120.00/Hr. $70.00 $82.00 Unit billings, such as printing and survey materials, will be billed at WilsonMiller standard rates (Schedule available on request). All other out-of-pocket expenses will be billed at cost + 15%. AGENDA I'(EM No~ IO ¢'--,~"% EXECUTIVE SUMMARY A RESOLUTION APPOINTING AND AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR, THE TRANSPORTATION ADMINISTRATOR, THE TRANSPORTATION OPERATIONS DIRECTOR, THE TRANSPORTATION PLANNING DIRECTOR, THE ENGINEERING & CONSTRUCTION MANAGEMENT DIRECTOR, AND THE STORMWATER MANAGEMENT DIRECTOR TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS, AND OTHER DOCUMENTS PERTAINING TO THE CONSTRUCTION OF PUBLIC WORKS IMPROVEMENT PROJECTS. OBJECTIVE: That the Board of County Commissioners approve and adopt a Resolution appointing and authorize certain division administrators and/or department directors to execute grant applications, permit applications, and other documents pertaining to the construction of public works improvement projects. CONSIDERATIONS: On September 28, 1999, the Board adopted Resolution No. 9%374, which dealt with signature authorization for the expedient processing of applications for grant and permit applications related to public works activities throughout Collier County with local, state, and federal agencies. It is necessary to officially appoint and have on record those County officials authorized to sign said applications on behalf of the Board. This Resolution has been updated to delegate that authority as noted subject to defined limitations for the duration of specific public works improvement projects. This Resolution will supersede Resolution No. 99-374. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and adopt the attached Resolution. SUBMITTED BY: Edward?. K~.nt, PE,~f~fisportation Operations Director APPROVED BY: Michael A. McNees, Interim Transportation Administrator DATE: 6/2/00 D ATE:C~ AGENDA I'~'EM ~0 ' ' ~':' ~( ' 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 RESOLUTION NO. 2000- A RESOLUTION APPOINTING AND AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR, THE TRANSPORTATION ADMINISTRATOR, THE TRANSPORTATION OPERATIONS DIRECTOR, THE TRANSPORTATION PLANNING DIRECTOR, THE ENGINEERING & CONSTRUCTION MANAGEMENT DIRECTOR, AND THE STORMWATER MANAGEMENT DIRECTOR TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS, AND OTHER DOCUMENTS PERTAINING TO TIlE CONSTRUCTION OF PUBLIC WOP, KS IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners of Collier County, Florida, has a need for 15 public works activities throughout the County which require application for grants and permits through 16 local, state, and federal agencies; and 17 WHEREAS, it is the intention of said Board to make applications and submit documents to local, 18 state, and federal agencies; and 19 WHEREAS, in order to expedite processing, it is necessary to officially appoint and have 20 record Counly officials authorized to execute grant applications, perrail applications, and other documents 21 perlaining to the construction of public works improvement projects on behalf of tile Board to various 22 agencies including tim following: 23 24 25 26 27 28 29 30 31 32 Florida Deparlrnent of Transpoflation Florida l)epartment of Environmenial Protection US Army Corps of Engineers US Coast Guard Federal Aviation Administration Fish and Wildlife Conservation Commission Big Cypress Basin/South Florida Water Management Disnqct Federal Environmental Protection Agency NOW, TtlEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 33 OF COLLIER COUNTY, FLORIDA, that: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 5O 51 52 53 54 The Public Ihilities Administrator, Transportation Administrator, Transpomtlion Operafirms Director, Transportation Planning Director, Engineering & Conslruction Management Director, and Stormwater Management Director are hereby appointed and authorized to execute d~e documents aforesaid for and on behalf of Collier County. 2. P, esolution No. 9%374 is hereby repealed and superseded by this Resolution. Tills P, ESOI.IITION A1)OPTF~D AVTEP, I?AVOR1NG ADOI>TION. I)ATE: ATTEST: I)WI( 311T IZ. BP,()('K, ('lcrk BY: l)cpuly ('lcrk Approved as to form and legal sufficiency: Assislanl (~)unty Ath~rncy MOTICIN, SE('()NI). AND MAIOI~.F"Y VOTE It()ARD ()F COIINTY ('OMMISSIONER5 ('(')I.[.IEP, ('()t 1NTY, FId)RII)A BY: TIM{)'IIth J I'()N571..\Nl'lNl:..(')Lmman AGENDA ITEM ? 9 EXECUTIVE SUMMARY APPROVE STAFF RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR DESIGN AND PERMITTING OF GOLDEN GATE PARKWAY FROM AIRPORT ROAD TO SANTA BARBARA BOULEVARD, PROJ. NO. 60027 OBJECTIVE: To receive Board's approval of staff's ranking of firms for the design and permitting of Golden Gate Parkway from Airport Road to Santa Barbara Boulevard and to begin contract negotiations with the top ranked firm for subsequent Board approval. CONSIDERATIONS: On March 20, 2000, the County Manager appointed a selection committee to review the proposals for RFP #00-3063. The proposals are for the design and permitting to widen Golden Gate Parkway from four to six lanes. RFP #00-3063 was issued, and eight (8) responses were received on May 5, 2000. The Selection Committee authorization letter and staff ranking matrix are submitted as attachments. The Committee reviewed the eight (8) proposals and selected the top three (3) firms for approval and contract negotiations as follows: 1. RWA, Inc. 2. WilsonMiller, Inc. 3. American Consulting Engineers FISCAL IMPACT: Funds for this project will be available October 1, 2000 in the FY 01 budget. Funding will come from District 2, Road Impact Fees Transportation Capital fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve staff's ranking and authorize staff to begin contract negotiations with the top ranked firms beginning with the number one ranked firm for Board's subsequent approval. (2) Authorize the Chairman to sign the Standard County Agreement after the County Attorney review. SUBMITTED BY: ~ .. ...,. --.....~'I:' ", 'Date: ..... Richard J. Hellriegel, P.E. St. Project Manager, Transportalion Engineering and Constrttctio~q NtnnngCmCl~t Depl. t t~o.~~ ~ REVIEWED BY:~., ~-~"'~5J777~ Date: 6/'~=/re> o ~ JeffBibby, P.E. Director, Transportation Engineering and Construction Management Dept. REVIEWED BY: ,.& za J Gwen Butler Interim Director, Purch~ing/Gj}neral REVIEWED BY: Edward J. Transportat~l~'¢ervices Director APPROVED BY: :/'L_ Services Date: Date: Mike McNees Interim Transportation Administrator AGENDA ITEM No, Jr. 2 7 2000 To: Through: From: Date: Subject: Memorandum Tom Oilill, County Manager Edward N. Finn, Interim Public Works Adminintrator Richard J. Hellriegel, P.E., Senior Project Manager March 20, 2000 Golden Gate Parkway (Airport Road to Santa Barbara Boulevard) Consulting Engineering Design and Permitting Services Selection Committee Membership, Collier County Project No. 99914 In accordance with Section VII.B.3 of the county Purchasing Policy, I have reviewed the proposed membership for a Consulting Engineering Design and Permitting Services member selection committee as listed below and request your authorization to appoint this committee for the purpose of reviewing the reference Request for Proposals. The Committee shall include the following members: Jeffrey Bibby, P.E. Ed Kant, P.E. Richard Hellriegel, P.E. Gwen Butler PWED Transportation Department PWED Purchasing Department, Non-voting The committee will review the proposals received and submit a recommendation to the Board of County Commissioners. Upon selection of the best proposal by the Board, staff will negotiate a contract for subsequent Board approval. Upon your approval, please forward this request to the Purchasing Department. Your prodapt attention to this matter is appreciated. Committee appointed And empowered by: ~wa~ q.~n~, In~mffl~ublic Works Ad e Tom O~, Co~W Manager Date J~sc/olliff AG EN D~ ITEM No. Public Wo~s Enginee~ng pg. COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, tz~34~1t2 0 CWW Address: co.co/her.fi.us June 7,2000 To: All Interested Proposers Re: RFP ¢¢00-3063 - "Design & Permitting of Golden Gate Parkway (Airport Road to Santa Barbara Blvd" Thank you for participating in RFP #00-3063 for Design and Permitting of Golden Gate Parkway (Airport Road to Santa Barbara Blvd). Each of the firms submitting proposals demonstrated excellent qualifications, professional ability, and the resources necessary to complete the project. The Selection Committee Members have scored each proposal in accordance with evaluation criteria established in the RFP document and ranked the firms as follows: 1. RWA 2. WilsonMiller 3. American Consulting Contract negotiations will commence with the number one ranked firm for this project in the near future. Should you have any questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for participating in this Request for Proposal. Sincerely, Gwen Butler, CPPB Senior Purchasing Agent Rich Hellriegel, Senior Project Manager, PWED Design and Permitting of Golden Gate Parkway RFP 00-3063 Q. Grady Wilson Minor Miller Johnson EngCg American Consult'g Berryman Consul- Hemigan Tech Kisinger Campo RWA Project Approach & Understanding (35 points max) Expertise of Staff (25 points max) 19 26 24 22 17 15 20 28 12 12 12 12 12 12 12 12 Previous Performance on Similar Jobs (25 points max) Ability to Complete on Time and within budget (15 points max) 12 13 13 12 12 12 12 12 7 7 7 7 7. 7 7 7 TOTAL 50 58 56 53 48 46 51 59 Order of Rankings 6 2 3 4 7 8 5 1 First Firm Second Firm Third Firm RWA WilsonMiller Johnson Engineering Jeff Bibby, P.E. Selection Committee Member Transportation Engineering and Construction Management '~AGEND_A I~EM' ' No, I~,~'~ _ RFP #00 - 3063 "Design & Permitting of Golden Gate Parkway" (Airport Road to Santa Barbara Blvd) SC }RING FORM Project Approach & Understandins E~effife ofDesi~at~ S~ff ~e~ous Peffo~ance on Si~ar Jobs Abfii~ to Complete on Time a~d bATE 'AGENDA ITEM No. \/t6. i~ RFP ¢/80 - 3063 "Design & Permitting of Golden Gate Parkway" (Airport Road to Santa Barbara Blvd) SCORING FORM N.,M~LE OF ~ Project Approach & Understandin~ ~e~ous Pe~o~ance on Si~ar Jobs Ab~i~ to Complete on Time and 15 Poem / FIRST FIRM SECOND ~RM DA'~E AGENDA ITEM No. I(~ P~ I~,, _ EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JOHNSON ENGINEERING, INC. FOR GOODLETTE-FRANK ROAD IMPROVEMENTS BETWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD, PROJECT NO. 60134, CIE # 65 OBJECTIVE: To gain Board approval to proceed with noise study, accelerated schedule, selected alternative analysis, revise traffic and capacity analysis, additional signalization plans and design plans to relocate County utilities on the Goodlette-Frank Road widening Project. CONSIDERATIONS: On October 21, 1997 the Board of County Commissioners and Johnson Engineering, Inc. entered in to a professional services agreement for widening Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road. Services include design of a four lane divided highway with provisions for an ultimate six lane roadway. Since 1997, there has been one Supplemental Agreement processed for land survey and field locate all utilities. The current Supplemental Agreement (S/A No.2) will authorize the consultant to proceed with selected alternative analysis, a noise study, revise traffic and capacity analysis, additional signalization plans, accelerated schedule and the design of the utility relocation plans. Currently there are water main, force main and reuse water lines immediately adjacent to the existing pavement. Once Goodlette-Frank is widened, the aforementioned utility lines will be directly under the pavement (if not relocated). By relocating the utilities future repairs and connections can be accomplished cheaper and in a shorter period of time. This supplemental agreement has been reviewed and approved by the County Attorney. A copy of Supplemental Agreement Number 2 and negotiated fee schedule are attached. FISCAL IMPACT: Funding for the Road Segment in the amount .of $187,586 is available in the Gas Tax Transportation Supported Capital Fund. Funding for the Water Relocation in the amount of $42,267 is available in the Water Capital Fund supported by User Fees. Funding for the Force Main and Effluent Main Relocation in the amount of $70,147 is available in the Wastewater Capital Fund supported by Impact Fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No. 2 with Johnson Engineering, Inc. in the amount of $300,000. SUBMITTED BY: Peter S. Hayden, E.I., Project Manager Transportation Engineering and Construction Management Department AGEND~ ITJ~M JL Ni2 7 2000 Executive Summary GoodieRe-Frank Road Project//60134 SA No. 2, Page 2 of 2 ibby, P.E., Director Transportation Engineering and Construction Management Department REVIEWED BY: ~'~/¢?~"J?/?7"~ ~~;7/ Date A'-/ 5-- Edward J. Kant, p,E., ~r~ei'or Transportation S¢_..ry~s Department REVIEWED BY: Edward N. Finn Interim Public Utilities Administrator Date: Mike McNees Interim Transportation Administrator Date Attachments: Supplemental Agreement No. 2 AGENDAI~EM -- No._l Project No. 60134 S/A No. 2 SUPPLEMENTAL AGREEMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SUPPLEMENTAL AGREEMENT, made and entered into this ~ day of 2000 by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, as the governing body of Collier County and Ex-Officio as the governing body of the Collier County Water Sewer District, hereinat~er called the Owner or County, and Johnson Engineering, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 2640 Golden Gate Parkway (Suite 106), Naples, Florida 34105, hereinat~er referred to as the Consultant. WITNESSETH WHEREAS, the Owner and the Consultant heretofore on October 21, 1997 entered into a Professional Services Agreement ("Agreement") whereby the Owner retained the Consultant to furnish certain consulting engineering services in connection with proposed four laning (eventually six laning) improvements to Goodiette-Frank Road (C.R. 851) between junctions Pine Ridge Road (C.R. 896) and Vanderbilt Beach Road (C.R. 862), a distance of approximately 2.42 miles (hereinafter referred to as the Project); and, WHEREAS, on ., 2000 under Agenda Item No. , the Board of County Commissioners as the governing body of Collier County and Ex-Officio as the governing body of the Collier County Water-Sewer District, approved and authorized Additional Services to be provided and performed by the Consultant for the analysis of additional roadway cross section alternatives, for the design and permitting of County owned utility systems to be relocated which shall result in Utility Relocation Plans and for the development of a detailed Noise Abatement Study integrated with roadway engineering designs with an accelerated schedule for the maximum professional service fee amount of ~;300,000; and, WHEREAS, the Owner desires and Consultant agrees to supplement and modify the terms and/or scope of work of the October 21, 1997 Agreement and Supplemental Agreement No.1 thereto dated July 8, 1997, and toward that end it is necessary to: FORMALLY SET FORTH ADDITIONS AND AMENDMENTS TO THE ORIGINAL SCOPE OF SERVICES AND TIME OF PERFORMANCE THEREOF, AND TO ESTABLISH A COST FRAMEWORK FOR COMPENSATION UNTO THE CONSULTANT FOR REQUESTED UTILITY DESIGN AND PERMITTING SERVICES. CONSULTANT'S SCOPE AND COST PROPOSAL TO OWNER DATED , 2000 IS ATTACHED TO THIS SUPPLEMENTAL AGREEMENT NUMBER TWO (2), AND IS HEREBY INCORPORATED INTO AND MADE A FORMAL PART OF THE OCTOBER 21, 1997 PROFESSIONAL SERVICES AGREEMENT. Page 1 of 10 AGENDA ITEM No. I0~ Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 NOW, therefore, the Professional Services follows: Agreement is amended and supplemented as As to the scope and purpose of Additional Services requested of Consultant by Owner pursuant to this Supplemental Agreement (S/A) No.2. The scope of utility design and permitting services required by County for Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road: A) Selected Alternative Analysis Consultant shall prepare and analyze the selected typical roadway cross section (7B) and alignment to address physical constraints, particularly the segment north of Orange Blossom Drive. This will include the preparation of a typical section, transition alignments, profile information, cost estimates and benefits and cost analysis, as requested by the County. This task will allow the Consultant to finalize the Design Study and Value Engineering Analysis to address the directions from the Collier County Board of County Commissioners. B) UtiliW Relocation Services 1) Consultant shall utilize the roadway plans currently being developed and the County Water and Sewer Master Plan Studies to design and prepare an independent/separate set of utility construction plans and related documents for the subject roadway Project. The utility improvements to be designed and permitted by Consultant generally include complete designs and plan preparation for a new (replacement) 16" and 36" force main system, a 20" water main system and a 6" and 20" effluent line system with plan preparation for resolution of various conflicts that may occur as noted in the Consultant's final certified Value Engineering Analysis Report. Consultant will include the design of a new County/City water interconnect facility as part of the revised utility plans. Consultant shall also prepare and submit related utility documents and information as necessary for bidding and construction purposes including specifications, engineer's estimate of probable construction cost, bid forms, special provisions, quantity tabulations, traffic control requirements, environmental pollution control and related permit compliance, utility testing and certification requirements during construction and utility designs traditionally required by permitting and regulatory agencies. 2) Utility design and permitting services shall be planned, scheduled, organized, monitored, and controlled by Consultant concurrently with remaining roadway design activities so as to provide County with timely services in an integrated and cost-effective manner in accord with applicable engineering and quality standards (i.e., FDOT). 3) The utility improvements herein are presently intended to be bid and constructed jointly and concurrently with the future four-laning construction contract. Notwithstanding the foregoing County objective, Consultant shall prepare an independent/separate set of utility construction plans so as to achieve full compatibility and uniformity with the roadway designs and roadway construction plans to enable the County to cost-effectively bid and construct the utility infrasU'ucture prior to and in advance o'~' ~' "' ' " Page 2 ofl0 Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 4) Utility design and permitting services under this S/A No. 2 include Consultant's performance of necessary plan revisions resulting fi'om County reviews, utility coordination meetings, formal or informal reviews by private and/or public utility owners, and review comments by environmental and operational permitting agencies. 5) Unless otherwise authorized in writing by County, utility design and permitt'mg services herein shall be performed and provided by personnel under the direct employ of the Consultant. 6) The County's Project Manager and coordinator for utility design and permitting services herein as well as for roadway design and permitting services is Peter Hayden. 7) Consultant shall request necessary utility design criteria and information (i.e., objectives, constraints, budget limitations, technical data, etc.) from County in writing no later than 14 calendar days after Consultant's official commencement of utility design and permitting services herein. The County shall provide the pertinent information/data within 14 calendar days of receipt of Consultant's written request. 8) Consultant acknowledges that subsurface soil explorations and testing for the roadway design component of Goodlette-Frank Road (as previously contracted) shall sufficiently yield information and data applicable to the design and construction of utility infrastructure herein. In the event design conditions arise that warrant additional subsurface soil explorations expressly for utility designs herein, Consultant shall provide such field and offme investigations as necessary at additional compensation. The Consultant's fee structure herein includes a contingency fee amount for such possible subsurface soil explorations for utility designs. 9) Similarly, Consultant considers that field land surveying services for the roadway design component of Goodlette-Frank Road (as previously contracted) shall sufficiently yield information and data applicable to the design and construction of utility infrastructure herein. Any additional surveying requirements to locate new construction will be authorized on a case-by-case basis as additional services. 10) Consultant is required to design and locate utility infrastructure within existing public rights-of-way and/or easements and also within proposed additional rights-of-way and/or easements for the roadway design component of Goodlette-Frank Road. Exceptions to this requirement shall be authorized by County if deemed necessary by County. 11) Consultant shall design the utility infrastructure to accommodate and complement future four and six-laning construction work for Goodlette-Frank Road so as to avoid and minimize future roadway and/or utility reconstruction work during or subsequent to initial four lane roadway improvements. Moreover, Consultant shall design the utility infrastructure outside of the future pavement areas (reference attached JEI memorandum dated 9/16/98) subject to exceptions requested by Consultant in writing as may be authorized by County to accommodate site specific conditions or_to achieve benefit/cost objectives for combined roadway and utility infrastructure.AG EN DA ITEM No]Y~ ~ t~ Page 3 of 10 i'll 27 Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 12)Consultant acknowledges and agrees that time is of the essence for completion of authorized utility design and permitting services herein and for remaining roadway design and permitting services. Consultant shall submit original design mylars and other information, documents, and products rendered for the utility design services to the same extent as so required by the Agreement for the roadway design component. 14) Consultant shall keep County continuously advised and informed of the progress and issues attendant to the utility design and permitting services herein so as to remain on schedule and within the construction budget. 15) Consultant shall design and process permit applications for the utility infrastructure in conformance with engineering, consauction, and maintenance criteria, specifications, standard details, regulations, and other requirements set forth by the Collier County Water and Sewer Departments of the Public Works Division. 16) Consultant shall prepare, submit and process the Florida Department of Environmental Protection (FDEP) wastewater collection and water distribution permits to enable the County to subsequently construct the water main, forcemain, and effluent systems to be designed under this S/A No. 2. This permitting effort will be separate from, but coordinated with, the other environmental permitting services for the roadway improvements. Consultant shall expedite all follow-up actions on the utility and roadway permitting applications towards timely final agency approvals and permit issuances. 17)Consultant shall include environmental and wetland impacts from proposed utility infrastructure in the various permits for the roadway improvements. Mitigation costs, if any, shall be separated into roadway and utility contributory costs for County internal cost accounting reasons. 18) Consultant's plan preparation and design activities shall include utility cross sections and details as necessary to clearly depict conflict points/areas for construction purposes. Additionally, Consultant shall show existing and proposed utility lines, on the roadway cross sections, plan/profile sheets, drainage structure sheets, and related drawings. 19) Consultant may be required to prepare all legal descriptions and sketches required for separate and distinct utility easements result'rag from utility designs herein that County and Consultant jointly decide to pursue due to construction cost considerations and existing and proposed roadway right-of-way limitations. Consultant's fee structure herein does not include fees for preparation of legal descriptions and sketches exclusively for utility easements; such Additional Services for separate compensation shall only be performed by Consultant as requested and authorized by County in writing under a S/A instnunent. of the utility design components to utility owners prior to formal a of all Project designs by County. Page 4 of 10 20) Consultant shall submit both roadway and utility design plans to private and public utility owners for comments. Consultant shall make 30%, 90% and final ~lan submittals for each ?proval and acceptance AGENDA ITEM No. Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 C) Noise Study The noise evaluation for the project will be conducted following procedures outlined in Chapter 17 of the Florida Department of Transportation (FDOT) Project Development and Environment (PD&E) Guidelines. The evaluation will determine whether the project will cause or contribute to noise levels that approach or exceed the Federal Highway Administration's (FHWA's) Noise Abatement Criteria (NAC) or cause noise levels to increase significantly over existing levels. Noise will be evaluated at all existing and/or planned noise sensitive sites. 1: Model Validation - To validate the computer model to be used in the analysis (the recently released and FDOT approved TNM model), field noise measurements will be conducted along the project corridor. The measurements will be conducted in accordance with FHWA's Measurement of Highway-Related Noise. 2: Model Existing and Future Conditions - Once validated, TNM will be used to predict noise levels at noise sensitive sites for the existing condition and for future conditions with and without the proposed improvements. It is assumed that one (1) build alternative will be modeled. 3: Noise Abatement Measures - Noise Abatement (reduction) measures will be evaluated for all sites where the future noise level with the project is predicted to approach or exceed the NAC and for sites where the future noise level si,.qmificantly increases from existing levels. Abatement measures will include, but not be limited to roadway alignment modifications, traffic management measures, and construction of noise barriers. All alternative abatement measures will be evaluated using the FDOT reasonable and feasible criteria. 4: Noise Study Report ~'SR) - The results of the analysis will be documented in a NSR for the project. It is assumed that two (2) draft reports will be prepared prior to the final report. 5: Project Coordination Meetings - To coordinate the analysis of the project improvements, obtain data for and discuss results of the analysis, it is assumed that three (3) project coordination meetings will be required. 6: Data to Support the Noise Analysis.' Project traffic data - existing and future (with and without project) level-of-service "C" and peak hour traffic volumes and speeds. Project aerials denoting the existing roadway and noise sensitive sites adjacent to the roadway (aerials should also indicate the location of the proposed improvements, if possible). Detailed elevation data for the east and west proposed right-of-way with the project and for the proposed roadway. . AGEND~ ITEM No. i c, ~'}' Page 5 of 10 Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 D) Revise Traffic and Capacity Analysis Since the completion of the design report, two additional access points on Goodlette-Frank Road have been approved including one to provide access to the school north of Pine Ridge Road. These access points will require analysis to determine whether signalization control is warranted. Additionally, when the design report was originally completed, the 1994 Highway Capacity Manual procedures were in effect. This manual and associated procedures have been superceded by the 1997 Highway Capacity Manual procedures. Thus all capacity analysis needs to be re-performed. We will perform the following additional services originally associated with Tasks 4.00 and Task 6.03: Confirm or Update AADT, K, D, T, and Intersection Volume Estimates Perform Analysis at Two Locations to Confirm Signal Control Develop Intersection Geometry and Control Requirements Revise Design Traffic Memorandum Finalize Design Traffic Memorandum Timing Coordination Plan for Pine Ridge Road and School Intersections E) Additional Signalization Plans The original agreement included basic and detailed signal plans for 7 intersections Based on our current experience, traffic signalization plans require approximately up to $10,000 of effort depending on the type of signal installation. This task should be revised to indicate that we will prepare basic and detailed plans at five intersections. We also prepare maintenance of traffic - traffic signalization plans for the existing signalized intersections of Goodlette-Frank Road within the project limits. We estimate that two sets (representing different phases) of MOT signalization plans will need to be prepared for each of the three intersections. We propose that these services provided on a time and materials basis. The following is a summary of the additional services to be provided: Signalization Plans MOT Signalization Plans We will also prepare for and participate in meetings upon request. These meetings may include project team meetings, meetings with County staff, an&or meetings with the public or Board of County Commissioners. This task provides for up to eight meetings. These meetings will be billed on a time and materials basis. The following is a summary of the additional services to be provided: Prepare for and Attend Meetings (8 Meetings) (Time and Materials) F) Accelerated Design Schedule Consultant shall revise the project schedule to accelerate the design review and submission of plans and permit applications for the referenced project. The goal of this accelerated process is to complete construction plans, permits and bid documen,s by the first quarter of AGENDA ITEM Page 6 of 10 No.J c-~5 ~'~' _ Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 2001. This will require the consultant to allocate additional resources to this project and incur additional overtime and rush schedule costs. This is done to meet the County's request for consauction to begin in the second quarter of 2001. As to the negotiated fees as compensation to the Consultant for additional utility design and permitting services and related tasks/products. A) Selected Alternative Analysis = B) Utility Relocation Services 1) 30% and 90% Force Main Design = 2) Final Force Main Design = 3) 30% and 90% Effluent Main Design = 4) Final Effluent Main Designs = 5) 30% and 90% Water Main Design = 6) Final Water Main Design = 7) Utilities Permitting = 8) Utilities Construction Services = 9) Utilities Reimbursables (15%) = C) Noise Study D) Revise Traffic and Capacity Analysis E) Additional Signalization Plans F) Accelerated Schedule Basic Services = (Lump sum fixed price amount) $ 35,000 $17,222 $ 6,215 $10,306 $ 4,744 $19,222 $ 7,215 $ 4,260 $ 33,000 $10,228 $ 40,000 $ 24,000 $ 45,000 $ 40,000 $296,412 TOTAL MAXIMUM FEE AUTHORIZATION, THIS S/A NO. 2 = $300,000 0ID As to the f'mancial/cost status of the October 21, 1997 Agreement: (A) Original contract fee amount = $ 665,182.00 (B) Maximum fee amount, S/A No. 1 = (+) $ 100,000.00 (C) Maximum fee amount, S/A No. 2 = (+) $ 300,000.00 REVISED AND CURRENT MAXIMUM CONTRACT FEE AMOUNT = $1,065,182.00 (IV) As to the time of performance of Additional Services herein and the contract schedule time for project: (A) Time of performance/completion of scope categories for Additional Services. Begin subsequent to County's acceptance of the Consultants' Value Engineering Analysis Study, and approval of fee proposed by the Board of County Commissioners. Consultant is directed and authorized to immediately commence with Additional Services herein on the date of a written Notice to Proceed by County, I - AGENDA ITEM Page 7 of 10 ~ No. Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 3. Submit preliminary design status data and information to Owner as requested at 30% and 90% stages. (B) Time extension to Project time of performance pursuant to the October 21, 1997 Agreement. 1. Original contract time is: 540 calendar days Additional contract time granted by Owner to Consultant for total time of planning, costing, negotiating, and finalizing the June 12, 1998 cost proposal, and for actual performance of services under S/A No. 1 herein: (+) 120 calendar days. Additional contract time granted by Owner to Consultant for total time of planning, costing, negotiating, and finalizing this agreement, and for actual performance of services under S/A No. 2 herein: (+) 506 calendar days. Revised and current contract time: 4/2/01). 1258 calendar days (complete final plans by Consultant shall adhere to the attached revised and updated Project schedule. Moreover, Project schedule updates shall be submitted to Owner on a periodic basis as specifically requested by Owner, but a frequency of no more than every 3 months. THE REVISED AND CURRENT MAXIMUM CONTRACT AMOUNT AS STATED ABOVE INCLUDES COSTS FOR OVERHEAD, FRINGE BENEFITS, OUT-OF-POCKET EXPENSES, PROFIT MARGIN AND ALL OTHER DIRECT AND INDIRECT COSTS AND EXPENSES. Except as hereby supplemented, modified, amended or changed, all of the terms and conditions of said original Professional Services Agreement shall remain in full force and effect. Page 8 of 10 AG EN D,,.~ ITEM No. pg, Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Goodlette Frank Road Design the day and year first written above. AS TO THE BOARD OF COUNTY COMMISSIONERS: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy J. Constantine, Chairman AS~D LEG~NCY: ^sX Co ^ omey ATTEST: Dwight E. Brock By: Deputy Clerk AS TOTHECONSULTANT: SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: ST WITNESS FIRST WITNESS (NAME WRITTEN) · SECOND WITNESS (NAME WRITTEN) JOHNSON ENGINEERING, INC. STEVEN K. MORRISON, PRESIDENT (CORPORATE SEAL) Page 9 of 10 AGENDA ITEM No...I/, ~i~ _ Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 2 STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared Steven K. Morrison to me well known and known to be President, respectively, of the Corporation named in the foregoing Agreement and they severally acknowledged to and before me that they executed said Agreement on behalf of and in the name of said Corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said Corporation and that it was affixed thereto by due and regular Corporate authority; that they are duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal this day of 3'~u~ , A.D., 2000 4~YanPUblic in and for the d County aforesaid. My Commission Expires: \KN APS01 ~,PROJ-NAAL25312\Co ntracta~SA61400.. doc Page 10 of 10 AGENDA ITEM No, t q, ~ t~' EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FROM PALM RIVER, L.L.C. OBJECTIVE: Approve a Donation Agreement and accept a Drainage Easement from Palm River, L.L.C., thereby providing a necessary easement for the establishment of drainage improvements, which will benefit Willoughby Acres and the surrounding areas. CONSIDERATION: The area north of Immokalee Road, including Willoughby Acres and surrounding areas, has experienced flooding in past years. The Stormwater Management Department is planning to make various drainage improvements within the area that will encompass the area east of U.S. 41, west of 1-75, south o£ the Lee and Collier County line, and north of Immokalee Road. The proposed improvements will help alleviate current flooding problems and those anticipated with future development. In particular, plans call for the development of a swale and berm along the eastern and southern borders o£ the Palm River Country Club maintenance parcel, which will help channel stormwater from the Willoughby Acres region into the existing stormwater system. Palm River, L.L.C., owners of the Palm River Country Club, appreciates the County's efforts in addressing current and future drainage issues, acknowledges the benefits to the residents of the neighboring areas and is compelled to generously donate the required easement. FISCAL IMPACT: The cost of the title search, title policy and recording fees will be incurred by the Stormwater Management Department and shall not exceed $300.00. These expenses are to be allocated to Fund 325, Cost Center 172972, Project 31014. GROWTH MANAGEMENT: This recommendation provides for the implementation of a stormwater control system that will improve drainage for the current and future residents of Willoughby Acres and the neighboring areas. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Donation Agreement; and 2. Authorize the Chairman to execute the attached Donation Agreement; and 3. Accept the Drainage Easement (a copy is attached for reference); and 4. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. No. IL' ,~ ,, ~/~ith GomeZ, p y Specialist II, Real Property Management Department REVIEWED BY: ~ r John . B~oldt, P.E., P.S.M., Directo, DATE: DATE: Mike ~2~l~Nees, Interim Administrator, Transportation Division AG EN DA.I,T EM No, ~(,~ J',~ r'l 2 7 PROJECT: North Livingston Road Basin FOLIO: 00159680009 DONATICI, N AGREEMENT :, THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between Palm River, LL(~, a Delaware United Liability Company, (hereinafter referred to as "Owner"), whose mailing address is 113 Viking Way. Naples, Florida 34110 and COLBEE COUNTY, a political subdivision 'q)f the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. WITNE$$ETH: WHEREAS, County has requested that O~vner convey to the County a perpetua[, non-exclusive drainage easement for the purpose of construe--ting, operating, and maintaining drainage and utility facilities over, under, upon and across the landis described in Exhibit "A" (said drainage easement hereinafter referred to as the "Property"), which !s attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey th~ Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Proper~y to the County for the stated purposes, on the terms add conditions set forth herein, said terms including that no compensation shall be due and payable for t~e Property requested by County; and NOW. THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the ~ceipt and sufficiency of which is hereby mutually acP, J3ow!edged, it is agreed by and between the Warties as follows: 1, Owner shall convey the Property vl~ a Drainage Easement to County at no cost to the County, unless othersvise stated herein. ' 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property. the execution of such instruments which will remove. release or subordinate such encumbranc~ from the I~.,roperty upon their recording in the public records of Collier County, Florida. Owner shall provide s~Jch instruments. properly executed. to County on or before the date of Closing. i . 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the datelCounty executes this Agreement; provicled; however, that County shall have the unilateral right to e~?tend the term of this Agreement pending receipt of SUch instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting C, ounty's enjoyment of the Property. 4. Owner is aware and understands thiat this Agreement Is subject to the acceptance and approval by the Board of County Commissioner~ of Collier County, Florida. ' 5. Owner represents that the Property nd all uses of the Property have been and presently are in compliance with all Federal, State and LoCal environmental lawS; that no hazardous substances have been generated, stored, treated or transfabled on the Property except as specifically disclosed to the County; that the Owner has no knowledg~ of any spill or environmental law violetJori on any property contiguous to or in the vicinity of the P~operty to be conveyed to the County, that the Owner has not received notice and otherwise has nq~ knowledge of a) any spill on the Property, b) any existing or threatened environmental lien aga~inst the Property or c) any lawsuit, proceeding or investigation regarding the generation, storagei treatment, spill or transfer of hazardous substances on the Property. This provision shall survive qlosing and is not deemed satisfied by conveyance of title_ 6. Owner shall Indemnify, defend, s~.. _~ ~::~ h~ld harmless the ~.ounty against and from, and to reimburse the County with respect to, any ~and a[I damages, claims, liabilities, laws, costs and expenses (inclucting without limitation reasonable paralegal and attorney fees and expenses whether ~n court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County I~y reason or arising out of the breach of Owner's representation under Section 5. This provisioni shall survive Closing and is not deemed satisfied by conveyance of title. 3. No, JUN 2 7 2000 7. The County shall pay for all costs o{ recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement[of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated v~th this transaction Including but not limited to transfer, documentary and intangible taxes shall be borr~,e and paid by Owner. The cost of a title commitment shall be paid by County. : 8. This Agreement and the terms and I~rOvlsions hereof shall be effective as of the date this Agreement is executed by both parties and s.~ell inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the conte~ so requires or admits. g. Conveyance of the Property by Owr~er is contingent upon no other provisions, conditions, or premises other than those so statecl aDov~e; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agrepment and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. ; 10. If the Owner holds the Property :.in the form of a partnership, limited partnership, corporation, trust or any form of representative,' capacity whatsoever for others, Owner shall make a wdtten public disclosure, according to Chapter!286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors !and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or r~gistered pursuant to Chapter 517. Florida Statutes, whose stock is for sale to the general public, it ls hereby exempt from the provisions of Chapter 286, Florida Statutes.) ~ 11. This Agreement is governed and c~nstrued in accordance with the laws Of the State of Florida IN WITNESS WHEREOF, the Grantor[ and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: AT-rEST: DWIGHT E. BROCK. Clerk ,Deputy Clerk AS TO OWNER: W · SSE : wetnests ( ~J~l ~ (Print)/.~. , .,3 witn~e~ (~', na. tur~) ( Pdnt ) Approved as to form and Heidi F. /~hton Assistant County Attorney has caused these presents to be executed the date BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: . Chairman PALM )~VEI;j 27 Congress Street, Suite 108 Salem, Massachusetts 1097"0 2 .L~, ~D E~LAWARE 9mber No. fb 2 7 2000 Pg .... Ul PUBLIC WORI<~i ENGINEER.[NG DEPA_I~~NT 3301 EAST TA1VIIAIVlI TR~,,. NAPLI~8, FLORIDA 34112 (741) 77,4-8 ! 92 PROJ]~CT 2qO..31014 ~ P./~R.CISL NO ........ 80 l LEGAL DESC~PTION ~OT~A SURVEY) vouo~o...oo,soss~ov LEGAL DESCRIPTION 25 FOOT D~INAGE ~ASEMENT TN~ ~ST 25 FE~ AND THE SOUTH 25 F~' OF ~E NORTN NALF OF TNE NOR~EST QUARTER OF ~E NORTHWEST QUOTER OF THE SOIJTHWEST QUARTER OF SECTION 24, TOngHIP ~ ~O~TH. ~N~ 25 ~A~T, COLLIER COUN~ FLORIDA. "AG"EI~ DA~ ITeM No. ~/,~ I~ J'J;'~ 2 ? 2000 '~(~E6~E ~'~i~fi~l~' ........... PROFESSIONAL I_AND SURV~Y'OR-FL REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTME~. COLLIER COU~ ~O~RNM~T COMPL~ 3301 E~T TAMI~I T~L N~LE8, FLORIDA 34112 SHEET I OF 2 PROJECT: No~J~..givingston Road Basin DRAINAGE EASEMENT THIS EASEMENT, made and entered intc~ this ['~ day of ~l't,~. . 2000, by PALM RIVER, LLC, A DELAWARE LIMITED LIAEHLIT'~, COMPANY, whose m~l~ing address is 113 Viking Way, Naples, Florida 341 10, as Grantor, and COLLIEP~ COUNTY, a political st~3division of the State of Florida, whose mailing address is 3301 East Tamiami T~ai], Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this Instrument and their respective helm, legal representatives, Successors and assigns.) WITHESSETH; Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the rec.~ipt and sufficiency of w~ich is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual,lnon-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and ut?ty facilities on the following described lands located in Collier County, 'Florida, to wit: See attacne,4c_xnioit "A" which is incorporated herein by reference. Subject to easements, restr~tions. and reservations of record. I THIS IS NOT HOJVIESTEAD PROPERTY TO HAVE AND TO HOLD the same untoithe Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor an~ Grantee are used for si13gular or DIMtel, as the context requires. The easement granted herein shall ~:onstitute easements running with the land and shall burden the lands desc~bed above. IN WITNESS WHEREOF, the Grantor ha~ caused these presents to be executed the date and year first above written. (Print) STATE OF COUN OF PALM RIVER. LL~.A DELAWARE Managi?~ Member 27 Congress Street, Suite 108 Salem~ Massachusetts 10970 ~ ~-.he foregoing Drainage Easement I was acknowledged before me this_~L~ day of ~LCL~ , 2000, by STEPHEN J..I_~CKWOOD, Managing Member of PALM RIVER, LLC, A DELAWARE LIMITED LIABILITY COMPANY.., who is personally known to me or has produced (affix noteHal seal) as identification. .i ,. Prepared b~: Hetd~ F. Ashton, Esqutre: Offtce of the Count~ Attqrnejf 3301 East Tamtaai Trail #a~les, Florida 34112 : (~1) 774-8400 ( g r-y ') (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #; if any My C~_ amission Expires: ~- No. PUBLIC WORKS ]ENGI~EERTNG DEPARTMENT 3301 EAST T~N'IL~/vII TI~l-r.~ NAPI.~S, FLORI~DA 34112 (9~I) 774-8192 EXH! . IT LEGAL DESCRIPTION (NOT SURVEY) FRO~EC'T NO..31014 FOLIO NO...00159680009 LEGAL DESCRIPTION 25 FOOT DRAINAGE EAJSEMENT THE FAST 25 FEET AND THE SOUTH 25 FEET ~F THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, ~LORID~ AGENDA ITEM No. ~!~ ~t-~ PREPARED · ~/GEORGE I~ RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 24( I PUBLIC WORKS ENGINEERING DEPARTMENT. [ COLLIER COUNTY GOVERNMENT COMPLE~ 3301 EAST TAMIAMI TRAIL : NAPLES, FLORIDA 34112 SHEET 1 OF 2 EXECUTIVE SUMMARY REQUESTING DIRECTION TO REVISE THE ENABLING ORDINANCE THAT SETS FORTH THE REQUIREMENTS FOR THE GOLDEN GATE BEAUTIFICATION MSTU ADVISORY COMMITTEE OB.JECTIVE: To request Board approval for staff to review and amend of the enabling ordinance setting forth the requirements for the Golden Gate Beautification MSTU Advisory Committee. CONSIDERATIONS: The Golden Gate Beautification MSTU Advisory Committee has requested County staff take the necessary steps for the Board of County Commissioners to amend Ordinance #87-78. The County Attorney's Policy requires that ordinance amendments be directed by the Board prior to revision by the County Attorney. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board direct staff to review and amend the enabling ordinance (Ordinance 87-78) setting forth the requirements for the Golden Gate Beautification MSTU Advisory Committee. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~) /~i~ / Val Prince, L.~dscape Operatiofi's, Engi~r II Edw~d J. Kant, m.E. 7 f? K; ;nation Operations Director Michael A. McNees, Interim Transpotation Administrator DATE: DATE: EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #00-3052 FOR PELICAN BAY STREETLIGHTS, SIGN POLES AND LUMINARIES TO CONSOLIDATED ELECTRIC DISTRIBUTION, INC., TO REJECT THE BIDS FOR THE SIGN POLES AND APPROVE THE NECESSARY BUDGET AMMENDMENT. OBJECTIVE: To award Bid #00-3052 for Pelican Bay Streetlights, Sign Poles and Luminaries to Consolidated Electrical Distribution, Inc., to reject the Bids for the Sign Poles and to approve the necessary budget amendment. CONSIDERATIONS: On March 1, 2000, invitations to bid were sent to thirty-eight (38) vendors with nine (9) vendors requesting bid packages. The Bid opening was held on March 16, 2000 and four (4) bids were received. Staff has reviewed the Bids for the street light luminaires and found Tramco, Inc., the low bidder, failed to meet the specifications of the Bid and determined that Consolidated Electrical Distribution, Inc. was the lowest, qualified and responsive bidder. Consolidated Electric Distribution, Inc. was also the lowest bidder for street light poles, therefore, staff recommends award of Bid #00-3052 to Consolidated Electric Distribution, Inc. The Purchasing Department received a protest from Tramco, Inc. regarding the award of the luminaries in this Bid. After consideration of the protest, it was the Purchasing Director's decision to reject the protest and recommend award of the luminaire portion of the bid to Consolidated Electric Distribution, Inc. Due to design and cost considerations staff has re-bid the street sign poles and recommends rejection of this portion of the Bid. Staff requests that the Board approve the necessary Budget Amendment, in the amount of $176,113.28, transferring funds from Pelican Bay Street Lighting Reserves to Street Lighting operations. FISCAL IMPACT: The total sum of Bid #00-3052 is $450,775.68. The Fiscal Impact for Fiscal Year 2000 is $176,113.28 with funds available in Pelican Bay Street Light Reserves. The balance of Bid #00-3052 will be completed in Fiscal Year 2001, as outlined in the proposed Fiscal Year 2001 Budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #00-3052 for the Pelican Bay Streetlights, Sign Poles and Luminaries to Consolidated Electrical Distribution, Inc., reject the Bids for the Sign Poles and approve the necessary Budget Amendment. PREPARED BY: DATE: Ja~(¢(s P. Ward Dj~partment Director "' - REVIEWED BY' /~' ?~-',~ 'i.,'~.,x. ;it/./"i---, ~.g< DATE: Purchasing Director Michael A. McNees, ~tefim Administrator Transportation Division ~ ~ ! I-~/ ~ ~ II , ~ ~ ~ ~ ~ : .. ~ .... , - m /~t~ ~ ~1 /~1 - ll No. Po. .... EXECUTIVE SUMMARY APPROVE A 2-PARTY AGREEMENT AND ACCEPT AN EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FROM BRIARWOOD DEVELOPMENT CORPORATION. OBJECTIVE: Approve a 2-Party Agreement and accept an Easement and Temporary Construction Easement from Briarwood Development Corporation, thereby coordinating the current construction contracts for the development of Livingston Road, Project #60061, with the planned improvements of Briarwood Boulevard. CONSIDERATION: Collier County, in compliance with and in fulfillment of the County's five-year secondary roadway improvement program, is presently constructing a portion of Livingston Road, C.R. 881 highway designated as Collier County Project #60061, Livingston Road four-laning improvements commencing from Radio Road extending northerly to Golden Gate Parkway. Briarwood Development Corporation is proposing to construct, reconstruct, or otherwise change a portion of Livingston Road to provide roadway access to the Briarwood Development, hereinafter referred to as "Briarwood Project". The Developer desires to compensate and have Collier County, on behalf of the Developer, design, permit and construct the Briarwood Project concurrently with the County's construction contract previously executed for the Livingston Road Project. In an effort to facilitate the construction of the Briarwood Project, Briarwood Development Corporation has agreed to convey, at their expense, the necessary easements to Collier County. The construction of the Briarwood Project in concert with the construction of Livingston Road, Project #60061, will be beneficial for the residents of Collier County, Briarwood Development Corporation and the Collier County Transportation Division by reducing future traffic disruptions associated with a secondary phase of construction to the Briarwood Development infrastructure, minimizing the unsightly appearance related to a secondary phase of construction, receiving property rights without cost to the County, and expediting the improvement of the roadway system in Collier County. FISCAL IMPACT: No fiscal impact will be incurred. Briarwood Development Corporation shall be responsible for all costs associated with the conveyance of the necessary property fights and for all phases of design, permitting and construction as enumerated within the 2-Party Agreement. GROWTH MANAGEMENT: This recommendation provides for the construction of Livingston Road, Project #60061, in conjunction with the anticipated improvements and growth of the Briarwood Development while maintaining the integrity of Capital Improvement Project #053, which is consistent with the County's Growth Management Plan. · A'G EN D',~ I~I'E M " No. t/~ _f5 ~,::,q.- 2000 RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached 2-Party Agreement; and 2. Authorize the Chairman to execute the attached 2-Party Agreement; and 3. Accept the Temporary Construction Easement and the Road Right-of-Way, Drainage, Utility and Maintenance Easement (copies are attached for reference); and 4. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY: ~- ~/'- ~~--- ,--f~'-~__ DATE: 1.~4ith C~o/mez, Real Prope~pecialist II, Real Prope~y Manag~ent Depa~ment =VIE~DBY: ~ ,,~L ~~ Mitch Momt~, Senior Project Engineer, Transportation Engineering & Construction Management Department /~ff Bibby, Director, ~ ~ Tr~spo~ati9n Engineering & Construction Management Department ~PROVED BY: '"~? t' ["4 [~1 q!,~_~ DATE: Michael McNees, Interim Administrator, Transpotation Division AG F_. N D_A ITI~M No, I((; PROJECT: Livingston Road PARCEL: 734 · FOLIO: 00295880909 AGENDAITEM No. © - Pg. . TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made and entered inlo this I.zl,., day of "~',-.","~- , 2000, by, BRIARWOOD DEVELOPMENT CORPORATION, a Florida corporation, whose mailing address is 3927 Arnold Avenue, Naples, Florida 34104, as Grantor, and COLLIER COUNTY, a political subdivision of Ihe State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the lerms "Granlor" and "Granlee" are used for singular or plural, as the context requires, and include all the parlies to this instrument and lheir respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideralton of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary non-exclusive license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and rese~,ations of record. THIS IS NOT HOMESTEAD PROPERTY This Easement is granted for the express purpose of providing Grantee temporaw access to Grantor's lands as described above, and for the purpose of storing material and equipment during the construction and installation of public improvements adjacent thereto. This Easement shall expire one year beyond the official acceptance of Ihe public improvements by the Board of Counly Commissioners of Collier County, Florida, or on February 28, 2001, whichever occurs first. Grantee shall restore the surface of the Easemenl Area to the condition existing prior to the commencemenl of construction adjacenl thereto. IN WITNESS WHEREOF, the GRANTOR has caused these year firstab,~p.~. ' W~.~i~ ~'~'tu r e) Name (Print or Type) Witnes~.~ignaf~re) ~ Name (Print or Type) presenls to be executed lhe day and BRIARWOOD DEVELOPMENT C O R p~o R ATxj~ ~A.Ej.9. r i_da corporatk)r////" ~ ,~ William Sp~elli, President 3927 Arnold Avenue Naples, Florida 34104 STATE OF ,~/--- ~',,,¢////¢ COUNTY OF /~.~.4.,, E~ The foregoing Temporary Constructior~ Easement was acknowledged before me this/IA.~., day of '~T-~ f,~._ , 2000, by William Spinelit, as President, on behalf of BRIARWOOD DEVELOPMENT CORPORATION, a Florida corporation, who is .pers. onally known to me or has produced ,,'~,//~ as identi fi cation. .,~,,~ affix notarial seal) ~ (Signat~__J~a~' Public) Approved as toforaA lega! sufflclencJ Assistant Count.~ Attorne~ (Print name of Notary Public) - NOTARY PUBLIC Serial/Commission//: if__a_ny . _ _ M y Co - II PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI. TRAIL NAPLES, FLORIDA 34112 " (941) 774-8192 PROJECT NO..60061 · PARCEL NO ........ 734 FOLI(~ NO... LEGAL DESCRIPTION (NOT A SURVEY) COM2v~NCIIqG AT THE WEST QUARTER CORNER OF SECTION31, TOWNSHIP 49 SOUTH~ RANGE 26 FAST, COLLIER COUN'I'Y, FLORIDA; THENCB SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, A DISTANCE OF 100.00 FEET TO THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE NORTH ~, 0 DEGILEES 02 MINUTES 18 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1427.44 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE NORTH 89 DEGREES 57 MINUTES 42 SECONDS EAST, A DISTANCE OF 25.00 FEBT TO TITE POINT OF BEGINN~G; THENCE SOUTH 44 DEGREES 13 MINLrl*ES 53 SECONDS EAST, A DISTANCE OF 50.21 FEET; THENCE SOUTH 0 DEGREES 02 lVlD4UT~S 18 SECONDS EAST, A DISTANCE OF 87.00 FEET; THENC-~ SOUTH 44 DEGREBS 09 MINUTES 18 SECONDS WEST, A DISTANCE OF 50.21 FEET; THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 159.00 FEET TO THE POINT OF BEGINNING; SA/D DESCRIBED TRACT CONTAINING 0.099 ACRE (4,305 SQUARE FEET), MORE OR LESS. J U 2 7 PROFESSIONAL LAND SURVEYOR-FL. REG. #"2406 [ ~.:3 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TI:~IL pg. · NAPLES. FLORIDA 34112 SHEET 1 OF 2 AGENDA ITEM ' No. \It i~ ~.;~- pg. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLF. S, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 89°57'42"E 25.00'~ s 89°52'40"E 100,00' s 44"13'53"E P.O.B/ 50.21' i* ARCEL 734 / S 44°09'18"VV ~- 50.21' EAST R~W LINE P.O.C. WEST 1/4 COR. SEC. TWP. 50S, RGE. 26E GENERAL NOTES 1) P.O.C. ~, POINT OF COMMENCEMENT 2) P.O.B. ~-. POINT OF BEGINNING 3) $EC.= SECTION 4) TWP. = TOWNSHIP RGE. = RANGE R/W - RIGHT OF WAY ALL DISTANCES ARE IN FEET AND DECIMALS THEREOI= N~T VALID UNI..~SS SIGNED AND sEALED WITH THE iM~OSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DATE JUNE 9, 2000 IFLENO. LR734 SHEEr 2 OF 2 PROJECT: Livingston Road PARCEE: 134A FOLIO: 00295880909 EASEMENT ,.,...---- . THIS EASEMENT, made and enlered into lhis j~..'h.., day of x/,---ln~., 2000, by, BRIARWOOD DEVELOPMENT CORPORATION, a Florida corporation, whose mailing address is 3927 Arnold Avenue, Naples, Florida 34104, as Grantor, and COLLIER COUNTY, a political subdivision of the Slate of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parlies to this instrument and lheir respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for road right-of- way, drainage, utility, slope and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restriclions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, togelher wilh the right to enter upon said land, place, excavate, and take malerials for lhe purpose of constructing, operating and maintaining road right-of- way, drainage, and utility facilities thereon. Granlor and Granlee are used for singular or plural, as the context requires. The easements granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHER.~)F--Fthe Grantor has caused these presents to be executed the dale and year first I,- 7- ~-'~ BRIARWOOD DEVELOPMENT ,~,4~n~ature) CORPQRATION, a Florida ' corp Name (Print or Type} By: ~ f~ William Spin~11i, Pres~ent Witn¢ (-Signature) ~ 3927 Arnold Avenue Naples, Florida 34104 STATE OF ~ ~'/¢,~ ,~ C,OUNTY OF The foregoing Easement was acknowledged before me this /2 ~.day of ~"--'""~ , 2000, by William Spinelli, as President, on behalf of BRIARWOOD DEVELOPMENT CORPORATION, a Florida corporation, who is personally known to me or has produced '/v/ ~ as identification. (affix notarial seal) ( Sign a l ,~-I~o a~"ry Public) AGENDA ITEM. No. Pg.- /..Jr (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any My Commission Expires: __ I~ EXPIRES:a~7,~ II PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM1 TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60061 PARCEL NO... 134A FOLIO NO... COMMENCING AT THE WEST QUARTER CORNER OF SECTION 31, TOWNSflIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; TIIENCE SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, A DIS, TANCE OF 100.00 FEET TO THE EAST ILlGIlT OF WAY LINE OF LMNOSTON ROAD; THENCE NORTH 0 DEGREES 02 MINUTES I$ SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 976.07 FEET TO TIlE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 451.33 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE NORTH 89 DEGREES 57 MINUTES 42 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 384.33 FEET; THENCE SOUTIt $ DEGREES 27 MINUTES 02 SECONDS WEST, A DISTANCE OF 67.74 FEET; TftENCE SOUTH 89 DEGREES 57 MINUTES 42 SECONDS WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.200 ACRE (8,692 SQUARE FEET), MORE OR LESS. I AGENDA ITeM No. 27 2. 3 ,/~./GEORGE R. RICHMOND ...... PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY : N 89°57'42"E !_--20.0o' - P.O.C. WEST QUARTER CORNER i ~'~ S 8°27'02" W SEC. 31, TWP. 49S, RGE 26E, \ ~ ~ 67.74' GENERAL NOTES 4) TWP. = TOWNRHIP ~=~x~= E. = RAN(~E AGENDA ITEM e)~ V=RIOHTOFWAY ]NO .J {'/' ~.2.),~--~ = 7) AI, . DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) "C T VALID UNLESS SIGNED AND SEALED WITH THE i ':~ 2 7 C'~3 EMB( $SED SEAL OF A PROFESSIONAL LAND SURVEYOR ,.., ~ I~ ,~ 'J oRAw'~ iv'" L;~L-O~UaY SCALE DATE FILE NO. NOT TO SCALE APRIL 17, 2000 LR134A SHEET 2 OF 2 AGENDA ITEM No. !u- AGREEMENT THIS Agreement, made and entered into this __ day of , 2000, by between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and Briarwood Development Corporation, a Florida Corporation, its successors and assigns, hereinafter called the DEVELOPER. WITNESSETH WHEREAS, the County, in compliance with and in fulfillment of COUNTY'S five-year secondary ,roadway improvement program, is presently constructing a portion of Livingston Road, C.R. 881 highway designated as COUNTY'S Project No. 60061, Livingston Road four laning improvements commencing from Radio Road extending northerly to Golden Gate Parkrway, hereinafter called "Highway". WHEREAS, the DEVELOPER, is proposing to construct, reconstruct, or otherwise change a portion of C.R, 881 to provide roadway access to the Briarwood Development, said access facilities construction, hereinafter called the "Project"; and WHEREAS, the DEVELOPER desires to compensate and have the COUNTY, on behalf of the DEVELOPER, design, permit and construct the Project concurrently with the COUNTY'S construction contract previously executed for the Highway; and WHEREAS, the COUNTY is agreeable to and desirous and capable of performing, providing, or otherwise undertaking certain design, permitting, construction, and contract administration services for DEVELOPER in connection with the Project. NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, the COUNTY hereby agrees to perform, provide, or otherwise undertake certain design, permitting, construction, and contract administration services in connection with the Project as outlined below, and both the COUNTY and the DEVELOPER hereby covenant each to the other to implement the Proje concurrently with the Highway subject to and in accordance with the COUNTY'S road constructio, agreement for said Highway and the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION AND LOCATION OF HIGHWAY AND PROJECT 1.01 The Highway which the COUNTY is presently constructing pursuant to the COUNTY'S previously approved five-year secondary roadway program consists of constructing Livingston Road as a four (4) lane two (2) way urban roadway commencing at Radio Road and extending northerly to Go]den Gate Parkway. 1.02 The Project is specifically located opposite and adjacent to land held by DEVELOPER within part of Section 31, Township 49S, Range 26E, or approximately at Livingston Road, C.R. 881, station 128 + 43. The planned scope of work for the Project consists of a northbound fight turn lane access, southbound left turn lane access, signalization, associated drainage work and entrance reconfiguration as more particularly described in the COUNTY'S design plans for Project No. 60061 as designed by Collier County and which shall be amended by COUNTY for the purposes set forth herein. It is understood that said design plans prepared and provided by COUNTY are deemed herein to include appropriate construction drawings, permits, specifications and all other contract documents for DEVELOPER'S Project. SECTION 11. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate upon the completion of the services and responsibilities performed by the COUNTY and the DEVELOPER to each other's reasonable satisfaction ~'hich shall be evidenced in writing. .02 The COUNTY or DEVELOPER may terminate this Agreement with reasonable cause prior h ae completion of the Project, upon thirty (30) days prior written notice each to the other or as provided in :ection 2.03. In the event of such termination by either party, the COUNTY shall be entitled to 1 compensation for the value of services provided, construction performed, and termination costs as actually incurred. 2.03 The Project as proposed, except for the entrance reconfiguration, shall be primarily maintained by the County or its assigns with respect to roadway and drainage improvements and by private and/or public utility agencies with respect to any underground and aboveground utilities, all of which may exist within public rights-of-way and/or public or private easements. The DEVELOPER herein agrees to grant or acquire on behalf of the COUNTY at no cost to County all additional rights-of way and/or easements required by the COUNTY in order to construct the Project and thereinafter to enable the COUNTY to effectively maintain the Project. Such grant or acquisitions may include permanent easements ,,in perpetuity or temporary construction easements which shall expire and become null upon completion of all work specified by the Project design. In the absence of a formal grant of a permanent easement and/or temporary construction easement by DEVELOPER unto COUNTY, this Agreement shall terminate thirty (30) days after COUNTY'S written request for said easements, unless otherwise agreed by COUNTY. 2.031 The DEVELOPER herein agrees to convey a Road Right-of-Way, Drainage, Utility, Slope and Maintenance Easement, identified as Parcel #134A and referenced by the attached Exhibit "A", with the limitation that a portion of this Easement south of proposed Briarwood Boulevard be utilized only for slope and maintenance purposes, identified as Parcel #934A and referenced by the attached Exhibit "B". 2.0311 If the placement or construction of future utility, drainage or maintenance facilities is required within Parcel #934A, the DEVELOPER herein agrees to assist the COUNTY in finding a feasible and acceptable location. 2.032 The portion of Parcel #134A, north of Pamel #833B-OT and east of Parcel 933A-OT, as recorded in O.R. Book 2445, Page 3125 of the Public Records of Collier County, Florida, will be utilized to erect a signal pole, no additional utility structures will be erected upon this area without the consent of the DEVELOPER. 2.0321 If the placement or construction of future utility, drainage or maintenance facilities is required within the area identified in Section 2.032, the DEVELOPER herein agrees to assist the COUNTY in finding a feasible and acceptable location. 2.04 COUNTY reserves the right at its expense at a future time to restrict movement as part of a future highway improvement to Livingston Road. SECTION III. DEVELOPER'S RESPONSIBILITIES 3.01 The DEVELOPER shall assume the cost of designing and constructing the Project. 'The COUNTY shall provide copies of the plans and specifications for approval by the DEVELOPER. 3.02 The DEVELOPER shall not be responsible for, nor shall DEVELOPER dictate, the means, methods, techniques, sequences or procedures of construction relating to the Project, said responsibility to be that of the COUNTY and/or its contractor for the Highway and the Project. 3.03 The DEVELOPER shall not be responsible for the COUNTY or its contractors complying with OSHA Safety and Health Standards (29 CFR 1926/1920) as authorized by the U.S. Department of Labor, Occupational Safety, and Health Administration, said responsibility to be that of the COUNTY and/or its contractor for the Highway and the Project. 3.04 The DEVELOPER shall not be responsible for obtaining environmental and operational permits for the Project, said responsibility to be that of the COUNTY and/or its contractor for the Highway and the Project. AGEND, ITEM" No.- Pg 3.05 The DEVELOPER agrees to assign a representative or agent to the Project during design and construction of the Project so that the COUNTY may effectively coordinate its services with DEVELOPER. In this respect, the DEVELOPER agrees to require its representative or agent to attend regular progress meetings as may be requested by the COUNTY. The DEVELOPER'S representative or agent under this Agreement shall be ld~_ll±arn Sp±nell~. or any other individual, firm or entity that the DEVELOPER recommends to the COUNTY and the COUNTY henceforth approves. Moreover, the DEVELOPER'S representative or agent under this Agreement, ',,H. 11~.arn Sp±nelli. shall act-as DEVELOPER'S contract authority under this Agreement and any directions, instructions, or notifications 2 AGEND.~ ITEM No. 0 given such representative or agent by the COUNTY or by the COUNTY'S authorized representative or agP' ' shall be in full force as it given directly to the DEVELOPER. The above notwithstanding, the COUN shall endeavor to issue directives, instructions, or notifications relating to the Project .jointly to DEVELOPER and to i4illiara Spinellt . SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to the DEVELOPER by the COUNTY under the terms of this AGREEMENT, the "Anticipated Cost of Project" [ACP] and the "Actual Construction Cost Statement" [ACCS] are deemed to include but shall not necessarily be limited to the following items: 4.011 Roadway and drainage designs including plan reviews and coordination by COUNTY during construction; and, any resultant necessary revisions required by COUNTY, by DEVELOPER, or by utility or environmental agencies. 4.012 Coordination of the Project improvements with environmental permitting agencies and other governing authorities during design and construction of the Project and the Highway. 4.013 Formulation, preparation and administration time expended by COUNTY for this Agreement. 4.014 Reimbursement of the actual costs of constructing the Project, including reasonable and justified additional costs if incurred by the COUNTY directly related to delay and time extensions under the Highway contract caused by or necessitated by the Project work. 4.015 Construction and contract administration time for the Project, expended by the COUNTY on behalf of the DEVELOPER to the extent that such costs are reimbursable to the COUNTY as more particularly specified in 8.03 hereinafter. 4.02 The following specific services will be the obligation of the COUNTY regarding construct! and contract administration of the Project: 4.021 Coordinate COUNTY'S design and construction of the Project with DEVELOPER and/or DEVELOPER'S agent. 4.022 Conduct daily on-site observations of all work to review contractor compliance with the Project plans and specifications, with periodic written progress reports to the DEVELOPER'S agent or representative as deemed necessary by the COUNTY and if so required by DEVELOPER. 4.023 Coordinate contract related Project activities with the DEVELOPER'S agent or representative. 4.024 Confer with public officials and utility owners in an effort to coordinate work stages. 4.025 Maintain contact with necessary individuals or entities in an effort to assist the DEVELOPER'S representative or agent in ensuring that the COUNTY'S Highway contractor is constructing the Project according to COUNTY and DEVELOPER approved plans and specifications. 4.026 Keep a record of construction progress in accordance with accepted standard practice. 4.027 Conduct periodic field measurements and calculate quantities for monthly pay requests and coordinate such measurements and calculations with the DEVELOPER'S agent or representative. 4.028 Keep a daily record of on-site observations. 4.029 Administrate, in the form of plans, memoranda, reports, or design clarifications and changes which may be necessary during construction of the Project. If the DEVELOPER approves such changes and the price therefore, the COUNTY shall forthwith prepare Change Order and/or Supplement Agreement documents as appropriate for DEVELOPER'S execution. The above notwithstanding, the DEVELOPER additionally authorizes the COUNTY to prepare, execute and implement minor Change Orders for work changes necessitated by actual field conditions at the Project site to accommodate the 3 approved plans for the Project. Said Change Orders must be issued for work within the physical limits of the Project, and in no event shall the value of any individual Change Order exceed $1,000.00, nor shall the combination of such Change Orders exceed ten (10) percent of the estimated total contract amount for the Project. Additional or extra work not covered by existing COUNTY construction contract unit prices for the Project shall be authorized in writing through a Supplemental Agreement document signed by both the COUNTY and the DEVELOPER. 4.0210 Review and approve shop drawings for conformity with the Project's plans and specifications. ·4.0211 Review the Highway contractoffs claims for time extensions and extra compensation for the Highway and/or Project, if any, and advise DEVELOPER accordingly of resultant impact to the Project. 4.0212 Correct errors, omissions and deficiencies of a minor nature that appear in the Project plans and specifications during the course of construction with the exception of existing underground or above-ground private utilities. 4.0213Regularly and periodically examine, if requested by the DEVELOPER or DEVELOPER'S representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by the COUNTY'S Highway contractor to determine that they are in order for payment and consistent with the contract documents entered into between the COUNTY and the COUNTY'S Highway contractor for the construction of the Project. When such requests are deemed to be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project plans and specifications and shall transmit them for payment to the COUNTY Finance Director as part of the monthly payment processes for the Highway. 4.0214 Obtain required guarantees of contracts and subcontractors, and waivers and releases of claim of lien from persons and firms performing work or providing services on or for the Project. 4.02t 5 Notify the DEVELOPER if the COUNTY'S contractor's perfom~ance is or appears to be behind schedule with regard to the Project. 4.0216 Upon completion of all work associated with the Project, including all Change Orders and Supplemental Agreements thereto, make a final inspection of the Project with the DEVELOPER'S agent or representative. 4.0217 Prepare a final Report of Inspection and Certificate of Completion for submission to DEVELOPER for approval and forthwith secure final acceptance of the Project "as-built" from the Phblic Works Engineering Department and other local and state agencies having jurisdiction over the Project. 4.0218 If requested by DEVELOPER, provide DEVELOPER with amended drawings showing final construction of features including changes made during the course of the Project based on marked-up blueline prints, drawings and other data furnished by the COUNTY'S Highway contractor to the COUNTY. These amended drawings shall be designated as "record drawings", but shall not be certified by the COUNTY. AGENDA ITEM No. L, 4.0219 The COUNTY will utilize personnel having adequate qualifications and number in performing its' responsibilities hereunder. 4.0220 It is understood and agreed by the parties that the function of the COUNTY under the terms of this Agreement is to provide specific design, permitting, construction and contract administration services as enumerated heretofore. If the COUNTY'S Highway contractor at any time fails or failed to comply with its contract with COUNTY, then such failure(s) and subsequent compliance shall be the sole responsibility of said contractor, provided however, that if the COUNTY fails or failed to comply with the terms of this Agreement, the COUNTY shall be solely responsible to the DEVELOPER for such failure(s) or ~on-compliance. If the COUNTY'S contractor's failure to comply is a result of the DEVELOPER failing to' :omply with the terms of this Agreement then the DEVELOPER shall be responsible for such failure or non- ~mpliance. ECTION V. INDEMNIFICATION 4 AGE. NDA I:i'EM No.'~ '~~ 5.01 In consideration of ten dollars ($10.00) receipt and sufficiency of which is accepted throuv~- the signing of this Agreement by an authorized party or agent, the DEVELOPER shall indemnify and s the COUNTY harmless from any and all claims, liability, losses and causes of actions arising out of any error, omission, negligence of the DEVELOPER or its agents or representatives arising from or incident to the DEVELOPER'S performance under this Agreement as otherwise provided in Section 4.0220. This Indemnification shall also include payment by DEVELOPER of any costs incurred by the County to defend any actions covered by this indemnification. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named DEVELOPER, any sub-contractor, or anyone directly or indirectly employed by any of them. The DEVELOPER'S obligation under this provision shall not be limited in any way, by the agreed upon contract price [ACP] as shown in this Agreement or the DEVELOPER'S limit of or lack of sufficient insurance protection. The County shall indemnify and save the DEVELOPER harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, or negligence of the County, any contractor or sub-contractor hired to perform any work on the Project or any of their agents or representatives arising from or incident to the County's, such contractors' or sub-contractors' performance under or related to this Agreement or the Project. This indemnification shall also include payment by the County of any costs incurred by the DEVELOPER to defend any actions covered by this indemnification. SECTION VI. INSURANCE 6.01 The COUNTY and the DEVELOPER shall maintain insurance in the minimum amounts and types as required by Florida Law. 6.02 The COUNTY and the DEVELOPER agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations and most meet with th~ approval of the other party to this Agreement. SECTION VII. REPRESENTATIVES 7.01 The Collier County Public Works Engineering Department, either directly with the DEVELOPER or through duly authorized representatives assigned to the Project by him, shall act as the COUNTY'S contract authority under this Agreement. As the COUNTY'S designee under this Agreement, the Public Works Engineering Department shall also have the authority, with the prior written approval of the DEVELOPER, to extend the scope of work in the Project as heretofore described, up to a value not to exceed 15% of the COUNTY'S actual contract bid price for constructing the Project thus increasin~ the amount of design, permitting, construction and/or contract administration services beyond that originally contemplated herein. SECTION VIII. MUTUALCOVENANTS 8.01 The COUNTY will endeavor to commence with and complete construction of the Project in accord with the contract time previously established by the Board of County Commissioners for construction of the Highway pursuant to COUNTY Bid No. 99-2990. The work for both the Project and the Highway shall meet the specified standards of the State of Florida Department of Transportation and the COUNTY Transportation Services Division. 8.02 If requested by DEVELOPER, the COUNTY shall provide the DEVELOPER with a statement outlining the anticipated construction cost of the Project [ACP] within ninety (90) calendar days after execution of the Road Construction Agreement. The [ACP] shall summarize the estimated lump sum and/or unit prices for required work and construction materials multiplies by the COUNTY'S estimated quantities of said work and materials. The [ACP] represents the COUNTY'S best projection of the probable cost of constructing the Project based on the COUNTY'S design of the Project. t.03 The DEVELOPER shall pay unto the COUNTY the amount of Twenty-seven Thousand Six -Iundred Forty-seven Dollars and 89/100 ($27,647.89), as the escrow deposit [ACP] for construction of tl- roject by the COUNTY within fourteen (14) calendar days after the date of execution of this Agreement. 'he [ACP] herein includes Twenty-five Thousand One Hundred Forty-seven Dollars and 89/100 $25,147.89) for payment of the estimated cost of constructing the Project and 9.94% or Two Thousand Five 5 Hundred Dollars and No/100 ($2,500.00) for prepayment of COUNTY'S cost of services pursuant to Article 4.01 and 4.02 above, and as shown in the attached Exhibit "C", and titled "Briarwood Boulevard Cost Estimate". 8.04 The COUNTY shall provide the DEVELOPER, upon completion of the Project by the COUNTY, with a statement showing the actual construction cost of the Project (hereinafter referred to as "Actual Construction Cost Statement" [ACCS] within thirty (30) calendar days after the construction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER as specified heretofore under Article number 2.01. ,8.05 The COUNTY shall reimburse the DEVELOPER for the difference in value between the [ACP] and the [ACCS], if the former amount exceeds the latter amount. The COUNTY shall pay the additional amount to the DEVELOPER within forty-five (45) calendar days after the date on which the construction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER as specified heretofore under Article number 2.01. 8.06 The DEVELOPER shall reimburse the COUNTY for the difference in value between the [ACP] and the [ACCS], if the former amount exceeds the former amount. The DEVELOPER shall pay the additional amount to the COUNTY within forty-five (45) calendar days after the date on which the construction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER as specified heretofore under Article number 2.01. SECTION IX. MISCELLANEOUS 9.01 This Agreement shall be governed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorney's fees. 9.02 It is understood that this Agreement must be executed by both parties prior to the DEVELOPER and the COUNTY commencing with the work and services described heretofore. 9.03 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be reduced to writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by tbeir appropriate officials, as of the date first above written. AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST; DWIGHT E. BROCK, CLERK AGENDA ITEM No. %' Pg ASTO THE DEVELOPER: SIGNED, SEALED ANDDELIVERED IN THEPRESENCE OF: WITNESSES: Witnes~4~fi~ur~) Name (Print or Type) Witness (2~gn-atu~e) qame (Print or Type) TIMOTHY J. CONSTANTINE, CHAIRMAN BRIARWOOD DEVELOPMENT CORPORATION, aFl°rida--c°7~/~i~n ~ ,,q ,ff (SEAL) 6 STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared William Spinelli to me well know and known to me to be President of the Corporation named in the foregoing Agreement, and he ac'knowledged to and before me that he executed said Agreement on behalf of and in the name of said Corporation; that he is duly authorized by said Corporation to execute said Agreement and that said ,Agreement is the free act and deed of said Corporation. IN WITNESS WHEREOF, I have hereto set my hand and affixed by official seal this 19. ~ day of ~',.,,,~ ,A.D. 2000. Notary P/ut~'n and for the State atf.~County aforesaid. My Commission Expires: Approved as to form and legal sufficiency: ~]d~ F. Ashton Assistant County Attorney AGENDA ITEM g/hfa/2000 agreemeres-Two Party Agreements for Turn Lane Briarwood Development Corp. 7 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO..60061 PARCEL NO... 134A FOLIO NO... LEGAL DESCRIPTION (NOT A SURVEY) COMMENCING AT THE WEST QUARTER CORNER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, A DISTANCE OF 100.00 FEET TO THE EAST RIOHT OF WAY LINE OF LIVINGSTON ROAD; THENCE NORTH 0 DECREES 02 MINUTES 18 SECONDS WEST ALONO SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 976.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 451.33 FEET; THENCE LEAVING SAID EAST RIOHT OF WAY LINE NORTH 89 DEGREES 57 MINUTES 42 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOLrFH 0 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 384.33 FEET; THENCE SOUTH 8 DEGREES 27 MTNUTES 02 SECONDS WEST, A DISTANCE OF 67.74 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 42 SECONDS WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.200 ACRE (8,692 SQUARE FEET), MORE OR LESS. AGENDA ITEM PREPARED B . ' ....... DATE.. .7../..a..cf.. ~../GEORGE R. RICHMOND ~ .... ; PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX Pg. t ~ 3301 EASTTAMIAMI TRAIL · NAPLES, FLORIDA 34112 SHEET 1 OF 2 AGENDA No. i (¢ ~% pg '~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 89°57'42"E 20.00' PARCEL 134A p.o.c. WEST QUARTER CORNER I ~. S 8°27'02" W I J ~" 67.74' SEC. 3 l, TWP. 49S, RGE 26E. ~p..BO~. ~ ~.._.~ S 89o57,42,,w V~ 10,00' L~ 89°52'40" E 100.00' GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. =, TOWNSHIP GE. = RANGE 'AN = RIGHT OF WAY .LL DISTANCES ARE IN FEET AND DECIMALS THEREOF lOT VALID UNLESS SIGNED AND SEALED WITH THE IOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR APRIL 17, 2000 LR134A SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO..60061 PARCEL NO ...... 934A FOLIO NO... LEGAL DESCRIPTION (NOT A SURVEY) COMMENCING AT THE WEST QUARTER CORNER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, A DISTANCE OF 100.00 FEET TO THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 976.07 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE NORTH 89 DEGREES 57 MINUTES 42 SECONDS EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 301.33 FEET; TtjENCE NORTH 89 DEGREES 57 MINUTES 42 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 234.33 FEET; THENCE SOUTH 8 DEGREES 27 MINUTES 02 SECONDS WEST, A DISTANCE OF 67./4 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.061 ACRE (2,678 SQUARE FEET), MORE OR LESS. PARCEL 934A iAGE~,~DA ITEM . ~ ' . -} .- - - '~ ,-r~GEORGE R. RICHMOND . : .... J PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. ~ COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL , Pg. NAPLES, FLORIDA 34112 SHEET 1 OF 2 AGF_HDA ITEM No. !tc ~);-~-- PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY I P.O.C. WEST QUARTER CORNER PARCEL 134A ~ S 89°57'42"W 10.00' ~-~PARCEL 934A -- 10.00' ~,.~ 8°27'02" W 67.74' SEC. 31, TWP. 49S, RGE 26E. P.O.B. P O .1~ ~-~ 934A I ' ' ' "'~89°57'42"W / S 89°52'40" E ~- 100.00' GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2] P.O.B. = POINT OF BEGINNING 3t~c~EC. = SECTION 4) pP, = TOWNSHIP 5) rGE. = RANGE 6) ~,'V = RIGHT OF WAY 7) pL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) ~/OT VALID UNLESS SIGNED AND SEALED WITH THE EI~OSSED SEAL QF A PROFESSIONAL LAND SURVEYOR INOT TO SCALE MAY 16, 2000 LR134A SHEET 2 OF 2 EXECUTIVE SUMMARY APPROVAL OF AMENDMENT TO A RECLAIMED WATER AGREEMENT BY AND BETWEEN THE COLLIER COUNTY WATER SEWER DISTRICT AND AUDUBON JOINT VENTURE OBJECTIVE: That the Board of County Commissioner's, Ex-Officio the governing Board of Collier County Water-Sewer District approve the amendment to the original reclaimed water agreement by and between the Collier County Water-Sewer District and Audubon Joint Venture. CONSIDERATION: On September 20, 1988, Collier County and Audubon Joint Venture entered into a reclaimed water agreement. The original agreement identified certain areas located on Audubon Joint Venture's property that were approved for irrigation with reclaimed water. The original agreement identifies the user's golf course, related common areas, medians and maintenance areas as areas approved for irrigation with reclaimed water. In January 1999, as a result of routine Water Department cross connection control procedures, it was identified that many of the existing residential areas in Audubon were utilizing reclaimed water for irrigation purposes. The County Staff met with the representatives of Audubon and reached an agreement on operational conditions and terms to be included in the contract amendment. This amendment is necessary. to properly identify and account for reclaimed water usage within the Audubon Community pursuant to FAC rules and regulations. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approval of this amendment to the Original Reclaimed Water Agreement by and between the Collier County Water Sewer District and Audubon Joint Venture and authorize staff to record the Amendment to Agreement documents in the Official Public Records of Collier County, Florida. SUBMITTED BY' REVIEWED [3Y' . / ~ ,~.:: ~- '-'~ .~,; ~ DATE: '.~ ~/d~ Robert Casey. Coordinator of [~eclaimed Water / FIRST AMENDMENT TO AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER FIRST AMENDMENT TO AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER, entered into this ~ day of , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, herein referred to as "District," and AUDUBON JOINT VENTURE, herein referred to as "User." User is used as singular or plural as the context may require. RECITALS: WHEREAS, the District and User entered into a Reclaimed Water Agreement, effective on September 20, 1988, (hereinafter referred to as the "Original Agreement") which Original Agreement is recorded in the Official Records of Collier County at OR Book 1382, pages 258 through 264, inclusive; and WHEREAS, pursuant to the Original Agreement, said reclaimed water service commenced in February of 1992; and WHEREAS, paragraph three (3) in the Original Agreement described the areas of User's property to be irrigated by 800,000 gallons per day of reclaimed water as an 18 hole golf course, related common areas, medians and maintenance areas; and WHEREAS, User desires to be authorized by the District to use part of the subject 800,000 gallons per day of reclaimed water as a long-term, non-potable irrigation resource for additional property, namely, some or all of the residential lots described in Exhibit C, attached hereto. "NOW, THEREFORE, the parties hereby amend the Original Agreement only as follows; Paragraph three (3) on page two (2) of the Original Agreement is hereby amended to read as follows: "3. User may utilize the reclaimed water for some or all of the residential lots identified in Exhibit C, and .shall use such water for its 18 hole golf course, related common areas, medians, and maintenance areas. User shall accept and the District shall attempt to deliver eight hundred thousand (800,000) gallons per day of reclaimed water for these approved uses for the above-described properties." Except as specified in the above-amended paragraph 3, the Original Agreement is not affected by this First Amendment. Use of the reclaimed water to irrigate the residential lots is subject to whatever approvals, if any, may be required from Florida DEP. .o._//_, JUN 2 7 20O0 P~. IN WITNESS WHEREOF, the parties have subscribed their hands and seals for the day and year first above mentioned. (1) Wi{ness Signature~ff Printed/Typed Name By: ~ ' Preside t~re at (Signature) Printed/Typed Name (2) Witness Signature (Corporate Seal) Printed/Typed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was i ~ ~-~ ~ , 2000, by I~o ',~. ~L,-~: the President of Audubon Joint Venture. (Notarial Seal) ackn.o~wledged before me this ~/-/t day, of i! · ? ~,_, ~. ,-x , personally known to me to be Notary Public / My Commission Expires: DATED: ATTEST: By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney By: TIMOTHY J. CONSTANTINE, CHAIRMAN Exhibit C AUDUBON Proposed Non-Golf Course Reuse Water Service Areas COUNT SERVICE ADDRESS DESCRIPTION 712 5"F. GEORGES CT SINGLE FAMILY RESIDENTIAL 2 716 ST GEORGES CT SINGLE FAMILY RE$IDEhTIAL 3 720 ST~ GEORGES CT , , ~INGLE FAMILY RESIDEN'~AL 4 724 ST. GEORGES CT SINGLE FAMILY RESiDENt. AL s 728 ST. GEORGES C~ S~NGLE FAMILY .ES~eE~mAL s 732 ~. mORGES ~ S, NGLE ~,~,l,,Y, ~S~OENT~,L, 7 73~ ST. GEORGES C'T SIN~ GLE FAMILY RESIDENTIAL 8 740 ST. GEORGES CT siNGLE F,AMILY RESIDENTIAL 9 744 ST. GEORGES CT,, SINGLE FAMILY RESIDENTIAL 10 748 ST, GEORGES CT SINGLE FAMILY RESIDENTIAL 11 752 ST. GEORGES CT , SINGLE FAMILY RE~,IDENTIAL. 12 756 ST. GEORGES CT SINGLE FAMILY RESI[SENTIAL 13 750 ST GEORGES CT SINGLE FAMILY RESIDEN33AL 14 751 ST GEORGES CT SINGLE FAMILY RES!~.,E, NT,[AL, 15 747 ST. GEORGES CT SINGLE FAMILY RESIDENTI~,L 16 7~13 ST. G~, ORGES CT SI ,N~LE FAMILY RESIOEhTIAL 17 739 ST. GEORGES CT SINGLE FAMIL? RESIDENTIAL 18 735 ST.GEORGES CT SINGLE FAMILY RESIDENT{AL 19 15310 BURNABY DR SINGLE FAM{LY ,RESIDENTIAL,. 20 15315 8URNABY DR SINGLE FAMILY RESIDENTIAL 21 15311 BURNABY DR SINGLE FAMILY RESI.OENT~AL 22 15307 BURNAEY DR SINGLE FAMILY RESIDENT[, AL 23 15303 BURNAEY DR SING,,LE FAMILY RESIDENTSAL 24 1529~ BURNABY DR SINGLE FAMILY RESIDENTIAL,, ~5 15295 BURNAVY OR SINGLE FAMILY RESIDENTIAL 26 15291 5URNA~Y DR SINGLE FAMILY RESIDE,NT~,AL 27 15287 8URNABY DR SINGLE FAMILY RESIDENTIAL 28 15280 BURNABY DR SINGLE FAMILY RESIDENTIAL ~g 15280 BURNABY OR SINGLE FAMILY RESIDENTIAL 30 , .15275 BURNABY OR SINGLE FAMILY RES. IOENT~AL 31 lS27~ BURNABY DR SINGLE FAMILY RESIDENTIAL 32 15274 BURNASY DR SINGLE FAMILY RESIDENTIAL 33 15270 8~JRNABY OR SINGLE FAMILY RESIDENTIAL 3*- 1525'2 BURNASY DR SINGLE FAMILY RESiOENTIAL 35 15254 8URNABY OR ., SINGLE FAhyL, Y RESIDENTIAL 36 15250 BURNABY DR SINGLE FAMILY RESiDENTiAL 37 15246 8URN, ASY DR SINGLE FAMILY RESIDENTIAL 38 1,5242, BURNABY DR SINGLE FAMILY RESIDEN'rSAL 39 15238 8URNABY OR SINGLE FA.M[LY RESIOEhrTIAL 40 15234 BURNABY DR SINGLE FAMILY RESIDENTIAL 41 15218 BURNASY DR SINGLE FAMILY RESIDENTIAL 42 15263 8URNAirY OR SINGLE FAMILY RESIDENTIAL 43 570 POP, T~MOUTH CT SINGLE FAMILY ~ESIDENT~AL ~4 566 PORTSMOUTH,OT SINGLE FAMILY RESIOENT~AL 45 554 PORTSMOUTH CT SINGLE FAMILY RESIDEN31AL 46 550 PORTSMOUTH CT SINGLE FAMILY R, ESIOENTIAL JUN 2 7 2000 Exhibit C AUDUBON Proposed Non-Golf Course Reuse Water Service Areas 47 555 PORTSMOUTH C'T SINGLE FAMILY RESIDENTIAL 48 557 POR, T~,MOUTH CT SINGLE ,FAMILY RESIDENTIAL 49 561 PORTSMOUTH CT SINGLE FAMILY RESICENT~AL 50 555 PORTSMOUTH CT SINGLE FAMILY RESIDENTIAL 51 569 PORTSMOUTH CT SINGLE FAMILY RE~DENT3AL 52 573 PORTSMOUTH CT SINGLE FAMILY RESIDENTIAL 53 577 PORTSMOUTH CT SINGLE FAMILY RES~OENTIAL 54 15306 PEMBROKE PT SINGLE FAMILY RESIDENTIAL 55 15303 PEMBROKE PT SINGLE FAMILY RESIDENTIAL 56 15302 PEMBROKE PT SINGLE FAMIL,Y RE~OENTIAL 57 152S8 PEMBROKE PT SINGLE FAMILY RESIDENTIAL 56 15303 PEMBROKE PT SINGLE FAMIL,Y RESIDENT~,L 5g 1567,8 W, HITNEY LN SINGLE FAMILY RESIDENTIAL 60 15668 WHITNEY LN SINGLE FAMILY R, ES~DENTIAL Sl 15656 WHITNEY LN SINGLE FAMILY RESIDENTIAL 62 15648 WHITNEY LN SINGLE FAMILY RESIDEN"~AL 63 156:36 WHITNEY LN SINGLE FAMILy RES!D~,N~, AL 64 15628 WHITNEY LN SINGLE FAMILY RESIDENTIAL S5 15618 WHITNEY LN SINGLE FAMILY RE~DEN'F1AL 56 15605 WHITNEY LN SINGLE FAMILY RESIDENTIAL S7 15598 WHITNEY LN SINGLE FAMILY, RESIDENTIAL 68 15585 WHITNEY LN SINGLE FAMILY RESIOE~'IAL ~J9 15575 WHITNEY LN SINGLE FAMILY RESIDENTIAL 70 11565 WHITNEY LN SINGLE FAMILY RE~DEN'~AL 71 15555 WHITNEY LN SINGLE FAMILY RESIDENTIAL 72 15548 WHITNEY LN SINGLE FAMI,LY RESIDENTIAL 73 15530 WHITNEY LN SINGLE FAMILY RESIDENTIAL 74 15520 WHITNEY LN SINGLE FAMILY RESIDENTIAL 75 15505 WHITNEY LN SINGLE FAMILY RE$)DENT~AL 76 551 AUDUBON BLVD SINGLE FAMILY RESiDENTiAL 77 559 AUDUBON BLVD SINGLE FAMILY RES~OENT1AL 78 796 BRENTWOOD PT SINGLE FAMILY RESIDENTIAL 79 792 BRENTWOOD PT SINGLE FAMILY RESIDENTIAL 80 786 BRENTWOO0 PT SINGLE FAMILY RESIDENT3AL 81 780 BRENTWOOD PT SINGLE FAMILY RESI[~ENT1AL 82 774 BRENTWOO0 PT SINGLE FAMILY RESIDEhq9AL 83 768 BRENTWOO0 PT SINGLE FAMILY RESIQE,NTIAL 84 762 BRENTWOO0 PT SINGLE FAMILY RESIDE~AL 85 756 BRENTWOOD PT SINGLE FAMILY RESI[~ENT~AL 86 750 BRENTWOOD PT SINGLE FAMILY RESIDENTIAL 87 744 BRENTWOOD PT SINGLE FAMILY RESIDENTIAL 85 747 BRENTWOOD PT SINGLE FAMILY RESI[~ENTIAL 89 753 BRENT~/OOD PT SINGLE FAMILY RESIDENTIAL 90 759 BRENTWOOD PT SINGLE FAMILY RESiOEN'F~AL 91 765 BRENTWOOD PT SINGLE FAMILY RES1DElq'i3AL 92 771 BRENTWOOD PT SINGLE FAMILY RESIOENTIAL = 93 777 BRENTWOO0 PT SINGLE FAMILY RESIDENTIAL 94 769 BRENTWOOD PT SINGLE FAMILY RESIDENTIAL 95 504 ASHBURTON OR SINGLE FAMILY RESIDENTIAL ~TEN 2000 Exhibit C AUDUBON Proposed Non, Golf Course Reuse Wster Service Areas 96 80(3 ASHBURTON OR SINGLE FAMILY RESIDENTIAL 97 792 ASHBURTON DR SINGLE FAMILY RES!,DENT~AL 98 7§a ASHBURTON DR SINGLE FAMILY RESIDENTIAL 9g 784 ASHBURTON DR SINGLE FAMILy RESIDENTIAL 100 780 ASHE, URTON DR SINGLE FAMILY RESIDENTIAL 101 776 ASHE,URTON DR SINGLE FAMILY RESIDENTIAL 10~, 772 ASHEURTON DR SINGLE ,FAMILY RESIDENTIAL 103 768 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 104 764 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 105 760 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 108 758 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 107 752 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 108 748 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 109 744 ASHBURTON DR SINGLE FAMILY RESIOENTIAL 110 736 ASHBURTON OR SINGLE FAMILY RESIDENTIAL 111 732 ASHBURTON DR SINGLE FAMI.LY RESIOENT~AL 11,,2 ,- 728 ASHI~[JRTON DR SINGLE FAMILY RESIDENTIAL 13 724 ASHBURTON DR SINGLE FAMILY RESIDENTIAL,, 114 720 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 115 799 ASHBURTON OR SINGLE FAMILY RESIDENTIAL 116 803 ASHBURTON OR SINGLE FAMILY RESiDENTiAL 117 807 ASH~,URTON DR SINGLE FAMILY RESIDENTIAL 118 811 ASH~,URTON OR SINGLE FAMILY RESIDENTIAL 119 ~,15 ASHBURTON DR SINGLE FAMILY RESIDE,?TIAL 120 819 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 121 823 ASHBURTON DR SINGI F FA~, ILY ~ESIDENT~AL 122. 827 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 123 831 ASHBURTON DR SINGLE FAMILY RESIDENTIAL 124 835 ASHBURTON OR SINGLE FAMILY RESiDENTiAL 325 839 ASHBURTON OR SINGLE FAMILY,RESIDENTIAL 126 101 GREENFIELD CT S~NGLE FAMILY RESIDENTIA, L 127 105 GREENFtELD..,CT SINGLE FAMILY, RESI~,ENTiAL 128 109 GREENFIELD CT SINGLE FAMILY RESIDENTIAL 129 113 GREENFIELD CT SINGLE FAMILY RESIDENTIAL 130 ~ 17 GREENFIELD CT SINGLE FAMILY RESiIDENT~AL 131 121 GREENFIELD CT SI..N~LE FAMILY RESIDENTIAL 132 125 GREENFiELO CT SINGLE FAMILY RESIOENT]AL ,,. 133 129 GREENFIELD CT SINGLE FAMILY RESIDENTIAL 134 133 GREENFIELD CT SINGIF FAMILY RESIDENTIAL 135 ~ 40 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 136 144 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 137 14~ CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 138 151 CHE$,Ht RE WAY SINGLE FAMILy RES, IDENTiAL 139 152 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 140 155 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 141 159 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 142 163 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 143 164 CHESHIRE WAY SINGLE FAMI,LY RESIDENTIAL_ 144 167 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 2000 Exhibit C AUDUBON Proposed Non. Golf Course Reuse Water Service Arses 145 168 CHESHIRE WAY SINGLE[ FAMILY RESIDENTIAL 146 171 CHF.~HIRE WAY SINGLE FAMILY RESIDEI~i3AL 147 172 CHESHIRE WAY SINGLE. FAMILY RESIDENTIAL 148 179 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 149 185 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 150 191 CHESHIRE WAY ~.INGLE FAMILY REStOENT~A.L 151 ~a9 CHESHIRE WAY I SINGLE FAMILY RESIDE/qT]AL 152 235 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 153 244 CHESHIRE WAY,, SINGLE FAMILY RESIDEN3'3AL 154 245 CHESHIRE WAY SINGLE FAMILY RESIDEN'I3AL 155 248 CHESHIRE WAY SINGLE FAMILY RESIDENt. IAL 158 249 CHESHIRE WAY SINGLE FAMILY RESIpENTIAL 157 252 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 158 259 CHESHIRE WAY SINGLE FAMILY RESIOEN'I3AL 159 29:3 CHESHIRE WAY SINGLE FAMILY RESIDEN ,TI, AL 160 267 CHESHIRE WAY SINGLE ,FAMILY RESIDEN.T?A,L, 161 259 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL ~62 212 CHESHIRE WAY SINGLE FAMILY RESIOENT, IAL ~ 63 204 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 164 200 CHESHIRE WAY SINGLE FAMILY R ESID ENTIAL 165 196 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 166 192 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 167 188 CHESHIRE WAY SINGLE FAMILY RESIDENTIAL 168 505 ,CHARLESTON CT SINGLE FAMILY RESIOEN'TI. AL 169 213 CHARLESTON CT SINGLE FAMILY RESIDENTIAL 170 233 CHARLESTON CT SINGLE FAMILY RESIOEN?I, AL 171 237 CHARLESTON CT SINGLE FAMILY RESIOENTIAL 172 241 CHARLESTON CT SINGLE FAMILY RESIDENTIAL 173 281 CHARLESTON CT SINGLE FAMILY RESIDENTIAL 174 285 CHARLESTON CT SINGLE FAMILY RESIDENTIAL 175 204 CHARLESTON CT SINGLE FAMILY RESIDENTIAL 176 242 HAYDON CIR SINGLE FAMILY RESIDENTIAL 177 2~6 HAY{DON CT SINGLE FAMILY RESIDEr-,~T]AL 178 301 CHANCERY SINGLE FAMILY RESIDENTI. AL 179 3O5 CHANCERY SINGLE FAMILY RESIDENTIAL 180 317 CHANCERY SINGLE FAMILY RESIDENTIAL 181 313 CHANCERY SINGLE FAMILY RESIDENTIAL 182 309 CHANCERY SINGLE FAMILY RESIDENTIAL 183 321 CHANCERY SINGLE FAMILY ,RESIDENTIAL 184 34..5 CHANCERY SINGLE FAMILY RESIDENTIAL 185 349 CHANCERY SINGLE FAMILY RESIDENTIAL 186 3,'3~ CHANCERY SINGLE FAMILY RESIDEN'RAL 187 328 CHANCERY SINGLE FAMILY RESIDENTIAL 188 324 CHANCERY SINGLE FAMILY RESIOEN'~AL 159 320 CHANCERY SINGLE FAMILY RESIOENT1AL 190 31,6 ,C~NCERY SINGLE FAMILY RESIDENTIAL 191 312 CHANCERY SINGLE FAMILY RESIDENTIAL 192 308 CHANCERY SINGLE FAMILY RE.S. IOEN'I3AL 193 ALL OEVON GREEN LANE SINGLE FAMILY RESIDENTIAL, ,,, AG£ NDA_LT~.~ ~ .0. //-, JUN 2 7 ZOOO PG. 7 Exhibit C AUDUBON Propoee(t Non-Golf Course Reuee Water Service Area,, 194 105 AUDUBON BLVD SINGL.E FAMILY RESIDENTIAL 195 109 AUDUBON BLYD SINGLE FAMILY RESIDENTIAL 196 123 AUDUBON BLVD SINGLE FAMILY RESIDENTIAL 197 127 AUDUBON BLVD ! SING ,I.~ FAMILY RESIDENTIAL 198 131 AUDUBON BLVD SINGLE FAMILY RESIDENTIAL 199 143 AUDUBON BLVD SINGLE FAMILY RESIDENTIAL .i200 14,7 AUDUBON BLVD. SINGLE FAMILY RESIDEN'r~AL 201 151 AUDUBON BLVO SINGLE FAMILY RESIDENTIAL 202 153 AU, ,DUBON BLVD SINGLE FAMILY RESIDENTIAL 2o3 187 AUDUBON BLVD SINGLE FAMI,I;.Y RESIDENTIAL 204 171 AUDUBON BLVD SINGLE FAMILY RESIDENTIAL 205 175 AUDUBON BLVD ,SIN .G,.,LE FAMILY RESI,D., .E~,IT1A= ,L ., 206, 179 AU.,DU~.?N B,I.VD ,, SINGLE FAMILY RESIDE,NT!AI. 207 187 AUDUB?N BLVQ SINGLE FAMILY RESIDENTIAL 20,8 , 191 AUDUBON ,B. LVO , SINGLE ,FAMI,Ly RESIDENTIAL 209 195 AUDUBON BLVD SINGLE FAMILY RESIDENTIA.,L 210 199 AUDUBON ,BLVD SIN(~LE F?MIL, Y R, ESIQENTIAL 211 :207 AUOUBON ~LVD SINGLE FAMILY RESIIDENTIAL 212 211 AUDUBON EILVO SINGLE FAMILY RESIDENTIAL 213 AAUDUBON BLVD. MULT1 F, AMILY RESIDENTIAL 214 B AUDUBON BLVD. I MULTI FAMILY RE$1DE~NTIAL 215 C AUDUBON BLVD MULTI FAMILY RESIDENTIAL 216 D AUDUBON BLV D MULTI FAMILY R.ESIDENTI~L 217 E A,UDUBON BLVD MULTI FAMILY RESIDENTIAL ~'18 F AUDUBON BLVD MULTi FAMILY RESIDENTIAL Page AGENDA_ I[£M . JUN 2 7 2000 EXECUTIVE SUMMARY INCREASE AWARD AMOUNT OF BID NO. 00-3055 FOR PAINTING OF AERIAL WATER, WASTEWATER AND EFFLUENT LINES OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, increase the award amount of Bid No. 00-3055 in the amount of $20,979. CONSIDERATIONS: On May 9th, the Board of County Commissioners awarded Seacor Painting Corporation, a contract to paint all of the aerial water, wastewater and effluent pipes, in the amount of $44,220. The bid award was based on a per linear foot price of $9.65 for 4,584 feet of pipe to be painted. Upon further inspection the Water and Wastewater Departments have determined that an additional 2,174 linear feet of aerial piping requires painting and desire to have the bid award amount increased by $20,979 to a total award of $65,199. Bid No. 00-3055 had three bid submittals. The other two bids submitted were substantially higher than the Seacor bid, $15.22 per linear foot from CEM Enterprises and $18.28 per linear foot from Service Painting of Florida. FISCAL IMPACT: The fiscal impact of this purchase is in the amount of $20,979. Funds are available in the Water Distribution and Wastewater Collections Cost Centers. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, increase the award amount of Bid No. 00-3055 in the amount of $20,979, to Seacor Painting Corporation. SUBMITTED BY: REVIEWED BY: lIEVIEWED BY: APPROVED BY: Consent Agenda Pamela Libby, Water Distribution Supervisor Paul Mattausch, Water Director /Edward N. Finn, Public Utilities Adminislralor 98 Cr~ Cir~l~ P.O. Box 588 Campbell OH Ph. (330) 750-1772, (330) 755.6361~ Fax: (33~) 750.1407 June 13,2000 Attn~Mr.Ty Stuller Collier County Goverment 3301 East Tamiami Tratl,BZdg H Naples, FL 34112 This letter is to confirm that there is and additional 2,174 feet of pipe to be painted above the original bid of 4,584 feet. We wil! paint the additional-pipe at the same price of $9.65 per foot, for a total of $20,979.10 If you have any questions please feel free to call me at the abo;e phone number. Nick D.Frangos t President Seacot Painting Corp EXECUTIVE SUMMARY TENTATIVELY AWARD CONTRACT PENDING EASEMENT ACQUISITION TO CONSTRUCT 30-INCH IMMOKALEE ROAD PARALLEL SEWER FORCE MAIN, BID 00-3074, PROJECT 73943. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award tentatively a contract pending easement acquisition to construct the 30-inch Immokalee Road Parallel Sewer Force Main for the Wastewater Department. CONSIDERATIONS: On May 1, 2000, ninety-four bid inquiries for 30-inch Immokalee Road Parallel Sewer Force Main were sent out. Sixteen sets of bid documents were sold to interested bidders and suppliers. On May 31, 2000, seven bids were received as described in the attached bid report letter with the bid tabulation table and are summarized below follows: BIDDER Total Base Bid Total Base Bid with Alternate 6a. Florida State Underground, Inc. $1,670,056.35 $1,624,758.35 Ryan Incorporated Eastern $1,699,661.00 $1,677,911.00 Mitchell & Stark Construction Co., Inc. $1,799.649.00 $1,757,599.00 D. N. Higgins, Inc. $1,941,678.00' $1,927,903.00 ManCon, Inc. $2,156,100.00 $2,131,595.00 Guymann Construction, Inc. $2,458,228.43 $2,436,188.43 Cross Country Pipe and Rail. Inc. $2,549,041.80 $2~502,076.30 * corrected total base bid Florida State Underground, Inc. was the lowest, responsive bidder with a total base bid of $1,670,056.35 and also for the total base bid with Alternate 6a. Florida State Underground, Inc. has a satisfactory performance record on previous projects involving similar work. In the attached letter dated June 2, 2000. the Design Professional, Greeley and }tansen, recommends awarding the bid to Florida State Underground, Inc. E~eeutive Summary Award Bid 00-3074 for 30-inch Immokalee Road Parallel Sewer Force Main Page 2 Alternate 6ais for open cut pipe installation which is an alternate to the total base bid Item 6 task for jack and bore pipe installation under Creekside Boulevard which is currently under construction. Alternate 6a may be exercised during construction if the contractor awarded this bid can schedule his work to be completed first in coordination with contractor working at Creekside. This is dependent upon when the easement acquisition is closed by the property owners. On May 23rd, 2000, as Agenda Item 16(B)(21), the Board adopted a resolution authorizing the acquisition of easements for the 30-inch force main by gift or purchase. The acquisition negotiations are expected to be closed by July 2000. Staff recommends tentatively awarding the bid pending easement acquisition to the lowest bidder, Florida State Underground, Inc., for the total base bid in the amount of $1,670,056.35. FISCAL IMPACT: Funds in the amount of $1,670,056.35 are available in County ~,,'~' Wastewater Capital Projects. Source of funds is Fund 413 - Sewer Impact Fee. GROWTH MANAGEMENT IMPACT: This project is needed to meet future sewer flows in the north service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(c)(4) and 12(c)(5). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, tentatively award the bid pending easement acquisition, and that once all of the easements are acquired, authorize the Chairman to execu[e a Contract with Florida State Underground, Inc. in the amount of $1,670,056.35 to construct Bid 00-3074, 30-inch Immokalee Road Parallel Sewer Force Main. Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department AG£ND~,,~i:~~ ~ JUN 2 7 2000 E/cecutive Summary Award Bid 00-3074 for 30-inch Immokalee Road Parallel Sewer Force Main Page 3 REVIEWED BY: Gwen Butler, Acting Director Purchasing Department DATE: REVIEWED BY: KarlW. Boyer, P.E~., InterimDirectoDrATE: Public Utilities Engineering Department REVIEWED BY: oe~he ~ DATE: J atham, Wastewater Director Public Utilities Wastewater Department APPROVED BY: ~~~ (?.A~'~ Finn~,, Ir(-V~rim Ad(ninistrator Public Utilities Division Attachment: Award Recommendation Letter dated 6/2/00 from Greeley and Hansen with Bid Tabulation. MVT:mvt ~Te.. "-- 2000 ARTHUR H, ADAMS WALLACE A. AMBROSE RONALD E. BIZZARRI THOMAS J. SULLIVAN JERRY C. BtSH ROGER J. CRONIN JOHN M. SKACH JOHN C. VOGEL T~RRY L. WALSH RONALD F. MARTIN KENNETH V. JOHNSON CARL M. KOCH. PH,D. EDWARD M. GERULAT, JR. CLYDE WILBER FRANK J. TANTONE STEPHEN H. PALAC ANDREW W, RICHARDSON STEVEN A. GYORY JOSEPH R. POPECK PAUL S, HAGLUND FEDERICO E. MAISCH R~CHARD P. MILNE HAROLD D. GILMAN JOSEPH M. CERVONE TIM GREIF CLIFFORD M. POMEP~NTZ ROGER S. HOWELL SCOTT T. GIRMAN HARVEY A. BRODSKY DAVID C. HAGAN DAVID V. HOBI~S NICHOLAS J. HOUMIS BURTON S, KAHN JAY H. LOVELASS MIKE PEKKALA RENSO GASPAROTrO PAUL J. VOGEL JONG S, LEE, PH.D. RICK L. SCHOENTHALER EDWIN M. PHILLIP~ V. SAM SUIGUSSAAR ~ 'OGER P. LINDE TER R POLSTER ?ANLEY S. DIAMOND JOHN R. BRATBY. PH.D. WILLIAM L. JUDY JOSEPH M. GORGAN GAETANO GARIBALDI THOMAS E. POEHLS D. BRET]' BARBER GREELEY AND HANSEN ENGINEERS 2201 CANTU COURT · SUITE 107 · SARASOTA, FLORIDA 34232 (941) 378-3579 · FAX (941) 378-9489 June 2, 2000 '00JUN 5 Mr. Mohan V. Thampi, P.E., REM Project Manager Collier County Public Works Engineering County Government Center 3301 E. Tamiami Trail Naples, Florida 34112 Subject: 30-Inch Immokalee Road Parallel Sewer Force Main Public Works Engineering Project No. 73943 Bid 00-3074 Report on Bids Dear Mr. Thampi: We have tabulated the bid forms received by Collier County for the 30-Inch Immokalee Road Parallel Sewer Force Main and present our findings herewith: 1. General Bids were invited by an Invitation to Bid for the work shown and described in the Bid Documents. A pre-bid conference was conducted on May 17, 2000. One addendum, No. 1, was issued on May 24, 2000, and receipt was acknowledged by all bidders. Submitted Bid Schedules were opened, read aloud and recorded in the Purchasing conference room, 3301 East Tamiami Trail, General Services Building, Naples, Florida 34112, at 2:30 p.m. on May 31, 2000. 2. Bids Received Seven bidders submitted bids for Bid No. 00-3074, 30-Inch Immokalee Road Parallel Sewer Force Main, each of which was accompanied by a bid bond in the amount of five percent of the amount bid as bid security. The individual submitted Bid Schedules have been tabulated and are summarized as follows: FOUNDED IN 1914 JUN 2 7 2000 Name and Address of Bidder: Total Computed Amount of Bid o o Florida State Underground, Inc. 73 Commercial Boulevard Naples, FL 34104 Ryan Incorporated Eastern 786 South Military Trail Deerfield Beach, FL 33442 Mitchell & Stark Construction Co., Inc. 6001 Shirley Street Naples, FL 34109 Douglas N. Higgins, Inc. 2887 Tamiami Trail E. Suite 1 Naples, FL 34112 ManCon, Inc. 3460 SW 11~h Street Deerfield Beach 33442 Guymann Construction, Inc. 5686 Youngquist Road Fort Myers, FL 33912 Cross Country Pipe and Rail, Inc. 5650 Yahl Street, Suite 1 Naples, FL 34109 $1,670,056.35 $1,699,661.00 $1,799,649.00 $1,941,678.00 $2,156,100.00 $2,458,228.43 $2,549,041.80 A detailed tabulation of the submitted Bid Schedules showing individual Cbntract Item unit and total prices is included with this report as Exhibit 1. The bid includes an item (Bid Item 6) for ajack and bore crossing of Creekside Boulevard. An alternate Bid Item 6a was included in the Bid Schedule to allow for the open cut installation of the casing pipe crossing Creekside Boulevard. The low bidder, Florida State Underground, Inc., also had the lowest bid price for alternate Bid Item 6a. Using the bid prices submitted for the bid alternate does not change the ranking of the bids and reduces the low bid amount by $45,298.00 to $1,624,758.35. 3. Contingent Conditions None of the Submitted Bid Forms contained statements or remarks relative to the bid, award of the Contract or the execution of the work. ! ^~.~;~ "~/~ -- N0. ~_~.~ jUN 2 7 2000 GREEELEY AN~"~ )'(~-'~J--~J ~ 4. Irregularities The submitted Bid Schedule from Douglas N. Higgins did not indicate the 30- inch pipe material on the schedule form; however, the pipe material was indicated on the Material Manufacturer's sheet submitted with the bid. The total computed price by Douglas N. Higgins was incorrect. The corrected total is shown on Exhibit 1. The submitted Bid Schedule from Guymann Construction, Inc. did not indicate the 30-inch pipe material. 5. Evaluation of Prices Attached is the latest Engineer's Estimate of Construction Cost, which was revised to reflect changes made by addendum. Our Engineer's cost estimate was $1,482,204. Bids received on May 31, 2000 ranged from a low bid of $1,670,056.35 to a high bid of $2,549,041.80. Most of the construction costs for this project are associated with the material and installation costs for the 30-inch diameter pipe. Our estimated cost for the 30-inch pipe is based on historical costs for similar size pipeline construction with similar construction conditions. There are several factors that influence construction costs which are beyond the control of the engineer. Recent rises in fuel costs and the "tight" labor and construction marketplaces are the likely reasons why the bid prices received for the 30- inch pipeline are higher than our estimated costs. 6. Recommendations Our investigation indicates that the apparent low bidder for the 30-Inch Immokalee Road Parallel Sewer Force Main, Florida State Underground, Inc., is qualified, responsible, and able to perform the required work. We recommend that a Contract in the amount of $1,670,056.35.00, for the construction of the 30-Inch Immokalee Rod Parallel Sewer Force Main, be awarded to Florida State Underground, Inc. Respectfully submitted, GREELEY AND HANSEN Roger S. Howell, P.E. GREELEY AND JUN 2 7 2000 HANSEN z c~o ~o o~ ¥ ~ qo~== g ~ooooooooo ~ · ~ dddd ~ ~dddddddd~ z'~ ~o~ ~ ~oooooo~ g <~ ~ ~o~ oooooooooo g g § ~o~ ~ --- ~ ~ooo~oo ~_ · ............. % ~ z ~ z z' ~ ~ ~ m ~ oooo ~ ~ ~ o~ ~ ........... ~ =E~ ~ 8 ~ oooooo .~._~S~~ ~.~~ ,, /~ ~ JUN 2 7 2000 EXECUTIVE SUMMARY APPROVE CHANGE ORDER TO THE NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION, BID 99-2908, PROJECT 73031 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a Change Order to the construction contract with Project Integration, Inc., for several improvements to the North County Water Reclamation Facility (NCWRF). CONSIDERATION: This Change Order will incorporate the following improvements and credit items: · Reimburse contractor for pre-payment of construction trailer permit fees (add $379.00). · Furnish and install four motorized valve operators (add $14,167.00) · Hydoseed re-shaped effluent pond slopes (add $2,420.00). · Delete aeration basin concrete wall fillets (deduct $8,306.00). · Credit for temporary potable water and electricity for the construction trailers (deduct $2,190.00). · Paint the interior walls of the vactor truck dumping station (add $3,550.05). · Modify and extend the sludge screw conveyor to improve resultant sludge operations (add $7,356.00). · Modify the hypochlorite facility concrete columns to facilitate new light pole bases (add $549.00). A full description, reason for change, justification and series of correspondence related to each item is included in the attached Change Order. A summary of change orders to-date on this project is provided as follows: Amount Days to Days to SubstantialFinal Completion Completion Original Contract Sum of previous changes Proposed Change Order Revised Contract $18,350,000.00690 750 $48,475.60 0 0 $17,925.05 0 0 $18,416,400.65690 750 (09/22/01) (11/21/01) This change order does not impact the original substantial or final completion dates. FISCAL IMPACT: Funding for this change order in the amount of $17,925.05, is available in County Sewer Capital Projects. Source of funds is Impact Fees. NO ._ ;" ,J U N 7 Executive Summary Approve Change Order To NCWRF Expansion Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute a Change Order for the NCWRF 5-mgd Expansion, Bid 99-2908, Project 73031. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department /..-? ) Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department J ep~h Cheatham, Wastewater Director Wastewater Department tEdward N. Finn, Interim Administrator Public Utilities Division Date: Date: (,:, 15/oo Attachment: Copy of Proposed Change Order .j kJ N '"' '7 2{.]u~ Prrgect Int~an~im~, Inc. West P~m Beach, FL 33407-1945 Project N~me: Noeth Cotrely Water lZeeI~rn,tion F~esllty 5-MGD Rxpmaion Con~'~etlon Ag~en! Dinted: ~ov~b~' 2. 1999 Bid No.: 99- 290~ Chm~ti~ OrdctNo.: ~ l~t¢: Juno 12. 2000 Chang~ Ord~ Emscriptiom The Bo~d ofC~ ~~ ~ Bid No. 99-290~, for S I g,350.000.~ ~t~ ~oj~ Intc~, I~c. ~ Au~ 3, 1999, t~ No. 16~X~. ~e foiling do~m~t~fi~ is a~h~ to this Chan~ Ord~: (1) WfiRm ~ (d~ption, ~ md jttsfifi~fion) f~ ~c~ it~: (2) Table of co~cr~it a~ts; ~d {3) ~!a~d ~n~. Original sgr~nt artmum .........................................................................................$ ~t~m of pr,~'ioua ,~hm,§o indus m'nount ......................................................................$ 'this CTmmge Order Amot~t [~dd] ...............................................................................$ Revised Agramerit dmount. .......................................................................................... t 8.3 ~0,000.00 ~8,475.60 ~7,~5-05 t8,416,400,65 Oflllfilal e~mtmet time to final complc~io~ ;.-. c~lendar el~ys ............. Ad~u~d number of ealend~r d~y~ due to p~vlou~ ekimg, ord~r~ ..... This ¢h~ngo order adjust=d tim~ ~ final c.;orr?lotlon il ................... R=~4~d Con~mct ~lme f~r finat eor~le~ton tn e~lmdar e~o~ ........... 7_~0 dayg 0 days 0day~ 750 day~ Original contract time to substantial cnmpletion in ~dar days ...... A~ug~ a~ of ~1~ dly; duc to pr~ou~ ch~ge a~ ..... ~i= change o~ adju~ time to ;ub~(i=l ~mpl~i~ i; ............. R~D~ Con~t ~ for ~ubslanff~ complan in ea~dgr 690 O 0 6~ days Oriffin~l Noti;u to Pt~o~d d~rc .......................................................................... $uba~:m~&t eompl~on d~¢ ba$od oa ongma! c~ntrm~t time ............................... Pixel co~tetto~ d~e ba~d m~ o~i~al con~ei tlr~ .......................................... Re~ls~d substantml cnmpl~tim~ date .................................................................. R~'ais~d fina$ eampl~tlon dine .............................................................................. 11~2~9 O~2~OI 09~01 Y~ur iwoeptan~ of this ch~mge order shall consthute a m~ifi~i~ t0 our A~t ~d ~11 be p~o~ed 1o all the s~c t~s and o~dttiom ~ ~mcd in our A~t in~clt~ ~v~ ss folly ~ if thc ~c~tcd in ~is ~ce. ~e ~u~L if ~y, to ~is A~t s~all ~stitute a ~ll ~d fin~ s~l~t of ~y ~d all cld~ of the C~ctor ~sing out of. or ml~cd m. the chsn~ set fo~ h~in. including cl~ i~a~ ~d d~I~y eogrL Collt~ Coun~ kblic Utilili~s Enamoring ~olli~ C~n~ublto U~Gs ~-c~ng ~t CoHi~ Co~ W~ De~ ~m II~e by O~ ~nd: ~13 Co~ C~m: ~6361 ~ Obj~ ~: ~6~ I00 ~e~ ~o.: 7303 I) G:Wo~Ch~Se ~ M~.doc R~ COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION PROJECT CHANGE ORDER NO. 2 SUMMARY OF ITEMS Item Item Change in No. Description Contract Price 1 Construction Trailer Permit Fees $ 379.00 2 Motorized Valve Operators $14,167.00 3 Hydroseeding Pond Slopes $ 2,420.00 4 Deletion of Aeration Basin Fillets ($ 8,306.00) 5 Temporary Utilities ($ 2,190.00) 6 Vactor Truck Station Painting $ 3,550.05 7 Screw Conveyor Modifications $ 7,356.00 8 Hypochlorite Facility Light Pole Bases $ 549.00 TOTAL $17,925.05 CHGORD2TABLE PG. ~ ~ COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION PROJECT CONSTRUCTION CHANGE ORDER NO. 2 SUMMARY OF ITEMS ITEM NO.: 1 TITLE: Construction Trailer Permit Fees COST: $379.00 Description: Payment of fees to the Collier County Building Permit Department for installation and hookup of four construction trailers that serve as field offices for the Contractor, electrical subcontractor and Engineer. Reason: Construction trailer permit fees are typically paid by the County Public Utilities Division through an inter-department funds transfer. To expedite installation of the trailers, the Contractor opted to pay the fees directly and seek reimbursement from the County through a change order. Justification: To expedite installation of the trailers and construction of the project. ITEM NO.: 2 TITLE: Motorized Valve Operators COST: $14,167.00 Description: To furnish and install four (4) motorized operators on reuse and reject water valves. Reason: The contract documents did not include a valve operator schedule. The quantity of motorized operators was not shown clearly on the contract drawings. A total of five motorized operators are required, and the Contractor included one motorized operator in his bid. Justification: The additional cost for the four operators was due to the omission of a valve operator schedule in the Contract Documents. The motorized valve operators required as part of the automatic control system to route effluent to the reuse water system or the reject ponds, depending on effluent water quality. The additional work results in a betterment to the project. ITEM NO.: 3 TITLE: Hydroseeding Pond Slopes COST: $2,420.00 Description: Included in this contract is a work item to install earth fill to raise the height of the berms at Effluent Ponds 1A and 2. In order to maintain the same berm slopes, the interior and exterior sides of the berm consist entirely of new fill material. CHGORDER2 ,o. i .J U N 2 '7 200'7 : Change Order No. 2 Summary June 9, 2000 Page 2 of 4 The contract documents did not call for the new slopes to be seeded with grass. Therefore, the Contractor was requested to seed the slopes as an extra work item. Reason: The slopes of the berms must be seeded with grass to prevent erosion of the slopes from winds and rain. Justification: The hydroseeding was inadvertently omitted from the Contract Documents. The additional work results in a betterment to the project. ITEM NO.: TITLE: COST: 4 Deletion of Aeration Basin Fillets (8,306.00) (credit) Description: The Contract drawings require that triangular concrete fillets be poured along the length of each Aeration Basin at the junction of each base slab and wall. These fillets were deleted from the Contract. Reason: Theoretically, the purpose of the fillets is to prevent solids from accumulating in the sharp corner at the wall/slab junction. In later observing other aeration basins without the fillets, it was noted that there is not a significant amount of sludge that collects at these corners. Justification: Having determined that the fillets are not needed, they were deleted in order to provide cost savings to the project. ITEM NO.: 5 TITLE: Temporary Utilities COST: ($2,190.00) (credit) Description: The County is providing potable water and electricity to the Contractor's construction trailers. Neither utility is being metered. The cost of utilities is the Contractor's responsibility. It was agreed that the Contractor would reimburse the County every six months based on a monthly estimate of utilities used. Reason: Based on the location of the connections to potable water and electricity for the trailers, it was not practical to install meters to track usage for billing purposes. Therefore, the County and the Contractor agreed on the reimbursement plan described above. Justification: Reimbursement is required, since trailer utilities are the Contractor's responsibility per Contract. CHGORDER2 Change Order No. 2 Summary June 9, 2000 Page 3 of 4 ITEM NO.: TITLE: COST: 6 Vactor Truck Dumping Station Painting $3,550.05 Description: This item provides for the Contractor to paint the interior walls of the Vactor Truck Dump Station with a high-solids epoxy coating system. Reason: The coating of the interior wall of the Vactor Truck Dumping Station was inadvertently omitted from the Contract's Painting Schedule. Justification: The additional coating is necessary to prevent corrosion of the concrete walls, which will be exposed to hydrogen sulfide, dilute sulfuric acid and other corrosive substances contained in the material that is dumped at this facility from the County's vactor trucks. This will result is a betterment to the project. ITEM NO.: 7 TITLE: Screw Conveyor Modifications COST: $7,356.00 Description: The new screw conveyor that will transport dewatered sludge from Belt Press No. 3 to the sludge hauling trucks will be increased in length by approximately 6 feet. Reason: Currently, a horizontal belt conveyor transpods sludge from existing Belt Presses 1 and 2 and discharges through a hopper opening in the floor to the sludge hauling trucks. Belt Press No. 3 and a new screw conveyor are being installed under this contract. As designed, the screw conveyor would have discharged into a separate hopper to the sludge hauling trucks. This separate hopper would have been approximately 7 feet from the existing belt conveyor discharge hopper. Operations staff noted that this would create two separate and uneven piles in the sludge truck trailers. In order to create a single pile, it was agreed to extend the screw conveyor to discharge more closely to the belt conveyor and create one pile in the truck trailers. This change also required that the existing discharge opening in the floor slab (for the belt conveyor) be extended to accommodate the revised screw conveyor discharge point. Justification: This work was requested by the County's Operations staff and will result in a betterment to the project and future truck loading operations. ITEM NO.: 8 TITLE: Hypochlorite Light Pole Bases COST: $549.00 Description: The Contract drawings show light poles to be installed atop the concrete secondary containment walls at the Hypochlorite Facility. This change item includes additional reinforcing steel and revised forming to incorporate columns within the containment walls to support the light pole bases. CHGORDER2 Change Order No. 2 Summary June 9, 2000 Page 4 of 4 Reason: The light pole bases are anchored into the top of the concrete secondary containment walls. The dimensions of the light pole bases are larger than the thickness of the wall. Therefore, a column as designed to extend beyond the edge of the wall to provide an adequate mounting location for the light pole bases. Justification: The support columns were inadvertently omitted from the Contract Drawings and are required in order to provide proper lighting at the Hypochlorite Facility. CHGORDER2 COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. 1 Description:Construction Trailer Permit Fees Amount: $379,00 Correspondence Log: November 8, 1999:Contractor's request for reimbursement from County for construction trailer County permit fees. November16, 1999: Public Utilities Engineering handwritten note on Contractor's November 8, 2000 letter indicating approval for upcoming change order. ~PROJECT IAITEGRATIOIV, INC. November 8, 1999 Peter Schalt. Public Works Engineering Department County Government Center 3301 E. Tamiami Trail, Bldg. D Naples, FL 34112 Ref: North County Regional WRF 5MGD Expansion Collier County Project 99-2908 Dear Mr. Schalt: In order to expedite the installation of construction trailers for this project, we paid the County the initial permit fees as follows: 1. Temporary Use Permit for all four trailers in the amount of $75.00. 2. Building Permit with Micro Film Surcharge in the amount of $76.00 per trailer for a total amount of $304.00. We request reimbursement in the amount of $379.00 for these permits by way of a change order or separate check. If you have any questions, please contact our office. Sincerely, Hal Myrah Project Manager cc~ James Mansfield: PI Dick Noerr: PI Kurt Pfeifer: H&S Permit File Corres. jtj~ , /, 7 LUUu 3174 45~ STRE~ SUlm 70, WEST PALM B~, FL 33407-1946 Official Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number I Date I Post Date Payment Slip Nbr 161756 10/25/99 1:31:18 PM 10125199 MS 61467 NO COUNTY REGIONAL WATER FACILITY 10500 GOODLETTE RD Payor · PROJECT INTEGRATION INC Fee Information Fee Code 11TUCT IDescription I GL Account CONSTRUCTION TRAILER TEMPORARY313890034393000000 Total Amount $75.00 $75.00 Waived Payments Payment Code CHECK Memo: TEMP USE 990537 Account/Check Number Amount $75.00 Total Cash $0.00 t Total Non-Cash $75.00 Total Paid [ $75.001 Cashier/location: GARRETT S / 1 User: FRONT DESK Collier County Board of County Commissioners CD-Plus for Windows 95/NT Print :1~5/99 1:31:51 P._M jUN 27 Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners 162359 10/27/1999 5:03:50 PM 10/28/1999 PT 1999101613 Address: 10500 GOODLETTE RD Owner: COUNTY WATER-SEWER DISTRICT COA fi: Permit Type: CTLR Job Desc: CONST TRAILER fil FOR ELECTRICIAN Applicant: HALVOR DBA: PROJECT INTEGRATION, INC. Swr Meter: Wtr Meter: Payor: PRO JEST INTEGRATION Fee Information Fee Code t Description GL Account Amount Waived 08BPNP BLDG PERMITS- NAPLES .. 11313890032211000000 $73.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 _ Total $76.00 Payments ~HECK 1142 ;.':-'a $76.00 J Memo: Total Cash t $0'00t Total Non-Cash $76.00 Total Paid ( $76.001 Cashier/location: FROLOFF E / 1 User: HART J Collier County Board of County Commissioners CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioner° CDPR1103 - Official Receipt ITrans Number IDate IPost Date I Payment Slip Nbr 162358 10/27/1999 5:02:09 PM 10/28/1999 PT 1999101881 Address: 10500 GOODLE'FI-E RD Owner: COUNTY WATER-SEWER DISTRICT COA #: Permit Type: CTLR Job Desc: CONST TRAILER #2 FOR ENG. Applicant: HALVOR DBA: PROJECT INTEGRATION, INC. Swr Meter: Wtr Meter: Payor: PROJECT INTEGRATION Fee Information Fee Code Description GL Account Amount Waived 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $73.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 Total $76.00 Payments IPayment c°de / Acc°unUCheck Number I Amount J CHECK 1'~ 1:42~L ~ $76.00 Memo: Total Cash Total Non-Cash Total Paid $0.00 ] $76.00 $76.001 Cashier/location: FROLOFF_E / 1 User: HART J Collier County Board of County Commissioners CD-Plus for Windows 95/NT ,0._/4, (~;"~2. .JUN 2 7 PG. Printed:10/27/1999 5:03:12 P~.'i _J Official Receipt CDPR1103 - Official Receipt Collier County Board of County Commissioners l Trans Number IDate IPost Date 162356 10/27/1999 4:58:36 PM 10/28/1999 IPayment Slip Nbr PT 1999101883 Address: 10500 GOODLETTE RD Owner: COUNTY WATER-SEWER DISTRICT COA #: Permit Type: CTLR Job Desc: CONST TRAILER #3 FOR GC Applicant: HALVOR DBA: PROJECT INTEGRATION, INC. Swr Meter: Wtr Meter: Payor: PROJECT INTEGRATION Fee Information Fee Code Description GLAccount Amount Waived _ 08BPNP BLDG PERMITS - NAPLES 11'313890032211000000 $73.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 Total $76.00 Payments · Payment Code 1AccounI/Check Number Amount{ CHECK t 1142 ' $76.00 Memo: Total Cash $0.00 Total Non-Cash $76.00 Total Paid [ $76.001 Cashier/location: FROLOFF E / 1 User: HART J Collier County Board of County Commissioners CD-Plus for Windows 95/NT .0, /4, JUN 2 7 20~30 PG. '/¢ Printed:10/27/1999 5:00:00 PM Official Receipt - Collier County Board of County Commissionere CDPR1103 - Official Receipt [iT6rans Number I Date. I Post Date ] Payment Slip Nbr 2357 10/27/1999 5:00:09 PM 10/28/1999 PT 1999101885 Address: 10500 GOODLETTE RD Owner: COUNTY WATER-SEWER DISTRICT COA #: Permit Type: CTLR Job Desc: CONST TRAILER #4 FOR ENG. Applicant: HALVOR DBA: PROJECT INTEGRATION, INC. Swr Meter: Wtr Meter: Payor: PROJECT INTEGRATION Fee Information Fee Code Description. GLAccount Amount Waived 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $73.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 Total $76.00 lPayment Code CHECK Payments . j Accoun_t/Check Number t.1142'~" AmountJ $76.0o/ Memo: Total Cash Total Non-Cash Total Paid $0.00 $76.00 $76.00 ] Cashier/location: FROLOFF_E / 1 User: HART J Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUN 27 2000 ! PG. __.'._] --,~ .,. Prinled:10/27/1999 5:02:01 PM COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. 2 Description: Motorized Valve Operatom Amount: $14,167.00 Correspondence Loll: January 20, 2000: June 9, 2000: Contractor's request for additional costs totaling $14,167.00. Engineer's letter accepting Contractor's cost proposal. JUN-09-00 FRI 14:43 PROJECT lNTEGRfiTION FfiX t(O, ~'~OJECT INTE~.ZlTIOAI, /NO. .l~.nllary 20, 9000 Ku~A,P£effer, P.E. Hazen&$awyer POBox 110939 Naples, PL34108 5616881018 P, 01/01 North Collier Co. RWRF 5MGD Expansion Motor Operated Valves RFP # 08 Dear 1~'. P£~ffer: We are furnishing a price to install motor operators on underground butterfly valves in reference to yotrr letters of December 16, 1999 and December 21, 1999. Your letters were initiated by (mr letters of' October 25, 1999 and December 20, 1999 in which we assert that there were no motor operators called for on the underground butterfly vMves except for valve m:mber 39. The price for adding a motor opcrator actuator and dclcting the manual "nut" operator is as follows: yalve Motor Operator Reject Valve No. 35 $ 3,508.00 Reject Valve No. 34 $ 3,337.00 Reclaimed Valve No. 44 $ 3,814.00 Reclaimed Valve No. 39 In Contract Reclaimed Valve No. 33 $ 3,508_,0~.q Total .............................................................................$14,167.00 We have elected not to charge any labor or overhead to provide these motor operators. We are requesting compensation to pass on to our vendor for the actual material costs only. Please issue a change order to our contract increasing it by $14, I67.00 and no additional time. Shop drawings [or these motor operators are currently being worked on and should be in your hands by early February. If you have any questions, please contact our office. Sincerely, Project Manager cc: lames Mansfield: Pt Dick Noerr: PI RFP # 08' Cortes. HAZEN AND SAWYER Environmental Engineers & Scientists Hazen and Sawyer, P.C. 2101 Corporale Blvd. Boca Ralon, FL 33431 561 997-8070 Fax: 561 997-8159 June 9,2000 Mr. Hal Myrah PROJECT INTEGRATION, INC. 3114 45t" Avenue, Suite 10 West Palm Beach, Florida 33407-1945 Dear Mr. Myrah: We have reviewed your proposal reject/reuse piping. The additional incorporated into Change Order No. 2. - Faxed this Date - Collier NCWRF 5-MGD Expansion Motorized Valve Operators to provide and install four motorized operators on cost of $14,167.00 is acceptable and will be Please contact me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager C: Pete Schalt Dale Waller File 4772 - 7.9.3 motvalveops. doc J U N 2 7 Zuo;,~ New York, NY · Armonk, IFY · Woodbury, NY . Upper Saddle River. NJ · Derroll, M{ · Raleigh, NO · Charlotte. NC · Fairfax, VA · Hollywood, FL · Boca Baton, FL · Fed Pierce. FL · Gainesville, FL · Sarasota, FL · Miami. FL COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. 3 Description:Hydroseeding Pond Slopes Amount: $2,420.00 Correspondence Log: February 21, 2000:Contractor's request for additional costs totaling $2,420.00. June 9, 2000: Engineer~s letter accepting Contractor's cost proposal. PROJECT ~ r:ebruary 21, 2000 INTEGRATION, INC. RECEIXrED HA~:iN'_ AhlD SAWYER. P.G. Collier County Field Kurt A. Pfeifer, P.E. Hazen & Sawyer PO Box 110939 Naples, FL 34108 North Collier Co. RWRF 5MGD Expansion Pond Slopes RFP #13 FEB 29 2000 JdB' lo ....... Dear Mr. Pfeifer: We are submitting a proposal as requested to "Hydroseed" the slopes of Ponds 1A & 2. Our hydroseeder, Triple J of Lee County, Inc. price is .22 cents per S.Y. per the attached quote. We estimate that there is approximately I0,000 S.Y. of pond slopes. 10,000 S.Y. ~ .22/SY .......................................................................$2,200.00 Contractor's OH & P (10%) .............................................................$ 220.00 Total .............................................. $2,420.00 Our estimated price is $2,420.00 and no additional contract time to "Hydroseed" the pond slopes. Please note that Triple J will not guarantee the growth of the 'Hydroseed" due to the type of soil on the slopes and the fluctuating water table. Further, if watering is required it will be additional and billed at $66.00 an hour. This proposal expires in thirty (30) days. If you have any questions, please contact our office. Sincerely, Hal Myrah Project Manager James Mansfield: PI Dick Noerr: PI RFP# 13 Corres. J U N 2 '? 3114 45TH STREETS, SUITE 1 O, WEST PAL M B~ CH, FL 33407-1945 · [561} 6B~ ? 145 · F~ [56 ? ) 6BB- 10 ? 8 01/12/2000 15:38 941-3~-7093 TRIPLE J OF LEE CTY TRIPLE TI{II'!,E ,I OF LEE COUNTY INC.- !'ROI'OSAI, POST OFFICE BOX 72:58 FEB ~ ~(10 FT. MYERS, FLORll)A 33911-7258 !'!lONE (941) 337-2177 FAX (941) 337-7093 - oB hb. - We hereby submll speclfi~llons & esllmete~ for: HAZEN AND SAWYEll. Gellie- Gounb~ Field To be measured upon complelion. Please sign and return so we may schedule your work. We hereby propose Io furnish lab~ end maleda~s - campIsle In accordenos wllh the above apeeiffel!ions. For lha BUm of:. . Pe_vm.-nl bl-ed on .etul_l_ qUmetit!el lnlLallBd , with payment to be made a, follows: Payment um)n receipt or invoice. A m-mobilize[inn charge o! Sg5.00 will be billed In addif_k-~ (o Ihe above orl~e f=~n~c~ time we hJva I~ InnV_n nnd rnlurn_L_. beyond our control_. - ....... - All malarial Is guaranteed to be as specified. All work !o be campleiad In a workmanlike manner according to alan(lard practices, Any alteration or deviation from above specifications by the owner or his reprelenletlvea Involving extra co, Is, will becom~ an exits charge over and above Ihe esllrr~a~ All agreements contingent upon strlkeg. eccldenls or delays bey. j~d ~r conlrol. This proposal I, subJecl Io acceptance within ~ days and I, void thereslier af I~]~ opJ~n of Ihe UlCersigned..----.-,- ...... ~ '-' ~ .... ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do Ihe work as specified. Payment will be made as Dulllead above. ACCEPTED: Signature: [:)ale: Signslurs; HAZEN AND SAWYER Environmental Engineers & Scientists Hazen and Sawyer. P.C. 2101 Corporate Blvd. Boca Raton, FL 33431 561 9978070 Fax: 561 997-8159 June 9,2000 -Faxed this Date - Mr. Hal Myrah PROJECTINTEGRATION, INC. 3114 45~ Avenue, Suite 10 West Palm Beach, Flodda 33407-1945 Collier NCWRF 5-MGD Expansion Hydroseeding at Pond Berms Dear Mr. Myrah: We have reviewed your proposal to seed the berms at Effluent Ponds 1A and 2. The additional cost of $2,420.00 is acceptable and will be incorporated into Change Order No. 2. Please contact me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, Project Manager C; Pete Schalt Dale Wal/er File 4772 - 7.9.3 hydroseed. doc York ~'iY · A~fmer~k. fly · Woodbu;¥. I~Y · UoDer Saddle R~vor. NJ · DelmiL I,,~1 · Raleigh. NC · ChadoRe, NC · raJrlax, VA · Hollywood. FL · Boca Raton, FL · Fort Pierce. FL · Gainesville. Ft · Sarasola, FL · Miami, FL COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. 4 Description:Deletion of Aeration Basin Fillets Amount: ($8,306.00) (credit) Correspondence Lo.q: February 8, 2000: February 10, 2000: February 11, 2000: February 21, 2000: Contractor's Request for information regarding Aeration Basin fillets. Engineer's response to RFI No. 37, requesting that Contractor submit a credit proposal to delete the concrete fillets. Contractor's credit proposal of $8,306.00. Engineer's letter accepting the Contractor's proposed credit. Itazen and Sawyer, P. NCWRF Field Office 10500 GoodieRe-Frank Road ~,ples, Florida 34109 TRANSMITTAL No. 00273 PROJECT: COLLIER NCWRF 5-MGD EXPANSION DATE: TO: Project Integration, Inc. REF: 3114 45th Avenue Suite 10 West Palm Beach, Florida 33407-1945 Hal Myrah ATTN: 2/10/00 Request for Information WE ~ SENDING:' [] Shop Drawings SUBMITTED FOR: - · [] Approval .ACTION TAKEN; [] App~ovod as Submitled [] Letter [] Your Use [] Approved as Noted [] Prints [] As Requested [] Rlmimed PAler Loan [] Change Order [] Review and Comment [~ R~bmit [] Plans [] Submit [] Samples SENT VIA: [] Returned [] Specifications [] Attached [] Returned for Corrections []~ Other: Request for Information [] Separate Cover V/a: Mail [] Due Date: ITEM PACKAGE SUBMITTAL DRAWING REV. ITEM NO. COPIES DATE DESCRIPTION xtJ:l 00037 I 2/8/00 Aeration Basin Fillets ~temarks: Please submit credit proposal per attached response. STATUS OUT CC: Gary Streeter, Pete Schalt, Dale Waller, Dick N~ Signed: FEg-10-00 THU 07:04 PROJEOT II{TEGRfiTION FaX NO, B616881018 P. 03/03 REQUEST FOR INFORMATION TO: FROM: Kurt Pfeifer, .Haze. n & Sawyer Hal_M~Tah SUBJECT: Aeratiog Basin FilletS PROJECT: NCRWF No: 37 SUBCONTRACT/MATERIAL CONTRACT:. ORAVaNa NO. 3S4. & 3S6 SPEC. QUESTION - ATTACH SKETCHES AS REQUIRED: We reques[ permission to delete the (8 each) 1'-0"x2'-0" Fillets in the Aeration Basin running E~st- West @ Elev. 5.007 Please respono by February 10, 2000. DATE OF R~..QUEST: RESPONSE FROM ADDRESSEE: Pdor to approval, please submit a credit proposal for the requested deletion of the eight longitudinal fillets. Include deducted costs for materials and labor for installation of rebar, keyways, forms and grout, as shown on Dwg. 3S6 (Section A) and Dwg. SD-1 (Detail K). DATE OF REPLY: SIGNATURE: L]ARCHITP_.CT IDOWNER E]MECItANICAL OELECTRICAL DISTRIBUTION: DSTRUCTURAL D [] [] JROJECT INTEGRATION, INC. RECEIVED Collar County FEBIS February 11, 2000 Kurt A. pfeifer, P.E- Hazen & Sawyer PO Box 110939 Naples, FL 34108 North Collier Co. KWRF 5MGD Expansion Aeration Basin Fillets KFP #10 Dear Mr. pfeifer: Please find our attached break down for the deletion of the Aeration Basin Fillets as requested in your response to KFI No. 3'/. The credit for the deletion is $8,306.00 and no change in contract time. · "- If you have any questions, please contact our office. Sincerely, Hal Myrah Project Manager James Mansfield: PI Dick Noerr: PI RFP #10 Cortes. 3~ ~4 45TH ST~E~ SUITE I0, WEST PALM B~CH, FL 33407-1945 · (561J 6~ ~ 145 NORTH COLLIER CO. Ii3DCT FWD /h,x~¢r,k/ UNITS To7a~ B{IS SHEET FORWARD HAZEN AND SAWYER Environmenial Engineers & Scientists Hazen and Sawyer, P.C 2101 Corporale Blvd. Boca Ralon, FL 33431 561 997.8070 Fax: 561 997-8159 February 21, 2000 - Foxed this Date - Mr. Hal Myrah PROJECT INTEGRATION, INC. 3114 454 Avenue, Suite 10 West Palm Beach, Florida 33407-1945 Collier NCWRF 5-MGD Expansion Deletion of Aeration Basin Fillets Dear Mr. Myrah: We have reviewed your credit proposal for the deletion of the concrete fillets in the Aeration Basins, as shown on Contract Drawings 3S6 and SD-1. The proposed credit of $8,306.00 is acceptable and will be incorporated into Change Order No. 1. Please contact me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager C: Pete Schalt Dale Wal!er Gary Streeter File 4772- 7. 9.3 fillets. doc Hew Yolk. I,IY · Arnlonl' H~ - W0odbuly, hY · Uppc~ Saddle River. NJ · Delloi, dl · Raleigh I,!C · ChaiIotlc I1{: - faillax, VA - Hollywood. FL · Boca Ralon, F[ ·Fod PieIce. FL · Gainesville COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. $ Description:Temporary Utilities Amount: ($2,190.00) (credit) Correspondence Log: December 22, 1999: Contractor's credit proposal of $2,190.00. February 21, 2000: Enginee¢s letter accepting the Contractor's proposed credit. ~PROJ£~T IAITEGRATIOAI, IAIC. December 22, 1999 RECEIVED I-Ifi7.EN JLND SAVeEll. P.C. Collier Gmmt¥ Field JAN $ 20O0 Kurt A. Pfeifer, P.E. Hazen & Sawyer 10500 Goodlette Road, North Naples, FL 34109 · North Collier Co. R~,rlLF 5MGD Expansion Temporats' Utilities RFP//02 Dear Mr. Pfeifer: We were requested during the December 21, 1999 Job Meeting to prepare a proposal to reimburse Owner for the use of their potable water and electricity for the construction trailers. Our proposal is as follows: Potable Water $15.00/mo. Electricity $350.00/mo. We suggest that a deductive change order be issued every six (6) months in the amount of $465.00/per month with the first one commencing on April 15, 1999. If you have any questions, please contact our office. Sincerely, Project Manager co: James Mansfield: PI Dick Noerr: PI RFP//02 Corres. 3114 45TH STREE[, SUITE I O,. WEST PALM BEACH, FL 33407-1945 · [56 7160l~17 45 · FAX (S61} 6BB- l O1B HAZEN Environmental Engineers & Scientists Hazen and Sawyer. P C 2101 Corporale Blvd Boca Raton, F[ 33431 561 997-8070 Fax: 561 9918159 February 21, 2000 - Faxed this Date - Mr. Hal Myrah PROJECT INTEGRATION, INC. 3114 45t" Avenue, Suite 10 West Palm Beach, Flodda 33407-1945 Collier NCWRF 5-MGD Expansion Credit for Temporary Utilities Dear Mr. Myrah: We have reviewed your credit proposal [or the Contractor's use of potable water and electricity at the Contractor's and Engineer's construction trailers. The proposed monthly amount of $365.00 is acceptable. The first six months of credit amount will be included in Change Order No. 1. Please contact me if you have any questions. Very truly yours, HAZEN AND SAVVYER, P.C. Kurt A. Pfeifer, P.E. Project Manager C: Pete Schalt Dale Waller Gary Streeter File 4772 - 7.9.3 utilities. doc rqew Yodt i',ty · Armonk. IJY · Woodbup,'. NY · Upper SadJ e Rve IIJ · Delroil. MI · Raleigh. NC · CRadolte. tic · Failfax. VA · Holl¥~'",od. F[ · Boca Raton F[ · Fart P~erce. F[ · Gainesville. ~[ · Sar~s.:;la I L · M~ami F[ COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. 6 Description:Vactor Truck Dump Station Painting Amount: $3,550.05 Correspondence Log: March 28, 2000: March 31, 2000: Apdl 10, 2000: Engineer's letter responding to Contractor's verbal request for clarification regarding painting of the intedor of the Vactor Truck Dump Station walls. Contractor's proposal for additional cost of $3,719.00. Engineer's work directive, authorizing the Contractor to proceed with work at an additional cost of $3,550.05 (Contractor's proposed overhead and profit reduced from 10 percent to 5 percent per General Conditions). Hazen and Sawyer, P NCWRF Field OfFice 0500 Goodlette-Frank Road ""~"aples, Florida 34109 TRANSMITTAL No. 00514 PROJECT: TO: COLLIER NCWRF 5-MGD EXPANSION Project Integration, Inc. 3114 45th Avenue' West Palm Beach, Florida 33407-1945 DATE: lIEF: 3/28/00 Vactor Track Station Coating of Interior Floors and Walls ATTN: Hal Myrah WE ARE SENDING: [] Shop Drawings [] Letter [] Prints SUBMITTED FOR: jJ~J Approval Your U~ [] As Requested ACTION TAKEN: [] Approved as Submittc~l [] Approved *s Noted [] Returned After Loan [] Change Order [] Revie,,v and Cornmen! [] Re:submit ~ Plans [] Submit [] Samples SENT VIA: [] Relumed [] Specifications [] Attached [] Relumed for Corr~ctioas [] Other: [] Separate Cover Via: [] Due Date: ITEM PACKAGE SUBMITTAL DRAWING REV. ITEM NO. COPIES DATE .--- I 3/28/00 Remarks: DESCRIPTION Painting at Vactor Track Station, Marked-up Copy of Contract Drawing 12SI STATUS Ilal- You had requested clarification on required painting to interior of Vattot Truck Station. The floor and walls shall be coated as shown on the attached copy of Contrcat Drawing 12SI. Per new Keynote//3, paint shall be per System B8 (Itigh Solids Epoxy). Please call if you have any questions. CC: Dick Noerr, Gary Streeter, Pete Schalt, [)ale Waller, File 7.9.2 gxp~,tion ® wt2-f4 ~r. DEI'AJL PIT SECTION COUNTY WATER-SEWER DISTRICT COLLIER COUNTY, FLORIDA NI~TH L'93UNTY REb-'lrUN/~L VATE~ I:~.CL6J4ATZI~q' FACILITY ~ ~ EXPANSION E1..7.0' VAC TRUCK DUMP FACILITY PLAN AND SECTIDNS RECEIVED 1-t3_Z~'21~ AND SAWYER, P.C. Collie~ County Fi~,ld 71'~pROJECT iNTEGRATION, INC. -'"' {ch 7, I, 2000 Kurt A. pfeifer, P.E. Itazen & Sawyer PO Box 110939 Naples, FL 34108 RE: North Collier Co. RWRF 5MGD Expansion Vactor TruCk Dump Facili~ Painting tLFP #21 interior pit Dear Mr. pfeifer: Please find the attached price from Service Painting to apply the EpoXy High Solids Coating to the floor and wails in the ¥actor Truck Dump Facility as noted in the accompanying sketch. Our proposal for the painting is as follows: $3,381.00 Se 4Oe eai tm ........................"/;.i .... oH&P '" :. We request a change order increasing our contraCt by $3,719.00 and no additional time to perform Please respond as soon as possible so as not to hold up the installation of the interior PVC piping. If you have any question, please contact our office. Sincerely, Hal Myrah Project Manager lames Mansfield: P1 Dick Noerr: P1 RFP #21 CorTes. 3~ 14 45TH STRE~ SUITE JO,. WEST PALM ~CH, FL 334074945 · 15~1) 6B~ ~ 145 · F~ (5811 6BB-lO1B -2000 FRI 11:12 hN SFDVICE P~INTING OF FL F~X NO. 941 Q39 1543P. 0l $ E R V C E PAINT NG FLOR DA FLOR DA FLOR DA FLOR DA F L O I-~ DA FLOR DA FLOR DA FLOR DA F LO R I_) ,A, FLOR DA F L O I~ lJ /,. FLOR DA FLORIDA FLORIDA F LO I'¢ IDA FLORIDA r: L O R I [) A FLORIDA FLORIDA March 3 I, 2000 Mr. Hal Myrah Project lntcgration, Inc. 3114 45th Street, Suite 10 West Palm Beach, FL 33407 RE: 1N.C.R.W,R.F, 5 MGD Expansion, Truck Vac Dump Facility (Floor Coating System BS) Dear Hal: Pcr your request, the extra charges to install System B8 at the Track Vac Dump Facility is $3,381.00. I f you have m~y qaestious, please call me. Yours truly, Service Painting of Florida, Inc. Senior Estimator REW/kmp NC'RWP, l"SMGDTruekVacDumpl;a~fliryprop:t31 O0 93B MILDRED DRIVE FORT MYERS 94'1 .939.762c) , '}nrt 7 ......... FLORIDA 33901 F~.X 941 .939.1543 Environmental Engineers & Scientists Hazen and Sawyer, P.C. 2101 Corp0rale Blvd. Boca Raton, FL 33431 561 997-8070 Fax: 561 997-8159 Apdl 10, 2000 - Faxed to County for Signatures This Date - Mr. Hal Myrah PROJECT INTEGRATION, INC. 3114 45"~ Street, Suite 10 West Palm Beach, Florida 33407-1945 Collier NCWRF 5-MGD Expansion Work Directive - Vactor Truck Paintin,(] Dear Mr. Myrah: We have reviewed your proposal in the amount of ~'" ~'~9,99-for painting the interior walls and floor of the Vactor Truck Station. Your subcontractor's proposed costs are acceptable. Note that according to the General Conditions of your contract, the General Contractor's allowable markup of the subcontractor's total cost is 5 percent. Based on ~rl,~arkup from 10 percent to 5 percent, the revised proposed cost is This letter serves as a Work Directlye authorization to proceed with the work. The additional cost will be compensated in Change Order No. 2. Please call me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Resident Engineer Recommended by: Approved by: Pete Schalt, PMP Collier Count~ect Manager J~Cheatham Collier County PW, Wastewater Director C: Gary Streeter File 7. 9. 3 JUN ), vactorpaint pg ._..~_.~ Iq~w ¥o~k. t Y · Almdnk. NY · Woodbury. NY · Upper Saddle R~vef, tlJ · DehoiL MI · Raleigh, J4C · gharJdlle, NC · FaiJfax, VA · Hollywood, FJ · Boca Ralon. FL · Jori Pierce, FI · Gainesville. FL · COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. 7 Description:ScrewConveyor Modifications Amount: $7,356.00 Correspondence Log: Apdl 21, 2000: June 9, 2000: Contractor's proposal for additional cost of $7,356.00. Engineer's letter accepting proposed cost. JUN 2 7 ~_?J~J0 7 ~PROJECT IIVTEGRATIO/V, IIVC. April 21, 2000 Kurt Pfeffer, P.E. Hazen & Sawyer PO Box 110939 Naples, F1 34108 REF: North Collier Co.RWRF 5-MGD Expansion Conveyor Modifications RFP No. 25 Dear Mr. Pfeffer: We are responding to the Hole Montes & Associates letter of March 20, 2000 which accompanied the return of shop drawing 14451-01 on modifications to the new and existing sludge conveyors. Our cost to provide the modifications is $7,356.00 and no additional time per the attached breakdown. If you have any questions, please contact our office. Sincerely, Hal Myrah Project Manager Cc: James Mansfield: PI Dick Noerr: PI RFP #25 Corres. HAZEN AND SAWYER, P.C, Collier Co~mt i~ Field '20OO 37 ?4 45TH STREEt, SUITE 70,. WEST PALM BEACH, R_ 33407-1945 ° [5617 688-1145 ° FAX (567} 688-1018 FROM RON SHUPLER April 4, 2000 04.04.2000 41R COUNI'HY CLU~ DRIVE WINTER PARK, FLORIUA 377BI) PHONE (407) tl28-15813 EMAIL heywacdw~ Jl aul. J~om 11:02 73fi0 CAMINO R~AL, $U!'TE 2t~9 BOCA BATON, FLORIDA 33433 PHONE (1~I) 447-,1047 FAX (661) 447-4570 EMAIL heyw~n~ml Q i~Ol.oom Hal Myrah Project Integration Inc. 3114 45th St., Suite 10 West Palm Beach, FL 33407 Subject: Collier County - North County Regional Water Reclamation Facility 5 MGD Expansion - Request for Sludge Screw Conveyor Revision Dear Hal: We have reviewed transmittal number 00470 from Hazen & Sawyer dated 3/21/00 attached to your cover letter/fax dated 3/29/00. The total price adder based upon the requested changes is $2,850. Should you have any questions concerning our offering, or if we may be of any service, please do not hesitate to contact us. Best regards, HEYWARD INCORPORATED Ronald S. Shupler Boca Raton Office '~ERVING THE SOUTHEAST SINCE 01/02/1995 23:25 [ - ~)N~:~ETE CUTTING', INC. ~ . ~' 2579N.W. 19thStme[ ~ Fort Lauderdale, ~ 33311 Toll Free:'(8~) 730-7201 F~: (954) 730-9668 www,sp~dycon.com COMPANY NAME ~~ STREETADDRESS SPEEDY CONCRETE PAGE 02 i uoT o.[] 'REETIOIRECTtON ' , WORK ~00~ P~IOR~ GENERAL ON JO~ NO YES WAT{~I~ AVARJ~LE r3 ~] ELEC. AVAIU~LE [3 ~3 HEIGHT OF WORK TRUG~ TO WORK N~EA NO YES Dimlance INSIDE WORK E3 ~ QUOTA~ VACUUM REQUIRED [3 [3 DIsince MAN REQUIRED ~ ~ CUST~E~ o ~ cus~ sP0 O SPD ] ~0DER . ~ SPD R~ Oi~ SCAFFOLD S PD k R~ ~ ~OMER FORM CQ-109 ORIGINAl. COM PATRICK POWER CORP. Electrical Conicactors and Engineers MERCIA L · INSTITUTIONAL · INDUSTRIAL April 17, 2000 Mr. Hal Myrah, P.M. Project Integration 3114 45th Street West Palm Beach, FL 33407-1945 Reference: Subject: MA:.hl OFFICE No. County Water Treatment Plant (Our Job ¢99-03) Request for Change Order ¢5 Sludge Screw Conveyor Per HM&A Letter, dated 3-20-2000 Dear Hal: We herein are submitting our proposal for the above-mentioned work; Adder Two hundred & ninety nine dollars ($299.00). Our proposal is based on the following: We are furnishing necessary cost for raceway system only. All necessary equipment mentioned in HM & A letter will be furnished and installed by Project Integration and wired by Patrick Power Corp. Our price is firm for 30 days from today. Patrick Power Corp needs a Change Order to proceed, based upon this proposal. We are also submitting our breakdown of cost, along with the proposal. If you have any questions, please call me. Very truly yours, i aAtTpR2C ;;~ VV_ r. vE~"~ 5691 N.E. 14th Avenue o Fort Lauderdale, Florida 33334 Telephone (954) 491-7745 · Facsimile: (954) 772-21 26 Form 4 Z JOB ~O~K ESTIMATED BY PRICING SHEET PRICED BY I EXTENDED BY CHECKED BY ESTIMATE NO. Shee! Of She~.t5 DATE MATERIAL QUANTITY 3/4" put - $c¼~ go ~*,$l g 28 :-oran 4E Copyright © 1990 :~eor~er From '~alion~,l Electrical Contractors Association at {'301)657.3110 Totals This Sheet Transferred To Recap By-INiTIAL i I MATERIAL ~,. !1 P_t'~OJEC'l-NORTH COLLIER CO. BDGT FORWARD HAZENAND SAWYER Environmental Engineers & Scientists Hazen and Sawyer, P.C. 2101 Corporate Blvd. Boca Ralon, FL 33431 561 997.8070 Fax: 561 997-8159 June 9,2000 Mr. Hal Myrah PROJECT INTEGRATION, INC. 3114 45th Avenue, Suite 10 West Palm Beach, Florida 33407-1945 Dear Mr. Myrah: We have reviewed - Faxed this Date - Collier NCWRF 5-MGD Expansion Sludge Screw Conveyer Modifications your proposal to extend the screw conveyer and modify the discharge point through the second floor slab. The additional cost of $7,356.O0 is acceptable and will be incorporated into Change Order No. 2. Please contact me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager C~ Pete Schalt Dale Waller File 4772 - 7.9.3 ~ . ,~f. .,'?. ,,'~ ,/or screwconvmods.doc .J U N ? -7 ~ ~ New York, HY · Armonk. r~Y · Woodbury, NY · UDper Saddle ~ivor, rtJ · Detroit, MI · Raleigh, NO · Charlotte, [~C · Fairfax, VA · Holl~ood, FL · Boca Raton, FL · Fort Pierce. FL · Gainesville, FL · Sarasola, FL · M~amm F~ COLLIER COUNTY NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CHANGE ORDER NO. 2 ITEM NO. 8 Description:Hypochlodte Facility Light Pole Bases Amount: $549.00 Correspondence Loq: February 11, 2000: February 18, 2000: March 16, 2000: March 21, 2000: Apdl 24, 2000: June 9, 2000: Contractor's Request for Information regarding support for light pole bases. Engineeds response to RFI, requesting detailed dimensions of light pole bases. Contracto¢s follow-up RFI, providing light pole base dimensions. Engineer's response to RFI, including details on concrete columns to be incorporated into the concrete containment walls for support of the light pole bases. Contractor's cost proposal of $549.00. Engineer's acceptance of cost proposal. Hazen and Sawyer, P.( NCWRF Field Office 10500 Goodlette-Frank Road ~ '~les, Florida 34109 TRANSMITTAL No. 00326 PROJECT: TO: ATTN: COLLIER NCWRF 5-MGD EXPANSION Project Integration, Inc. 3! 14 45th Avenue Suite 10 West Palm Beach, Florida 33407-1945 Hal Myrah DATE: 2/18/00 REF: Request for Information ~---r----ARE SENDING: [] Shop Drawings [] Specifications SUBMYITED FOR: [] Approval [] Approved as Submitled [] Letter [] Your Use [] Approved as Noted [] Prints [] As Requested [] R~tumed Al~er Loan [] Change Order [] Review and Comment [] Resubmit [] Plans [] Submit [] Samples SENT VIA: [~ Returned [] Attached [] Separate Cover Via: Mail Other: Requesl for Information [] Returned for Corrections [] Due Date: ITEM PACKAGE Remarks: SUBMITTAL DRAWING REV. ITEM NO. COPIES DATE 00042 1 2/11/00 Provide additional information requested in attached response. DESCRIPTION NaOCI Facility Light Poles STATUS OUT CC: Gary Streeter, Dick Noerr, Pete Schalt, Dale Waller, File 7.9.2 Expedition ® Signed: Kurt Pfeifer FE~-11-00 FRI 1B:34 PROJEOT INTEGRfiTION FaX t~O, B6168BlO18 P. 02/04 TO: K~/d Pfeifer . l-laz~n & Sawyer FROM: Hal Mvrah__. REQUEST FOR INFORMATION SUBJECT: N a O C: L_E&CJ.LI .T~YJ-J_G_H. _L~_O.L E ~ QUI~$TION - ATTACH $KETCHE-q, AS R. EQUIRED: No:,. 42 ~'RO~ECT: NCRWF ~fUlICONTRACT/MATERIAL CONTRACT:_ DRAWING NO._ .7_E3 SPEC. SECTION:. OUR ELECTRICIAN HAS INFORMED US THAT THE ' TYFE-E" LIGHT FIXTURE (4" 0 POLE ) WILL NOT MOUNT PROPERLY ON THE 6" WIDE WALL SURROUNDING THE STRUCTURE PER THE ATTACHED. PLEASE ADVISE ? DATE OF REQUEST: SIGNATURE: RESPONSE FROM ADDRESSEE: We are waiting on the anchor bolt layout dimensions from Patdck Power (Tom Laessig has requested it from supplier). It appears that we will have to thicken the wall to the outside at the light pole locations. The thickened section will not impact the edge forms for the Hypochlorite slab-on-grade, but we will need to add additional vertical dowels at thickened wall areas. Please have Patdck Power expedite the anchor bolt layout so that we can issue the revise wall detail to you. DATE OF REPLY: DISTRII~UTION: ~ARCHITECT QOWNER 3$TRUG~UEAL U [3MECHANICAL L]ELECTRIGAL FEB-II-00 FRI 15:34 02/1~/00 12;05 PROJECT INTEGRATION FhX NO, 5016881018 P. 03/04 PATRICK ~O~J//~R CORP. 5691 N.E. 14th Aven~e FORT LAUI3E RADt. E,FL,33334 FAX (9~4)491-774~ (¢154) 772-2126 REQUEST FOR INFORMATION TO; PROJECT INTEGR&'r'lON ~NEST PALM BEACH A-T-I-FNTION; ~F.Hal.,M_yrahl Mr. Dick Noerr SUBJECT: JOg: North County Regional JOB #: 99---013 RF1 ~: PPC~_ ~ LN(~Um~ RESOLUTION DATE; BY tzen anti Sawyer, I/RF Field Office 10500 Goodlctte-[:rank Road Naples, Florida 34109 TRANSMITTA~ No. 00489 PROJECT: COLLIER NCWRF 5-MGD EXPANSION TO: Project Integration, Inc. 3114 45th Avenue West Palm Beach, Florida 33407-1945 DATE: 3/23/00 REF: Request for Information ATTN: Hal Myrah [ WE ARE SENDING: I[~] Shop Drawings SUBMITTED FOR; [] Approval )--] Letter [] Your Use [] Approved as Noted [] Prints [] As Requested [] Returned After Loan [] Change Order [] Review and Comment [] Plans ACTION TAKEN; [] Approved as Submitted [] Resubmit [] Submit [] Samples SENT VIA: [] Returned [] Specifications [] Atlached [] Returned f or Corrections [~ Other: Request for Information [] Separate Cover V/a: Mail [] Due Date: ITEM PACKAGE SUBMITTAL DRAWING REV. ITEM NO. COPIES DATE RFI 0042A I 3/16/00 Remarks: DESCRIPTION STATUS NaOCI Facility Light Pole Base PRO CC: Dick Noerr, Garbreefer, Pete Schalt, Dale Waller, File 7.9.2 I~xpcdd~on ® Signed: 'M~R-20-OG NON ~0:02 RM ~nR--16-00 THU REQUEST FOR INFORMATION PROJOE-C/':_ NICR ,.. SLI~CONTRa, CT/MATERtRL CONTInCT: _ _ _ _ I)RAWINO NO, ./'_$1 &7-e.~l ,,SqJSJECT:..~ NaOGL FACILITy UGHT'POL~ QUESTION - ATTACH $K'h-TCHES AS RE-QUIRE. D: PLE. Ae£ FIND THE ATTACHED I~ASE PLATE LAYOUT FOR '[HE LIGHTPOLES {~ THE NaOCL FACILITY AS RECIUE~FEO tN YOUR RESPONSE TO RFI # 42. DaTE OF REQUEST: I~,.~sI~:~NII, E FR~M ADRE~E: SEE A~ACHED SKETCH SK-6 FOR DETAIL OF POLE BASE PIER (THICKENED HAUNCH). SIGNATURE: OAiI~CHIT~CT ,"10WNI='R DSTRUCI'URAL. C 3~LJ~CT'mC. AL KRIS JAIN & ASSOc.., INC. Consulting Engineers 660 9th St. N., Suite 36 NAPLES, FL 34102 (941) 262-4225 CHECKED BY SCALE ~_~ DATE it ~ROJECT INTEGRATION, INC. P, ECE D HAZI~N AND SAWYER, P.C. Collier Courtly Field April 24, 20O0 Kurt A. Pfeifer, P.E. Hazen & Sawyer PO Box 110939 Naples, FL 34108 North Collier Co. RWRF 5MGD Expansion NaOCL Light Pole Base RFP # 27 'JO's No~ ........ Dear Mr. Pfeifer: RFI No. 42A modified the walls of the NaOCL facility to accept the light poles. Please find the attached breakdown to perform this modification. Fe request a change order increasing our contract by $549.00 and no additional time for this additional work. If you have any questions, please contact our office. Sincerely, Hal Myrah Project Manager James Mansfield: PI Dick Noerr: PI RFP #27 Cones. 3114 45TH STREEt, SUITE '10, WEST PALM BEACH, FL 33407-1945 p__P~©JECT NORTH COLLIER CO. BDGT FWD UNITS s/~ If ~lS SHEET ~ FORWARD HAZENAND SAWYER Environmental Engineers & Scientists Hazen and Sawyer, P.C 2101 Corporate Blvd. Boca Raton, FL 33431 561 997-80~'0 Fax: 561 997-8159 June 6,2000 - Faxed this Date - Mr. Hal Mymh PROJECT INTEGRATION, INC. 3114 45~ Avenue, Suite 10 West Palm Beach, Flodda 33407-1945 Collier NCWRF 5-MGD Expansion Hypochlorite Facility Light Pole Base Dear Mr. Myrah: We have reviewed your proposal to modify the containment walls to accept the light poles. The additional cost of $549.00 is acceptable and will be incorporated into Change Order No. 2. Please contact me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager C: Pete Schait Dale Waller File 4772- 7.9.3 h ypolig htpole. doc New York, NY · Armonk, NY · Woodbur/, NY · Upper Saddle River, ['~J · Detroit, MI. Raleigh NC · ChadoRe, NC · Fairfax, VA · ltollywood. FL · Boca Raloa. FL · Fort Pierce, FL · Gainesville, FL · Sarasola, FL · Miami, FL EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES & ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO MARCO ISLAND SEWER IMPROVEMENTS, PROJECT 431-234111 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Marco Island Water-Sewer District, approve a professional services agreement to design and implement improvements to the sewer system on Marco Island. CONSIDERATIONS: In response to odor complaints from local residents living adjacent to the sewer collection system along North Barfield Drive, staff has implemented interim remedies until a more permanent remedy can be provided. The proposed agreement is for engineering services for a permanent remedy to the odor problem. Hole Montes and Associates, Inc. (HMA) is immediately and uniquely familiar with the work required for this specific project. HMA recently provided an evaluation of alternatives including computer modeling of a complex network of pumping stations and forcemains. HMA recommended an alternative with the lowest initial cost. However, this alternative would likely need several odor scrubbing devices which adds to the capital and annual costs, and also, can be a visual nusiance to the residents of Marco Island. As such, staff recommends, and HMA concurs, the alternative which eliminates the need for any odor control scrubbers on the collection system. The Board has committed to transferring the Marco Island sewer system to the City of Marco Island, effective October 1, 2000. The proposed engineering services need to start immediately to effect the improvements before the system is transferred to the city. Total fees for the proposed engineering services are $41,000. The estimated cost of construction is less than $120,000 and therefore the Consultants' Competitive Negotiations Act does not apply. However, a waiver is needed from the County Purchasing Policy which requires a competition selection process for purchases over $25,000. FISCAL IMPACT: Adequate funds are available in the Marco Island Sewer District Fund for the proposed engineering services, and also, the proposed improvements. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Marco Island Water-Sewer District, waive the County's competitive selection process, and approve a professional services agreement with Hole Montes & Associates, Inc. for services related to improving the Marco Island sewer system. JUn 2 7 ZOO0 Executive Summary Approve PSA to Hole Montes & Associates, Inc. Page 2 Karl W. Boyer, P.E., Ii~'terim Public Utilities Engineering Director REVIEWED BY: Gwen Butler, Acting Purchasing Director Date: &//d~/O 0 ~ Date: REVIEWED BY: oe~hea J tham, Wastewater Director APPROVED BY / ////' /" Date: (._~d(va~'N. Fir~, ~'nterim Public Utilities Administrat})r NORTH BARFIELD DRIVE FORCEMAN EXTENSION MARCO ISLAND SEWERS PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __ day of 2000, 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 Marco Island Water-Sewer District (hereinafter referred to as the "OWNER") and Hole, Montes and Associates, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 715 Tenth Street South, Naples, Florida 34106 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning certain design services for the North Barfield Drive Forcemain Extension (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 herein, the parties hereto agree as follows: and provisions contained ARTICLE ONE CONSULTAN'RS RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering 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 -2- ~0. ?~~_ JUN 2 7 200 '; OWNER a wdtten 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 adsing 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, organization, CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or without OWNER's prior written -3- consent, or unless incident .~ ~.i~,~.~.~.-., JUN 2 7 2000 performance of the CONSULTANT's obligations hereunder, or in the course of judicial 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 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 These services will be paid for by OWNER as Services of the types listed in Article Two herein. -4- JUN 2. 7 20:30 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 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 -5- OWNER in obtaining process licensing. JUN 2 7 2000 2.6. Furnishing services of independent professional associates and consultants for other than 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. 2.1 1. 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. 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 engineering practice. ~6- JUN 2 7 2009 ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in wdting 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 wdtten orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 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, -7- JUN 2 7 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 arranged by OWNER for CONSULTANT, may be provided during 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 dghts 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 wor '~-afier lock-outs, then CONSULTANT shall notify OWNER in writing within five (5)! ~0. '~'~~ [ JUN 27 Z000 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 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 year 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 pedod. 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. -9- ARTICLE SiX 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 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. 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. -10- 2000 ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, 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 attomey 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 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. 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 iudgments 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 an 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. JUN '2 ? 2000 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 wdting 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 wdtten 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 dght 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 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 ~ankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT any of CONSULTANT's principals, officers or directors, or by or (d) failure to obey laws, JUN 2 7 2000 ,~. /~/-.- 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 wdtten 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 wdtten 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 re nder. e4~~ written notice of such suspension. If all or any portion of the services to be I JUN 2 7 2080 L_?- are so suspended, the CONSULTANT's sole and exclusive remedy shall ---- extension of time to its schedule in accordance with the procedures set forth in Article Four herein. be to seek an 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 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 riterest shall be employed to perform those services. JUN 2 7 2000 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: Board of County Commissioners, Collier County Flodda c/o Public Utilities Engineering Department 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Karl W. Boyer, P.E. 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: Hole, Montes and Associates, Inc. 715 Tenth Street South Naples, FL 34106 Attention: Ronald E. Benson, 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. J U N 2 ? 203~d G. 17 ---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 29 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 ,~nust 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: Dwight E. Brock, Clerk By: 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 MARCO ISLAND WATER- SEWER DISTRICT Date: By: Timothy J. Constantine, Chairman Approved as to form and legalS: Assistant Cou4'f~' Attorney Hole, Montes and Associates, Inc. Ronald E .Benson, P.E. WitAess ;~ By: (CORPORATE SEAL) -1% JUN 2 7 2000 SCHEDULE A SCOPE OF SERVICES PROJECT UNDERSTANDING The project consists of making appropriate force main tie-ins to convert *he NorthBarfield DrivedSR 92 sanitary sewer transmission system into a single manifolded system discharging flow into Collier County PS 400.00. This will eliminate the discharge from *he SR 92 force main into the gravity sewer system upstream of the North Barfield Drive lransmission system. Another force main modification will be extension of the 12-inch force main that currently *~minates at a manhole near the intersection of North Barfield Drive and Six~ Avenue to the force main that currenfiy discharges from PS 400.00. This will eliminate the repumping of sewage at PS 400.00 and provide a contained force main system all the way to the Marco Island WWTP. Pump Stations 402.00, 401.05, and 401.00 will need to be upgraded with larger pumps, wet well rehabilitation, and increasing the discharge piping to accommodate the flow pumped by the new larger pumps. The private pump stations along SR 92 may require to be upgraded to accommodate the higher pressures within the force main that may occur especially in *he future when the Barge Marina Pump Station is upgraded with new pumps to handle the increased flow from Goodland. Upgrades to neither the Barge Marina Pump Station nor the private pump stations along SR 92 are included in this project. SCOPE OF SERVICES Task 1 - Design CONSULTANT will survey the right of way in the vicilaity of the connection between the 8-inch and 12- inch force mains along North Barfield Drive and *he right of way in the vicinity of Pump Station 400.00. CONSULTANT will locate existing utilities and other features that are in *he vicinity of the construction activity at both locations. OWNER will provide CONSULTANT with all record drawings of pipelines located in these areas along with record drawings of pump stations 402.00, 401.05, and 401.00. CONSULTA2qT will prepare a plan and profile drawing for connecting the 8-1nch force main (from SR 92) to the 12-inch force main along North Barfield Drive. CONSULTANT will prepare a plan and profile drawing for installation of a bypass in the 12-inch force main along Sixth Avenue in *he vicinity of Pump Station 400.00. CONSULTANT will prepare a drawing to show piping modifications and installation of new pumps at PS 402.00, PS 401.05, and PS 401.00. Each drawing will include pump curve and identify installation of new electrical service and pump control panel. Connection will be made to the existing telemetry/control system as may exist. No new telemetry/control system work will be included. CONSULTANT will prepare a preliminary opinion of project cost. CONSULTANT will prepare specifications for work to include Collier County standard front-end documents, force main, and sewage pump station specifications. CONSULTANT will prepare a description of work and bid forms. CONSULTANT will attend one meeting with the OWNER prior to submittal of 90 percent construction documents. CONSULTANT will submit five sets of 90 percent complete documents for review. CONSULTANT will attend one meeting to review the 90 percent documents and will then issu[ five '- ': of final construction documents incorporating *he review comments. ,0 .__~~~ , Task 2 - Permitting. CONSULTANT will complete the FDEP application for a general permit for construction these improvements and provide the completed application m OWNER along with three sets of si~ned and sealed contract documents. OWNEK will submit the permit application along with permit fees directly to Task 3 - Bidding CONSULTANT will provide OWNER with reproducible copies of the contract documents. OWNER will be responsible for distribution of contract documents to prospective bidders. CONSULTAN~T will attend a pre-bid meeting conducted and recorded by the OWNER and answer questions posed by prospective bidders. CONSULTANT will prepare and provide OWNER with reproducible copies of Addenda for distribution to prospective bidders. CONSULTANT will review bids and make a recommendation of award to the OWNER. Task 4 - Services during Construction CONSULTANT will attend the pre-construction meeting conducted and recorded by the OWNER. OWNER will provide detailed observation of construction. CONSULTANT will respond to CONT1L~CTOR requests for information. CONSULTANT will attend up to three construction progress meetings and site visits. CONSULTANT will attend one final inspection and will prepare certification of completion of construction for submittal to FDEP. CONSULTANT will prepare record drawings using information provided by the CONTRACTOR and OWNER and will submit to FDEP along with certificate of completion of construction. -19- JUN 2 7 2DD3 SCHEDULE B BASIS OF COMPENSATION Hole, Montes & Associates, Inc. proposes to perform the above services on a time and expense basis to a budget estixnate of $41,000 using the rates in the attached Fee Schedule dated May.2~3', 2000. The following outlines our estimate of fees for engineering services for each task identified above. Task i. Desig~a Task 2 - Permitting Task 3 - Bidding Task 4 - Services during Construction $21,000.00 $3,000.00 $3,500.00 $13,500.00 JUN 2 7 Date: Submitted to: Hole, Montes & Associates, Inc. Professional Fee Schedule May 26, 2000 Collier County Public Works Engineering Dept Principal Engineer VI ...........................................................................................$135.00 Envaxonmental Engineer V ...................................................................................$125.00 Enwronmental Engineer IV ..................................................................................$105.00 Rnvaronmental Engineer 171 ..................................................................................$ 90.00 Environmental Engineer II ....................................................................................$ 75.00 Enwronmental Endneet I .....................................................................................$ 60.00 Env/ronmental Operations Specialist ....................................................................$ 70.00 Civil Engineer V ...................................................................................................$110.00 Civil Engineer IV ..................................................................................................$ 95.00 Civil Engineer 1I[ ..................................................................................................$ 85.00 Civil Engineer II ..................................................................................................$ 75.00 Civil Engineer Z .....................................................................................................$ 60.00 Aviation Engineer .................................................................................................$120.00 Engineer Tech V ...................................................................................................$ 70.00 Engineer Tech IV ..................................................................................................$ 65.00 Engineer Tech III ..................................................................................................$ 60.00 Engineer Tech II ....................................................................................................$ 55.00 per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour Eng/neer Tech I .....................................................................................................$ 45.00 per hour Contract Administrator (P.E.) ...............................................................................$ 85.00 per hour Contract Administrator .........................................................................................$ 70.00 per hour Construction Field Representative IV ...................................................................$ 65.00 per hour Construction Field Represenlative III ...................................................................$ 55.00 per hour Construction Field Representative II ....................................................................$ 45.00 per hour Construction Field Representative I ......................................................................$ 35.00 per hour Senior Planner .......................................................................................................$105.00 per hour Planner ..................................................................................................................$ 70.00 per hour Surveyor V ............................................................................................................$100.00 per hour Surveyor IV ...........................................................................................................$ 85.00 per hour Surveyor III ...........................................................................................................$ 65.00 per hour Survey Tech IV .....................................................................................................$ 55~00 per hour Survey Tech HI .....................................................................................................$ 50.00 per hour Survey Tech II .......................................................................................................$ 45.00 per hour Survey Tech I .........................................2 ..............................................................$ 40.00 per hour 2 Man Survey Crew ..............................................................................................$ 85.00 3 Man Survey Crew ..............................................................................................$100.00 GPS Operator ........................................................................................................$ 65.00 Technician IV ........................................................................................................$ 45.00 Technician I17 .............................· ...........................................................................$ 40.00 Technician II .........................................................................................................$ 35.00 per hour per hour per hour per hour per hour per hour Technician I ..........................................................................................................$ 30.00 per hour Subcontractors .......................................................................................................Cost + az-:>a24~ Io ~o Out-Of-Pocket Expenses .......................................................................................Cost ', 15% .~ .Mileage .................................................................................................................$ This Fee Schedule is effective for one year from date of th~GREEMENT. W:\1999\1999116LREB~I~E SCHEDULE~DOC -2I- 0.30 per mile JUN 2 7 2000 SCHEDULE C PROJECT SCHEDULE Design shall be completed within 6 weeks from receiving authorization to proceed. -22.- I~0 ._~L~[ JUN 2 7 20rJ?: SCHEDULE D INSURANCE COVERAGE (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 ContractodConsultant/ 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. JUN 2 7 20O0 (7) ContractodConsultant/Professional shall require each of its subcontractors to procure ---and maintain, until the completion of the subcontractoffs 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 ContractodConsultantJ 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. ¢he amounts of such insurance shall not be less than: -24- JUN 2 7 2000 a. Worker's Compensation - FIodda Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $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. COMMERCIAL GENERAL LIABILITY Required bythis Agreement? (check one) X Yes No (1) Commercial General ContractodConsultant/Professional. Property Damage, Personal Injury, Liability Insurance shall be maintained by the Coverage will include, but not be limited to, Bodily Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and 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: 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 -25- JUN 2 7 ZOOO (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 Pedod) for claims shall be no less than three (3) years. (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. AUTOMOBILE LIABILITY INSURANCE 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 -2.6- JUN 2 7 2~i~0 PROFESSIONAL LIABILITY INSURANCE 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 adsing 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 $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. -27- JUN 2 7 2000 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole, Montes and Associates, Inc., hereby certifies that wages and other factual unit costs supporting the compensation for the engineering services of the CONSULTANT to be provided under the Professional Services Agreement, concerning the North Barfield Drive Forcemain Extension Project are accurate, complete and current as of the time of contracting. Hole, Montes and Associates, Inc. Ronald E. Benson, P.E. DATE: Revised: JUNE 3, 1997 AC -28- ACORD,. CERTIFICATE OF LIABILITY INSURANCE Ho~-[ 06/24/00 6'71 coo~e~te Pet., State 1,30 ~o~: 941-2G2-T171 F~: 941-262-5360 lrlole, Mont:e~. & A~o~X,a~cs Po~t Offic~e ~: ~.al:,l~m FL .34106 ~ CERTIFICATE I~ t~.IED A,E A MATTER OF FMFORIATION ONLY AND C~!iFER$ NO RIQHTS UPON THI[ CERTIFICATE HOLDER, TH~ CERTIFICATE I~E$ NOT AlIIEND, E~rEND OR ALTER THE COVERAGE AFFORDED 8Y TH~ ~ BELOMr. II~a.IRER,S AFFORDIN~ COVERAGE ~t ,hme:L~oen ~ra= (Xn.land S.) · CC! Z'ns'urance COVERAGES ' THE POLICIES OF If'4,.RURANCE 1.10VED BELOW HAV~ ~E~ K,R3UED TO THE tN3URED NAMED ABOVE laOR THE POLICY I~RIO0 INDtCATED. NOTWIl'HST~IOINO '" ~ REOUIRF. M~',JT. TERM OR CONDITION OF: ~ CONTRA~T OR OTHER OOCLId~NT IAfiTH RE~q'ECT TO V~IICH THI~ CERTIFICATE MAy 8.E I,,,~,..~JED OR: ~Y P~RTAJN. THE I/'~UR,M~ICE AFFORDED BY THE POLJCIE~ ~E~'CRIBED HEREIN I$ SUBJECT TO aLL THE TERMS. EXCLU~ONS AND CONDITIONS OF POLICIES_ AC;GREGATE LJM~T:~ 5HOUM'W MAY HAVE BEEN RF__D~CED BY PAID CLAIM.IB, ; ~~m S 2,000,000 . zoo3 oz/or/oo o /o /oz ' [, ooooo ~ ~ ~ ~ c ~* ~ u~r ' s 500000 D ' ~a~i~ ' ~1~988730 , 01/01/00 01/01/01 ~ ~ Cla~ $2,000, D00 30 ~ ~o~ce ~ can~lla~on r~r~ on w~s c~. F~ [o ~ at 262-6528 C~T~CATE ~ [ N l ~ ~""'u~" ur.m,~ -- CANC~t. AllO~ COLLC - 1 Collier county Public Ot. llAt...T Em~n~_rtnq Dept. At~n: Cer! Boyar 3301 E Tauaiaeai Trail ._.. ianson_d From: Sent: To: Subject: beauchamp_g Thursday, June 15, 2000 8:37 AM janson_d Read: 20463 posting and PP Youz message Io: beauchamp_g Subject:20462 posting and PP Sent: 06,'15/2000 8:37:06 AM was read on 06,,i5,,2000 8:37:08 AM Page 1 EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FOCUS ENGINEERING, INC., FOR ENGINEERING SERVICES RELATED TO PELICAN BAY FIRE AND IRRIGATION WATER SYSTEM IMPROVEMENTS, RFP 00-3051, PROJECT 74023 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a professional services agreement to design and implement improvements to the fire and irrigation water supply system serving Pelican Bay. CONSIDERATIONS: The intent of this project is to ensure the long-term reliability of the Pelican Bay fire protection water system, and also, to enhance the operational efficiency and reduce capital improvements needed for the Pelican Bay irrigation system. Switching the fire protection water supply from the local irrigation system to the County's regional potable water system will accomplish this. Pelican Bay is a 1200 _+- acre subdivision located in the northwest part of Collier County. The subdivision is served by a dual water distribution system consisting of potable and irrigation water distribution systems. The dual water system within Pelican Bay is unique because the fire protection water system is served by the irrigation system. Fire suppression in Pelican Bay consists of fire hydrants and private-owned, built-in fire sprinkler systems. On May 2, 2000, as agenda item 16(B)(6), the Board approved the selected consultant per RFP 00-3051. Staff has negotiated a proposed scope and fees for services. Fees for services during construction are not included and will be proposed once design is completed. In addition to the typical surveying, engineering and technical aspects of the work, the proposed scope of work includes personalized attention to affected property owners with built-in fire suppression systems, a public information program for Pelican Bay residents and businesses, and mitigation of surface disruptions during construction. Total fees for the proposed professional services are $342,214.15. FISCAL IMPACT: Adequate funds are available for the proposed engineering services. Source of funds is wastewater user fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a professional services agreement with Focus Engineering, Inc. for services related to improving the fire and irrigation water system serving Pelican Bay, RFP 00-3051. AGEND,~ ITEM No._ JUN 2 7 2000 Pg: ~, / Executive Summary Approve PSA to Focus Engineering, Inc. Page 2 SUBMITTED BY: ,'%"~-- c C~, '~cz3tc ..... Date: Karl W. Boyer, P.E.~, Interim Utilities Engineering Director Stephen Y. Camell, Purchasing ITlfector Date: REVIEWED BY: '.~,d~,, (.!..l'--C,xc4z,~'-$"v'v-- Joe Cheatham, Wastewater Director Date: APPROVED BY:~" ,,-/ ,,/ // Date: (-Edwat'd N. F~nn, Interim Pubhc Utfimes Administra[or PELICAN BAY FIRE AND IRRIGATION WATER IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __ day of 2000, 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 Focus Engineering, a Florida corporation, authorized to do business in the State of Florida, whose business address is 1342 Colonial Blvd., Suite E-37, Fort Myers, FL 33907 (hereinafter referred to as the "CONS ULTANT"). WI TN ESS ETH: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning certain design services for Pelican Bay Fire and Irrigation Water Improvements (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 herein, the parties hereto agree as follows: provisions contained ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering 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 sei'~orth 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, 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 performance of the CONSULTANT's obligations hereunder, or in the course of judicial 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 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 Adicle Two herein. These services will be paid for I~yOWNFR.,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 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 than 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. 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 engineering 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: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 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 -7- (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 arranged by OWNER for CONSULTANT, may be provided during times that are '~ot 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 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 730 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 SIX OWNERSHIP OF DOCUMENTS -9- 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 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. 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 $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, ind~r~ 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 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. 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 an 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. 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. 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 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- 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 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- 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 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 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. 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. -14- 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 Utilities Engineering Department 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Karl Boyer, P.E. 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: Focus Engineering, Inc. 1342 Colonial blvd., Suite #E-37 Fort Myers, Florida 33907 Attention: Robed L. Farnsworth, 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. 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 45 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. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: 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 Date: By: Timothy J. Constantine, Chairman Approved as to form and leg al s~uffi~ As s (sta n-"t"C o u ~qt.~/Atto rn ey Focus Engineering, Inc. Robert L. Farnsworth, P.E., President Witness I ? , ..-~ Witness (CORPORATE SEAL) -tT- SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Pads: A.1. A.2. A.3. A.4. A.5. A.6. A.7. A.8. A.9. A. 10. A.11. A.12. DESCRIPTION OF PROJECT DESIGN REPORT PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION DETAILED OBSERVATION OF CONSTRUCTION LANDSCAPE ARCHITECTURE CONTROL/DESIGN SURVEY WEB PAGE GEOTECHNICAL SUBSURFACE INVESTIGATION PUBLIC RELATIONS -18- A.1. DESCRIPTION OF PROJECT. A. 1.1. Description of Project The intent of this project is for Collier County to provide a means whereby the supply of water for the fire hydrants and building fire suppression systems in Pelican Bay can be changed over from the existing irrigation system to the potable water mains. The Consultant will provide drawings which identify the location of new fire services for the seventy-three properties comprised of condominium associations, hotels and other affected buildings, and for the relocation of approximately one-hundred ninety-one fire hydrants within the County's road right- of-ways within Pelican Bay or otherwise connected to the present irrigation system. The seventy-three new fire services will terminate at the point of connection between the new fire service main from the potable main and the existing fire main leading to the building(s). The Consultant is to notify Home Owner's Associations (H.O.A.) building managers of the impending work and the design parameters being considered and direct them to contact their engineer to have the necessary checks done to verify that the proposed changes in the water supply will be compatible with their equipment/systems. If changes are required, it will be the responsibility of the individual H.O.A. building managers to have the work completed upstream from the point of connection. The Consultant will coordinate with the H.O.A. managers and with their engineers and size the fire services as the H.O.A. engineer directs. The Consultant will provide site specific and standard details (where they can be used) of the fire main backflow preventers and fire meters (the Standard Details to be supplied by Collier County). All work on private property is to be designed and constructed after coordination with the H.O.A. property managers. H.O.A. Managers of the effected properties will be notified in advance when the new fire service connections will be available and will be given a time period for them to make the necessary adjustments to their systems. Collier County has divided the work into two phases for administrative purposes. At their option, Collier County may require the project to be assembled into a single set of construction drawings or broken into two projects and bid at two separate times. In either case, Collier County shall print the bid and construction sets of the Construction Contract Documents in- house at their expense. Singling out one Home Owner's Association (H.O.A.) as a test case will further break down the work. The fire line connection to the main, backflow preventer, meter and connection to the existing fire line will be constructed and landscaped to provide an example to the other H.O.A.s of the visual and operational impacts they can expect from this work. Phase I--The work required to provide a means for H.O.A. property managers to change the fire water supply for seventy-three properties (condominium associations, hotels and other buildings) with fire sprinkler systems from the irrigation system to Collier County's potable water system. This work involves providing separate fire service mains from the potable water main to the first practical point of connection downstream from the last irrigation main. All fire services shall be designed with back- flow preventers, valves and a fire meter. Phase II--The work required to transfer the approximately one hundred ninety-one existing fire hydrants from the irrigation system to Collier County's potable water main. Some of these mains will be within Collier County's street right-of-way and some may be located on private property. Public Relations Program The Consultant working through their Subconsultants shall develop a Public Relations Program to inform the residents through their "H.O.A." of the project and keep them apprised of the progress of the work, both during design and construction. The Public Relations Program will utilize a Web Page specifically designed for the project and approved by the Collier County Commissioners as to form and general content. The ConsUltant shall also provide a bi-monthly newsletter and conduct meetings with the "H.O.A.s" as outlined in the project tasks outlined below. Landscape Restoration Program The Consultant's designs shall provide for the restoration of existing landscaping to substantially the same condition found on the site(s) prior to construction. The existing conditions shall be verified by photographs of the site to be taken by the Consultant prior to the start of construction. The Consultant shall also provide a standard detail plan for landscaping the fire line, back flow preventer and fire flow meters that are to be installed under this project. Definition of Work Cateqories The Consultant's responsibility for work on this project will include services as defined in the body of this agreement to include: Basic Services (To Include) A.2.Design Report A.3.Preliminary Design A.4.Final Design A.5.Construction Bid Services Construction Services (To Include) A.6. Construction Contract Administration A.7. Detailed Observation of Construction Additional A.8. A.9. A.10. A.11. A.12. Services Landscape Architecture Control/Design Survey Web Page Geotechnical Subsurface Investigation as required Public Relations -20- Agreement to Re-evaluate this Aqreement followinq the Design Report. Due to the unknown nature and extent of the work which my be required under this Professional Services Agreement for work on private property (specifically work required to construct the change over for the fire suppression systems), it is agreed by both parties that the extent of Additional Services and Preliminary and Final Design tasks relative to the work on private property be re-evaluated upon completion of the Design Report and an Amendment to this Agreement prepared to adequately provide for the actual work required. List of Tasks to be Completed The Consultant's responsibilities are more fully described by the following task list, which represent the tasks agreed to by the Consultant and Collier County. A.2. DESIGN REPORT. A.2.1. Desi.qn Report Intermediate Tasks Obtain Site Mapping (As-Builts, etc.). Obtain DOQQ mapping (Digital color quarterquads) and load onto computer. Office Evaluation of 73 H.O.A. to determine extent of on-site work. Meet on-site with Representative of each H.O.A. and Walk Property. Estimate Work Required to transfer each of the 73 H.O.A.'s to Potable Main. Prepare Letter Report for Additional Work Required and Present. Project Administration. Design Report GPS Control/Base Line/Design Survey. Rectify DOQQ Mapping to Control. Identify New Fire Service Locations on Mapping (73 H.O.A.'s) and Verify ISO Fire Requirements for up to four (4) H.O.A.'s. Identify Fire Hydrants on Mapping (191 Hydrants). Notify Utility Companies of Project. Field Locate and Mark Irrigation/Fire Main Connections (73 H.O.A.'s). Field Locate and Mark Existing Fire Hydrants. Field Locate and Mark Existing Utilities. Apply State Plane Coordinates to prop. Connection Points. Summarize Changes to Connect Fire Hydrants and Water Mains (191 each). Coordinate/Catalog Fire Suppression Requirements of 73 Properties. Prepare Opinion of Legal Approach for Required Easements. Coordinate Insurance Requirements with County Risk Management. Preliminary Opinion of Probable Construction Costs (ROW only). Write Draft Design Report. -2]- AGENlrA IYE~ No./~- o JUN 2 7 2000 pg. Print Preliminary Design Report. County Review and Presentation Meeting-Design Report. Incorporate Collier County's Comments into Design Report. Prepare Contract Amendments for Additional Services Required. Monthly Meetings (1 During Design Report). Project Administration. A.2.2. Advise OWNER as to the necessity of OWNER obtaining from CONSULTANT, Additional Services described in Article Two of this Agreement, such as, but not limited to probings, subsurface explorations, special permits, or other similar investigations. A.2.3. Prepare a Design Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of all governmental authorities having jurisdiction over the project), and any alternative designs available to OWNER and setting forth CONSULTANT's findings and recommendations. The Design Report also shall contain CONSULTANT's professional evaluation of OWNER's Project budget. Said evaluation shall contain CONSULTANT'S initial professional opinions of probable total costs for the Project, including construction costs, contingencies, and allowances for charges of all professionals and consultants. The Design Report also shall present CONSULTANT's recommendations as to how the construction contract(s) should be let out for bid. A.2.4. Furnish five (5) copies of the Design Report, schedule and conduct a meeting with OWNER to present the Design Report for OWNER's review and approval. A.3. PRELIMINARY DESIGN. A.3.1. Prepare in a format acceptable to OWNER, all preliminary Contract Documents, including but not limited to all designs, drawings, special conditions, general conditions, -22 - supplemental conditions, specifications and bid and Agreement forms, necessary for construction of the Project. A.3.2. Keep OWNER informed as to the status of the project design through no less than monthly meetings at the OWNER's offices. A.3.3. Upon completion and submission to OWNER of the preliminary design for Project, provide to OWNER five (5) copies of the preliminary Contract Documents and CONSULTANT'S professional preliminary opinions of probable total Project and construction costs for review and approval by OWNER. The improvements for which services are to be rendered under this Agreement shall include the Project as described in the description in paragraph A.1.1. of this Schedule A. A.3.4. Preliminary Design Preliminary Design within ROW Geotechnical Subsurface Investigation. Pre-Qualify Contractors. Prepare Title, Index, and Legend sheets. Prepare Master Layout showing Horizontal Locations. Prepare Standard Details (Laterals and Fire Hydrants). Field Locate the Terminus Points of 73 Fire Services. Field Tie the Staked Locations of the Improvements (For visual reference). Inventory Vegetation to be Removed and/or Replaced in ROW. Prepare Updated Quantity Take-off. Prepare Updated Estimate of Probable Construction Costs. Prepare Draft Technical Specifications. Prepare Draft Special Conditions. Prepare Draft Contract Documents. Print Preliminary Design Documents (6 copies). County Review and Presentation meeting--Preliminary Design. Incorporate Collier County Comments into Preliminary Design. Send Preliminary Design to Owners of Utilities for comments. -23- A.4. FINAL DESIGN. 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.4.3. Final Design Cross-Sections of 73 Service Connections and 191 Fire Hydrants. Layout Horizontal Bore Pits in Plan View as Required. Prepare Miscellaneous Details as Required. Incorporate Comments from Utility Companies. Prepare Final Contract Documents and Specifications. Complete Final Quantities Take-off. Prepare Final Estimate of Engineer's Opinion of Probable Costs. Print Final Design Documents (6 Sets). County Review and Presentation Meeting--Final Design. Incorporate County's Comments into Final Design. Print/Sign and Seal Plans and Specifications. Submit for Permits to Construct (12 Sets of Plans and Specs). A.5. CONSTRUCTION BID SERVICES. A.5.1. CONSULTANT shall assist in securing bids and: (a) (b) (c) provide interpretation and clarification bidding; coordinate bid process including advertisements, receipt of bids; of Contract Documents during with Collier County Purchasing Department publications, Contract Document sales and distribute Contract Documents during bidding phase to prosl~tf~)~:.bidd~6 'r~,'_"';,'-~ -24- ~ , , ~-¢ ~ (d) (e) (f) (g) (h) (i) (J) (k) maintain record of prospective bidders to whom bidding documents have been distributed; organize and conduct pre-bid meeting with prospective bidders; attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; assist OWNER in evaluating bidder's previous experience, if necessary; prepare and issue addenda as appr0~riate to interpret or clarify Contract Documents; provide OWNER with a recommendation as to the acceptability of 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; 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, make a recommendation of contract award. A.6. CONSTRUCTION CONTRACT ADMINISTRATION. A.6.1. 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.6.2. 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. -25- A.6.3. 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. A.6.4. Require that any work which is covered up ~,ithout being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.6.5. 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.6.6. Submit to OWNER, in a format acceptable to OWNER, 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.6.7. 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.6.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as !n contracto~ ~ CONSULTANT's observations at the site and evaluations of the data reflected 1 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 (c) the contractor(s)is (are) entitled to payment in the recommended amount. A.6.9. 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.6.10. 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.6.11. 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 OWNER concerning the acceptability of work done and the use of the Project. list to the contractor and provide written recommendations to r-or me- p~pgs~s~,,-i 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. A.6.12. 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.6.13. 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.6.14. 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.7. DETAILED OBSERVATION OF CONSTRUCTION. A.7.1. 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.7.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: -28- ; ,,,:. ,_YO (a) (b) (c) (d) take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, allfor 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 A.7.3. A.8, A.9. A.10. A.11 A.12. Detailed Observation of Construction ~- Full-time Resident Construction Observation (R.O.W.). ~- Full-time Resident Construction Observation (Private Property). Landscape ArchitecturemDavid M. Jones, Jr. & Associates. Control/Design SurveymGaines-Burch Survey. Web Page -Komputer Integration Service Specialist Geotechnical Subsurface Investigation--To Be Named. Public Relations--Cella & Associates. END OF SCHEDULE A -:29- SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Pads A.2, A.3, A.4, A.5 and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A shall be paid on a lump sum basis in accordance with set milestones as follows: (a) the A.2 milestone shall be the submittal to OWNER of the Design Report and CONSULTANT'S initial professional opinions of probable total Project and construction costs. (b) the A.3 milestone shall be the submittal to OWNER of the preliminary Contract Documents and CONSULTANT'S preliminary opinions of probable total Project and construction costs. (c) the A.4 milestone shall be the submittal to the OWNER of the final Contract Documents after OWNER'S approval of detailed opinions of probable total Project and construction costs. (d) the A.5 milestone shall be the award of bids by OWNER. (e) the A.6 milestone shall be the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents. B.1.3. Payment for Basic Services under Parts A.2, A.3, A.4 and A.6 of Schedule A shall be paid on a lump sum fee basis in equal monthly installments as follows: -:30- (a) (b) (c) (c) payment for Basic Services under Pads A.2 and A.3 shall be paid monthly based upon the preliminary design time plus one month, the last payment tc be twice the others (i.e. a 6-month design time will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Part A.3. Preliminary Design). However, payments shall commence no sooner than thirty (30) days after submittal of the Design Report and shall occur no more often than monthly, except last payment due for the services provided under Part A.3 (i.e. twice the previous monthly payments) shall not be made until submittal to OWNER of the preliminary Contract Documents under Pad A.3. payment for Basic Services under Part A.4 shall be paid monthly based upon the final design time plus one month, the last payment to be twice the others (i.e. a 6-month design time will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Part A.4. Final Design). However, payments shall commence no sooner than thirty (30) days after approval and acceptance by OWNER of the Preliminary Contract Documents and shall occur no more often than monthly, except last payment due for the services provided under Part A.4. (i.e. twice the previous monthly payments) shall not be made until approval and acceptance by OWNER of the preliminary Contract Documents under Part A.4. payment for Basic Services under Part A.6 shall be paid on a monthly basis based upon the construction time plus three months, the last payment to be twice the others (i.e. a 7-month construction schedule will yield 10 monthly payments; the first 9 of which will be equal to one-eleventh (1/11) the fee shown on Attachment A for Part A.6 Construction Contract Administration). However, payment shall commence no sooner than thirty (30) days after the Notice to Proceed to the contractor and shall occur no more oReO thap._ except the last payment due for the services provided under Part A.6 (i.e. twice the previous monthly payments) shall not be made until the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents under Part A.6. Services in excess of the fee shown on Atta'chment A for Part A.6 Construction Contract Administration not due to delay caused by CONSULTANT shall be considered Additional Services. B.2.1. As consideration for providing Basic Services under Part A.7 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 cost basis. Payments for Part A.7 services and properly approved Additional Services shall be made monthly on a time and reimbursable cost basis 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. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.7 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; -32~ (b) (c) (d) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, biddinc., documents and similar Project-related items in addition to those otherwise required in Parts A.2, A.3, A.4, A.5 and A.6 of Basic Services; when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and 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.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County, Florida ex-officio as the governing board of the Collier County Water-Sewer District. B.3.2. Detailed Construction Observation work performed under Part A.7. 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. B.3.3. 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 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, Affachment 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 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.7 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 Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A. END OF SCHEDULE B. -34- Z uJ ~J ~- o o (v o r (v o e- o o :~ AGENDA ITE~ --"] No. /c, cc ) ~_ l) j u N 2 ? P~._~? ~ SCHEDULE B--ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Pelican Bay Fire & Irrigation Water Improvements Category Project Manager/Principal Senior Management Specialist Sr. Mechanical Eng_jneer Sr. Civil Engineer Design Engineer Sr. Designer Senior Inspector Hourly Rate 120.00 89.00 90.00 90.00 72.00 $ 65.00 $ 56.OO Word Processor $ 38.00 -36- (J ILl 1:3z <~_o o o Zz z Z o (J 0 o .¢3 :3 AGENDA. No. /o, ,.i ~) J U N t ? 2.000 SCHEDULE C PROJECT SCHEDULE Pelican Bay Fire 8, Irrigation Water Improvements Number Completion Cumulative Item of Days Day..& Month Year Days Notice To Proceed 1-Jul 2000 Design Report Intermediate Tasks 31 1-Aug 2000 31 Prepare Report 92 1-Nov 2000 123 Preliminary Design 92 1-Feb 2001 215 Final Design 89 1-May 2001 304 Bidding Services 61 1-Jul 2001 365 Construction Services 730 1-Jul 2003 1095 SCHEDULE D INSURANCE COVERAGE (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 ContractodConsultant/ 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 ContractodConsultantJProfessional 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. -39- (7) ContractodConsultantJProfessional 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 ContractodConsultantJProfessional 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 Cedificate 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 ContractodConsultant/ 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: -40- a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $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 Contractors, Broad Form Property Damage including Completed Operations and Products and 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 $3OO,0OO $3OO,OOO $300,000 $ 50,000 x General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $5OO,OOO $500,000 $500,000 $ 50,000 $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) fo~_claims shal be no less than three (3)years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorse( 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. AUTOMOBILE LIABILITY INSURANCE Required bythis 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 PROFESSIONAL LIABILITY INSURANCE 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) -43- 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 sha!! be the sole Consultant/Professional and shall not be greater than $50,000 each claim. responsibility of the (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. -44- SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055 Florida Statutes, Focus Engineering, Inc. hereby certifies that wages, rates and other factua unit costs supporting the compensation for the professional services of the CONSULTANT t~ be provided under the Professional Services Agreement, concerning the Pelican Bay Fire an¢ Irrigation System are accurate, complete and current as of the time of contracting. Focus Engineering, Inc. - BY: Robert L. Farnsworth Revised: JUNE 3, 1997 AC AGENDA ITEM No. Ju -~ -00 11:42A Focus Engineerin~ 941 275 5617 ~. O. ~ox 6013~ phoAe:941-4~]-4S35 Fa_x=941-433-4148 ONLY AND CONFERS; NO RIGHT.'~ UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NQT AMENO. EXTEND OR ALTER THE COVEI~,GE AFgO~DED BY THE POLICIES BELOW_ INSURERS AFFORDING COVEWAGE [ GAR~E LI~E~ILIYY OC~LIR i J ~LACMS ~AOR I OTHER ' !~i~il~r ...... , I.-~, :~ Aor, tTIOI~A.L ,NSURf, n: *NSUKI~R L.~Tq~IEAI: 330~ g Ta~/e.mi Trail N~ple~ FL 3%112 CANCELLA 1 ION /7 - - ~A~0RO c~eq~ Tl~ EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENTS FOR WATER OPERATIONS AND WATER CAPITAL PROJECTS OBJECTIVE: That the Board of County Commissioners, Ex-Officio the governing Board of the Collier County Water District, approve budget amendments to complete critical maintenance projects, improve operational reliability, install odor control equipment and fund operating costs resulting from greater than anticipated water production. ~ CONSIDERATIONS: The Water Department was recently reorganized to improve maintenance and reliability of water production and distribution facilities. Several safety and reliability projects have been identified as very high priorities and are being fast tracked to be completed for the upcoming winter season. Projects include replacement of chemical feed lines, improvements to the acid handling room, replacing drives on high service pumps, adding a 3rd odor control scrubber, degasifier improvements and rewiring generator switch equipment. Additionally, a large number of unbudgeted mechanical failure and safety related repairs have been required this year. These repairs as well as the safety and reliability projects are detailed in Attachment A. To improve reliability we are also requesting enhanced funding to increase our supply of on-hand mission critical parts and components. These parts have long delivery lead- times and in the event of mechanical failure are critical to the timely restoration of service. This request includes funding for well field valves and pumps, chemical handling equipment and process flow meters. The Water Department is also currently treating a greater quantity of water than the budget was based upon. This has created a shortfall in the electrical cost budget. Funds are requested to pay for the additional electrical costs being incurred. These funding needs are detailed in Attachment A. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: As outlined in Attachment A, $1.2 million is requested from Water Capital Fund reserves to fund chemical handling, and maintenance projects, $503,000 is requested from Water Impact Fee Fund reserves to fund a 3rd odor control scrubber, $306,000 is requested from Utility Operating Fund reserves to fund unbudgeted mechanical system repairs and $372,400 is requested from Utility Operating Fund reserves to fund the stocking of certain critical system components and the electrical operating budget shortfall. There is currently $1,783,900 in Water Capital Fund reserves, $2,362,300 in Utility Operating Fund Contingency reserves and $8,432,700 in Water Impact Fee Fund reserves. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the governing Board of the Collier County Water District, approve the projects as described herein and the budget amendments as described in the attachments hereto. JUN 2 7 ~080 ~ ~-~C _ _ . .... Pafil Mattausch, Water Director (.../E~rO N. F"m~. ?ubli~ Utilities ^d~,inistra~r Attachment A Water Department Operations & Capital Projects Expenditure and Budget Amendement Detail Unbud~leted Safety; Maintenance and Growth Proiects I Description ' ' ' Amount Move t~ Move From Retrofit of 3 VFD High Service Pumps at NRTWP and SRWTP $100,000 412-273511-70057 412-919010-99302( Chemical Piping Replacement at NRWTP $870,000 412-273511-70890 412-919010-99302( Degassifer improvements $128,000 412-273511 412~919010-99302C Rewire Generator Switchgear $42,000 412-273511 412-919010-99302C Reconstruction of Sulfuric Acid Area $60,000 412-273511 412-919010-99302C Subtotal Fund 412 Reserves $1,200,000 Installation 3rd Odor Control Scrubber (Impact Fee Funded/ $503,000 411-273511-70073 411-91901 0-99302£ Subtotal Water Impact Fee Reserves $503,000 Unbud~eted Mechanical System Repairs Description Amount Move to Move From Emergency purchase of chemical feed pumps/stroke positioners for NRWTP $56,000 408-253215408-919010-9910OC Chemical valve replacement/repair at NRWTP $8,000 408-253215408-919010-99100C Generator breaker repair at N RWTP $20,000 408-253215408-919010-99100C Emergency purchase and installation of lime slaker SRWTF $42,000 408-253215408-919010-99100C Paying of prior period invoices to Vendor $50,000 408-253215408-919010-99100C Safety Repairs to Overhead Chlorine Crane at N RWTP and SRWTP $10,000 408-253215408-919010-991000 Chemical Handling Dead Man Switches at NRWTP $10,000 408-253215408-919010-991000 Infiuent/Effiuent Valves for Reactors at SRWTP $30,000 408-253215408-919010-991000 Repairs to Transfer Pumps SRWTF $30,0001 408-253215'408-919010-991000 Emergency purchase of Plant Computers & Set-up at NRWTP $50,000 408-253215408-919010-991000 Subtotal for this Section $306,000 Reliability Enhancements & Electricit7 I Description Amount Mo~e to Move From Wellfield Valves 18 ~ $2,700 ea. ~;48,600 408-253215 408-919010-99100( Wellfield Pumps/motors (1000 gpm) 3 @ $4500 ea. $13,500 408-253215 408-919010-99100( Wellfield Pumps/motors (700 gpm) 6 @ $4,300 ea. $25,800 408-253215 408-919010-99100( AmmoniaJChlorinator Regulators 15 @ $2500 ea. $37,500 408-253215 408-919010-99100~ N. Plant Breaker Backup $12,000 408-253215 408-919010-99100( Electricity for N RWTF $235,000 408-253221 408-919010-991OO~ Subtotalfor this Section $372,400 Total Utility Operating Fund Total Water Capital Fund Total Water Impact Fee Fund Grand Total $678,400 $1,200,000 5053,000 $2,381,400 Page 1 Reserves for Contingencies - Operating ~.ccounts 408 919010 991000 Items Needed To Be Purchased cost Center -Wellfield Valves 18 ~ ~;2,700 ea. . . $4,8,600408-253215 R0semounts 6 ~ $2,000 ea. $12,000408-253215 IWellfield Pumps/motors (1000 gpm) 3 (~ $4500 ea. $13,500408-253215 !Wellfield Pumps/motors (700 gpm) 8 ~ $4,300 eal $25,800408-253215 !'Motor cable (1000ft roll) $3,000 408-2532~ 5 "' Ammonia/ChlorJnator Regulators 15 ~ $2500 ea. $37,500408-253215 N. Plant Breaker Rebuilt $12,000408-253215 Injection Well Permit - IW1 - Missimer Fee To Renew $10,000408-253221 Injection Well Permit - IWl - Testing Required to Renew Permit $10,000408-253221 Lime Silo Permit- required by DEP $5,000 408-253211 ,Subtotal for this Section $177,400 Funds utilized that were unbudqeted & need to be replaced. Cleaning of Iste of Capri Tank/SRWTP Tanks $15,000408-253215 Emergency purchase of chemical feed pumps/stroke positioners for NRW'I'P $56,0001408-253215 Limitorque valve replacement/repair at NRWI'P $8,000i408-253215 Arc Chutes on breakers repair at NRVVTP $20,000;i 408-253215 Emergency purchase and installation of lime slaker$42,000 408-253215 iconics Software update to run sRwTP $4,000 408-253215 Paying of long outstanding invoices to 'Wilkens & Associates Invoices $50,000 408-253215 Resurface Rotted Filter Deck at SRWTP $20,000 408-253215 Safety Repairs to Overhead Chlodne Crane at NRWTP and SRW'!'P $10,000 408-253215 Installation of Dead Man Switches at NRWTP $10,000 408-2532'15 Infiuent/Effiuent Valves for Reactors at SRWTP $30,000 408-253215 Upgrade of South Plant Sump Pumps $30,000 408-253215 Emergency purchase of Plant Computers & Set-up at NRWTP $50,000 408-253215 Electricity for North Plant $235,000 408-253221 Subtotal for this Section $580,000 Total Request for This Fund $757,400 Page 2 JUN 2 7 2000 Reserves for ContinQencies - Capital Projects412 919010 993020Proiect No. Retrofit of 3 VFD High Service Pumps at NRTWP and SRWTP $!00,000 70057 Chemica! Piping Replacement at NRVVTP $870,000 7089( Degassifer Improvements $128,000 Rewire Generator Switchgear $42,000 Reconstruction of Sulfudc Acid Area $60,000 Total Request for This Fund $1,200,000 ITotal Funds Being Requested $2,460,400 I Page 3 NO. ~ JUN 2 7 2000 EXECUTIVE SUMMARY ACCEPT THE UTILITY EASEMENT FOR THE DIAMOND SHORES SUBDIVISION CONNECTION TO THE COUNTY REGIONAL SEWER FACILITIES OBJECTIVE: That the Board of County Commissioners, as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), accept an easement that will allow the Diamond Shores Subdivision to connect to the County's Regional Sewer Facilities. CONSIDERATIONS: In November of 1999 the Board of County Commissioners authorized the Wastewater Director to execute the Department of Environmental (DEP) settlement offer and pay a civil penalty by performing an In-Kind Service Project. This project will enable the Diamond Shores sewer package plant to be removed and sewer service to be provided by the County's regional facilities. FISCAL IMPACT: The easement has been donated and the only associated costs will be recording fees that are less than $10.00. GROWTH MANAGEMENT IMPACT: The removal of the Diamond Shores package plant is consistent with the policies of the Sanitary Sewer Element of the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of Commissioners accept the attached Utility Easement and authorize staff to record the easement in the Public Records of Collier County. PREPARED BY: 7) · ' x Ann Marie Saylor, Int,e~l~' Operations Director PROVED / ~ Ed~,~ard N. ~~efim Pu~ Utilities Administrator Date JUN 2 ? 2ooo i: UTILITY EASEMENT (Mulberry Row) This Easement, granted this ~¢]~ day of _.l~u.~4_~ 2000, by 951 Land Holdings, Ltd., a Florida limited partnership, as Grantor, to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable conideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains, and sells unto the Grantee, its successors and assigns, a perpetual, non- exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following descr/bed lands being located in Collier County, Florida, all County utility easements indicated C.U.E. for installation and maintenance of its facilities, to wit: See Exhibit "A" incorporated herein by reference. TO HAVE .~ND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS THEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witn!ss (Signature) Wi(nes)s ~i-gn~t~re) Name 951 Land,})l/oldings, Ltd., a F. lofiJda limited partners~;ff'p/ / ~ Aubrey ~/~errao,~ttomey in Fact Page 1 of 1 JUN ,. STATE OF FLORIDA COL,2NTY OF COLLIER ¢'~day of-"-- The foregoing instrument was acknowledged before me this ~-./ (~.a.- ., 2000 by Aubrey J. Ferrao, as Attorney in Fact for 951 Land Holdings, Ltd., a Florida limited partnership, who is "j~ personally known or [] produced identification in the form of a Prepared by: Ann Marie Saylor Interim Operations Director 3301 East Tamiami Trail Naples, FL 34112 This instrument p.~as;~,:,c,n .ouz_ .~= .........i ....:- Thomas iPal~mer )~bM"~'~ , stant County Attorney F:' U SERS',WANDA'~FDDLERS'uMULB ERRY',.util-eas.dia Page 2 of 2 JUN 2 7 2uuO Hr rsOnMiller New Directions In Planning, D~n & Engineering Description of part of Fiddleifs Creek Phase lB, Unit Two Plat Book 29, Pages I through 4 (15' Wide Utility Easement) All that part of Fiddler's Creek Phase lB. Unit Two, being more particularly described as lying 7.5 feet on both sides of the foUowing described centerline: Commencing at the southeast comer of Section 15, Township 5 l South, Range 26 East, Collier County. Florida; thence along the west line of Fiddler's Creek Phase lB, Unit Two as recorded in Plat Book 29, pages I through 4. North 00o20'47" East 392. [8 feet to the Point of Beginning of the centerline herein described; thence leaving said line South 89o39' 13" East 15.10 feet to a point on west line of Mulberry Lane of said Fiddleifs Creek Phase lB. Unit Two and the Point of Termination; Subject to easements and restrictions of record. Parcel contains 226 square feet more or less. Bearings are based on the west line of Fiddleifs Creek Phase lB, Unit Two, being North 00020'47" East. Not Valid unless embossed with the Professional's seal. Certificate of authorization #LB-43. WILSON, MILLER, BARTON & PEEK. INC. Registered Engineers and Land Surveyors Ref. 2J-89 W.O.: N8232-000-004 Date: May 16, 2000 :! JUN 7' 7 2000 www. wilsonmiller. corn EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT WITH CEDAR HAMMOCK HERITAGE COMMUNITY DEVELOPMENT DISTRICT OBJECTIVE: To obtain Board of County Commissioners approval for an interlocal agreement between Collier County and Cedar Hammock CDD. The agreement addresses issues related to water and sewer facilities. CONSIDERATIONS: Under Chapter 190, Florida Statutes, an interlocal agreement between the County and Cedar Hainmock CDD regarding the provision of water and sewer service is required. The principal elements of the Interlocal Agreement are: 1. Cedar Hammock CDD agrees that the Collier County Water-Sewer District shall be the permanent provider of water and wastewater services to the CDD. 2. The CDD will convey all water and sewer facilities to the County xvithout cost to the County. 3. The CDD acknowledges that the water and sewer impact fees are required to be paid at the time of permitting. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board approve the Interlocal Agreement, and authorize the chaimaan to sign the agreement on behalf of the Board, and authorize staff to record the agreement in the Public Records of Collier County. Submitted By: ./~,t../2~7[?jJ~:~z..~&~;~ Ann Marie Saylot, Interf/n Operations Director Approved By~'~'f~~~~ n ~t r, e ~~n~i Pu ilities Date: Date: Division Adminfstrator l 3 4 5 6 7 8 9 10 II 12 13 15 I? 18 19 2o 21 22 23 2,4 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 ,41 42 INTERLOCAL AGREEMENT This Interlocal Agreement is entered into on this ____ day of ,2000, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COIJNTY, FLORIDA, as tile governing body of Collier County, and ex-officio tile governing board of the Collier County Water-Sewer District (hereinafter "Cottory"), and the BOARD OF SUPERVISORS OF THE CEDAR IIAMMOCK COMMUNITY DEVELOPMENT I)ISTI~.ICT, as the governing body of the Cedar Hmmnock Community Development District, a political subdivision of the State of Florida (hereinafter "Cedar IIammock CDD"). RECITALS: WltEREAS, U.S. Home Corporation, a Florida corporation, (hereinafter "Petitioner") petitioned the County to eslablish a Cmnmunity Development District in the tinincorporated urban area of Collier County, in accordance with Section 190.005, Florida Statutes (hereinafter "Petition"); and WHEREAS, at the local Cormty hearing held on November 24, 1999, relative to the Cedar I tammock CDD, the County adopted Ordinance No. 99-81, granting the petition to establish the Cedar }tammock CDD; and WIIEREAS, after carefid consideration and duly held public hearings on this matter by both the County and Cedar 1tammock CDD, the County and Cedar ilammock CDD have found that: (a) This Interlocal Agreement fi~rthers the public purpose of the Cedar [lammock CDD and the Collier Connty Water-Sewer District, their constituents, ratepayers, local owners and residents, both present and fi~ture, and the Collier Connty community as a whole; and (b) The parties have entered into this Interlocal Agreement in good faith to promote cooperation in providing and creating certain utility infrastructm'e which will serve the area encompassed by the Cedar Hamlnock CDD and which will be owned and operated by Collier Cotmty or the Collier County Water-Sewer District; and 1 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 (c) The public will reap significant advantages associated with and emanating fi'om this Interlocal Agreement. WlTNESSETII: NOW, TIIEREFORE, in consideration often Dollars ($10.00) and other valuable consideration exchanged between the parties hereto and the covenants hereinafter contained, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Interlocal Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes. 3. The parties have entered into ibis Agreement in good faith and covenant to cooperate with each other in order to consmoot, manage, finance and provide water and sewer utility lhcilities Io serve the landowners and residents within the Cedar l lammock CDD, which lhcilities shall be OWlled by Collier County or the Collier County Waler-Sewer District. 4. The parties confirln, ratily and acknowledge thai the Acknowledgxnents in Exhibit 7 of lhe Petition are true and correct. 5. With respect to water and wastewater lhcilities and service within the Cedar l lammock CI)D, the parties agree as follows: (a) ~lhe Water-Sewer District shall be the permanent pm'veyor of water and wastewater service to the properties within the District. (b) 'l'lle District shall and will be obligated, in accordance with standard Counly procedures, to convey lille to waler and sewer facilities ~o tim County and its Water- Sewer District without cnst to the County or its Water-Sewer District, and that such lhcilities will not and shall 11ot serve as security ibr any Form of financing or bond indebtedness prior to said conveyance. The District shall design, permit and construct all water and ~vastcwater thcilities to Water-Sewer District standards and, immediately upon completion of such thetittles and approval thereof by the Water-Sewer District, dedicate water and wastew'ater facilities constructed by or on behalf of the District to the Water-Sewer District fi'ee' from any liens or encumbrances pursuant to procedures then in effect. As used in this Agreelnent, the term "water and wastewater facilities" shall include, but not be limited to, all lines, laterals, mains, tanks, li~ slalions, pump stations, treatment and distribution facilities and other apparatus constructed by or on behalf of the District fi)r the treatment and transmission of potable water and wastewater; provided, however, the term shall not lnean or refer to any waler or wastewater lines or other 2 3 4 5 6 7 8 9 I0 1l 12 13 14 15 16 17 18 19 21 22 23 24 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 apparatus constructed within the boundaries of any residential or commercial platted lot or golf conrses intended to solely serve the individual residential or commercial platted lots or golf course. (c) The Water-Sewer District currently has master plans for the provision of water and wastewater service throughout the Water-Sewer District over the next fifteen years. (d) The District acknowledges that lhe Collier County Water-Sewer District is the permanent water and sewer service provider within the District. The District does also acknowledge that the County impact fees for water and sewer services are required to be paid at the time a building permit application is ~nade. (e) None of the foregoing provisions within this Section 5 shall be construed to relieve the Waler-Sewer District of its legal right and obligations to supply users within lbe District with adequate water and wastewater services fi'om its regional facilities or to prohibit the District fi'om exercising any authorized powers under Chapter 190, Florida Statutes (1999), including management and finauciug powers, nther than as expressly provided therein to the contrary. 6. The parties specifically acknowledge that the special act creating the Collier Ctmnty Water-Sewer l)istrict and all amendmeuts thereto, the Collier County Utility Standards and Drocedures Ordinance and the Collier County Subdivision Regulati(ms, all as amended and their succcsst~rs-iu-fuuction, are either "governmental or planning or environmental or land development regulations" aud will be so recognized in light of any future aualysis o1' Section 19{), Florida Statutes (1999). 7. The parties confirm, agree and acknowledge that the provisions of Section 19{1.0:16, Florida Statues, has and shall have no effect concerning the translkr of water and sewer facilities, in accordance with slandard County procedures, to lbe County and its Water-Sewer District. 8. The parties confirm, agree and acknowledge that to the extent not contrary to or inconsistent with this Agreement, the special act creating the Collier County Water-Sewer District, the Collier County Utility Standards and Procedures Ordinance, and Collier Cotmty's Land Development Regnlations, all as amended and their successors in function, will and shall control over the provisions of Chapter 190, Florida Statutes (1999) whenever there is a potential that any of the County ordinances or regulations conflict with the provisions of Chapter 190; and that the parties will and shall take action to lmrmonize the statutes and regulations in a way that is advantageous to the concept of providing regional water and/or sewer services by the Water- Sewer District to the areas within the Cedar Hammock CDD. 9. The duration of this Interlocal Agreement shall be fi)r so long as the Cedar Hammock CDD, or its successor-in-function, is functional and/or in existence unless terminated by the parties hereto upon mutual written agreement. 10. This Interlocal Agreement shall be binding upon all the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the date and year first above written. ATTEST: DWIGIIT E. BROCK, Clcrk By: By: 13eputy Clerk Approved as to form and legal sufficicnfix,~ 1 ThonSas C. Pahner, Assistant County Attorney ATTEST: Jafiles P. Ward, Secretary IIOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS TIlE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIERCOUNTY WATER- SEWER DISTRICT TIMOTttY J. CONSTANTINE, Chairman BOARD OF SUPERVISORS OF TIlE CEDAR HAMMOCK COMMUNITY I)EVELOPMENT DISTRICT AS TIlE GOVERN~ BODY OF Tile CEDAR Peter R. Corneau, Chairman alL, S) {SEAL} '~'m~ o Atl.nticBon&n~Co. Inc. Consented to this STATE OF FLORIDA COUNTY OF COLL1ER On the/O7't/~ day, of .-~/~/,.,)/j 2000, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Peter R. Comean, well known to me to be the Chairman of the Board of Supervisors of the Cedar Hammock Community Development District; he then and there ac 'lmowledged the foregoing and the corporate seal was then and there affixed thereto. Printed Name of Notary ,2000.//~///~ F Sign~ure/,~ Printed ~/ame ~ /'~ Title: EXECUTIVE SUMMARY APPROVAL OF INTERLOCAL FUND SHARING AGREEMENT WITH THE CITY OF EVERGLADES TO RENOVATE THE RECREATIONAL COMMUNITY CENTER Objective: That the Board of County Commissioners enter into a fund sharing agreement with the City of Everglades to renovate their recreational community center. Consideration: The Board previously approved and budgeted in FY00 funds to support the interlocal agreement to finish refurbishment of the Everglades Community Center Roof. The County Summer Camp program has utilized this facility in the past. The County will fund $14,000 for the completion of renovation costs. Growth Management: These facilities are operated by their respective City municipalities and therefore are not included in the County Comprehensive plan. Fiscal Impact: Funds are budgeted and available in the Park Capital Fund. Recommendation: with the City of Everglades. That the Board authorize the Chairman to sign the interlocal agreements Prepared By: '/~~~~ Date: Date: ~ ~ ~/c~C) [' t' Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and ~' Approved By: ~l/Y/f!~ Marla Ramsey, Director Department of Parks and R~.x/sation Reviewed and '..7'~ 5:,~-~ Approved By: i!'~i;;, Leo Ochs Jr., Publi~/Sejfvices Administrator Division of Public SerVices Date: , / INTERLOCAL AGREEMENT FOR FUND StIARING EVERGLADES CITY COMMUNITY CENTEl>` 15'I PI>,OVF. 5IENTS THIS INTERLOCAL AGREEMENT, BY AND BETWEEN Collier County, (hereinafter referred to as the "County"); and the City of Everglades, (i:ereinafter referred to as the "City"); WITNESSETH WHEREAS, the Board of County Commissioners for Collier County has approved funding assistance to the City of Everglades for the Everglades Community Center Improvements Project; and WHEREAS, that funding was approved in the 2000 fiscal budget for Collier County; NOW, THEREFORE, in consideration of the covenants contained herein, the County and the City hereby agrees as follows: Section 1. The County shall pay up to fourteen thousand dollars (514,000) for the completion of refurbishment of the Everglades City Community Ccn~cr roof, payable as reimbursement to the City. The City shall submit the invoices to the County for said project by September 30, 2000. Section 2, Improvements are deemed to have a useful life of twenty (20) years. The City shall not assess an additional admission fee, user fee, etc., to County residents during the life of the project. Additionally, the City shall make the community center available for the County's summer youth camp program. In the cvcnt that these stipulations are violated, the City shall refund to the County the use2~l life remainder value of the skate park's improvements. Retired shall be based on p.~',nty (20) year straight line depreciation with no residual value. Section 3: This Agreement may be signed in counterparts by ~1:~ parties hereto. This Agreement shall take effect on the last day of exccutien bv t]ne party that last executed this agreement. Section 4: This Agreement shall be recorded by the Countx in the Official Records of Collier County within thirty (30) days after this Agreement is 2:1tv executed. DATE: ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY CO2'.:~1ISSIONERS OF COLLIER COUNTY. FLORIDA BY: BY: DEPUTY CLERK T!*[OTIiY 5. CONS;T.,',NTiNF_. CHAIRMAN Approved as to form and Legal sufficiency: _ Thomas C, Palmer Assistant County Attorney ATTEST: MARTHA DANIELS, CITY CLERK I Approved as to form and ,fi'~ri s Lom~-------- City Attorney CITY OF EVERGLADES, A FLORIDA MUNICIPAL CORPOR:\TION SAMMY' HAMIL/FON JR., MAYOR EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO FUND CONSTRUCTION OF A NEIGHBORHOOD PARK ON TRACT 179 WITHIN GOLDEN GATE. Objective: That the Board of County Commissioners approve a budget amendment to fund removal of rock and replace the soil at neighborhood park on tract 179 within Golden Gate. Consideration: On October 12, 1999 the Board adopted a Neighborhood Park Policy. This policy allows for the development of neighborhood parks if the property and neighborhood meet certain set criteria. Collier County previously purchased a four-acre parcel, tract 179, located within Golden Gate with the intention of developing a neighborhood park. This property meets the criteria as outline in the Neighborhood Park Policy and would provide the families and children within the neighborhood a safe opporttmity to play within walking distance. Since the property was purchased prior to the adoption of the Neighborhood Park Policy, staff is requesting a budget amendment in the amount of $50,000 to complete the development of tract 179. Additional funds are requested to remove rock and replace soil to provide a safe play surface. ,,-'--Growth Management: None. Fiscal Impact: Funds are available in Fund 368 Reserves. A budget amendment will transfer funds from Community Park Impact Fees Reserves into Parks Capital Projects. Recommendation: Staff recommends that the Board approve a budget amendment to transfer funds for the purpose of constructing a neighborhood park on tract 179 within Golden Gate. Prepared by: /~ '~t~/'"'J~ ~ Debbie Roberts, Operations Coordinator Department of Parks and Recreation by: . ,~ .... ~///~// Maria Ramsey, Director / Department of Parks and Recreation Reviewed Approved by: -'4 --::~/' ( '( " Date: Leo Ochs Jr., Public Svs. Admin. Division of Public Services EXECUTIVE SUMMARY WAIVF. REQUIREMENT FOR FORMAL BID PROCESS UTILIZING GENERAL CONTRACTOR'S SERVICES WORK ORDER SYSTEM AND AWARD WORK ORDER FOR THE CONSTRUCTION OF A ROLLER HOCKEY RINK COVER. Objective: To determine it is in the best interest of the County to waive requirement for formal competition and approve contract with the recommended bidder for the construction of a roof enclosure for the Veterans Park roller hockey rink. Consideration: On June 9, 2000 staff sent a request for bids, to the five contractors currently on the County's General Contractor Services Contract, for the roller hockey rink cover project. It is anticipated that this project is going to exceed the $200,000 limit established under the General Contractor Services Contract. Projects that are priced in this monetary category are usually subject to an open public bid. However, in an interest of time savings, staff has attempted to obtain prices utilizing the annual contact, thus saving advertising and bidding time. In addition staff has been informed that the prefabrication process for the steel structure will take an additional 16 weeks that was unanticipated. Any further delay will adversely impact the Naples Roller Hockey League's winter/spring schedule. Awarding the contract to the vendor recommended will allow the facility to be ready for play in the league's winter/spring season, which begins in early January. Accordingly, written quotes for this project were solicited by the Parks and Recreation Department, which are to be received by June 23, 2000. The quotes will be tabulated and supplied to the Board of County Commissioners at the June 27, 2000 Board Meeting. In addition, staff will review the quotes received and recommend award to the lowest, qualified and responsive general contractor that can meet the required timeframe. :iscal Impact: Funds are budgeted in Parks and Recreation, Community Park Impact Fee Fund. Growth Management: The value of this facility will be inventorled in the Growth Management Plan. Recommendation: That the Board of County Commissioners waive the requirements for formal competition and award a work order to the lowest, qualified and responsive general contractor that can meet the required timeframe. ? Prepared by: ~/~~ /~. //ames Fitzek, Operations l~anager ~ Department of Parks and Recreation /,,//? // Reviewed and ~ '~'...'/7,/,<./"~,f, ',~.,,~/fi)~),}?~fa?Z Approved by: , ,' .~:...c , . Maria Ramsey, Director Depa~ment of Parks and Recreation Reviewed and Approved by: Gwen Butler, Acting Director Department of Purchasing "'"" 'eviewed and Approved by: I' eo Ochs, Jr Ad'mi~ist } Division of Publik,Serw~s Date: Date: ' ",~ ~ Date: Date: BID TABULATIONS FOR THE VETERANS PARK ROLLER HOCKEY RINK ROOF PROJECT AND STAFF RECOMMENDATION FOR AWARD. On June 23, 2000, the Parks and Recreation Department opened quotations for the construction of a roof enclosure for the Veterans Park roller hockey rink from the five General Contractors under annual contract to Collier County. The following bid tabulation reflects the proposals received: The Chris-Tel Company Surety Constxuction Company Professional Building Systems Vanderbilt Bay Construction Varian Co~tmction Company $302,725.00 $325,516.00 $343,937.00 $349,900.00 $393,5O0.00 Based on the five quotations received, staff recommends that the Board waive the formal hid. process and award the attached Work Order to The Chris-Tel Company, Inc., in the amount of $302,725. 2000 Pg. / WORK ORDER "General Contractor' s Services" Contract $99-3025, dated February 22, 2000 This Work Order is for general contracting services, subject to the tera~ and conditions of the Contract referenced above, for Work known as: PRQJECT: Veterans Community Park, Roller Hockey Roof Cover The work is specified in the proposal dated June 23, 2000 from The Chris-Tel Co., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order $CT-00-01 is assigned to the Chris-Tel Co. Scope: Contractor to supply labor and material for construction of roof structure over existing roller hockey rink, including all metal siding, roof vents, painting, concrete blocks, steel, concrete, lighting and electrical work, incidental earthwork, walks, demolition of existing light poles, temporary fencing and moving existing concession trailer in accordance with the contract drawings, specifications and documents. Schedule of Work: Proceed. Complete within 15.0. calendar days from Notice to Lic~uidat~d Damages: $500 per day for each and every day that the 150i calendar day schedule is exceeded. C~ens~tiQn: In accordance with Item 3 of the Agreement, the compensate the Firm in accordance with the negotiated suamam~= provided in the schedule below. T~SK I $ 302,725.00 TOT~_L FEE $ 302,725.00 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. PREPARED BY~~~ ' ~ntonio Ruberto~ Project Manager Parks and Recreation Department ~r~a Ramsey] DireCtor Parks and Recreation Department Date / ' ' I Dat~ ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Deputy Clerk Dat~: ATTEST: (Corporate Secretary) By: Typed Name and Title (or) witnesses (2) Signature (Print Name) By :. Timothy J. Constantine, Chairman (2) Signature (Print Name) ~roved as to Form and Legal ~uf ficiency -, EXECUTIVE SUMMARY APPROVAL OF A COOPERATIVE AGREEMENT WITH SIGNATURE COMMUNITIES, INC. AND BAYSIDE BUILDERS, INC. FOR THE DESIGN AND CONSTRUCTION OF CONNER PARK. Objective: That the Board of County Commissioners approve a cooperative agreement to allow the County to take advantage of Signature Communities and Bayside Builders desire to assist the County in the construction of Conner Park, resulting in reduced project cost to the County. Considerations: The County currently owns a undeveloped five-acre parcel on Bluebill Avenue called Conner Park, that is budgeted to begin construction this year. Signature Communities and Bayside Builders are currently constructing the Dunes development on the adjacent property and would like to coordinate the construction and design of the two projects. In exchange for the coordination of design and scheduling of construction, the two are willing to perform the design, permitting, and construction of the park at a reduced cost to the County. This cooperative agreement results in estimated cost savings of $134,000 to the County. The cooperative agreement allows for the coordination of design and construction, while getting tile project completed by December 1, 2000. Under the agreement, the County will reimburse Signature and Bayside Builders for actual cost up to $500,000 for the design and construction. In addition, the Dunes development will be allowed a temporary sales entrance through the northern portion of the park for eighteen months at the completion of which they will construct the remainder of the parking lot at their cost. Gro~vth Management: The value of the improvements to the facilities will be counted towards the level of service standard for park facilities. Fiscal Impact: The total project cost will be $500,000 and is budgeted in the Parks Capital Projects. Recommendation: Staff recommends that tile Board authorize tile Chairman to sign tile approved cooperative agreement with Signature Communities, Inc. and Bayside Builders, Inc. tbr the design and construction of Conner Park. Prepared by: ',.. ,'? ,>,~:'. ~, ,c' Date: James K. Fitzek, Operations Manager Department of Parks and Recreation .r I i . i Reviewed and ....:.>".' :.'" ~,. ~... Approved by: ~ , _ ~' :~::~ Date: -' Marla ~amsey, Di;ector ,:'~ / Depa~ment of Parks and Recreatmn Reviewed and Approved by: Gwen Butler, Acting Director Department of Purchasing Approved by: ,. L~o Ochs, Jr., Administrator Division of Public Services Date: AGREEMENT REGARI)ING IMPROVEMENTS TO CONNER PARK THiS Agrccmt:nt, made and entered into this day of 2,000 by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of tile State of Florida, hereinafter called the "COUNTY," and Signature Communities, Inc., hereinafter called "SIGNATURE," and Bayside Builders, Inc., hereinafter called "BAYSIDE BUILDERS." WITNESSETH WHEREAS, the COUNTY owns a vacant five (5) acre parcel of real property located at l 11't' Avenue North; this parcel is called "Conner Park"; it is to be improved as a public park; and \VI IEP, EAS, the COUNTY desires to make improvements to the parcel to include, but not necessarily be timired to, a paved parking lot, landscaping, irrigation facilities, pathv,'ays, lighting, signage and other amenities, hereinafter sometimes referred to as the "Project"; and \VHEREAS. this Agreement does not limit the County's use of this park for all lawful uses; and WtlERE:\S, SIGNATURE is a local development company, and is associated xvith BAYSIDE BUILDERS, a Florida registered General Contractor; both of which enlities are currently developing the DUNES neighborhood on a parcel of land adjoining Conner Park, and tile throe parties hereto desire to coordinate the design and construction of the two projects; and \VftERAS, SIGNATURE and BAYSIDE BUILDERS herein collectively sometimes called the CONTIL.\CTOR, desire and plan to provide services for the design and construction of the park, including, but not limited to, engaging services of a firm or firms capable of peribrining the work related to the Project; and \Vt IIERE..\S, the COUNTY desires to have SIGNATURE and BAYSIDE BUILDERS engage, as needed, st~b-contractors, sub-sub-contractors, materialmen, suppliers, and laborers, for the Project because tile parties believe that having these services performed through the CONTRACTOI( will result in cost saving to the COUNTY in lieu of the COUNTY having those scrviccs per!brined without the respective assistance from CONTRACTOR; and \\'i IEI~.15:\S, SIGNATURE and BAYSIDE BUILDERS are agreeable to and desirous and capable o~' pox-forming, providing, or otherwise undertaking such services on behalf of the COUNTY in connection with the Project; and \Vt IEI(E..\S, the COUNTY is agreeable to and desirous of providing specific funding to SiGNATURF. and BAYSIDE BUILDERS in connection with the Project, as described herein. NO\V, THEREFOI>,E, SIGNATURE and BAYSIDE BUILDERS hereby agree to perform, provide, or otherwise undertake the specific services in connection with the Project as specified bc!ow, and the COUNTY, SIGNATURE and BAYSIDE BUILDERS hereby covenant each to the other to implement the two Projects concurrently as follows: SECTION 1. I)ESCRIPTION OF SERVICES AND TERMS OF USE. 1.01 The \\"iIEREAS Clauses are incorporated into this Agreement as if fully set forth herein. The identity and location of the Park where the services are to be provided are depicted on Exhibit "A" attached and incorporated herein by reference. If additional locations are added to the original listed areas as per Exhibit "A," the additional locations shall be mutually agreed tipon in writing between SIGNATURE and BAYSIDE BUILDERS reprcsentatix c :red '.i;,: County Parks and Recreation Director or their designee. 1.02 A dc.scrip. tion tot' the services to be provided under this Agreement as well as the projected maximum estimated costs tbr each service are shown on Exhibit "B," attached and incorporated herein by reference. [-1-2000 1.03 For so lonL~ as the park remain a County owned park: the COUNTY, at its expense, shall repair and maintain the park, including the utility facilities constructed in the park putshint to titis Agreement, therefore excluding the twenty five (25) foot buffer along the north o£ the 111"' :Xv¢. North right-of-way line and the utility facilities therein. SIGNATURE and BAYSIDE BUILDERS, there successors and assigns, at no cost to the County, shall install and maintain the utility facilities not located on the park property, and shall provide and pay all costs of supplying water to said twenty five (25) foot wide buffer. This obligation with regard to the buffer shall run with ownership of the buffer and shall continue in perpetuity unless and nntii that obligation is expressly released in writing by the Board of County Commissione,'s. Unless and until there is such a release, SIGNATURE, as current owner of the buffer, and all subsequent property owners of the buffer shall be responsible for all irrigation and landscape costs and maintenance of the said twenty five (25) buffer. This contractual obligation regarding the buffer is in addition to all obligations any such owner may now or may hcreufier have with regard to the buffer as a matter of la~v, including then current County Ordinances. SEC!'ION II. 'I'ITRMS. 2.01 Except ::.~ t!'.is .-\grecment Ilia5,' otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall automatically expire on January 2002, unless extended as provided in 2.02. 2.02 On or bcIblc January 1, 2002, the Parties may extend this Agreement by mutual agreement under all oi' the terms and conditions contained herein for an additional period to be determined by the COUNTY, SIGNATURE and BAYSiDE BUILDERS. 2.03 The COUNTY. as one party, or SIGNATURE and BAYSIDE BUILDERS, together as tile other part>, may unilaterally terminate this Agreement if the other party is in material breach of this :\grecmcnt and the party desiring unilateral termination "for cause" provided the allegedly defaulting party is provided with not less than sixty (60) days advance written notice of the a!lcgcd breach and is given a reasonable period of time to cure the breach if the breach is curable. Oi' course, this Agreement may be terminated at any time by mutual agreement of tla0 17attics. SECTION 11I. SIGNATURE RESPONSIBILITIES. 3.01 SIGNATURE and BAYSIDE BUILDERS shall assume the entire responsibility for contracting with tiao CONTRACTOR and/or performing the duties of the CONTRACTOR for tile Project described herein. 3.02 SIGN..~, Ui,~t: and BAYSIDE BUILDERS shall be responsible for management and oversight of con:m'uction tbr the Project and shall construct the project in accordance with the plans and design as :?pro;cd by' the'COUNTY. 3.03 SIGN/(I'URE and BAYSIDE BUILDERS agree to assign a representative to the Project during the term of tile Project so that the COUNTY may effectively coordinate its services with SIGNATURE and BAYSIDE BUILDERS. In this respect, SIGNATURE and BAYSIDE BUILDERS agree to require its representative or agent to attend regular progress meetings as may bc reasonably requested by the COUNTY. 3.04 SIGNATURE and BAYSIDE BUILDERS agree to administer, in the form of plans, memoranda and reports, Project clarifications and changes as may be necessary during the Project. If any such changes directly affect the COUNTY, SIGNATURE and BAYSIDE BUILDERS shall immediately notify the COUNTY'S representative, and if the COUNTY approves such changes in writing, SIGNATURE and BAYSIDE BUILDERS shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes SIGNATURE and BAYSIDE BUILDERS to prepare, execute and implenient minor Change Orders for work changes necessitated b', the !hojcct so long as the contract amount authorized by this Agreement is not exceeded. 2 I - I - 2000 3.05 SIGNATURE and BAYSIDE BUILDERS agree, at no cost to the COUNTY, to obtain required waivers and releases of claim of lien from persons and firms performing work or providing services on or for the Project. As a matter of law, no liens under Chapter 713, Florida Statutes, may bc filed against the County's property. In the event that any person or entity attempts to tiles any claim of lien against the County's property arising out of this Agreement or the subject services, all such liens shall be removed by the CONTRACTOR at no expense to the COUNTY. 3.06 SIGNATURE and BAYSIDE BUILDERS agree to complete construction of the park not later than December 1~, 2000. 3.07 SIGNATURE and BAYSIDE BUILDERS agree, at no cost to the COUNTY, to vacate a temporary Dunes development entrance through the park, (which entrance is depicted on Exhibit "A"), and to complete the remaining portion of the parking lot (that could not be completed because ot' that entrance), as identified on Exhibit "A", not later than January 1~', 2002. SEC'FION IX,'. COUNTY'S RESPONSIBILITY. 4.01 \Vith respect to specific services to be provided to SIGNATURE and BAYSIDE BUILDERS by the COUNTY under the terms of this Agreement, services are deemed to include, but shall not necessarily be limited to, the following items: 4.02 The COUNTY agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with SIGNATURE and BAYSIDE 13UiLDERS. In this respect, the COUNTY agrees to require its representative or agent to attend regular progress meetings as may reasonably be requested by SIGNATURE and BAYSIDE 4.03 Tl~c c:dmatcd cost o£ tile Project is not to exceed five hundred thousand dollars ($500,000.00) and the COUNTY shall provide, on a cost reimbursement basis, reimbursement to CONTR:\CTOI.~ for actual costs of the Project then paid by CONTRACTOR for the items listed in Exhibit "13" up the sum of five hundred thousand ($500,000.00). The CONTIL&CTOIe. shall make its best efforts to obtain, from all sub-contractors, sub-sub- contractors, suppliers, materiahnen, and laborers, the best services for the least amount of money as if those expenses are not to be reimbursed by the COUNTY. 4.04 In the event that the COUNTY should desire additional services as necessary and mutually a~rccd upon by COUNTY, SIGNATURE and BAYSIDE BUILDERS, under this agreement in addition to those identified in Exhibit "B", and which would exceed the contract sum not to exceed live hundred thousand dollars ($500,000.00), Change Orders or Supplemental .-\,~t'ccment documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by the COUNTY'S representative, SIGNATURE, and BAYSIDE BUILDERS in compliance with the COUNTY"S then era'rent Purchasing Policy. 4.05 The COUNTY shall regularly and periodically examine, with SIGNATURE and BAYSIDE BUIi. DERS' representative(s), requests for payment (monthly pay invoices) as submitted to the COUNTY by SIGNATURE and BAYSIDE BUILDER'S contractor to determine t12at they are in order for payment and consistent with the contract docmnents entered into between tile COUNTY and SIGNATURE and BAYSIDE BUILDERS and are satisfactory tv the l:in:mcc Department. When such requests are deemed to be in proper order, the COUNTY shall certify, if true, that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project services, and shall transmit them for payment to the COUNTY Finance Director as part of the payment process for the Project. 4.06 Upon completion of all work associated with the Project, including all Change Orders and Supplemental Agreements thereto, if any, the COUNTY shall make a final review of the Project with SIGNATURE and BAYSIDE BUILDERS agent(s) or representative(s). 4.07 Tl,,c COUNT': shall have the right to inspect any work done for the Project and shall have access to t!'tc site at all reasonable times. 3 I - I - 2000 4.08 As the project proceeds, the COUNTY has full rights under this Agreement to make inspections of fi~c l'rojcct, and approval all work done for the Project prior to making any payment to CONTiL-\CTOR. 4.09 The COUNTY has no legal obligation to improve this park or to enter into this Agreement. The County is entering into this Agreement because the parties believe the County can improve the park at less costs than improving the park on its own at this time without the specified assistance from the CONTRACTOR. SECTION V. INDEMNIFICATION. 5.01 SIGNATURE and BAYSIDE BUILDERS shall defend, indemnify and save the COUNTY l~armless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, negligence of the SIGNATURE and BAYSIDE BUILDERS or its agents or representatives arising from or incident to SIGNATURES and BAYSIDE BUILDERS perlbrmance under this Agreement. SIGNATURE and BAYSIDE BUILDERS shall not be responsible for any incident arising from the sole negligence of the COUNTY. 5.02 This provision shall also pertain to any claims brought against the COUNTY by any employee of the named SIGNATURE and BAYSIDE BUILDERS, any sub-contractor, sub- sub-contractor, inatcriahnan, supplier, or laborer, and all other individuals directly or indirectly employed or retained by either of them. 5.03 SIGNATURE~S aud BAYSIDE BUILDERS obligations under this provision shall only be limited to the extent, if any, provided by Florida law, but shall not be limited in any way by tile agreed upon contract price as shown in this Agreement or SIGNATURE'S and BAYSIDE BUILDERS' f:filure to continue in full force the specified insurance coverage. 5.04 This SECTI©N V shall satvive for ten years subsequent to any termination of this Agreement unless x~aivcd earlier by tile expressed written mutual agreement of the parties, their successors or a.~signs. SECTION \T INSURANCE. 6.01 Until such time as this Agreement is completed or terminated, whichever occurs first, SIGNATURE and BAYSiDE BUILDERS shall maintain, if already in place, or provide, if not ah'eady in place, insurance applicable to the Park as follows: Comme,'cial General Liability: Coverage shall have minimum limits of S1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Ih'opcrty Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Li:tbility. l!lusint. ss Auto Liability: Coverage shall have minimum limits of $1,000,000 t'cr Occurrence, Combined Single Limit for Bodily Injury Liability and Property Dan:age. Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-O~vnership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. 6.02 Collier CoLtory shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 6.03 The ~tbovc insurance requirements can be provided by riders (or other changes) to the CONTR_ACTORS' current, valid insurance policies meeting the limit and scope requirements shall be maintained by CONTRACTOR during the duration of this Agreement. Renewal certificates shall be. sent to the County a minimum of thirty (30) days prior to any expiration date. There sheri! bca minimun~ thirty (30) day notification to the County in the event of cancellatiou or modification of any such required insurance coverage. 4 i - i - 20O0 6.04 Contractor shall insure that all subcontractors comply with the same insurance requirements th:~t CONTRACTOR is required to meet under this Agreement. The same CONTILACTOR shall provide County with certificates of insurance meeting the required insurance provisions. SECTION VII. REPRESENTATIVES. 7.01 The COUNTY Parks and Recreation Director, or designee, either directly with SIGNATURE'S and BAYSIDE BUILDERS project manager, or their designee, shall, respectively, itct its the COUNTY'S contract authority and representatives under this Agreement. SECTION Vlll. MIJTUAI. COVENANTS. 8.01 The COUNTY shall pay unto SIGNATURE and BAYSIDE BUILDERS the amount of cost of services pursuant to Article 4.03 and 4.04 above. Payment will be made upon receipt of a proper invoice and in compliance xvith Section 218.70, Florida Statutes, otherwise known as the "Florida Prompt Payment Act". 8.02 It is further understood and agreed by and between the parties herein that this agreement is sub cot ~o apprepriation by the Board of County Commissioners. SECTION IX. .x. IISCELLANEOUS. 9.01 This .,\grccmcnt must be executed by all parties prior to SIGNATURE, BAYSIDE BUILDERS, and the COUNTY commencing with the work and services described. 9.02 This Agreement contains the entire understanding between the parties and any inodifications to this ,\grccmcnt shall be inutually agreed upon in writing by SIGNATURE'S and BAYSiDE BUiLDEI(S representative or their authorized designee. and the COUNTY, or its designee, in compliance with the then current COUNTY Purchasing Policy. 9.03 There arc no third party beneficiaries to this agreement. 9.04 This ..Xgrccmcnt is controlled by and shall be administered in accordance witIx the Laws of Florid:t. IN WITNESS \VIIEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. FOR Tile COUNTY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGI IT E. 13I{OCK, CLERK BY: Deputy Clerk TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to lbrm and legal sufficicl:cy: Thomas C. Palmer Assistant County Attorney 5 I - I - 2000 For SIGNATURE COMMUNITIES: By: ~ Don g'oracc, as Vice-President of Signature Communities, Inc. (L.S.) Witness (P rj,51"qed Wireess (Printed or Ty[oed) The tbregoing instrument was acknowledged before me this/3 day of -.J wr'--.-~ 2000, by ~ c, .~ ~ o ~ ~ ~ , as Vice-President for Signature Communities, Inc. He is personally knox~n to mo. · }~4 ~M~ Comm~ss,o~ CC734970 ~ - ~ ~ -~A~/a ,~ A Notary Public (Seal) (L.S..) For BAYSIDi': BUILDERS: By': __z~V' i Coracc Es i u lu:::,l un[ ~or Don I' d Bayside BL!ildcrs. Inc. Typed or printed name of Notary Witness (p,.int e~f'or ~[.yeed( -- Witness ~ (Printed or Typed) The lbrc~oin~ instrument was acknowledged before me this_/~ day of ~ 2000, b> '~-~ ~(>r<~ , as Vice-President for Bayside Builders, Inc. lle is ~,~:~:~,g Exp~re~ Aptfl 19, 2~2 Typed or printed name of Nolary - END - 6 EXttlBIT "B" c O,N2NER PARK Description and estimated cost of services ACTIVITY COST !. Site plan, permits, inspections 2. Site grading 3. Parking lot/turn lanes 4. Sidewalks 5. Landscaping (not including sod) 6. Sod and irrigation 7. Water source supply 8. Site amenities $ 40,000. $ 40,250. $ 92,000. $ 40,250. $ 85,000. $ 159,500. $ 23,000. $ 20,000. TOTAL $ 500,000. EXECUTIVE SUMMARY APPROVE THE HOME CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 4 1/2 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $131,013 for the period July 1, 2000 through September 30, 2001 will provide in-home support services through the encouragement and management of family-type living arrangements in private homes as an alternative to costly and permanent nursing home care. The majority of these clients would be unable to remain in their homes without this help. The grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation FISCAL IMPACT: The total grant amount of $131,013 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solntions of Southwest Florida. Of the total grant award, $25,969 will require a budget amendment to recognize the direct funding portion to the County for administration and case management. The remaining $105,044 will be retained by Senior Solutions who contracts with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Home Care for the Elderly grant and authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attomey.~_,~, ~ Prepared By: (~.~.. //,/:~b~- ~'/~ Date: Johnfl~e~re!!, Services for Seniors Accounting Technician Reviewed and ~// Approved by: ~'"~--- ~, Date: _~~ bj/anci E. Lochner, Services for Seniors Program Manager Approved by: Martha ~.ki~ner, S~ccial Services Director Reviewed and ~/' "~ . /'~-~i Approved by:~. ~ ~ %,-,~/~~ Date: Leo E. Och,, Jr., Pub~ Se~7~ice, Administrator ~,ge~, d~ I.tem ~ JUN 2 7 000 07/01/00 Contract Number: HCE 316.203~00 STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and Collier Coun~ Board of County Commissioners, hereinafier referred to as the "provider". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the provider, Agreement No... 203,00, and its successor, incorporated herein by reference. The parties agree: L Provider Agrees: A. Senices to be Provided: To plan, develop, and accomplish the services delineated, or otherxvise cause the planning, development. and accomplisb,nent of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Go Final Request for Payment: 1. The pro;4der must submit the final request for payment to the agency no later fixan September 15, 2001; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. If the contract is terminated prior to the contract end date of September 30, 2001, then the provider must submit the final request for payment to the agency no more than 45 days after the contract is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. The Agency Agrees: Contract Amount: To pay for contracted services according to the conditions of Attaclunent'.!._ in an amount not to exceed $25,969. subject to the availability of funds. The agency's performance and obligation to pay under this contract ~s contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under tiffs contract. The funds awarded to the provider pursuant to this contract are in the state grants and aids appropriations and consist of the following: SERVICES REIMBURSEMENT MAXIMUM RATE UNITS Case Management $34.20 759 1 Agend¢ I~,em.. I JUN Z 7 7000 07/01/00 Contract Number: HCE 316.203,00 Program Title Year Funding Source CSFAfi Fund Amounts Home Care for the Elderly 2000 General Revenue 65001 $ 25,969 Case Management Home Care for the Elderly 2000 'General Revenue 65001 $105,044 Subsidies TOTAL FUNDS CONTAINED IN THIS CONTRACT: $131,013 HI. Prosider and Agency Mutually Agree: Effective Date: 1. This contract shall begin on July 1. 2000 or on the date the contract has been signed by both parties, x~hichever is later. This contract shall end on $eptembqr 30, 2001, Delivery of services shall end on June 30, 2001. The contract shall officially end on September 30, 2001. See Attachment I, Section III.D. .B. Termination, Suspension, and/or Enforcement: Tt'~e causes and remedies for termination or suspension of tills contract shall follow the same procedures as outlined iu Section III. B. and Section III. C. of the Master Agreement. Co Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the agency for this contract is: Terry Wlfite Executive Director Senior Solutions of Southwest Florida 2285 First Street Fort Myers, FL 33901 (941) 3324233 (941) 332-3596 fax The name, address, and telephone number of the representative of the provider responsible for admmistrat/on of the program under this contact is: Nanci Lochner Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East Bldg. H Naples, FL 34112 (941) 774-8443 (941) 774-3430 JUN'2 7 07/01/00 3. Contract Number: HCE 316.203.00 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. The name (provider name as shown on page I of this contract) and mailing address of the official payee to whom the payment shall be made: Nanci Lochner Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East Bldg. H Naples, FL 34112 I I I"111 I II II IIII IN WITNESS THEREOF, the parties hereto have caused this undersigned officials as duly authorized. 9 page contract to be executed by their Collier County Board of County Commissioners Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida BOARD PRESIDENT OR AUTHORI7ED DESIGNEE SIGNED SIGNED BY: BY: NAME:~ j. Constantine NAME: QINGER D. KOCH TITLE: ~ard Chairman ~TLE: BOARD PRESIDENT DATE: DATE: FEDERALDNUMBER: 596000538 PROVDER FISCAL YEAR END DATE: ~0 June 30, 2000 Approved as to legal form and Chief Assistant County Attorney sufficiency: 3 2000 07/01/00 Contract Number: HCE 316,203.00 ATTACHMENT I HOME CARE FOR THE ELDERLY PROGRAM STATEMENT OFPURPOSE The HCE Program encourages the provision of care in family-type living arrangements in private homes on a not for profit basis as an alternative to nursing home or other institutional care. IL SERVICES TO BE PROVIDED A. Ser~'ices: The provider's Service Provider Application for state fiscal year 2000, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agent3~ and the provider, and prescribe the services to be rendered by the provider. B. Manner of Serb'ice Pro~4sion: The scr~qces ~il/be provided in a manner consistent with and described in the provider's Service Provider Application for state fiscal year 2000 and the Department of Elder Affairs Client Services Manual. In the event the manual is revised, such revision will automatically be incorporated into the contract and ttle provider will be given a copy of the revisions. IlL METHOD OF PAYMENT This is an advance and cost reimbursement contract. All requests for payment and expenditure reports submitted to support requests for payment shall be on department forms 106H and 105H. Duplication or replimfion of these forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. Bo The provider may request a monthly advance for each of the first three months of tile contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted ~vith the signed contract and maintained in the agency's file. All payment requests for the fourth through the tw¢Iflh months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to fitis conm~ct. Reconci/iation and recouping of advances made under this contract are to be completed by the time the final pa)qnent is made. All advance payments are subject to the availability of funds. Go Advance timds may be temporarily invested by tile provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. D. Contract Amendments: The provider agrees to implement the distribution of funds as detailed in the Service Provider Application and the Budget Summary, ATTACHM .E. NT Ill to this contract. Pray changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. 2. This contract is for services provided during the 2000/2001 State Fiscal year beginning July 1, 2000 through June 30, 2001, however, the contract is in effect flu:ough September 30, 2001 in order to provide 4 j U N 2 72000 0 7/01/0 0 Contract Number: HCE 316,203,00 for maximization of resources and to allow for greater flexibility to pay for the services rendered by · June 30, 2001. Services provided after June 30, 2001 cannot be reimbursed under this contract. 3. The provider will submit a ch~ closeout report by August 15. 2001. Any contract amendments after August 15, 2001 determined necessary by the agency will be based on the draft closeout reports, 4. The final expenditure report and request for payment will be due to the agency no later than SeptemlP~r 15, 2001. No expenditure reports or requests for payment will be accepted after September 15, 2001. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by tile agency of all financial and progranunatic reports due from the provider and any adjustments thcrcto. IV. SPECIAL PROVISIONS A. State Laws and Regulations: The provider agrees to comply with applicable parts of Rule Chapter 58H-1, Florida Administrative Code promulgated for administration of Sections 430.601 through 430.608, Florida Statutes, and the Department of Elder Affairs Client Services Manual. 2. The provider agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Program Income: Progrmn h~come earned may be spent in the same contract year as earned. Any program income funds noi spent may be carried forward and must be spent in the next state fiscal year. C. Surplus/Deficit Report: The provider xxill submit a consolidated surplus/deficit report to the agency by the 10~' of each month. This report is for all contracts between the agency and the provider where there is a projected surplus or deficit of 2% or more. The report will include the following: 1) A list of subcontractors who are showing a surplus or deficit, the provider's detailed plan on how the surplus or deficit spending will be resolved or, a recommendation to transfer surplus funds; and, 3) input from the provider's Board of Director's on resolution of spending issues, if applicable. D. Outcome Achievement: 1. The provider will assign subcontractors legislatively approved outcome measures. The provider will track outcome achievement on a monthly basis and will provide technical assistance or corrective action to subcontractors when achievement levels drop or when satisfactory progress is not being achieved. 07/01/00 Contract Number: .HCE 316.203,00 E. Assessment and Prioritization for Service Delivery for New Clients: The depamnent is establishing criteria to prioritize new clients for service delivery. It is not the intent of the department to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a) c) d) e) individuals in nursing homes under medicaid who could be transferred to the community; individuals in nursing homes whose medicare coverage is exhausted and may be diverted to the community; individuals in nursing homes which are closing and can be discharged to the community; individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur v,4thin 72 hours; and, individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 2. Priorit3' Criteria for Other Assessed Individuals: The assessment and provision of,services should always consider the :nost cost effective means of service derreD'. Functional impairment shall be determined through the department's client assessment form adi~finistered to each applicant. The most frail individuals not prioritized in the group above, regardless of referral source, will receive services to the extent funding is available. F. Business Hours: The pro~5der must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. G. Client/nformation, Registration and Tracking System (CIRTS): The provider will insure the collection and maintenance of Home Care for the Elderly (HCE) subsidies and case management infomarion on a monthly basis from the Client Information, Registratiou and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems ~.ccording to agency's standards. Tile provider must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month. Case management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month. Case management units of service may be entered according to the subcontractor schedule, in aggregate on the 31st or daily, weekly or monthly. 3. The provider will ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by client and by worker identification is run. 4. The provider will ensure the Monthly Utilization Report, by client and by xvorker identification is 6 07/01/00 Contract Number: HC, E 316.203 00 verified, correct~ certified and received by the provider no later than the 25',_h of the month in which the report is generaled. The agency may also require a Request for Payment and Receipt and Expenditure Report for case management to accompany this report. The provider will ensure caregivers determined eligible for the HCE basic subsidy after the 15th of a month, will be processed to begin eligibility for the HCE basic subsidy on the 1st day of the next month. 7 07/01/00 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Legend: * Note Note # 2: Contract Number: HCE 316.203.00 ATTACIt/VIENT II HOME CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Based On July Advance* August Advance* September Advance July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report Noveinber Expenditure Report Decelnber Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report/July Adv. Recon.** June Expenditure Report/August Adv. Recon.** Draft Closeout Report Final Expenditure and Request for Payment Report Closeout Report Submit to Agency On This Date July 1 July 1 August 1 August 20 Septe~nber 20 October 20 November 20 December 20 January 20 February 20 March 20 April 20 May 20 June 20 July 20 August 15 September 15 October I Advance based on projected cash need. ** Subnfission of expenditure reports may or may not generate a payment request. Lr final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the agency prior to July I or until the contract x~4th the agency has been executed and a copy sent to the agency. Actual submission of the request for payment to the State Comptroller is dependent on the accuracy of the expenditure reporl. The last three months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first three months of the contract. ! JUN272000 O7/O 1/00 Contract Number: HCE 316,203,00 ATTACHMENT m HOME CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY PSA 8 AGENCY: Collier County Board of Count'./Commissioners Original X Amendment 1. Case Management 2. Subsidies 3. Total $ 25,969 $ 105,.044 $ t31,013 9 | JUN272000 EXECUTIVE SUMMARY APPROVE THE COMMUNITY CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHVgEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for tininterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 25 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $547,710 for the period July 1, 2000 through September 30, 2001 will allow the delivery of homemaking services, personal care services, respite care, medical transportation and case management services to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes without this help. The County's cash matching funds for this grant will be $64,900 that was approved in the County's FY 99/00 budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $547,710 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, lnc. d/b/a Senior, Solutions of Southwest Florida. Of the total grant award, $206,122 will require a budget amendment to recognize the direct funding portion to the county for administration and case management~ The remaining $341,588 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $64,900 in local cash matching funds was approved in the FY 99/00 budget and will be funded from General Revenue, Fund 001, to Collier County Services for Seniors, Fund 123. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Community Care for the Elderly grant and authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by Prepared By: C ~ ~/b4~ (~'~-~~ Date: Joh~,~/rell, Services for Seniors Accounting Technician Reviewed and Approved by: /---- ~ ~'~ ~ Date: /Nanci E. Lochner, Services for Seniors Program Manager Reviewed and Approved by: ~ J~c~ ['(~~') Date: Marth&,.Skinner, social Services Director Reviewed and - ' ~ Approved by: Date: Leo E. Ochs, Jr., Public Services Administrator o7/o~/oo Contract Number: CCE 304.203.00 STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and Collier County Boar(1 of Connty Commissioners, hereinafter referred to as the "provider". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the provider, Agreement No. 203,00, and its successor, incorporated herein by reference. The parties agree: L Provider Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or othenvise cause the planning, development, and accomplislm~ent of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Final Request for Pa3qnent: 1. The provider must submit the final request for payment to the agency no later than September 15, 2001; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. if the contract is terminated prior to the contract end date of September 30, 2001, then the provider must submit the final request for payment to the agency no more than 45 days after the contract is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. The Agency Agrees: Contract Amount: To pay for contracted services according to the conditions of Attaclunent I_L in an amount not to exceed $g06,122, subject to the availability of funds. The agency's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any otlmr contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the provider pursuant to this contract are in the state grants and aids appropriations and consist of the following: SERVICES REIMBURSEMENT MAXIMUM RATE UNITS Case Management $30.78 3,948 Transportation $15.24 82 Lead Agency Reimbursement Amount $83,377 07/01/00 Contract Number: CCE 304.203.00 Program Title Year Funding Source CSFAg Fund Amounts CozrLmunity Care for 2000 General RevenueFl'obacco Settlement 65010 $206,122 the Elderly Lead Trust Funds Agency Community Care for 2000 General Revenue/Tobacco Settlement 65010 $341,588 the Elderly Spending Trust Funds Authority TOTAL FUNDS CONTAINED IN THIS CONTRACT: $547,710 IlL Provider and Agency Mutually Agree: Effective Date: 1. This contract shall begin on July 1, 2000 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on September 30, .2001, Delivery of services shall end on June 30, 2001. The contract shall officially end on $eplember 30, 2001. See Attactunent I, Section III.D. Terlnination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall follow the sa~ne procedures as outlined in Section III. B. m~d Section III. C. of the Master Agreement. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the agency for this contract is: Terry Wlfite Executive Director Senior Solutions of Southwest Florida 2285 First Street Fort Myers, FL 33901 (941) 3324233 (941) 332-3596 fax 2000 07/01/00 2. Contract Number: ,CCE 304.203.00 The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci Lochner Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East Bldg. H Naples, FL 34112 (941) 774-8443 (941) 774-3430 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and s~d notification attached to originals of this contract. The name (provider name as shown on page I of this contract) and mailing address of the official payee to whom the payment shall be made: Nanci Lochner Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East Bldg. H Naples, FL 34112 3 JUN 2 7 2000 o7/o /oo Contract Number: CCE 304.203.00 IN WITNESS THEREOF, the parties hereto have mused this undersigned officials as duly authorized. I 10 page contract to be executed by their ICollier County Board of County Commissioners Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED SIGNED BY: BY: NAMe:Timothy J. Constantine NAME: G~GERD, KOCH TITLE:Board Chairman TITLE: BOARD PRESIDENT DATE: DATE: June 30, 2000 FEDERAL ID NUMBER: 596000538 PROVIDER FISCAL YEAR END DATE: 10/31/2000 Approved as to legal form and sufficiency: Chief~ Assistant County Attorney 4 7_2000 07/01/00 Contract Number: CCE 304.203.00 ATTACH1VIENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM STATEMENT OF PURPOSE The CCE Program provides community-based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. SERVICES TO BE PROVIDED A. Services: The provider's Service Provider Application for state fiscal year 2000, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract benveen the agency and the provider, and prescribe the services to be rendered by the provider. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the provider's Service Provider Application for state fiscal year 2000 and the Department of Elder Affairs Client Services Manual. In the event the manual is revised, such revision will automatically be incorporated into the contract and the provider will be given a copy of the revisions. METHOD OF PAYMENT This is an advance and cost reimbursement contract. All requests for payment and expenditure reports submitted to support requests for payment shall be on depamnent forms 106C and 105C. Duplication or replication of these forms via data processing equipment is permissible, provided all data elements are in the same fortnat as included on department forms. The provider nmy request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be subnfitted with the signed contract ,mid nmintained in the agency's file. All payment requests for the third through die twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this conu,'act. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of fi~nds. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest eartied on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. D. Contract Amendments: The provider agrees to implement the distribution of funds as detailed in the Service Provider Application and the Budget Summary, ATYACHMENT IIl to this contract. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. This contract is for services provided during the 2000/2001 State Fiscal year beginning July 1, 2000 through June 30, 2001, however, the contract is in effect firrough September 30, 2001 in order to provide 5 07/01/00 Contract Number: CCE 304.203.00 for ma~,d~n/zation of resources and to allow for greater flexibility to pay for the services rendered by June 30, 2001. Services provided after June 30, 2001 cannot be reimbursed under this contract. 3. The provider will submit a draft closeout report by Au_mlst 15. 2001. Any contract amendments after August 15, 2001 determined necessary by the agency will be based on the draft closeout reports. 4. The final exl)enditure report and request for payment will be due to the agency no later than September 15, 2001. No expenditure reports or requests for payment will be accepted after September 15, 2001. Any payxnent due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments d~ercto. IV. SPECIAL PROVISIONS A. State Laws and Regulations: The provider agrees to comply with applicable parts of Rule Chapter 58C-1, Florida Administrative Code pro~nulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Client Services Manual. 2. The provider agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Program Income: Progm:n income earned may be spent in the same contract year as earned. Any program income funds not spent may be carried forward and must be spent in the next state fiscal year. C. Surplus/Deficit Report: The provider will submit a consohdated surplus/deficit report to the agency by the 10~ of each month. This report is for all contracts between the agency and the provider where there is a projected surplus or deficit of 2% or more. The report will include the following: 1) A list of subcontractors who are silowing a surplus or deficit 2) the provider's detailed plan on how the surplus or deficit spending will be resolved or, a reconunendation to transfer surplus funds; and, 3) input from the provider's Board of Director's on resolution of spending issues, if applicable. D. Outcome Aclfievement: 1. The agency will assign subcontractors legislatively approved outcome measures. Tile agency will U'ack outcome achievement on a monthly basis and will provide technical assistance or corrective action to subcontractors when achievement levels drop or when satisfactory progress is not being achieved. E. Assessment and Prioritization for Service Delivery for New Clients: 07/01/00 Contract Number: CCE 304.203.00 The Department of Elder Affairs is establishing criteria to prioritize new clients for service delivery. It is not the intent of the Department to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: The provider will errsure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are deterre/ned by adult protective services to be victims of abuse, neglect, or exploitation who are iu need of ixnmediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency contracts by local protocols developed between agency service providers and adult protective services. 2. Priority Criteria for Service Delivery: a) b) c) d) e) individuals in nursing homes under medicaid who could be transferred to the co~nmunity: individuals in nursing homes whose medicare coverage is exhausted and may be diverted to the commtmity; individuals in nursing homes Milch are closing and can be discharged to the community; individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours; and, individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 3. Priority Criteria for Service Delivery. for Other Assessed Individuals: The assessment m~d provision of services should always consider the most cost effective means of service delivery. Functional hnpainnent shall be determined through the depart,nent's client assessment form ach~fi~fistered to each applicant. The most frail individuals not prioritized in groups one or two above, regardless of referral source, will receive services to the extent funding is available. 4. Refcrrals for Medicaid Waiver Services: The provider nmst require subcontractors, through the client assessment, to identify potential Medicaid eligible CCE clients. The provider must encourage subcontractors to refer these individuals to CARES and SSi related payments (if applicable) for approval for Medicaid Waiver services. Individuals pending medicaid waiver eligibility determination should be served with agency contract timds in the interim. F. Business Hours: The provider must at a nfinimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. G. Match: The pro¼der will assure a match requirement of at least I0 percent of the cost for all Community Care for the Elderly services. The match will be made in the form of cash and/or inkind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly ~natched. JUN 2 7 2000 o7/o~/oo Contract Number: CCE 304.203..00 Co-payment Collections: 1. The agency will ensure providers establish annual co-payment goals. The provider also has the option to withhold a portion of the provider's Request for Payment if goals are not met according to the agcncy's co-payment guidelines. 2. Co-payments include only the amounts assessed clients or the amounts clients opt to contribute i~ lieu o£an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. 8 Agend~m J 2 7 2000' 07/0~/00 Report Number 1 2 3 5 6 ? 9 10 11 12 13 15 16 1'7 Legend: Notc# 1: Note # 2: Contract Number: CCE 304.203.00 ATTACHMENT II COMMUNITY CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Based On . July Advance* August Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report/July Adv. Recon.** June Expenditure Report/August Adv. Recoil.** Draft Closeout Report Final Expenditure and Request for Payment Report Closeout Report Submit to Agency on this date July 1 July 1 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 10 April 10 May 10 June 10 July 10 August 15 September 15 October I Advance based on projected cash need. ** Sub~mssion of expenditure reports may or may not generate a payment request. If final expenditnre report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be subnfitted to the agency prior to July I or until the contract wfih the agency has been executed and a copy sent to the agency. Actual submission of the Requests for Payment to the State Comptroller is dependent on tile accuracy of the expenditure report. The last two ~nouths of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 9 o7/o /oo Contract Number: CCE 304.203.00 ATTACHMENT HI COMMUNITY CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY PSA 8 Original X Amendment __ AGENCY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1. Lead Agency Operation $ 83,377 2. Case Management $ 121 493 3. Transportation $ 1,252 4. Total $ 206 122 SPENDING AUTHORITY: 1. Spending Authority $_$34,107 2. Emergency Services Set Aside $ 7,48] 3. Total $ 341,588 10 EXECUTIVE SUMMARY APPROVE THE ALZHEIMER'S DISEASE INITIATIVE CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 9 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $94,330 for the period July 1, 2000 through September 30, 2001 will allow the delivery of respite care and case management services to the County's frail elderly preventing premature and costly institutional placement. This grant enables victims of Alzheimer's disease to remain in their homes with help. The gram requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation FISCAL IMPACT: The total grant amount of $94,330 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida. Of the total grant award, $505 will require a budget amendment to recognize the direct funding portion to the county for administration and case management. The remaining $93,825 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Alzheimer's Disease Initiative grant and authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the C°unty Att°mTP~~~ ,~. Prepared By: ~-'~ff~/"- ~?~ Date: John~erre!l, Services for Seniors Accounting Technician Reviewed and ~ o ' ~ npprovedby:~ ~ ~ - Date: ~ci ~ Lochner, Services for Seniors Program Manager Reviewed ~d Approved by: Date: Marth~ax. skinner, ~9~cial Services Director Reviewed and .'~ ~: d>:~ ~.~{.(..' ~~ Date: Approved by: LeoEi~}chs, Jr., Public S;~es Administrator .~/ 07/O 1/00 Contract Number: ADI 306.203.00 STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and Collier Coun _ty Board of Coun13' Commissioners. hereinafter referred to as the "provider". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency mid the provider, Agreement No. 203,00, and its successor, incorporated herein by reference. The parties agree: Provider Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or othersvise cause the planning, development, and accomplishment of such services and activities, under tile conditions specified and in the manner prescribed in Attachment I__ of Illis agreemeut. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Final Request for Payment: 1. The provider must subhilt the final request for payment to file agency no later than September 15, 2001; it the provider fails to do so, all fight to payment is forfeited, and the agency will not honor auy requests submitted after the ',floresaid time period. I£ the contract is terminated prior to the contract end date of £eptember 30, 2001, theu the provider must submit the final request for payment to the agency no more than 45 days after the contract is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor an)' requests submitted after the aforesaid time period. IL The Agency Agrees: Contract Amount: To pay for contracted sen'ices according to the conditions of Attachment I in an amount not to exceed $505, subject to the availability of funds. The agency's performance and obligation to pay under this contract is contingcm upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under tiffs contract. The timds awarded to the provider pursuant to this contract are ill the state grants and aids appropriations and consist of the following; SERVICE S REIMBURSEMENT MA~M RATE UNITS Case Management $34.20 14.5 JUN 2 7 2000 O7/O 1/00 Contract Number: ADI 306.203.00 Program Title Year Funding Source CSFA# Fund Amounts Alzhei~ners Disease 2000 General Revenue/tobacco Settlement 65010 $ 505 Initiative Case Trust Funds Management Alzheimers Disease 2000 General Revenue/Tobacco Settlement 65010 $93,825 Initiative Spending Trust Funds Authority TOTAL FUNDS CONTAINED IN THIS CONTRACT: ] $94,330 Eli. Provider and Agency Mutually Agree: Ao Effective Date: 1. Tiffs contract shall begin on Jtjlv 1, 2000, or on the date the contract has been signed by both parties, x~ hichever is later. 2. This contract shall end on Seplember 30. 2001. Delivery of services shall end on June 30, 2001. Th,_- contract shall officially end on September 30, 2001. See Attachment I, Section III.D. Te:'min:ttion, Suspension, and/or Enforcement: The causcs and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. and Section III. C. of the Master Agreement. Go Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the agency for this contract is: Terry White Executive Director Senior Solutions of Southwest Florida 2285 First Street Fort Myers, FL 33901 (941) 332-4233 (941) 332-3596 fax 07/01/00 2. Contract Number: ADI 306.203,00 The name, address, and telephone number of the representative of lhe provider responsible for administration of the program under this contact is: Nanci Lochner Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East Bldg. H Naples, FL 34112 (941) 774-8443 (941) 774-3430 In the event different representatives are designated by either party after execution of this contract, p. otic¢ of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of titis contract. Tim name (provider name as shown on page I of this contract) and mailing address of the official payca to whom the payment shall be ~nade: Nanci Lochner Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tmniami Trail East Bldg. H Naples, FL 34112 IN WITNESS THEREOF, the parties hereto have caused tiffs ... 9 undersigned officials as duly authorized. _ page contract to be executed by their ICollier County Board of County Commissioners IArea Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: NAME: Timothy J. Constantine TITLE: Board Chairman DATE: FEDERAL IDNUMBER: 596000538 SIGNED BY: NAME: _ TITLE: DATE: OINOER D, KOCH BOARD PRESIDENT Jun~ 30, 2000 PROVIDER FISCAL YEAR END DATE: .... .'l 0 / 3 1 / ? n n 0 ¢ as to legal form and sufficiency: I4ana]~z~h .... Chief Assistant County Attorney 07/01/00 Contract Number: ADI 306.203.00 ATTACHMENT I ALZHEIMERS DISEASE INITIATIVE PROGRAM L STATEMENT OF PURPOSE Alzheimer's Disease Initiative Program is focused on caring for persons 18 + with memory disorders. IL SERVICES TO BE PROVIDED A. Services: The provider's Service Provider Application for state fiscal year 2000, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agency and the provider, and prescribe the services to be rendered by the provider. B. Man,mr of Service Provision: The sen'ices will be provided in a Inanner consistent with and described in the provider's Service Provider Application for state fiscal year 2000 and the Agency of Elder Affairs Client Services Manual. In the event file mm~tkql is rex4sccl, such revision will autormqtically be incorporated into the contract and the provider will be given a copy of the revisions. IlL ISlETHOD OF PAYMENT This is an advance and cost reimburse:nent contract. All requests for payment and expenditure reports submitted to support requests for payment shall be on department forms 106C and 105C. Duplication or replication of these forms x4a data processing equipment is permissible, provided all data elements are in the same format as included on department forms. The prox'idcr may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be subnfitted with the signed contract and maintained in the agency's file. All pay~nent requests for the third through the twelfth mouths shall be based on the submission of monfitly actual expenditure reports begimfing xx4th the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contr,~ct. Reconciliation and recouping of advances made under this contract are to be completed by the time the fin31 payment is n-tade. All advance payments are subject to the availability of timds. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest c~trned ou contract fund advances must be returned to the agency v,4thin thirty (30) days of the end of tile first quarter of the contract period. D. Contract Amendments: The provider agrees to implement the distribution of funds as detailed in the Service Provider Application and the Budget Summary, ATTACHMENT HI to this contract. Any changes iu the total amounts of the funds identified on the Budget Summary form require a contract alnendment. This contract is for services provided during the 2000/2001 State Fiscal year beginning July 1, 2000 through June 30, 2001, howc~,er, the contract is in effect fixrough September 30, 2001 in order to provide for maximization of resources and to allow for greater flexibility to pay for the services rendered by 07/01/00 Contract Number: ADI 306.203.00 June 30, 2001. Services provided after June 30, 2001 cannot be reimbursed under this contract. 3. The provider will submit a draft closeout report by Al~gust 15,2001. Any contract amendments after August 15, 2001 determined necessary by the agency will be based on the draft closeout reports. 4. The final expenditure report and request for payment will be due to the agency no later than September 15, 2001. No expenditure reports or requests for payment will be accepted after September 15, 200 i. E. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all fm,'mcial and programmatic reports due from the provider and any adjustments thcrcto. IV. SPECIAL PI~OVISIONS A. St;itc Ln~vs ;tnd Regulations: 1. Tlic provider agrees to comply with applicable parts of Rule Chapter 58C-1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Dc?artment of Elder Affairs Client Sen'ices Manual. 2. The provider agrees to comply ;;5flx the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. 5 O7/O 1/00 Contract Number: ADI 306 203.00 C. Research and Statistics and Reports The pro~4der agrees to reslx>nd to requests for research information and statistical data concerning its clients based on i~fformation requirements of the Memory Disorder Clinics, Brain Bank and Alzheimer's Disease Research Database. Model Day Cares must develop and report on innovative therapies and interventions which can be shared with other Alzheimer's Disease Initiative health and social services personnel via training. Reports ~511 include the hypothesis, data collection items, research methods, timeline for completion, and plan for dissemination of findings. Model Day Care programs must report all training actMiles provided to health care and social service personnel and caregivers, as well as serve as a natural laboratory for service related applied research by Memory Disorder Clinics. B. Program Income: Prognun income earned may be spent in the same contract year as earned. Any program income timds not spent may be carried forward and must be spent in the next state fiscal year. C. Surplus/Deficit Report: The provider will subnfit a consolidated surplus/deficit report to tile agency by tile 10~ of each month. This report is for all contracts between the agency and the provider where there is a projected surplus or deficit of 2% or more. The report will include the following: 1) A list of subcontractors who are showing a surplus or deficit 2) the provider's detailed plan on how the surplus or deficit spending xvill be resolved or, a recommendation to transfer surplus funds; and, 3) input from the provider's Board of Director's on resolution of spending issues, if applicable. D. Outcoral2 Achievement: 1. The agency will assign subcontractors legislatively approved outcome measures. The agency will track outcome achievement on a monthly basis and will provide technical assistance or corrective action to subcontractors when achievement levels drop or when satisfactoD, progress is not being achieved. E. Assessment and Prloritization for Service Delivery for New Clients: The Dc[xmmcnt of Elder Affairs is establishing criteria to prioritize new clients for service delivery. It is not the intent of the Department to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: The provider will ensure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be victi~ns of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will bc given prhnary consideration for receiving AI zZI--IEIMERS DISEASE INITIATIVE Services. As used in this subsection, "pri~nary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency contracts by local protocols developed between agency service providers and adult protective services. 6 O7/01/00 Contract Number: ADI 306.203.00 2. Priority Criteria for Service Delivery: a) b) c) d) e) indMduals in nursing homes under medicaid who could be transferred to the community; individuals in nursing homes whose medicare coverage is exhausted and may be diverted to tile comnmnity; individuals in nursing homes wldch are closing and can be discharged to the colnmunity; indJvidtmls whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours; and, individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 3. Priority Criteria for Service Delivery for Other Assessed Individuals: The :w, scssmcnt m~d pro,~4siou of sen4ccs should al~vays consider the ~nost cost effective means of sm~'icc dcliveD'. Foncfiomal impairment shall be determined through tile department's client assessment form adminis!ered to each applicant. The most frail individuals not priori!izod in gronps one or txvo above, regardless of referral source, will receive services to the extent funding is available. 4. Referrals for Medicaid Waiver Services: The provider must require subcontractors, through the client assess~nent, to identify potential Medicaid eligible ADI clients. The provider must encourage subcontractors to refer these individuals to CARES ~md SSI related pa)~nents (if applicable) for approval for Medicaid Waiver services. Individuals pending mcdicaid waiver eligibility determination should be served with agency contract timds in the interim. F. Business flours: The provider must at a minirotan maintain business F. ours from 8:00 AM to 5:00 FM daily, Monday through Friday. tt. Co-payment Collections: The agency will erasure providers establish annual co-payment goals. The provider also has the option ~o withhold a portion of the provider's Request for Paylnent if goals are not met according to the agcncy's co-pa)'mcn! guidelines. 2. Co--payments include only the atnounts assessed clients or the amounts clients opt to contribute in lieu of an assessed co-payment. Thc contribution must be equal to or greater than the assessed co-payment. 7 07/01/00 Report N~ml;>¢r 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 Legend: Note # 1: Note # 2: Contract Number: AD! 306.203.00 ATTACHMENT II ALZttEIMERS DISEASE INITIATIVE PROGRAM CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Based On July Advance* Augnst Advance* July Ex'penditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report Janurn7 Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Ex~nditure Report/July Adv. Recon.** June Expenditure ReporffAugust Adv. Recon.** Draft Closeout Report Final Expenditure and Request for Payxnent Report Closeout Report Submit to Agency On This Date July 1 July 1 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 10 April 10 May I 0 June 10 July 10 August 15 September 15 October I Advance based on projected cash need. ** Submission of expenditure reports may or may not generate, a payment request. If final c.',:penditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the agency prior to July 1 or until the contract with the agency has been executed and a copy sent to the agency. Actual submission of the Rcque, sts for Payment to the State Comptroller is dependent on the accuracy of the expenditure report. The last two months of the provider's fiscal reports covering actual expenditures should reflect an acljuslmcnt repaying advances for the first two months of the contract. 07/01/00 Contract Number: ADI 306.203.00 ATTACHMENT 11I ALZItEIMERS DISEASE INITIATIVE PROGRAM BUDGET SUMMARY PSA 8 AGENCY: Original X Amendment __ 2. Respite 3. Total $. 505 $ 93,825 $ 94,330 EXECUTIVE SUMMARY AUTHORIZATION TO ACCEPT FUNDS TO EMPLOY A 4H PROGRAM ASSISTANT. OBJ'ECTI~TE: To accept funds to employ a 4H Program Assistant in August 2000 using a private start-up donation CONSIDERATIONS: To maintain effective outreach to the youth of Collier County the United- Way has funded a 4H Program Assistant position be[tinning January 2001, The 4H Program Leader recommends the position start at the beginning of the school year to make the position more effective. The beginning of school is the most crucial time in the program year for recruitment of youth and leaders, training and advertising of clubs. A private donation for the start-up in August has been made through the 4H Foundation. FISCA_L,,,1341>ACT: A budget expenditure of $3400 will be offset by an increase of revenues from a private source of $3400. GROWTH..MANAGEMENT EMPACT: None. RECOMMENDATION: donation and authorize the appropriation and expenditure. Prepared by. em~L.~ Approved By: ....... Leo Ochs, Public Se~i~dmtmstrator That the Board approve a budget amendment recognizing the 4H Date: 6/15/2000 Date: EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO COMMIT RESERVES FOR INCREASED FUEL COSTS IN FLEET MANAGEMENT FUND(521). OBJECTIVE: Obtain Board approval to commit reserves to fund increased fuel costs. CONSIDERATIONS: Motor fuel costs have risen dramatically this fiscal year, from an average of $.97 per gallon in October 1999 to the current average of $1.26 per gallon. During the same period, fuel usage exceeded projections by 50,000 gallons. The resultant is a $225,000.00 appropriation shortfall for fuel purchases this fiscal year. FISCAl. IMPACT: Motor fuel will cost the County approximately $225,000.00 more than originally budgeted this fiscal year. Since Fleet Management is an internal service fund, the additional costs will "pass through" to affect the budgets of using departments and organizations. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: The Board approve a budget amendment appropriating reserves to fund additional fuel costs and recognizing associated revenues in Fleet Management Fund (521). REVIEWED BY: D~n Croft, Fleet Manag'er / REVIEWED BY: )fi~/;2~z?/ 7' Skip Camp/Facilities Management Director DATE: REVIEWED BY: .~)) ~' DATE: Jo-Anne Varcoe-Leamer, Support Services Administrator [ AG£ NQA, ITEM ~ .o. JUN 2 7 200O [ ,,, l:, EXECUTIVE SUMMARY APPROVE EXHIBIT 2, CONTRACT AMENDMENT, RFP 98-2856, "CONSULTANT SERVICES FOR DEVELOPMENT OF REGIONAL IMPACT (DRI) PROCESS". OBJECTIVE: Approve Exhibit 2, Contract Amendment 98-2856 with Wilson, Miller, Barton & Peek, Inc. to include the Juvenile Detention Center in the submittal of the Application for Development Approval (ADA) for the Main Government Complex DRI. CONSIDERATIONS: The Florida Department of Juvenile Justice (FDJJ) has an urgent need to provide custodial supervision for up to 55 juveniles in a juvenile justice detention center (JJDC) serving Collier County. The FDJJ has selected an appropriate site for construction of the JJDC on approximately 2.44 acres, leased from the Board, located within the Collier County Government Center DRI. As a result, the State (DCA) requires that the proposed Juvenile Detention Center be included as part of the Government Complex DRI study. FISCAL IMPACT: The total not to exceed negotiated fee to be paid to Wilson, Miller, Barton & Peek, Inc. for the additional work necessary to amend the Preliminary Development Agreement and to include the JJDC into the DRI for the Collier County Government Center is $34,000.00. This amount is to be fully reimbursed by the State (see attached copy of the lease dated March 28, 2000). GROWTH MANAGEMENT IMPACT: The DRI is in concert with the County's Growth Management Plan. RECOMMENDATIONS: That the Board approve Exhibit 2 of the Contract Amendment to RFP 98-2856 as addressed in this summary and authorize the Chairman to sign the Amendment after review and approval by the County Attorney's Office. PREPARED BY: 1/~2.~ /~.~r_,' ~ //6~k'Cr0~nale, ~o-'rt~str~xciion Manager /Department of Facilities Management REVIEWED BY:s/kip ~~'~~ Camp, CFM, Director Department of Facilities Management DATE: APPROVED BY: ,J]/ ~ l [.// DATE: Jo-Anne Varcoe-Leamer, Administrator Support Services Division JUN 2 7 2000 ~4/07/30 FR! 09:57 FAX 941 643 5716 ~11son~!lller Inc ~aln ~002 (;ROUND LEASE AGE EEM ~NI' This Lease is made and cntcrt:d into this,~ day of. % hotween COLLIER COUNTY, a political subdivisifn, heroin tefra-red to as "LESSOR", and '1'1 IE STATI'.' FLORIDA, DEPARTMF~NT OF i[YVENtLE JUSTICE, a State Agency, herein re£er~d to as "I.ESSI':t'L" The ~ctual d.~tc of this A~,rccm~r'..L shall be [inc [~t signstoro date. In considcration of the mutual covcnants provided herein and other good and vahmhh: consideration, the parties agree as follows: ARTICLE !. DEMISE OF LEASED I,AND [.1 LESSOR for and in consideration of the rants, covenants and conditions hcrcm contained to be kept. performed and observed by LESSEE, does lease and dcmisc to LESSEE, and I,ESSt{I{ does rent and accept from LESSOR, the real property, referred to as "Leased Land" d~cribcd ira Exhibit "A". attachc. d hereto ~d incorporated hm'~in by n=fu-mneo. LESSOR hereby rapresents and warrants that LESSOR is the owner in lie simple abs.lulc of Ihc Leaseal Ltmd .~ubjcct to covena,~k% conditions, restrictions, casc,ncnts and other m~tcrs of sct'o,xl. 1.3 LESSOR covenants and agrtms that LESSEE, on keeping the covenants, condifious ternis of this Lease on LESSEE'S part to bc kept or performed, shall lawfully and qttictly hold. occupy and ~njoy the Leased Land during the tcrrn of this Lease without hindrance or molestatio~ by LESSOR or any person claiming under LESSOR, ARTICLE 2. LEASE TERM 2.1 This Lease shall be for a terra of fifty (50) yc~s, hcrcinafter referred to as "Lease Term." Said Lease shall commcncc on *he day of the last dated signature of this Lease. Additionally, th~ agrees to offer the LESSEE the right to renew this L~.s¢ for an additional tiffin (15] year period at the the above referenced fifty (50) year Lease Term under the terms and.conditions provided herein. 2.2 If is re~o~,mizcd by LESSOR that LESSEE is providing a significant public btmcfil t,, risc community and there shall be no annual rent charged by I,ESSOR. 2.3 If LESSEE shall hold over after the expiration of the Lease Term, this L~.usc st,all catoral for six (6) months to provide ti~ne in which a new Lease Agreement can bc negotiated between L 'khSSC)R ;red LESSEE. ARTICLE 3, UTILITIES 3,1 The LESSOR warrant~ that scwcr and potable water lines are prosent at the Govenuncnt Center Complex. The LESSEE shall be granted the right to tic into those lines in order to scrvic~: tht; .h,vcnilc Justice Facility ("JJF") to bc constructed on the Leasext Laud without cost to the LESSOR. LESSI~E shall pay and discharge as they become due, promptly and befm'c dclinq,m.cy, all monthly utility ~'~:s, licm~se fees, peamits, levies, excises whether general or special, ordl,mry or extranrdinary, of cwry name, rmture or kind whatsocwr on or against LESSEE. All persons to who,. Ihc~ presents may come are put upon notice of the faro that the int,.mst o£ the LF.$SOR in the Leascu:l L~and shall be subject to liens for improvements made by the LESSEE and liens for improvements nmde by LESSI~[i arc specifically prohibited li'om attachi.g to or b;:coming a lien on the interest of the LESSOR in the I ,castxI I,nml or any pm't o f cithe. r, This notice is given pursuant to the provisions of and in compiian~e with Sct:li-u 713 Florida Statutes. LESSEE shall pay all costs and assessments, impact l~es, et octmrs, associated with installation, maJa~tcnancc and monthly r'c~s f'or all utilities in order to opcratc the .UF such as, but not limited electricity, water, air-c~nditioning and telephones and other communications facilities. JUN 2 7 2000 ~O'd 2~7:0I 00. S Jdu Ol~9--l~:~:~:xw..-I S~DIA~E~S AZI'~IDU~££Ct~ 04/07/00 FRI 10:00 FAI 941 843 5718 WllsonNHller Inc lain ~003 ARTICLE 4. [I;513 OF PRgMISE$ 4.1 L~qSEE shall have the ~ight to use {he Leascsi Land only for ~hc puqmsc.,; spccific:,liy refere~cd h~in. It is unde~d ~d a~ ~at ~e pdm~ pu~ose of LESSEE ~r the use of' thu Leased Land is the construction and operation era Juvenile Justice Facility. 4.2 The properly shall be used hy thz I.~..g.glEl~. solely a~ a locatlnn fl:~r :l .h,~,,,,ilt: Facility mid actl¥itl~s dirg~tly r~lated and incidental th,,.rctu pursuant 4u th~ provi.~iona contained in C, hal~tC,' (and subsequently ame~.de~t) of the Florida Statule. s, which services shall be provid~l by [.ESSEI'; ilself through al~ Interagency Agreement with another ~rovider. 4.3 The plans, specifications and build/ng design for the LESSEE'S facilities to be const,'uclcd on the Leased Land are subject to masonable approval by LESSOR. 4.4 LESSEE agrees to commence construction of ~e approved improvements to the l.ca.scd Land by Mar~h 1,200I. In the evenl LESSEE do~s not corth'n~nc~ cons~'uction on or before said ,]uic. the, this Lease may bc termironed by written notice of tcrmim~fion delivered Io LESSEE in which ~vcn{ acidmr pm'ty shaJ[ [lave ~y ~er obl/~ions to the o~er p~y. Upon commencement of co~ction. I.ESSEE shall diligently pu~ue said construcllon to ~mpletion by M~ch I, 4.5 LESSEE, at i~ own ~x~ a~s 1o ~o~n~t to po~bl= water and scwur lines Lcm~ L~d, as well ~ sto~ water engin~ng, p~tiiting and modifications. LESSEE wil~ as,sm,c responsibility and costs for th~ provision of ~I rom~n~g inb~t~lcturc 1o se~i~ the l.a~se I.,aml. All improvemen~ to the Le~e~ ~d shall be cons~ct~ in compli~ce ~lh all governmcneil pu~u~t to valid p~a. In additioa LESSEE shall bc ~ponsible for th~ co~ of ~airing any dam~gc LESSOR'S ro~, waist and ~er f~iliti~s or other in.tincture located within or outside tim I.,ci~scd 1,mtd resulting from construction or use by LESSEE. i~ agent, officc~ or ~mployeas. In th~ ewnt LESSEE shall ea~c to use the L~ed Land for the pu~osus d~scribed Section ~,1 show. ~d such c~ssafion of use sha~ ~oatinu~ for a pgh~ of thi~ (30) days, thi~ [.c:r~c, m the option of tM LESSOR, upon thiHy (30) days wdRen notice to the L~SSEE, s~11 be t~inatcd and shall su~nd~r ~d v~ate ~c Lc~ad Land to the LESSOR with lhi~y (30) days after ~ceipt of the nolicc such te~inafion. ARTICLE 5. ENCUMEBRANCE OF LEASEHOLD ESTATE 5.1 LESSEE shall not encumber, by mortgage or other security instrument, .r by way of assigmnent. or other,vise, LES$OR'S or LESSEE'S interest under this Lea~e and the leasehold catate hereby created ~'or any purpose wigout the consent of LESSOR, wbJch consent may be withheld i. the ahs,~h,c discretion of LESSOI~. ARTICLE 6. REPAIRS AND RESTORATION 6.1 LESSEE, throughout the tcmx of thi.~ Lease, at its own cost, and withoul any expense [..ESSOR. sicall kccp and maintain the Leased Land, including any buildings and improvements thorco,. good, sailitary and nee! order, condition and repair. Such maintenance and repair shall include, but not limited to, painting, janitorial, fixtures and appurtenanc~ (lighting, heating, plumbing, mid air eomlilimm~gL landscaping oF the Leased Land as well a~ the grounds immediately 'adjacent to the site and impmvcmcnLs cowartonJty known as the a Juremile Justice Facility on the site, Such repair may also include stmctur'aJ rcp;.r. if deemed necessary by the LESSEE. LESSEE shall also comply and abide by all F~dcr~, State.. Municipal and other Governmental Statutes, ordinances, buildings and improvements thru'cell, or a~l.y other aclivitic.~ coaditio~ls on or in the Lea.s~J Land, If the Lcaa~l Lm~d is partially damagccl by any casualty insurehie under the LESSEE'S insurance polley, if soy. or its self-lasts-anco program, LESSEE may at its option, ~po. the insurance proceeds~ repair the same in the rammer it deems n~cessary and appropriate, Provided. howuw:r. the Leased 'Lan~ including buildings and improw-mcnts thereon: (a) are tcndcr,'d wholly untunanl;d~k: hy reason of such occurrence or, (b) damage. d, in whole or in parL to the extent tlfby percent (50%) or more replacement cost tan d~te of loss thereof, in the sole judgment el'LESS!fiE, then in either such evcnl. may repair the damage, IfI.ESSEE edaooses not to repmz'thc damage, LESSOR may calleel this Lea.so. cancellation should be provided within sixty (60) days after either of the above described events occur, and thereupon this Lease shall teeninert, and LESSEE shall vacate and surrender the Leaned Land to LESSOR. 6.2 LESSEE shall not do. suffer to be done. in, on. or upon the L~e.d Lat~d or as aff¢cti.g Leased Land, any acl which may result ill damage or depreciation of value to lhe Leased Land or a~y I~i~'~ 2. EO'd 87:01 00, S AGE NOA ITEM No. JUN 2 7 2000 04/07/00 FRI 10:05 FAX 941 643 5716 Wllaonl~lller Inc lain ~004 lhcmof. LESSEE shall not commit or suffer to bc commitrod any waste or haz. ardt)us condition.~ or mdsam'c~ I,, the site. If at any tim~ 4u~ng the tcm~ of thi~ Lc~ ~y h~rdous matu~i~l~ a~ dJscovc~d lm the silo, I.t~SNI ~R will t~u whal;vor clcm~ up or ~atomcnt ~tions ~ n~, LESSEE may initiate by ~nW;lcitml agmcmc.l ~ 'pbgc one' anviro~cn~l audit on the L~scd ~d prior tu the l~l signatu~ date of this A~3mcmc,l H' environmentally b.~ous materials ;~ found to'be present on the l.~la;d L~ld, L~scc may t~;mcc[ IlliS Agmcmunt. LESSEE slyall maintain with the Division of Risk Management, D,~parlllli:~{t .1' Ins.rm~cc. an insurance policy up to the statutory limit for all claims for which sovereign immunity h;~s pursuant to Chapter 708, Florida Statute, ['or its use of the I,e,~e Land. LESSEE agrees lo procure lit,' ;,nd extended risk improvemeals by preparing and d~:liwring to the Division of Risk Muriagemcnt I)~:parlme.l Insurance Coverage, a completed Florida Fire Insurance Trust I?uad Coverage RCclUeSt l:orm immc. li~luly upon completion of any improvements or structures ~s evidenced by the issuance of a Certificate of ()c~:upancy by th~ State Fire Marshall. 6.4 In order to provide for the more chiefly development. of the site, it linty hc dcslrable, or required thai right-of-way. street, utility lincs and ea.semcms or li==nses or sirnil~ rigl~cs owr or within portions of said site. LESSOR shall. upon request of LESSI=.E. join with LESSEE in cxcctding and delivering such documents, from time to time. and throughout the term of this l,ease, as may be nece. ssary or rcqllircd by any Covermac-oral agencies. public utilitie. s, .'red companies for this purpose. 6.5 LESSEli will i'dk~ all nccessary ~fforts to oblam any zoning, subdivisi~m sdc i,I;m environ}.nental audits, or building approvals. on the site, or any part lher~af with which LESSI{I'~ may hc required to comply. [.ESSOR agrees, from time to time. to t~ssist the LESSEE in the ereatica and execuho..f such documents petitions. applications and authorizations as may hc :.ppropriat¢ or required to sublnil the site. or any part thereof, for the purpose of obtaining such approvals, If for any reason zoning, case, meals, huld development regulations or enviromu,'-ntal issues ca,use the proposed use of this site unusabh: tk~r lh¢ pt.-po.sc intended and expressly stated borgia, this Least shall be null ,'red void. 6.6 '['he LESSEE is a Shxtc agency or subdivisiot~ as defined in Section 708.28. Statutes. and agrees to be res~nslble for its o~n negligent ae~ or omissions m' to~io~ a~ta which reauh claim~ or ~i~ against the L~SSOR. P~vMed, however. nothing in this provision ig intended 1o oiler LESSEE'S immunity in to~ or othc~se im~$e liability on ~e LESSEE for which it would not otherwise by lawbc responsible. Accordingly, LESSOR ~owl~dges ~d agrees that it ~hall be responsible for its negligent <~oromisaio~ or to.ions acts. Pumu~t to 768,28(i8), Florida Statutes (1904 Supplcn~en0, L~SEE may not inclose ~c limits of iu liability in this Lca*~ with the LESSOR. Fuffi~er, the [.ESSOR and LESSEE are aw~e of no ~ecific authority vest~ in LESSEE that would petit LESSEE ~ indcmnil~ or hohl · e LESSOR h~lesa from liability. Noncth=le~. LESSEE will require i~ contractors. ~nst~ction m:magcrs. archit~. ~d engineers to be fully ~po~ible for thc~ negligent acts or omissions or ~ious acl~ which J't,sltll in claims or sui~ agatha the LESSOR, ~d tO a~ to be liable Car any damages proximately camgad by said <ts or omissions. Nothing herein is intcnd~ to sc~c ~ a wMver oCsovcmign i~lunity by m~y provider I(~ which soverei~ immunity applies. No~ing h~in shall be cons~ as consgot by a Stale agency or subdivision of the Sat~ of Florida ~ b~ ~gd by ~ird p~ies in any ma~er arising out o[' ~y ~omract. 'l'hc provider agrees that it is ml ind~cndont contractor and Rot an agcnl or ~mpioyge of thg LESSOR. 0.7 The Lcas~l Land (including land and improvcmcnt.s .thereon) will be used l~r a .luvc.ilc Justice Facility, The LESSEE may contract the operation of this facility to a private coreract.r, h,-.r<i,mllcr called the Operalot. The LESSEE or Operator shall be responsible [~r all day-to-day operations of tilt: program on the Leased Land, excupt as spccifi~aily set Forth in this Lease. The LESSEE or designated Operator shall h,' responsible for the supervision of all juveniles housed on the Loosed Land. All activities sllall I)u ct)tldllctt:d inside the secured ,IJF. No juveniles committed for placement in this facility shall leav~ the .IJF witho.{ ace.re supervision. If the LESSEE elects tt~ contract with a private Operator as provided by this Sectin.. the colliract between the Operator and the LESSEE shall ~-quiro the Opt. rotor to maintain in full force and c['£1~ct a iR~licy policies of insuran¢c providing law enforcement liability coverage and naming LESSOR as i,n insured thor~on in an amount not less than Two Million Dollars ($2.000,000.00) per incident. This policy insurance shall be in addition to said policies for tim and extenders perils coverage required by said agreement bctwcen LESSEE and Opcmtor. Said policies shall require at least a thirty (30) day notic~ of the insured i. event of ¢ancgllation for non-payment of premium. 6.8 Expenses ['or ea~h of the foregoing instgnecs, unless expressly agreed to herein. sh;,11 b home solely by the LESSEE and LESSOR shall be without expense. JUN 2 7 2000 t~0'd 6~:0I 00, fi Jdu 01z69-l~6-OS8:x~e.~ S3DIA~S 04/07YO0 FRI 10:iO F&l 941 643 5715 Wllsonlllller Inc Maln ~005 ARTICLE 7. MECHANIC'S I,IENS 7.1 LESSHE shall b,: responsible £or liens Iilcd against tile Lca~c.d Land that art: aaributahlc lu the context of the LESSEE, iL~ agents or assigns. ARTICLE 8. ASSIGNMENT AND SUBLEASE LESSE. E shall have no right to assign, convey o,' transfer LESSEE'S h{tct~t in timis I.casc and the leasehold estat~ crc. atlxi hereby. ARTICLE 9. DEFAULT AND REMEDIES AND SUBLEASE 9. ] No failure re perform any condition or covenant of this L~as¢ shall ~;atille LESSOR {o terminate this Lease unless: 1) such failure shall have continued for thirty (30) days afl~r notice ia writing requiring the performance of such coudi~iou or covenant shall have been given to .I..F_.SSEE; and 2) it' st,ciD dcf'aul/ is of such a nature that it cannot in: minedied within this time, then, unless LESSEE shall filiJ Io cure such default within said period, an additional timefram~ shall be w. asonabiy granted to the LESSEE in order it, cure tile dc£ault, provided that LESSEE sha{! commence to cure lhe default within said period and timber,lice shall diligently continue the curing of the default. ARTICLE 10. TERMHNATION AND SURRENDER 10.1 Unt~s otherwise mutually agreed by the parties. within thirty O0) days oiler the L~ase Temt. LESSEE agrees to redeliver possession of the Leased Land lu LESSOR in good co.diliu. · repair_ I.ESSI~E shall have the right at m~y time during LESSI';E'S occupancy o£ the Leased Land any equipment, buildings, signs and fixtures owned in, on or tinder the Leased Land occupied by the provided, however. at ih~ termination or this L.~tse. LESSOR shall have the option of either rcqui,'ing to demolish and remove all improvements zmu:le by LESSEE to the Leased Land upon LESSEI;'S thcreo~ or to rvquir~ LESSEE to retain said hnprovcrnents on the Leased t.and which improvc,,,c, as became the property oFthc LESSOR upon LESSEE'S vacation of the I.cascd Land. ARTICLE 11. GENERAL PROVISIONS 11.1 In compliance with. State Legi.qlatur~, Section 255_2502, Florida Stamtcs. the State Flor/da's per£otmuncc and obligations to pay under this co,~traet arc contingent upon annual appmprialitm hy Legislature. 11.2 All of the provisions of the Lea.st shall be deemed as rutming with the Leased l.;md and construed to be "conditions" as well as "covenants" as though the words specifically expre~sing or imlmrth,g covenallts and conditions were used in ~ach separate provision. 11.3 No Failure by either LESSOR. or LF...SSEE to insist upon the strict performance by the olhcr of any covenant, ag~ment, team or condition of this Lease or to exercise any right or rum~-dy conscq{~clt~ uinm a breach thereof shall constitute a waivcr oFany such breach or of snch covenant, agrtnm~unt, term or tendtiles. No waiver of any brea~h shall affect or 'alt~ this Lease. but mc~h and every covenant, tomtition, agreement and tcnn of this Lame shall continue in fidl £or,e and effect with respect to any other th~n existing or suhseq,mat br~aeh. 11.4 Time is declared to be of the essence of this Lease and o£uach provision. 11.5 Th. is Lease contains the entire agreement of the parties with respect to the mortars ta)vcrcd by this Lca.~e ;,tud 11o other agreement, statement or promise made any party, or to m~y employee, offmet m' agent of any party, which is not contained in this Lease shall be binding or valid. I 1.6 Nothing contained in this Least shall be deemed or construed by the parties or by .:l,,y third pcmm to create the. relationship o£ Irene/pal axed agent or of partnership or o£joint vcmt,rc or at' associatiot~ bctw~n LESSOR and LESSEE, and no provisions contained in this Lease, nor mW act~ ~t' p.'trtica shall be deemed to ~eat~ any relationship belweeau LESSOR and LESSEE, other than the relationship of LESSOR and LESSEE. Person or persons ~raployed or voltmte, rs of LESSEE shall have no claim agamsl LESSOR as to pcnsions, work~r's uompm'tsation, unemployment compensation, insurance. salary, wages ~ other ~mploya~ rights or privileges granted by the operation of law or by LESSOR to its officers a~{i .loyees. l JUN 2 /2000 Pg. _ / ', 04/07/00 FRI 10:14 FAX 941 643 5716 WilsonMiller Inc Maln ~006 Fh~rida. Thie Lea~c shall be governed by and [ntcrprctcd according to the laws W' dtc ,'qt.k, nl I 1.8 Articles, subsactions and other captions contained in this Lease are for mlbr,"ncc propuser; anly m~d aze in no way intended to describe, interpret, define or limit tim scope, extent or inlem ~d' thi}, I .v;l.qt. m' amy portion thereof. 'l'hc provisions, tcnns or conditions of this Lea~e shall not be construed the State of Florida or any agency thereofto be sued because of said L~asehold or otherwise. ll.10 This Lea~¢ sets forth thc cotitc understanding between the parties an shall only amended with the prior written approval of both the LESSOR and tim LESSEE. Notice to the LESSOR shall be addre. act to: B o ard o f County Comraissioncrs c/o Real Property Management Dcpaztm-nt 3301 Tamiami Trail East Administration Building Naples, Flor/de 34112 Copy to: Faciliti~ Management Department Director Notice te the_LESSEE shalt be addressed to: Department of Juvenile Justice 2737 Ccntcrvicw Drive Knight Building, Suite 304 Tallahassee, Florida 32399-31 O0 ARTICLE 12, RADON GAS 12.1 In compliance with Subsection 404.056, Florida Statutes, all parties arc hereby re;ale aware of the following: Radon is a naturally occurring radioactive gas that, when it has accunllll:~lcd Jl~ sulTlcicnt quantid¢.~ in a building. may present health risks to persons who are exposed to it over time. Lcvcl,s ~d' radon that exceed federal and state guidelines h~ve been found in builtlings in Florida. Additional i/Hi)rm;fiim) regarding radon and radon testing may bc obtained from your Counly ?uhlic Health Department. ART1CI,E 13. DE'~.LOPMENT REGIONAL IMPACT 13.1 The LESSEE and LESSOR agree that the proposed JJF is pan of the Collier C'mmty Govermncnt Center Development Regional Impact ("CCGC DRI"). The LESSEE shall pay its prup~rtmn;~Ic share of the cost of mitigating the transportation impacts of the CCGC DRI., as detcrmincd during tim l~l,:l review process and .specified in the transportation conditions cont;uned in the final DRI Development Order An estimate of the LESSEE'S proportionate s 'Wtre of the CCGC DR1. transportation impact mitig;mon costs shall be determined by the transportation consultant, David Plmnmer and Associalea, based upon the ndm ~i' the non-vested automobile trips generated by the I/F to the number of non-vested automobile trips generated by the CCGC DRI. The LESSEE and LESSOR agree that the amount of Q~c transportation impact mitigation coat to be paid by LESSEE shall be, at a minimum, the LESSEE'S total transportation impiu:t fees requlred by application of Collic-r County's transportation impact fcc ordimmee in effect at the time that a building perrail is issued m~d. no! to exceed Onc 11undrcd Sixty Thousand Dollars ($160,000.00). 13.2 The LESSEE agrees that Qze JJD fhcilJty shall be included, as 0a{ mnm,d,n,'-zU, County's application fr{r duvclopmcnt approval (ADA) for the CCGC DRI filrxt by LESSSOR in December, 1999, and to provide LESSOR and its designated consultsols with all information, plans and specifical}o,~.~ the Ikcility renqonably needext ['or the ADA amendment, and for the mvimv or the CCGC DRi conductor pursuant to Section 380.06, Florida Statutes. 13.3 LESSEE and LESSOR agree that construction of the JIF may not commence unlil facility is approved in a Fm~ Dffi development o~ iaau~ purest to S~tion 380.06, Fiends Statute, m' the altema~ve, ~e f~ility is ~orized ~ugh ~ mendmoot to fl~c Preli~n~ Development Agr~cmcnt[ (PDA) ente~ into by and betwere ~e LESSOR ~d ~e Florida D~ent ofComm~iW Amim (PC A),,,,~ JUN 2 7 2000 ~ '4 ~: nt NN C J~ ~TT~: 4 q~TA~ ~ I 04/07700 FRI 10:18 FA.I[ 941 643 5716 WilsonMiller Inc Maln ~007 August 24, 1999. Upon execution of the l.e~-qe. LE. SSOR shaft promptly file an application roquesting I)t '^ it, amend its PDA with the County to auumorize the immediate co,]simction oF tl~c Cacilily. 1£ is I.i'LSSEt< ;,m] LESSOR'S d¢sir~ and intent to obtain all ncc~ary governmental approval and permits. }ne{uding of the PDA. so that consR'uetion of the flmility may .~ol'mzlellc.~ by July 1. 2000, { 3.4 The I.ESSEE agrees to pay the LE~SSOR'S processing costs. in¢ludh,g aitorlloys' f~ ~d ~xp~na=~ ~ to thc ~lount of Thi~-~ur Thomand Doll~e ($34,000.00). rc~u{ii.g f.,,,, foflowin~ acfio~ to b~ c~ out by ~c L~SOR ~ ord~ to add /he JJF to ~c CC~ ~able i~ co~ciiun ~o ~mmuncc: (a) detaining ~ ~S~E'S proponional~ ~ or pc~c,,m~c au~mobi{~ ~ps gcnc~t~ by ~c CCGC D~; ~) ob~ining prof. s{one1 ~t~ of the amounls LESSEE'S pmpo.innaic sh~ of ~ [mnspo~iion imp~t mitlgahon c~ bm~ on bo(h cul~t Collier CounW impact f~ o~n~oe and (ii) ~ anticipai~ i~o~tion impact midRadon required by lhc CCGC DRI dcvcJopm~t o~ coaditioas; (c) ~cn~c~t of the PDA ~tween tim LESS()R ~tl DCA to ~o~ze co~]cnc~nt of cous~cdon oF the J~F; (d) am~dmc~[ of include the 3JF ~d review ~o amended ~A by the ~iR~g agencies; (c) ~e ~cnl, if r~]uircd, prodssing of p~its tbr ~ CC~, inclung ~e ~, issu~ by the Souih Florida Water M~cmcnl The LESSOR shall pr. sent monthly statements lo LESSEE showing I{~o amounts LESSOR'S paymm~ts {'or consultants' and attorneys' fe~ arid expenses. for the services specified m (c) 'above, }n the £om~ and specificity requir~:l by Slate law to onab{o LESSEE'S reimburacmc]~{ to up to Thirty-four Thousand Dollars ($34,000.00). 1N WITNESS WI"US~REOF, the parties hcrcto have set their hands and scala on the day and year :drove first written. AS TO THE LESSOR: DARED: ^TTIXST: DWIGHT E tlROCK. Clerk s t gnatu e, Ty. AS TO LESSEE: DATED: ..... WITNESS (si~tlaturo)"/ (print ~mm¢) t./ .,2 WIT~SS (signature) . ({mnl name) SlAIE OF FLORIDA CO~Y OF ~ON STATE OF FLORIDA, DEPARTMENT O,~UVENII~E JUSTICE (Print ~mc ~ fitlc) s ~~.e L~- F'~ ~-.Y~ r cyt of th~ State of Florida, D~artment ,,r jt,w.,,ilc Ju~e~ho istp~nnally k~n m m~ or sho has pmduc~ 'as idcnlificalitm who / - WITNESS my h~d ~d official s~l tiffs ~ ~ ,2000. . dayor JUN 2 7 2000 Pgo ~:2 T~.~T n~ O It~-4 04/07/00 FR1 10:21 F.&X 941 543 5718 WilsonMiller Inc Maln ~008 My Commission Expires: Approved as to form and 1,-g~ suff, ciency on behalf of LESSOR: '].'hornas C. Palmer, .A,~,~istatl/Couu~ Attorney Offtcc of the County Attorney ColLier County Govcmmcnt 3301 East Tamiami Trail, 8a Floor Naplcs, Ftorida 34112 I JUN 2 7 ZOO0 04/07/00 FRI 10:22 F~ 941 643 5716 WilsonMiller Inc Main ~009 EX~LIBI'I' Pagc I of 4 ! ,.A N D DES r.2RIPTIOI~/OF pAR C HI. "~" ALL TItAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP .50 SOUTI L RANGE 25 EAST, COLI.II:~.R COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH'vVEST CORNER OF SAID SECTION 12; THENCE ALONG THE W1R. STERLY LINE OF SAID SECTION {9, NORTH 00" lg' 50" WEST 2ld2.78 {:liE'f; TILENCE LEAVING SAID WESTERLY' LINE OF SAID SECTION 12, NORTH 89° d{' IO" EAST 654.12 FLiET TO A SO~STERI,Y CORNER OF THOSE LANDS AS DESCRIBE{ 1N OFFICIAL RECORD BOOK 994, AT PAGE 234; TIiENCE ALONG 'rl-LE SOUTIII(RI,Y LiNE OF SAID LANDS NORTH 87" 07' 17" EAST 41.92 FEET TO THE POINT BEGINND~'G OF THE PARCEl, HEREIN BEING DESCI*.IBF. D; THENCI~ CONTIN'LYE AI,ONG SAID SOUT~IERI,Y LINE OF SAID LANDS NORTI{ 87°07'17" EAST 132.16 trrF. ET; THENCE LEAVING SAID SOUTHERLY LINE OF LANDS NORTH 4Z° 11' $1" EAST 182.69 FEET; THENCE NORT~I 89" 41' 10" EAST 252.03 FEET TO THE 13EGINNING OF A CIRCULAR CURVE CONCAVE NOR. THWESTER£Y AND HAVING A RADIUS OF 13.o0 FEET; TI-IENCE EASTt~RLY, NORTHEA,qTI,;R{.Y, NORTIIERLY AND NORTI-iWESTERLY ALONG TIIE ARC OY SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 12.3' 57' 05" AN ARC DISTANCE OF 28.I2 FEET '}'(.) A POINT OF TANGENCY; TIIENCE NORTH 340° 15' 55" WEST 59.23 FH, ET TO Tllli BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTIIWESTERLY AND HAVING A RADIUS OF 117.00 FEET; THENCE NORTI-IWESTERL¥ AND WESTERLY ALONG Till! ARC OF SAID C]]{CULAR CURVE THROUGH A CENTRAL ANGLE OF 56° (}3' 00" AN ARC DISTANCE OF { 14.46 FEET TO A POINT OF TANGENT; THENCE SOUTH 89° 41' WEST 288.26 FEET TO T1-LE BEGINNTN'G OF A CIRCULAR CURVE CONCAVE SOUTIIEASTERI.,Y A~ND HAVING A RADIUS OF I03.00 FEET; THENCE WESTERI.Y, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR. CURVE THROUGH A CEN'TR.A.L ANGLE OF 01° 07' IS" AN ARC DISTANCE OF 163.81 FEET TO A POINT Of TANGENCY; T1LENCE SOUTH 01= 26' 10" EAST 1.56.64 lqiiET TO TIlE POINT OF BEGINNTNG OF TIdE PARCEL lIEREIN DtSSCK/BED; CONTAINING 1.92 ACRES OF LAND MORE OR LESS; SUBYECT TO EASEMENTS AND RESTRICTIONS OF RECORD. O0, S ~ad 0~9-I~8-0S8:x-e3 S~DIA~ JUN 2 2000 04/07/00 FRI 10:24 FAX 941 643 5716 WilsonMiller Inc Main ~010 EXHIBIT Page 2 o£ 4 LAChrD DESC_~llIP77ON OF PARCEL "U" ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANG{! 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICUI.,A. RLY DESCRIBED AS FOLI,OWS: COMMENCING AT TIlE SOUTIIWEST COILNF_R OF SAID SECTION' 12; TItF_2qCE AI.ONG TIlE WESTERLY LINE OF SAID SECTION 12, NORTI-I 00° 18' 50" WEST 2162.78 FEET; TI-tE'NCE I.t;AVIN(; SAID WESTERLY LINE OF SAID SECTION 12, NORTH $~9' 41' 10" EAST 654.12 FEET '['(} A SOUTHWESTERLY CORNER OF THOSE LANDS AS DI2SCRIBED IN OFFICIAL KECORD BOOK 904, AT PAGE 234; THENCE ALONG THE WESTERLY LINE OF SAID I,ANDS NORTH 00° 18' 50" WEST 231.23 FEET TO THE POINT OF BEGINNING OF TI~I~ PARCEL HEREIN rqEING DESCRIBED: THENCE CONTINU~ ALONG SAID WESTERLY LINE NORTH O0° 18' 50" WEST 112.23 FEET; TIIENCE ALONG THE NOR'I'HEI~I,Y LINE OF SAID LANDS NORTH 89° 4 I' i 0" EAST 491.9(I FEI'.!T: THENCE LEAVING SAID NORTHERLY I,INE OF SAID LANDS SOUTH 00° 18' 50" EAST 51,57 I:EI!T ~1'() AN INTEI~SECTION WITH TIIE ARC OF A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHERLY AND W~IOSE RADIUS POINT BEARS SOUTH 22° WESTERLY ALONG TI-IE ARC OF SAID CIRCULAR C~VE TrrtROUGII. A CENTRAL ANGt,E OF 23° 2' 59" AN ARC DISTANCE OF 03.56 FEET TO A POrNT OF TANGI~NC¥; THENCE SOU'I'll 89" 41' 06" WES3' 301.57 FEET TO THE BEGINNING O1: A CIRCULAR CURVE CONCAVE $OLITIIEAS'I'[~RI,Y AND HAVING A RADIUS OF 130.95 FEET; THENCE WFSTERLY, SOLrTFIWESTERLY AND SOU'I'HEI,H.Y ALONG TIlE ARC OF SAID CIRCUI,AR CURVE TItRO[JGH A CENTRAi. AN¢jl 49' 23" AN ARC DISTANCE OF 150.44 FEET TO AN rNTERSECTION WITH A RADIAL LINE; Tlll'.'N('l'. LEAVING THE ARC OF SAID CIRCULAR CURVE ALONG SAID RADIAL LINE NORTH' 66" 8' I 7" WIL,qT 9.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINrNG 0.52 ACRES OF LAND MORE OR LESS; SUB.TECT TO EASEMENTS AN1) RESTR ICTI( )NS OF RECORD. ~NOA ITEM JUN 2 7 2000 04/07/00 FRI 10:27 F/LI 941 643 5716 Wllsonlllller Inc ~aln ~011 Page ~TERLr LZ~ o~ Or aSPHA~, ~IJ$I4E. R $T,41,~ED Co;: NT M. C JdM A~NOA ITEM !~o. JUN 2 7 2OO0 pg. /~) 04/0~/00 FRI 10:29 FA/ 941 843 5716 WilsonMiller Inc Main ~012 ~XHIBIT "A~ P~ge 4 of 4 No. JUN 2 ? 2000 9417933795 COL/_IER COUNTY BCC PAC~ 81/81 EXHIBIT 2 CONTRACT AMENDMENT 98-2856 "Consultant Services for Development of Regional Impact (DRI) Process" This amendment dated ,2000 to the referenced agreement shall be by and between the parties to the original agreement. Wilson, Miller, Barton & Peek, Inc. (to be referred to as "Contractor") and Collier County, Florida, ( to be referred to as Owner"). Statement of Understanding RE: Contract # 98-2856 "Consultant Services for Development of Regional Impact (DILl') Process". In order to continue the services provided for in the original Contract document referenced above and to include the Juvenile Justice Detention Center in the DRI process, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "IA" Scope of Services and Exhibit "lB" Fee Schedule attached to this Amendment and incorporamd herein by reference. The Contractor agrees that this amends the original Contract and that the Contractor agrees to incorporate the services for Juvenile Justice Detention Center in Contract # 98-2856 "Consultant Services for Development of Regional Impact (DRI) Process for an additional sum of thirty four thousand dollars ($34,000.00) as per Exhibit "lB" Fee Schedule. All other terms and conditions of the agreement shall remain in force. IN WITNESS WREREOF, THE Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corpora(e S~cretar~ ./Witness Dated: ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency ~ ~]~s ~sl~nq ~n~t t orney BOARD OF COUNTY COMMISSIONFA~ CO! .!.I~R COUNTY, FLORIDA By: Timothy J. Constantine, Ch~h [LE No. 688 06x09 '00 10:57 ID:WILSE]q MI~Jl=t2 941 9~9 ?4?9 ~ 2 SUPPLEMENTAL AUTHORIZATION ADD JUVENILE JUSTICE DETENTION CENTER TO DRI EXHIBIT l-A: 8COPE OF SERVICES DRI Amendment and Coordination 1,1, WilsonMiller, Inc. will aftend the meetings end prepare documents necessary to assist the Client in coordination with DJJ and to help adjust the DJJ schedule to the Client's DRI and permitting schedule. 1,2. Review and coordinate information submitted by DJJ to support the Preliminary Development Agreement (PDA), modifications to the Application for Development Approval and (ADA) Environmental Resource Permit. 1.3. 1.4. 1.5, 1.6, 1,7. WilsonMiller, Inc. will prepare an application to amend the existing to include the Juvenile Justice Detention Center, using data supplied by the Department of Juvenile Justice (DJJ). WilsonMiller, Inc. will review with the Client and DJJ, finalizing and submit. WilsonMiller, Inc. will respond to questions and discuss with Department of Community Affairs (DCA) reviewers to assist Client in obtaining the amendment. During the first sufficiency round WilsonMiller, Inc. will modify the Govemment Center development parameters to include the Juvenile Justice Detention Center. WilsonMiller, Inc, will calculate the proportionate share of any DRI Development condition mitigation costs attributable to the De~ntion Center. No modification or additional coordination with the South Fiodda Water Management District (SFWMD) is necessary since the SFWMD issued a General Permit to the State for the Juvenile Detention Center. WIl~onMIIter will assist the State's engineer with respect to any questions in subsequent ADA requests for additional information. The State's engineer shall be responsible for addressing any specific responses concerning the planned Juvenile Detention Center. ~' ^~i' ~SE.4_~ JUN 2 7 2000 FILE No. 688 06,,'09 '00 10:57 ID:WIL.S~ IqILLER 941 939 7479 PAGE 3 SUPPLEMENTAL AUTHORIZATION ADD JUVENILE JUSTICE DETENTION CENTER TO DR! EXHIBIT l-B: FEE SCHEDULE 1. DRI Amendment and CoordinationT/M/E $34,000 (eld) EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 3, DOMESTIC ANIMAL SERVICES SHELTER, PROFESSIONAL SERVICES AGREEMENT, RFP # 97-2754. OBJECTIVE: Approve amendment No. 3 to RFP # 97-2754 providing continuing services for the Domestic Animal Services Shelter. CONSIDERATIONS: This amendment is for the Bacon Group Inc. (project architectural firm) to provide continuing services for the Domestic Animal Services Shelter. Specifically, the amendment covers the work necessary to maintain and monitor the preserve on the shelter property per the requirements of the South Florida Water Management District and the Army Corp of Engineers. This is for a one-year period. FISCAL IMPACT: The fee for the first year of monitoring and preparing reports for the SFWMD and the COE is $9,500.00. Funds are available in the project budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board approve Amendment No. 3 to RFP #97-2754 as outlined above and authorize the Chairman to sign the Amendment after review and approval by the County Attorney's Office. PREPARED BY: J,/,~,?~' ~"' ~: ..4a~ Crognale, /~)Oepartment of ''' ~VIEWED BY:. -..~ ~-~/~ SMp Crop, C~, Director Department of Facilities Management DATE: APPROVED BY: ~/[7;'/' DATE: Jo-Anne Varcoe-Leamer, Administrator Support Services Division DOMESTIC ANIMAL SERVICES SHELTER AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT This Amendment #3 to the Agreement dated May 26, 1998 (hereinafter "AGREEMENT") is made and entered into this day of ,2000, by and between the Board of County Commissioners for Collier County, Florida a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Bacon Group Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 126 Third Avenue North, Suite 102, Safety Harbor, Florida 34695 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWneR and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the DOMESTIC ANIMAL SERVICES SHELTER (hereinafter referred to as "PROJECT"), said services more fully described in said AGREe; and WHEREAS, OWNER and CONSULTANT agree some modification to the services being contemplated under said AGRF, FMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will bc required for the completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: no..i(~ ED JUN 2 7 2000 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees for Basic Services (B attachment A) and Consultant's Estimate of Additional Services (B attachment C), as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGRF, FMENT which are attached hereto and made a part hereof. A~NDA ITEM no. /(~,~ ~ JUN 2 7 2000 ARTICLE TI-IR RR 3.1 The AGREEMENT, as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the DOMESTIC ANIMAL SERVICES SHELTER the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR CO! JJER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk Date: By: Timothy J. Constantine, Chairman Approved as to form and legal sufficiency~ ~ _ Assistant Count) Attorney /Witness ' ' &"" d Witness Bacon Group Inc. 126 Third Avenue North Suite 102 Safety Harbor,~I~l;_34695 By: ~c~ S. B~con, ~, ~es~dent (cQm o , TE JUN 2 7 2000 Pg. ~/ '_.. J Attachment "A" AMEND~NT TO TItE sERvicES GENERAL This document shall am'end the DOMESTIC ANIMAL SERvicES SI:I'ELTER, PROFESSIONAL SERVICES AGREEMENT, RFP #97-2754 dated May 26, 1998 and Purchase Order No. 803766. SCOPE: The contract for architectural and engineering services is amended due to the value engineering of the construction project scope and development costs. The original project scope as described in paragraph A. 1.1. of the above agreement states the need for structures of approximately 15,000 square feet and the OWNER'S budget $1,300,000.00 including construction cost and all consultant fees as stated in paragraph A.2.3.1. The amendment is to provide continuing services for the Domestic Animal Services Shelter. Specifically, the amendment covers the work necessary to maintain and monitor the preserve on the shelter per the requirements of the SFWMD and COE permit for the first year only. ADDITION ARCHITECTURAL AND ENGINEERING COMPENSATION: Due to the above change in engineering services, this amendment to the above agreement is for the additional engineering fees. The additional fees as described below and in the revised Schedule B - Attachment & Schedule Fees for Basic Services and Schedule B - Attachment C, (Consultant's Estimate of Additional Services), Basis of Compensation. Original Design Fee Amendment No. 1 First Amended Compensation Amendment No. 2 Second Amended Compensation Amendment No. 3 Current Design Compensation $158,445.00 74,095.00 $232,540.00 22,000.00 $254,540.00 9,500.00 $264,040.00 End of Amendment No. 3 Collier Cotmt~ Domc~Xic Animal Shelter JUN272000 I Collier County New Domestic Animal Shelter Schedule B - Attachment A Schedule Fees for Basic Services ~o. ' Name Bacon" Alliance Tilden Hole Siebein Geotech Subtotals~ Group, Inc. Design Lobnitz Montes & Assoc. Group cooper Assoc. A2 Design Report 5,479 850 2,800 8,950 7,495 25,574 A3 Preliminary Design 25,245 3',40010,800 7,644 5,500 3,500 56,089 A4 Final Design 44,897 7~785 17,000 28,200 7,200 105,082 A5 Const Bid Service 9,518 7,800 8,500 2,900 110 28,828 A6 Const Admin 7,300 2,500 .... 2,8003,800 ~'~? 16,622 ~,7 Const Obervation ~11,135 3,800 3,660 131000 250 31,845 IT°TALs: I 103,574I ZS,l~I ~,5601 ~4,4~4I 20,777I 3,500 11264,040 .j I JUN 2 7 2000 ! Pg' Collier County New Domestic Animal Shelter Schedule B - Attachment C Consultant's Estimate of Additional Services No. Description Total 1 Additional Construction Observations (/day)See ~ through 2. Architectural Rendering 2,750.00 31 4' Permitting fo Incinerator 4,000.00 5 Bacon Group Field Observation/Day/Person685/day/person 6 Alliance Field Observation/Day/Person250/day/person 7 TLC Field Observation/Day/Person 320/person/day 8 HM&A Field Observation/Day/Person 200/day/person 9 ~Siebein Field Observation/Day/Person1,200/day/person 10' Field Testing Durin~l Construction 2,600.00 Basis of Compensation qo. Description Amount From Lump Optional Monthly Monthly Schedule B Sum Monthly Payment [B2.2] Attachment A Payment Payment % [B.1.1] [B.1..2] [B.1.3] Complete =A2.I Design Report $25,574.00 Yes No No No 'A3 Preliminary Design $56,089.00 Yes Yes No No A4 Final Design $105,082.00 Yes Yes No No. A5 Construction Bid Services $28,828.00 Yes No No No A6 Construction Contract Administration $16,622.00 Yes Yes No No A7 Detailed Construction Observation $31,845.00 No No Yes No Additional Services Attachment B or CNo No No Yes JUN 2 ? 2000 EXECUTIVE SUMMARY RECOMMENDATION TO HAVE THE BOARD OF COUNTY COMMISSIONERS ASSIGNMENT OF LEASE FOR BID NO. 99-3018, BRUSH PATROL VEHICLE. APPROVE OBJECTIVE: To have the Board of County Commissioners approve the assignment of a lease to First state Bank of Livingston. CONSIDERATION: On March 14, 2000 the Board of County Commissioners awarded Bid No. 99- 3018 to Elite Fire & Safety Equipment, to be leased through Public Capital Corporation. On May 19, 2000, Public Capital Corporation has requested assignment of the lease to First State Bank of Livingston. Pursuant to the Lease Agreement Board of County Commissioner approval is required to execute assignment. FISCAL IMPACT: None ,,_.GROWTH MANAGEMENT IMPACT,.: None RECOMMENDATION: That the Board of County Commissioners approve assignment of Lease for Bid No. 99-3018, Brush Patrol Vehicle to First State Bank of Livingston, and authorize Chairman to sign Assignment after County Attorney approval. SUBMITTED BY: , ~\~,/~ ~, '%~L"'~ .'~., i.._ ~,,._L,.~.,~,'~ Rhonda L. Tibbetts, Purchasing Agent I Purchasing Department Date: REVIEWED BY: Stephen'Y. Carr~ell, Director Purchasing/General Services Date: APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: .o../~ ..5 JUN 2 7 2000 PUBLIC CAPITAL CORPOl~ATION A D V I S 0 R el AND FINANCIERS May 19, 2000 Board of Commisioners of Collier County 3301 East Tamiami Trail Naples, Florida 34I 12 RE: Lease-Purchase Agreement dated as of February 3, 2000, by and between Board of Commisioners of Collier County and Public Capital Corporation (the "Agreement"). Gentlemen and Ladies: Please be advised that Public Capital Corporation, has assigned all its right, title and interest in the "Agreement", and in the equipment leased theretinder, and the right to receive payments thereunder to First State Bank of Livingston. Payment #1 through #7 due under the "Agreement" should be made to First State Bank of Livingston at the following address: First State Bank of Livingston 112 West Polk Livingston, TX 77351 Please acknowledge your acceptance of the assignment and your agreement to make the payments due under the "Agreement" by the signature of a duly authorized officer in the space provided. Please return two (2) of these Notifications to Public Capital Corporation, in the enclosed pre-addressed envelope. In order to comply with the terms of the Agreement, please notify your insurance company of the above listed loss payee. If you should ever need assistance with the handling of this lease, please call me directly. It has been our pleasure to work with you and we hope that we may be of service to you again in the future. President ACKNOWLEDGED AND ACCEPTED: Board of Commisioners of Collier County Timothy J. Constantine, Chairman ,2000 ADMINISTRATIVE OFFICE CORPORATE OFFICE ABBOTT AVENUE * P.O. Box 82 ! 209 ORANGE STREET STE. 123 WOODS¥~U_E. NH 03785 ~/ItMINGTON. DE ] 9801 PHONE (800) 92~62 ] ] FAX: (800} 998-~ 550 ~MA~L: WES@PUBLIC-CAPITAL COM EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF A BUDGET AMENDMENT RECOGNIZING INCREASED EXPENSES AND REVENUE IN FUND 188. OBJECTIVE: Request Board approval of a budget amendment recognizing increased expenses and revenues in Fund 188. CONSIDERATION: Maintenance and operational expenses for the 800 MHz system are budgeted in Fund 188, the traffic ticket allocation. County departments and a limited number of outside agencies utilizing the radio system reimburse Fund 188 for maintenance costs and expendable supplies associated with their specific inventory of radios. Since the beginning of the fiscal year additional radios have been placed on the maintenance contract and departments have been replacing their battery inventory. As a result, there has been an increase in expenditures in Fund 188. These expenditures are off set by interdepartmental reimbursements. FISCAL IMPACT: The Budget Amendment will increase expenditures in Fund 188 by $20,000. This increase in expenditures is offset by an increase in interdepartmental reimbursements to Fund 188. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves the Budget Amendment recognizing additional expenses and revenue in Fund 188. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: John Daly, Radio Communications Manager ~..~/J~_.~~~_______x~ / - Date: - ~ifiiam Coakley, Info '-~on Technology Director Jo-Anne Varcoe-Leamer, Support Services Administrator JUN 2 7 2000 I EXECUTIVE SUMMARY AUTHORIZE CONSOLIDATED MEDIA SYSTEMS, INC. AS VENDOR FOR PURCHASE OF CAMERA EQUIPMENT FOR THE BOARD OB,~ECTIVE: That the Board of County Commissioners approve as vendor Consolidated Media Systems, Tampa, Florida for purchase of camera equipment for the Board Room. CONSIDERATION: In 1998, Consolidated Media Systems, Inc. designed and installed the television equipment for the Board Room. At that time, the complete equipment configuration was installed with the exception of a specific camera. Staff recently obtained budget authority to purchase the final camera and thus complete the configuration. In order to maintain continuity and to adhere to the present system configuration both in the Board Room and the Control Center, the same vendor must be used. Hence, staff recommends waiver of the bid process and purchase of this item on a sole-source basis. FISCAL IMPACT: Funds have been appropriated for this purpose in the amount of $25,600. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board waive the formal competitive bid process and authorize Consolidated Media Systems, Inc. to design and install camera equipment for the Board Room television equipment system. SUBMITTED BY: ,t~la n l~errit Public Information Center No.-.~__.~Z JUN 2 7 2000 Pg. ~/. =:_ ___:......_ REVIEWED BY: APPROVED BY: Steve Camell Purchasing Director Jo-Anne Varcoe-Leamer Support Services Administrator Date: Date: AG£NO& I .o. /(,:~: T_ JUN 2 7 2000 EXECUTIVE SUMMARY RECOMMENDATION TO AMEND COUNTY PURCHASING POLICY OBJECTIVE: To increase the prompt and efficient processing of purchases of $25,000 or less by making contract signature authority consistent with purchase order authority. CONSIDERATION: Under the County's current purchasing policy, the Purchasing Department is responsible for final authorization of all purchases between $500-$25,000 processed via a purchase order. However, no staff member possess authority to execute formal two-party agreements that may be required or appropriate for a given transaction. With increasing workload demands and the Board meeting less frequently, the current practice of obtaining Board approval for all such agreements often results in unnecessary delays and additional work. Accordingly, staff is recommending that the current purchasing resolution be amended by resolution (enclosed) to authorize the Purchasing/General Services Director, or their designee to execute agreements of $25,000 on behalf of the Board agency. As with all other agreements, each contract would be reviewed by the Office of the County Attorney prior to final execution. FISCAL IMPACT: N/A. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve the enclosed resolution amending section XIV.F of the current purchasing policy to enable the Purchasing/General Services Director to authorize formal contracts on behalf of the Board agency, subject to review and approval for legal sufficiency by the County Attorney. SUBMITTED BY: ~ :~ M?rS.4~, 'It/ Date: Steve Carnell, Purchasing/General Services Director REVIEWED BY: Date: Jo-Anne Varcoe-Leamer Support Services Administrator gUN 2 7 2U,JJ 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. 2000- A RESOLUTION TO AMEND SECTION XIV.F OF THE PURCHASING POLICY TO PERMIT THE PURCHASING/GENERAL SERVICES DIRECTOR, OR HIS DESIGNEE, TO AUTHORIZE FORMAL CONTRACTS OF $25,000 OR LESS WHEREAS, Section XIV.F of the Purchasing Policy, as amended, would read as follows: F.C0ntract Approval. All formal, bilateral contracts for commodities and services in excess of the formal, competitive threshold shall be authorized by the Board of County Commissioners. Such agreements for purchases less than or equal to the formal, competitive threshold may be approved by the Purchasing/General Services Director, or his designee, subject to the review and approval for legal sufficiency by the Office of the County Attorney. THIS RESOLUTION adopted this day of motion, second and majority vote favoring adoption. ,2000 after DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to Form and Legal Sufficiency: MefiSsa Vasquez Assistant County Attorney TIMOTHY J. CONSTANTINE, Chairman JUN2? 200U I EXECUTIVE SUMMARY APPROVE A BUDGET MAINTENANCE SERVICE OPERATING EXPENSES. AMENDMENT TO REVENUES FOR APPROPRIATE THE REIMBURSEMENT OF OBJECTIVE: To have the Board approve the attached budget amendment appropriating those revenues received for reimbursement of operating expenses incurred for building maintenance and janitorial items known as special services. CONSIDERATION: The Department of Facilities Management is called upon to provide services that are not exclusively for repair and maintenance. This work is titled special service and expenses are passed through to the user departments. Revenues are received from various "consumer" departments as payment for materials used and services performed. When actual request for services exceed those anticipated at the time of budget preparation, additional budget authorization is needed to recognize revenue for payment of incurred expenses. These funds are already budgeted in the user departments and are merely being transferred to the Building Maintenance and Janitorial cost centers. FISCAL IMPACT: Revenues of $36,000 are being appropriated from reimbursement for Building Maintenance and Janitorial Services to Building Maintenance and Janitorial Operational Expenses. Revenues are budgeted in the appropriate user departments. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget alnendments as addressed within this summary. SUBMITTED BY: ,-,. -- ? ..- , .. ~ ' Dani&l R. Rodriguez, Facilities M~.nager Department of Facilities Management REVIEWED BY: '--~ ~'//~' .fiT,?/;'// Skip Camp, CFM, Director Department of Facilities Management Date: Date: Jo-Anne Varcoe - Learner, Administrator Support Services Division EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 00-3044, CONCRETE/PAVEMENT CONTRACTOR. OBJECTIVE' To award a Contract for concrete/pavement contractors to be used by the Facilities Management Department. All County departments may utilize this bid. CONSIDERATION: On May 4, 2000 formal bid invitations were posted in the lobby of the General Services Building and distributed to 71 firms who provide these services. On May 31, 2000, bids were received and opened from two (2) firms. A tabulation sheet is attached to this summary. Staff has reviewed the bids and recommends award to BQ Concrete and Neubert Construction Service. FISCAL IMPACT: Concrete repair and maintenance expenses average $25,000 annually. Funds are budgeted in various operating and capital cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 00-3044 for Concrete/Pavement Contractors to BQ Conch:ere and Neubert Construction Service. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Daniel R. Rodriguez, Facili[i. es Manager Facilities Management Department Skip Camp, CFM, Director Facilities Management Department Stephen Y. Camell, Director Purchasing/General Services Jo-Anne Varcoe-Learner, Administrator Support Services Division Date: Date: Date: JUN 2 7 2000 , EXECUTIVE SUMMARY TO APPROVE THE TRANSFER OF CAPITAL FUNDS BUILDING (F) RENOVATIONS FOR ADMINISTRATION OBJECTIVE: To gain Board approval for the transfer of capital funds for the limited renovations for the Administration Building CONSIDERATIONS: The auditorium seating in the Boardroom is failing due in part to a poor design. Although the manufacturer of the seats has gone out of business, and the chairs are out of warranty, the dealer who sold the chairs to the County has agreed to replace them at no charge. Removing the old chairs will leave holes in the carpet where the lag bolts were. The new chairs will not cover the holes and in fact are different sizes. Staff is recommending that limited renovations be completed at this time that will address the carpet, replacement chairs on the dais and for staff, and other renovations on both the second and third floors. The total cost of the proposed renovations is $89,000. Staff is requesting authorization to utilize State Contract / Snaps II pricing for this project (not to exceed the cost center). FISCAL IMPACT: The cost of the above renovations is approximately $89,000. Funds for this project would be transferred from the Building J Addition project (currently under budget) to a dedicated budget for this project. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize staff to utilize State Contract / Snaps II pricing and approve a budget amendment as outlined within this summary for limited renovations to the Administration Building. Additionally, staff is requesting authorization to approve change orders within these projects not to exceed the project and / cost center. Prepared By: j,/'~' ~'i~/L/' /~' r"'- Date: Daniel R. Rodriguez, Facilities Manager The Department of Facilities Management Approved By: -Y~ /' ~" Date: Jo-Anne Varcoe-Leamer, Administrator Support Services Division EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 98-2827, LOCKSMITH SERVICES. OBJECTIVE: To award a contract for locksmith services that will be utilized by the Facilities Management Department and various County departments. CONSIDERATION: On June 8, 1998 formal bid invitations were posted in the lobby of the General Services Building and distributed to 14 firms that provide these services. On July 1, 1998 bids were received and opened from four (4) finns. A tabulation sheet is attached to this summary. Staff reviewed the bids received and recommends Quick key as Primary and A-Locksmith as Secondary. At the time of award, it was anticipated that services would not exceed $25,000, so the bid was awarded administratively by the Purchasing Director. Facilities Management has been informed by the Finance Department that services will exceed the $25,000 limit and therefore this bid requires Board approval. The current bid expires September 13, 2000, but the contract contains a renewal clause which Facilities Management wishes to exercise. FISCAL IMPACT: Locksmith repair and maintenance expenses average $26,000 annually. Funds are budgeted in various operating cost centers. GROWTH MANAGEMENT IMPACT: Plan. There is no impact on the Growth Management RECOMMENDATION: That the Board of County Commissioners award Bid No. 98-2827 for Locksmith Services to Quick Key as Primary and A-Locksmith as Secondary. SUBMITTED BY: REVIEWED BY: Daniel R Rodriguez, Fa~se~Management Facilities Management'Department Skip Camp, CFM, Director Facilities Management Department Date: ,JUN 2 ? 2000 I E>~ecutive Summary Cont. On-Call Locksmith Page 2 of 2 REVIEWED BY: APPROVED BY: Stephen Y. Camell, Director Purchasing/General Services Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: Date: ~o. !~c.: JUN 2 7 2000 .;-; u EXECUTIVE SUMMARY Approval of a Faithful Performance Bond for David E. Brandt in his Capacity as County Commissioner. .OBJECTIVE: To seek the Board's approval of a Faithful Performance Bond for the newly appointed Commissioner for District 1, David E. Brandt. CONSIDERATIONS: Governor Bush has approved the appointment of David E. Brantit as the new County Commissioner for District 1. The Florida Department of State has requested that a bond in the amount of $5,000 be posted and approved by the Board of Commissioners and forwarded to the Department of State. In accordance with that request, the Risk Management Department has sought the purchase of this bond through its broker, Insurance and Risk Management Services. Hartford Insurance Company will underwrite the bond. ~aff is requesting the approval of the bond and its purchase. FISCAL IMPACT: Funds are budgeted within the Property and Casualty Insurance Fund for the purchase of faithful performance bonds. The cost of the bond is $100. GROWTH MANAGEMENT IMPACT: None. ..RECOMMENDATION: It is recommended that the Board approve the purchase of a bond for David E. Brandt, District 1 County Commissioner pursuant to the requirements of the Florida Department of State. CPCU, ARM, Director, Risk Management BY: Date: So-Anne Vattoe-Learner, Support Services Administrator AGENDA IT..EM No. /~' '~"~-~/~ 2 7 Pg. [ APPROVAL OF BUDGET AMENDMENTS BCC Agenda of June 27, 2000 Wastewater Capital (Fund 414) Budget Amendment #00-300 Project #74125-Supplemental Irrigation Water Project Title Engineering Fees Project #74037-City/County Interconnect @ Bears Paw Engineering Fees $49,900 (49,9O0) Total: -0- Explanation: Funds are needed for the Supplemental Irrigation Water Project to develop supplemental sources of irrigation water, per BCC direction. Gas Tax Reserves (Fund 313) Budget Amendment #00-303 Capital Improvements-General $4,360 Reserves Reserve for Capital Outlay (4,360) Total: -0- Explanation: Funds are needed to pay for additional fill material and finalize the Oil Well & Immokalee Road intersection improvement project. Pelican Bay MSTUBU (Fund 109) Budget Amendment #00-295 Operating Expenses Other Contractual Services $45,000 Regular Salaries (45,000) Total: -0- Explanation: Funds are needed for temporary laborers being used to cover vacant positions. AGENDA ITEM JUI 27 2000 Pg-__ L J MSTD Road District 3 (Fund 104) Budget Amendment #00-329 Operating Expenses Engineering Fee Designs $2,033 Reserves for Contingencies (2,033) Total: -0- Explanation: Funds are needed for work that was completed by McGee & Associates for xvork related to the East US41/SR90 - Tamiami Trail Phase B Landscape Architectural Consulting County Manager- Other General Admin. (Fund 001) Budget Amendment #00-351 Operating Expenses Other Contractual Services $5,800 Reserves for Contingencies (5,800) Total: -0- Explanation: Funds are needed to pay an invoice for the Annual Citizen Survey for FY 99 as the vendor did not submit an invoice last year. AGENDA ITEM No.__L(o J U N 2 7 Pg. EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT ADJUSTING THE COUNTYWIDE CAPITAL FUND BUDGET FOR THE CAPITAL PROJECT CARRYFORWARD OBJECTIVE: To adjust the Countywide Capital Project Fund (301) budget to reflect actual expenditures and carryforward from FY 99. CONSIDERATIONS: When the FY 00 budget was approved by the Board of County Commissioners on September 22, 1999, staff had forecast loan proceeds for the Sheriff's new building to be $510,000 of the budgeted $6.5 million in FY 99. The remaining $5,990,000 was budgeted as loan proceeds in FY 00. The amount actually borrowed in FY 99 was only $150,000. Therefore the FY 00 budget requires a budget amendment to budget the remaining $360,000 of loan proceeds. The budget amendment will reduce carryforward in Fund 301 by $360,000 and increase loan proceeds by the same amount, resulting in a zero net effect on the total of the fund. There were also seven (7) projects in which actual expenditures for FY 99 exceeded the amounts that were forecast. The result is that less funding is required for these projects in FY 00. A budget amendment is required to decrease carryforward by $405,400 and also reduce expenditures in the seven projects by a total of $405,400. FISCAL IMPACT: The budget amendment described above will decrease carryforward by $765,400, increase loan proceeds by $360,000, and decrease capital expenditures by $405,400. The net effect of the budget amendment will be to decrease the fund total by $405,400 and to adjust the project budgets to the total amounts that were approved by the Board. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment as described above. Gary Viacent, Senior Budget Analyst, Office of Management & Budget APPROVED BY: ~4'~~ ~/--'----~~. __ DATE: Michael Smykowski, Director, Office of Management & Butget AGENDA ITEM No. /,~ (,--..- JUN 2 7 2000 Pg.. / BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 27, 2000 FOR BOARD ACTION: 1. 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. May 24 - 30, 2000 B. May 31 - June 6, 2000 C. June 7 - 13,2000 3. Districts: A. Nothing Submitted 4. Minutes: Naples Heritage Community Development District - Minutes of March 16, 2000 meeting Bayshore Beautification Advisory Committee - Agenda for June 7, 2000 meeting and minutes of May 3, 2000 meeting The Beach Renourishment/Maintenance Committee - Agenda for June 1, 2000 meeting Do Collier County Planning Commission - Agenda for June 1, 2000 meeting and minutes of April 20, 2000, May 3, 2000 and May 4, 2000 meetings Golden Gate Beautification Advisory Committee - Agenda for June 13, 2000 meeting and minutes of May 9, 2000 meeting Historic & Archaeological Preservation Board - Minutes of May 19, 2000 meeting Go H:Data/Format Lake Trafford Task Force Members - Agenda for June 28, 2000 meeting and minutes of May 26, 2000 meeting AGENDA ITEM No. JUN 2 7 2000 mo ro Pelican Bay MSTBU Advisory Committee - Agenda for June 7, 2000 meeting and minutes of May 23, 2000 meeting Library Advisory Board - Minutes of April 26, 2000 meeting Rural Fringe Area Assessment Oversight Committee - Agenda for May 31, 2000 meeting and minutes of May 17, 2000 meeting County Government Productivity Committee - Minutes of May 17, 2000 meeting Collier County Health Care Review Committee -Notice of July 26 meeting and minutes of May 17, 2000 meeting Lely golf Estates Beautification Advisory Committee - Agenda for June 9, 2000 and minutes of May 12, 2000 meeting Rural Lands Area Assessment Oversight Committee - Notice of June 19, 2000 meeting, Agenda for June 19, 2000 and minutes of May 15, 2000 meeting H:DataJFormat AGENQA I T ~-M'~ No. /~, ...7- ~ JUN 2 7 2000 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE SHERIFF'S OFFICE UNITED STATES DEPARTMENT OF JUSTICE COPS MORE 2000 GRANT APPLICATION AND INCREASE THE SHERIFF'S OFFICE FISCAL YEAR 2000/01 BUDGET FOR NINE CIVILIAN POSITIONS. OBJECTIVE: TO seek Board approval of the Sheriff's Office grant application for the United States Department of Justice COPS MORE 2000 program, increase the number of Sheriff's Office fiscal year 2000/01 and subsequent years budgeted civilian positions, and authorize acceptance of the award when received. CONSIDERATIONS: On November 8, 1994, the Collier County Commission agreed to be the local coordinating unit of government for the COPS grants programs. On May 24, 2000 the Sheriff's Office was notified of eligibility for United States Department of Justice COPS MORE 2000 funding to expand the time available for community policing by current law enforcement officers, through the hiring of new and additional civilian support staff, rather than fund the hiring or rehiring of additional law enforcement officers. COPS MORE 2000 funding is for one year with renewed awards available for up to two additional years after the initial grant contingent upon future appropriations. COPS MORE 2000 grant awards provide up to 75% of the cost of a civilian salary. Local jurisdictions are required to provide a 25 percent cash match of civilian salaries. Federal funding for nine additional COPS MORE 2000 eligible positions is being requested to support civilian staff to enhance the implementation of community policing within the agency's jurisdiction. Sworn officers will gain time to devote to community policing by civilians accomplishing administrative tasks that sworn officers currently perform. The nine civilian positions will include three positions for the Criminal Investigation Division, two positions for the Information Technology Division, two positions for the Youth and Prevention Services Division, and two positions for the Patrol Division/COPS Unit. Official approval by the Board is needed to submit for the COPS MORE 2000 grant, increase the number of 2000/01 budgeted positions by nine, and accept the grant award when received. FISCAL IMPACT: Federal funding is requested for 75% of eligible costs for the FY 2000/2001. The required eligible costs cash match is $74,200. The total cash match including ineligible grant costs is $152,200 affecting fiscal year 2000/01 general revenue funds. Subsequent funding for two years will be requested from the Department of Justice per attached Exhibit "A". If Department of Justice funding is not available, funding will be requested as part of the Sheriff's Office operating budget. GROWTH IMPACT: All subsequent year funding that is not available from grant programs will be indicated as a part of the Sheriff's Office annual budget submissions. If the grant funds are terminated or other grant funding is not available at the end of the grant period, future costs will either be absorbed through vacancies arising due to normal attrition or approval for funding or reallocation of any positions will be requested from-~h~A~A No. ',(r' ' ..... , ~ ,J ~.~ RECOMMENDATION: That the Board of County Commissioners approve the Sheriff's Office COPS MORE 2000 grant application, increase the number of fiscal year 2000/01 budgeted positions by nine, and accept the grant award when received. PREPARED BY: APPROVED BY: C~ysta,1 K. KinEel", Finance DirectOr DATE: June 9, 2000 AGENDA ITEM No, :?':" pg.: EXHIBIT "A" COPS MORE 2000 Grant FISCAL & LOCAL SHARE BY FISCAL YEAR FISCAL FEDERAL LOCAL YEAR PORTION MATCH TOTAL 2000-01 $ 222,600 $ 152,200 * $ 374,800 2001-02 $ 233,700 $ 86,900** $ 320,600 2002-03 $ 245,400 $ 90,800** $ 336,200 $ 701,700 $ 329,900 $1,031,600 Includes 25% payroll match and eight PCS, eight office setups with miscellaneous startup office supplies, and one fully-equipped Community Service Deputy truck. Includes 25% payroll match and $9,000 for miscellaneous office expenses for nine positions. Section I Background Information Please answer all of the following questions complelely. If all the questions are not answered, the application aill be considered incomplete and may not be r~ew~ or funded. All requested information must be typed. Primary Applicam InformalJori Colller~ounty Sheriff's Office 9-Digit EIN N~3eq' AplJa~m agem-~. ~-I)g~ E~I. I ~3~z agem"y ~ bee~ am~3 ~ EI~ by I~ Olce d .lusl~ P~ 596000561 [4 F~O~[00 ~~wm~t~%,~h~~mt~m~ ~ Yes ~ No ~w ~mt !~on Law ~t~*ceq*.e~l Execx~e*$ Name Don Hunter I~sheriff Collier County Sheriff's Office 3301 Tamiami Trail East, Buildinq J Naples lorida 34112 941-774 -4434 1941-793-9333 Contact Information Joyce Houran 3301 Tamiami Trail East, Building J I%rant Coordinator Naples orida 34112 941-793-9405 941-793-9346 Government Information Timothy J. Constantine I~hairman Name d G~erment ~ Collier County Commission 3301 Tamiami Trail East, Naples 941-774-8393 Building F 1-774-3602 SectJoe I - You musl return fixis page as pm'1 of yore' application. AGENDA IIEM No, t~ I:--,I Pg., 19 i Geeertl Information [D Municipal ~3 State Pohce El 'hansi~ O School O Public Ho~sin9 O Coumy PD o H~jhway Patrol D Park/Recreation ~ She~ o 0 India~ Tribal Pubic Priv~m COPS Ahead COPS FAST COPS: PHASE I COPS in Schools E3 COPS MORE '95 COPS MORE ~J6 COPS MORE ~J8 Police Corps O Re9ional Corntaunt7 Policing inst~Jte i'1 Ao'vancing Communi~ Poficing ~ Commun~ Polic~g to Combat Domes'tic V~olence I~ Universal Hiring Proram D Problem-SoMrxj Parmerhips 0 Troops ~ COPS T~itml Resoon:e~ Ami-Gang InitJat~,e/Youffi Firearms Volerice Inifi~i~e 132,594 2,025 535 ~'~~ 510 you r~lUe~in9 a ~h'm o~ U~ I..~cal I~tch N~u~ based upon ~,~ fu~M ffat~? ~ye~, p~se ~e rne s,z~m o.w~ mtm*li,N m~p~Oe f~ d~ R~p~cafzm ~ YES :D NO Wh~t is the ~ou~.e ~d yo~ ~9~,/'~ ~ mMc~? General Operatinq Funds F.~:10 /_1__/ 99 ~0:9 /JQ_/O0 United States Department of Justice Timothy J. Constantine, Chairman ]ntergoverumenml ~eview Process June 29, 2000 CFD~ NumMI 16.710 Application kl~filbr ~ ~e SPOC u~ o~W 2O Secfi~ ! - ¥o~ mus~ remn~ ~ pale ~ Fart of your al~lir.~llo~ ~%oG EN D.A I~TEM · IUI~ Pg Applicanl Organization Legal Name: Collier County Sheriff ' s Office OR] #: FL01100 Section II Retention Plan Please outline below your proposed retention plan if awarded under the MORE 2000 grant program. The Collier County Sheriff's Office will assume and maintain the civilian positions and the resulting level of redeployment for at least one full locally-funded budget cycle after COPS MORE 2000 funding has ended. The Collier County Sheriff's Office has a very aggressive and successful grant research program that has resulted in continued funding of many grant projects. It is the Sheriff's Office intention to proceed with this method to fund and maintain COPS MORE 2000 grant funded positions after Federal funding has ended. Federal funding will be pursued. Non-federal funding sources such as state grants, additional law enforcement funding from private sources, including corporate, nonprofit and foundation donations and grants will be sought. Should the referenced funds not be available, solicitation of funds from the confiscated trust funds will be sought. Should any of these funds not be provided, COPS MORE 2000 positions and costs of maintaining resulting COPS programs will be included in applicable fiscal year Collier County Sheriff's Office operating budgets. Activities will continue on the COPS MORE 2000 grant after grant funds end. With experience, planned training, maintenance and enhancements, activities should even increase after the grant period ends because of advancements and speed associated with familiarity of programs. Any full-time equivalencies (FTEs) as a result of the COPS MORE 2000 grant are by currently employed law enforcement officers and will continue after COPS MORE 2000 funding has ended. jh/a:cm2rp Timothy J. Constantine, Chairman ~t CoeurI lttorael No, , pg U.S. Departmen1 of Justice Office of Communily Oriented Policing Services Assurances Several provisions of Federal law and policy apply to all grant programs. We (the OtT~ce of Communily Oriented Policing Services) need to secure your assurance th~l you (the applicant) will comply with these provisions. If you would like further information about any of the mariers on which we seek your assurance, please contact us. By your authorized representalh, c's signanxre, you assure us and certify to us thai you will comply with all legal and administrmive requirements thai govt:m the applicant for acceptance and use of Federal grant funds. in t~'ficulat, you assure us that: l. You have been legally and officially amhorized by the appro- prime governing body (for example, mayor or civy council) to apply for this grant and that the persons signing the applicalion and these assurances on your belmlf are authorized to do so and to act on your behalf with respect to any issues thal may arise during processing of this application. 2. You will comply with the provisions of Federal law which limit vermin political activilJe$ of your employees whose prin- cipal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § ! .501, el seq. 3. You w~l comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to you. 4. You will establish safeguards, if you have nol done so already, to proh~il employees from using their positions for a purpose th~ is, or gives the appearance of trine, motivaled by a desire for private gain for themselves or others, particularly those with whom they have family, business or other lies. 5. You w~ql give the Department of Justice or the Comptroller General access to and the right to examine records and docu- ments rela~xl to the grant. 6. You will comply with all requirrmenls imposed by the Department of Justive as a condition or administrative require- ment of the grant; with the program guidelines; with the requirements ofOMB Ci~afiars A-87 (goveroing cosl calcula- lions) and A-128 or A-133 (governing audits); with the appli- cable provisions of the On~itms Crime Control and S~tfe Streets Ael of 1968, as amended; with 28 CFR Pan 66 (Uniform Adminisu~tive Kequirements); with the provisions of the cumml edP, ion of the appropriate COPS grant owner's manual; and with all other applicable laws, orders, regulations or circulars. 7. You will, to the extent practicable and consistertl with applb cable law, reek, rccruil and hire qualified members of racial and ethnic minority groups and qualified women in order to ~ effective law enforcement by increasing their ranks within the sworn positions in your agency. 8. You will not, on the ground of race, color, religion, national origin, gender, disabilily or age, unlawfully czclude any person from panicipmion in, deny the benefils of or employment to any person, or subject any person Io discrimination in connec- thah with any programs or activities funded in whole or in part with Fedend funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Acl of 1965, as amended (42 U.S.C. § 3789(d)); q3tle VI of the Civ~q Rights ACt of 1964, as amended (42 U.S.C. § 2000d); the Indian Civ~ Rights Act (25 U.S.C. §4 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); 'l'~e !1, Sut~fle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, el seq.); the Age Discrimination Acl of 1975 (42 U.S.C. § 6101, el seq.); and Department of .justice Non-Discrimination Regulations contained in W, fie 28, Pails 35 and 42 (sobpans C, D, E and G) of the Code of Federal Regulations. A. In the event thal any courl or administrmfive agency makes a finding of discriminalion on grounds of race, color, religion, nmional origin, gender, disab,qi~, or age agnin~t you ~fier a due process hearing, you ague to forward a copy of the finding to the Office of Civil Righis, Office of Justice Programs, 810 7th Stree%, NW, Washington, DC 20531. B. If you ~re applying for a gnml of $500,000 or more and Department regulations (28 CFR 42301 el seq.) n.-x~ulre you to submit an Equal Oppornmity Employment Plan, you w~'ll do so a! the time of this application, if you have not done so in the past. If you at= applying for a gran! of less than $500,000 and the regul~ions ~qui~ you to m~fintain a Phm on ~ in ymxr office, you will do so withht 120 days of your gnmt aw~nt. 9. You 'w~i insu~ the! the facilities under your ownership, ~ or supervlsJon which shall be utilized in the accomplish- ment of the project are nol lisled on the Eavirormmma] Protection Agency's (EPA) list of Violaling F~c~ilies and th~ you will notify us ifyou are a~lvised by the EPA indicaf~ng ~ a facility to be used in this grant is under consideration for list- ing by F-PA. 10. If yore slal~ has established a review and comment proce- du~ under Executh, e Order 123';2 and has selec~d this pro- gram for review, you have nu~e this application av~'lab}e for review by the state Single Point of Cornact. 11. You vfill devise a pkm to ~-tain the inc~emsed hiring level with slale and local funds after the conclusion of your gmnL I hereby certify compliance with the above assurances thal govern the application and use of Federal funds. Sign~ure: ~l'imoEhy o. constancine, chairman Seelion Vi - You must veturn ~ pag~ as F~ of your a pg U.S. Department of Justice Office of Community Oriented Policing Services Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements Coordination with Affected Agencies; Non-Supplanting; and Retention. Although the Departmcnl of 3usllce has made every effort to simplify the application process, oth~ provisions of Federal law req~fire ~s to seek you~ certification regarding certain maners. Applicants should read the regulations cited below and the instructions for certifica- tion included in the regulations to understand the requirements and whether they apply to a particula~r applicant. Sign~tu~ of this form provides for compliance with certification requirements under 28 CFR Part 69, ~4ew Restrictions on Lobbying,' ~nd 28 CFR Part 67, 'Govemmenl-wkle Debarment and Suspension (Nonprocurement) and Govemmenl-wide Requiremenks f~ Drag-Free Workplace (Granu),~ and the coordination and non-~pplantJng requirements of the Pubtic Safely Parmership and Community Policing Act of i 994. The certifications shall be lreated as n material reprrsentation of fact upon which reliance will be placed when the Department of Justice ~ mq~ by ~ct~n 1352, ~]e 31 of~e U.S. C~e, ~ imple- men~d at 28 CFR P~ 69, for ~mo~ en~fing in~ a ~t or eratire ~menl over $1 ~,~, ~ &fi~ at 28 CFR P~ 69, appl~t ~ifies ~: A. No F~ ~p~ ~s ~e ~ ~d or will ~d, by or on ~h~f of ~e ~d~i~, ~ ~y ~ for influ~ci~ or a~m~ m in~ence ~ oW~c~ or ~ploy~ of ~ ~cy, a M~ of ~e~, ~ officer or emp~y~ of ~, or ~ e~loy~ ofa M~r of ~n~ss h co~ t~n wi~ ~ m~ of~y Fede~ ~ ~ en~fing into of ~y c~ve ~emen~ ~d ~ ~mi~ confin~t~ ~, ~eMm~ or m~if~fion of ~y Fe&~ ~t or ~d or will ~ ~ m ~y ~n for infl~nci~ or ~mmpti~ to infi~n~ ~ offer ~ ~pioy~ of~ ~e~, a Mem~r of ~n~, ~ owner or employ~ of Con~, or ~ employ~ ofa M~r of Co~s in column ~ ~is F~I or c~ ~m~ ~ ~i~ed s~ ~pIem ~mit S~ Fo~ ~ ~L, 'Di~]o~ of Lobbying Activit~s,' in ~c~ wi~ i~ imt~liom; C. ~ ~eni~d sh~! ~ ~t ~ !~ of~ fi~on ~ hd~ ~ ~e aw~ ~en~ for ~1 ~baw~ c~t~e ~m~, ~d ~on~c~) ~d ~I 2. ~enL Sm~s~n ~ ~er Res~s~ili~ Mam~ (Di~ct R~ipient) ~ implemen~ m 28 CFR P~ 67, for p~s~ ~ici~ in pfi~ ~ve~ ~s~ti~s, ~ defin~ ~128 CFR P~ 67, Se~ion 67310 ~ (i) ~ ~l p~fiy de~ sm~Mc~ pro~ed for d~ i~lig~k, ~ed m a &ni~ of F~ml ~fiB slate or Federal corn% or vohmlan'ly excluded ~mm covered transactions by any Federal depmlmen! or ~gency; (ii) Have not within e three-year period preceding this applica- tion been convicted of or had a civil judgment remicred against them for commission of fraud or a criminal offense in connec- lion with obtaining, arterupting to oblain, or performing public (Fe&'ml, stme or local) transaction or contract under a public transaction; violalion of Federal or stale nnfitmsl statutes or commission of embezzlement, thoft, forgery, bei~-ry, fa~sif'~n- tion or destruction of records, making fake sut~n~n~ or rtceiv- ing s~olen property; (iii) A~ not presently indicled for or otherwise criminally or civilly cha~d ~ a govemmen~ entily (Federal, sm~ or !oc.~) with commission of any of the offenses enumerated in pa~ (AXrO of this ctrt~.afion; and (iv) Have not within a Ou~c-ycar period _prec_~l___ing this applica- tion had one or more public lansacli~u (Fexknl, stale or 1oaI) terrnimm~l for cam~ or default; ~d B. Where the applicant is unablc m certify to any of the stale- menks in this certification, he or shc slm]i atlach an ~xplanation to this application. 3. Drag-Free Workplace (C_n~nle~:~ Othex ~ Individuals) As requir~ by the Drug-Free Workplace Act of 1988, arid implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Pan 67. Sections 67.615 and 67.620 -- A. The applicant certifies that it will, or will coratnue to, provide a drug-free workplace by:. (1) Publishing a stmement notifying employees that the sion or use of a cono-olled subslance ~ prohlblled in the grantee's workplace and specifying the actions that will be taken againm employees for violation of such prohibition: (ii) Establishing an on-going drug-free awareness pro- gram to inform employees about -- (a) The dangers of drug abuse in the workplace: AGENDA ITEM No. !c, F\ Co) The grantee's policy of maintaining a drug-free work- place: (c) Any available drug counseling, rehabilitation and employee assistance programs: and (d) The penalties thai may be imposed upon employees for drug-abuse violations occurring in the workplace; (iii) Making it a requiremeal that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 0): (iv) Notifying the employee in the matemenl required by paragraph (i) that. as a condition of employmenl under the grant, the employee will -- (a) Abide by the terms of the slmement: and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such con- viction~ (v) Notifying the agency, in wfi~ within 10 calendar days after receiving notice under subparagraph 0v)(b) such conviction. Employers of convicted employees must provide notice, including position c~de~ to: COPS C)~, liD0 Vermont Ave. NW, Washingxo~ DC Notice shall include the identification number(s) of each (vi) Taking one of the f~llowing actions. wiff~ ~ ~- dar days of receiving notice under subparagraph 0v) (b), (a) Taking approp~ata person~ action against such an with the req~es~ents of the Rehabilitation Act of 1973, as amersded: or (b) Requiring such employee to participate satisfactor~y in a drug abuse assistance or rehabilitation ~ appr~'ed for such ~ by a Federal, state or kx:al hea]th~ Law erff~ c~.ent or other appropriate (vii) Making a good faith efl'~'~ to continue to maintain a drug-free workplace through imp~mentation of para- B. The grantee may insert in the space provided below the sirens) lor the perfonnars:e of w~rk done in cormection with Place of performance (s~eel adcir~. city, county, s~e. zip code) Check El ff there are workplaces on file that are not identified Section 67.630 of the regulations provides that a grar~ee that is a state may e3ecl to make one certifica- t~n in each Federal fiscal year, a copy of which Depanmera ofJusace ftmdin~. States and state des may elect to use OJP Fo~,n 4061/7. Check 13 if the state has elected to c~aple~e OJP Form 4061/7. The Public Safety Parmership and Community Polidng Aa of 1994 requires app]icanls m certify that the~ has been appropriate coordination with all ag~r~cies that may be altected by the applicant's grant p~p~nl ff approved. Affected agencies may include. among o~- ers, the ~ of the United States Attorney. state or 5. Non-Supphr~ing The applicant he~by certes that Federal funds not be used to ~plac~ or supplanl sram or local fxmds, or funds supplied by the Bureau of Indian Affah-~. that would. in the absence of Federal aid. be made av'aBab]e to or for law enforcement purpos~ The applicant hereby certifies 1hal it ~ '~o~'gis thai it rmm abide by its subrrdUed phn to re~n the additional civilian p~itions and mdep]oyment levels for at least Grantee Name and Addn~s: Collier County Sheriff's Office 3301 Tamiami Trail East, Buildin9 J, Naples, Florida 34112 Applkation No. and/~ ~ Name: COPS MORE 2000 Gra~ee IRS/Vendor Number: 596000561 TypodN~~S~~nemExecu~ve· Don Hunter, Sheriff · __~~ As the duly~taUve of tbe govo'ning body, l hereby certify that the lain binding the groaning body to the above m-~Scation~ including the plan to remi~ Ekeore of new officials w//i not m~ieve the gm,m~ng bod~ ofits ob/iga- Typed N~ne ~d T~fie of~t ExecoOve: Timothy J. Conston~in~ Chairman, Collier County Commission Sigrm~: D~ A~ist~nt County Attorney U.S. ]Departl~enl of Justice Office of Community Orierned Policing Services Disclosure of Lobbying Activities Instructions for Completion of SF-I Ii. Disclosure of Lobbying Activities This disclosure form shall be comploed by the reporting emity, whether smbawardee or prime Federal recipient, al the initialion or receipt era covered Federal action, or a material change io a previous filing, pursuant to litle 31 U.S.C. seefinn 1352. The 15l- ing era form is required for each payment or agreement to make payment I~ any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congn:ss, an &ricer or employee of Congn:ss, or an employee of a Member of Congress in connection with a covered Federal action. Complete all ixems tlmt apply for both the initial filing and material change report. Refer m the implementing guidance published by the Office of Manageanenl and Budgel for additional information. I. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome era covered Federal action. 2. Identify the status of the covered Federal action 3. Identify the appropriale classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 8. Eme~ the mos~ appropr'me Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;, Invilalion for Bid (IFB) number, gram armouneemem number;, the con- tract, grant, or loan award number;, the application/pro- posal control number assigned by the Fedend agency). Include prefixes, e.g., "RFP-DF~90-001." 9. For a covered Federal m:tion where there has been an award or loan commitmenl by the Federal agency, enter the Federal arnourn of ~ awm~l/loan commitment for the prime entity identified in item 4 or 5. 4. Emer the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if h is, or expec~ to be, a prime or subaward recipient. ldemify the tier of the subawardee, e.g., the first subawardee ofthe prime is the 1st tier. Subawards include txxt are not limited to subcontracts, subgrants and contract awards under grams. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, shale and zip code of the prime Federal recipiem. Include Congressional District, if known. 6. Enter the name of the Fedend agency m~mg ttm award or loan commitment Include at learn one organi- zational level below agency name, if known. For exam- ple, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (hem 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) num- ber for grams, cooperative agreements, loans and loan commitments. 10. (a) Enter the full name, address, city, stale and zip code of the lobbying entity engaged by the reporting reg- istranl identified in hem 4 to influence the covered Federal (b) Enter the full name(s) ofthe individual(s) performing services, and include full address ifdifferenl firore 10 (a). Enter Lasl Name, First Name, and Wilddie Initial (MO. 11. The certifying official sh~!l sign and date the form, print his/her name, title m~l telephone number_ Public reporting burden for this collection of informa- tion is estimazed to average 30 minutes per respons~ including time for reviewing instructions, searching exisffng data sources, gathering and maintaining the data needed, and completing and reviewing the collec- tion of information. Send comments regarding the bur- den estimate or any other aspect of this collection of information, including suggestions for reducing this bur- den, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20§$0. AGENDA ITEM No. 1(/ K / _ Disclosure of Lobbying Activities Ns Instructions for Completion of SF--LH., Disclosure of Lobbying Activities (conf d) Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for instructions and public burden disclosure) Approved by OMB O348-0046 (as am¢~cd) I. Type of Federal Action: __ 2. Status of Federnl Action: _ 3. Report Type: a. comracl a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee Year: f. loan insurance Quarter. Date of last report 4. Name and Address of Reporting Entity: 5. if Reporting Entity in No. 4 is Subawardee. Enter El Prime ID Subawardee Name and Address of Prime: Tier , if known: Congressional District (number), if known: ~ Congressional District (number), if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant 10. b. Individuals Performing Services (if individual, last name, first name, MI): (including addre~ if different from No. IOn) (last name, f~-I name, MI): 11. u~matio~ mquest~ through thls f~.m is author- Signature: uponwhichreliancewasplaoadl~/thetierabowwhen Print Name: Timo.l;hy J. Constantine s~rtismquir~porsu~ntto31U_q.K. 1352. This~.,',or- T~tle: Chairman, Collier County Com~nission who f-~ls to fi~e the r~loired ~ shah be s~a~ct Telephone No.: 941-77zl-Rgq3 Date:__ toa ~ pena~t of not less th~m $10,O00 and not than $100,OOO ~or each ~ ~ailut~. Federal Use Only: Aulhorized for Local Reproduction, Standa~l Form - LLL - 'A'~EN DA'I:rEM Asaistant County Attorney comma Po mo Infomauon Worksheet This worksheet will provide the COPS Office with information about the public safety concerns of your community and your department's community policing goals and activities. For assistance in completing this worksheet, contact the U.S. Department of Justice Response Center at 1-800-421-6770. Your Community Policing Information Worksheet is complele by signing and dating below. Both the law enforcement executive and the government executive must sign. Applicant Or~anization's Le§a] Name: Collier County Sheriff's Office OR] #: FL01100 We, the undersigned, attest to the accuracy of the Community Policing Information Worlcsheet submitted below. Law Enforcement Executive:Title: Sheriff Government Executive: /L~tz~t Cou~ut3' Attorney Name (typed): Don Hunter Department Sheriff's Offic~ Date: - Ct ~'~ ~ . . Signature:~ Title: Chairman, County Co~nission Name (typed): Timothy J. Constantine Government Enttty~. Collier County Date: Signature: Person Completing Form: ~fie: Grant Coordinator Name(typed): Joyce Houran Date: May 30, 2000 AGENDA ITEM No, ),[/ 2 Ul J. From the list that follows, please rank in descending order the following public safety concerns of your community. For example, if "weapons" are the greatest concern in your community, place the letter "f" in rank number 1. If "wildlife crimes" are the lowest concern in your community, place an "n" in rank number 16. Rank: Major Public Safety Issues: 1. L a. Violent crimes against persons 2. H b. Property crimes 3. J c. Motor vehicle thefts 4. I d. Vandalism 5. E e. Gangs 6. A f. Weapons 7. B g. Prostitution 8. F h. Drug crimes 9. K i. Domestic violence 10. C j. Alcohol-related crime, including DWI 11. D k. Disorderly conducl 12. G 1. Traffic violations 13. b4 m. Agricultural crimes 14. N n. Wildlife crimes 15. © o. Hate crimes 16. p. Other (specify): Community policing is a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem-solving tactics and community-police parmerships. Your answers to the questions below will provide the COPS Office with basic information about your community policing efforts, and how you will use your COPS grant funds to further the implementation of community policing. You are not expected to engage in all of the activities listed. They are examples of the community policing efforts of other law enforcement agencies. If you have a written document that serves as your community policing plan, please attach it to this form. AGENDa,. ITEM No.A(,/ Ic _ II I ~. Please indicate which of the following are part of your overall approach to community policing, and which you plan to implement under your COPS grant: a)Crime Prevention Efforts Have Plan to Implemented Implement a. Youth programs (e.g., in-school, after school, weekend police/youth programs) b. Anti-drug programs c. Regular meetings with community groups to discuss crime [] ['1 d. Anti-violence programs ['[ [~ e. Other (specify): b) Problem-Solving Activities Have Plan to Implemented Implement ~ [-1 a. CI CI b. Identifying crime problems with members of the community and other government agencies (e.g., prosecutor and courts, social services, probation office) Identifying crime problems by looking at crime Wends (e.g., keeping records of crimes and the types of requests for help) c. Identifying top problems by analyzing repeat calls for service ~] ~ d. Preventing crime by focusing on conditions that lead to crime (e.g., abandoned buildings and cars, referrals to other civil agencies) e. Building on information systems to enhance crime analysis capabilities f. Other (specify): AGENDA Ii'EM 3 Community Partnerships Have Plan to Implemented Implement Regularly surveying community members to assist in identifying and prioritizing crime problems b. Locating office or stations within neighbor- hoods c. Providing community policing training to citizens d. Meeting with community members to learn more about the nature of specific problems ~'l ['1 e. Involving community members in selecting responses to problems and determining mea- sures of success ~ ~] f. Other (specify): d) Infrastructure and Management Changes Have Plan to Implemented Implement a. Have written strategic plan for community policing Department currently designates special unit (or a special officer) for community policing activities c. Depmm]ent promotes an agencywide approach to community policing 4 If your department has implemented or plans to implement an agency'wqde approach to community policing, please indicate the approximate percentage of time that patrol officers in your department dedicate (or will dedicate) to community policing: Less than lO percent 10-20 percent More than 20 percent d. Personnel are given respore graphical areas ...... A,G F_N'DA ITEM Have Plan to Implemented Implement {~ ["1 e . [] [] Call management systems are in place to free officer time for community policing (e.g., telephone reporting, alternative responses) f. Personnel evaluations reward participation in collaborative problem-solving efforts ~'1 [] g. Decision-making authority has been decen- lxalized [] [] h. Management positions have been eliminated i. Community policing concepts have been integrated into agency's mission statement j. Community policing concepts have been inte- grated into depmhnental policies and procedures k_ Detectives have been integrated into community policing efforts 1. Department staff routinely collaborate with other municipal agencies to address problems Cemmunlties 3. Please indicate which of the following groups you have consulted to address crime and disorder problems in your community: Plan to Consult Consulted [] a. Other government agencies (e.g. probation ofi'~ce, sanitation) b. Civic groups c. Neighborhood associations d. Tenants' associations e. Organizations of your employees, including collective bargaining groups AGENDA ITEM No. tc'L f. Business groups [] [] I I I I Consulted Plan to Consult ~] [] g. Religious groups ~'] ~] h. Schools [] [] i. Other (specify): Citizens ~,. Please indicate which of the following partnership activities are currently per- formed by citizens in your jurisdiction or are planned under your COPS grant: Currently Planned Under Perform Grant a. Neighborhood Watch b. Citizen volunteer programs c. Citizen advisory groups to your law enforcement agency d. Citizen patrols within your community e. Participate in anti-drug or anti-violence programs f. Other activities (specify): Officers ~. Please indicate which of the following activities are currently performed by patrol officers or axe planned under your COPS grant: a) Crime Prevention Activities Currently Planned Under Perform Grant a. Foot patrol, bike patrol or mounted patrol 6 b. Making door-to-door contact with citizens and businesses AGENDA ITEM Currently Perform Planned Under Grant Meeting with community leaders and groups to learn more about crime problems and jointly develop crime prevention plans ~] ~ d. Using business cards, cellular phones or beepers to maintain contact with, and be contacted by, citizens regarding public safety concerns e. Working in schools or other public agencies to teach crime prevention b) Problem-Solving Activities Other (specify): Currently Planned Under Perform Grant a. Working with citizens to identify and address community crime problems b. Using computer systems to collect and analyze information, particularly repeat calls for service c. Coordinating specific problem-solving projects to address problems on theft beats FI [] d. Working with other public agencies to solve disorder problems (e.g. trash collection, public works agencies to solve lighting problems) e. Mapping crime problems c) Training [] f. Other (specify): 1) Departmentwide community polidng training Have implemented [] Plan to implement [] Do not plan to implement AGENDA IYEM No,.. 1(,-Ic t EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 111, 112, 612, 711, 712A, 712B, 811A, 811B and 812 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN,4. PULLING, ET ,4L., CASE NO. 98-1674-CA (Airport Road - Pine Ridge Road to Immokalee Road). OBJECTIVE; That the Board of County Commissioners approve .the Stipulated Final Judgment as full and final compensation to be paid for the tenant improvements and business damages inthe acquisition of the easements on Parcel Nos. 111, 112, 612, 711, 712A, 712B, 811A, 81 lB and 812 for the Airport Road (Pine Ridge Road to Immokalee Road) project in the lawsuit entitled Collier County v. John A. Pulling, et al., Case No. 98-1674-CA. CONSIDERATIONS: On February 3, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Airport Road Project (Pine Ridge Road to Immokalee Road; Project No. 62031). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Three Thousand, Eight Hundred Dollars and NO/100 ($3,800.00) for tenant improvements for Parcel Nos. 111, 112, 612, 711,712A, 712B, 811 A, 811B and 812 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the tenants, Robert Davenport, Lynette Davenport and Davenport Nurseries, will be fully and fairly compensated for their tenant improvements and business damages resulting ~om the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Twenty Seven Thousand, Two Hundred Sixty-Two Dollars and 50/100 ($27,262.50) to be paid to the Defendants as full compensation for the property rights taken as to Parcel Nos. 111, 112, 612, 711, 712A, 712B, 811 A, 811B and 812. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Twenty Three Thousand, Four Hundred Sixty-Two Dollars and 50/100 ($23,462.50) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. 1 2000 FISCAL IMPACT: Cost: $23,462.50; Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 62031 - Airport Road (Pine Ridge Road to Immokalee Road) GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: 1. 2. 3. That the Board of County Commissioners: Approve the Stipulated Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit the sum of $23,462.50 into the Registry of the Court. Heidi F. Ashton Assistant County Attorney REVIEWED BY~.~ ~._. D ate: A. N. Ko~i, Project Manager, PWED =VIE~D BY:~. ~'"/O ~-~'¢f;~ Date: ~&frey Bibby, PWED ~Trector County Attorney h:GB\ExSum2000XJohnPulling-FinalJudgment-hfa 2 AGENDA ITEM . JL,'A 2 7 2000 pg. c IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, CASE NO.: v. PARCELS: JOHN A. PULLING, et al., Respondents. 98~1674-CA 111,112, 612, 711,712A, 712B, 811A, 81lB and 812 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, (hereafter "Petitioner") counsel, and Respondents, ROBERT DAVENPORT, by and through its undersigned LYNETTE DAVENPORT and DAVENPORT NURSERIES, (hereafter "Respondents") by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 111, 112, 612, 711, 712A, 712B, 8~ 1A, 81 lB and 812, and it appearing to the Court that the parties are authorized to make such motion, and the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents have and recover from Petitioner the sum of Twenty Seven Thousand, Two Hundred Sixty-Two Dollars and 50/100 ($27,262.50), comprised of $9,000.00 in business damages and $18,262.50 in tenant improve' ~-t~ fnr Parcel AGENDA I'~M NO. ~[.~) 1 JUN 2 7 2000 Pg. _~ Nos. 111, 112, 612, 711,712A, 712B, 811A, 81lB and 812 as full payment for the property interests taken and for damages resulting to the remainder, business damages, and for all other damages in connection with said parcels as to said Respondents; it is further ORDERED that the Petitioner shall deposit an additional Twenty Three Thousand Four Hundred Sixty-Two Dollars and 50/100 ($23,462.50), subject to the approval of the Board of County Commissioners, into the registry of this Court within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of Twenty Seven Thousand, Two Hundred Sixty-Two dollars and 50/100 ($27,262.50) to Ruden, McCloskey, Smith, Schuster & Russell, PA and mail the check to Thomas R. Boll, Esq., Ruden, McCloskey, Smith, Schuster & Russell, PA, P.O. Box 1900, Fort Lauderdale, Florida 33302 less $3,800.00 previously paid and any other amounts previously paid for the benefit of Respondents; and it is further ORDERED that the Court hereby reserves jurisdiction to tax statutory attorney fees and costs of the proceedings, pursuant to Chapter 73, Florida Statutes; it is further ORDERED that title to Parcel Nos. I I 1, I 12, 612, 711, 712A, 712B, 811 A, 811B and 812 (road right-of-way, sidewalk utility drainage and maintenance easement; road right-of-way, sidexvalk ~tility) being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated February 3, 1999, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Judgment is subject to approval by the Collier County Board of County Commissioners; it is further 2 AG!~ND I JC;,; 2 7 2000 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2416, Page 1525 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 111, 112, 612, 711,712A, 712B, 811A, 81 lB and 812; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida thisday of ,2000. Conformed copies to: Heidi F. Ashton, Assistant County Attorney Joe Fixel, Esq. Thomas R. Boll, Esq. Vincent Murphy, Esq. Bookkeeping Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: ~'~-- ~'~--b~ Dated: THOMAS R. BOLF, ESQ. Florida Bar No. 0454419 RUDEN, McCLOSKEY, SMITH, SCHUSTER & RUSSELL, PA 200 East Broward Boulevard Fort Lauderdale, Florida 33302 Telephone: 964/764-6660 Facsimile: 954/764-4996 Attorney for Respondents 3 HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 Telephone: 941/774-8400 Facsimile: 941/774-0225 Attorney for Petitioner AOEND,A I'~ t' J 2 7 2000 Pg..~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO ......... 6;2031 PARCEL NO ............ 111 FOLIO NO ..................................... LEGAL DESCRIPTION (NOT A SURVEY) . Road Right-of-way, Sidewalk, Utility, Drainage & Maintenance Easement (see Stipulated Order of Taking and Final Judgment for utility limitations) COMMENCING AT THE SOUTItWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TItENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 2368.63 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET TO THE EAST LINE OF A 100 FOOT CANAL RIGHT OF WAY AND THE POINT OF BEGINNING; THENCE LEAVING SAID CANAL RIGHT OF WAY AND CONTINUING EAST ALONG SAID LINE, A DISTANCE OF 568.92 FEET; THENCE SOUTH 3 DEGREES 04 MINUTES 48 SECONDS EAST, A DISTANCE OF 30.06 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 04 SECONDS WEST, A DISTANCE OF 101.18 FEET; THENCE NORTH 88 DEGREES 13 MINUTES 32 SECONDS WEST, A DISTANCE OF 469.19 FEET; THENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST, A DISTANCE OF 14.68 FEET TO TItE PO1NT OF BEGINNING; SAiD DESCRIBED TILACT CONTAINING 0.310 ACILE (13,483.QUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIlE WEST LINE OF SECTION 1 BEING N 02°57'13" W. PARCEL 111 AGEI~ ~D~ HO.~ JU . 2 7 2000 .......... r ......... ~'~ A" PUBLIC, WORKS ENGINEERING DEPARTMENT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL ~ NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY ?'Hu5 ~ : I ~1-' u ~. I~ ~1o~ o1~ 100 C~ ~.ST LINE OF SE~ION I ~r - ~ORT ROAD GENERAL NOTES lJ P.O.C. = POINT OF COMMENCEMENT 3) 8EC, = SECTION ~..~o~,~.,, JUN 2 7 2000 5) RGE. = ~NGE 6) R~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET ~D DECIMALS THEREOF -- 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED S~L OF A PROFESSIONAL ~ND SURVEYOR SCALE JANUARY 25, 1999 PULLN SHEET 2 OF 2 PUBLIC WORKS ENGINEEI'dNG DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 PROJECT NO ......... 62031 PARCEL NO ........... 112 FOLIO NO ..................................... LEGAL DESCRIPTION (NOT A SURVEY) Road Right-of-way, Sidewalk, Utility, Drainage & Maintenance Easement (See Stipulated Order ~of Taking a~d 'Final 'Judgment for utility limita~ioDs) COMMENCING AT THE SOUTtlWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOItlDA; THENCE NORTIt 02 DEGREES 57 MINUTES 13 SECONDS WEST ALONG TltE WEST LINE OF SAID SECTION I A DISTANCE OF 2368.63 FEET; THENCE LEAVING SAID WEST LINE OF SECTION 1, NORTII 89 DEGItEES 54 MINUTES 04 SECONDS EAST A DISTANCE OF 100.07 FEET TO THE EAST LINE OF A 100 FOOT CANAL PdGHT OF WAY AND THE POINT OF BEGINNING; THENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID CANAL RIGHT OF WAY, A DISTANCE OF 45.52 FEET; THENCE LEAVING SAID CANAL RIGI1T OF WAY SOUTH 88 DEGREES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF 473.17 FEET; THENCE NORTtf 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 96.71 FEET; THENCE SOUTH 3 DEGREES 04 MINUTES 48 SECONDS EAST, A DISTANCE OF 30.04 FEET; THENCE SOUTIt 89 DEGI~ES 54 MINUTES 04 SECONDS WEST, A DISTANCE OF 568.92 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TIL,%CT CONTAINING 0.476 ACP, E (20,715 SQUAi[E FEET), MOtLE OR LESS. BASIS OF BEARINGS IS THE WEST L1NE OF SECTION 1, TOWNSHIF 49 SOUTIt, RANGE 25 EAST, BEING N 89°54'04" E. PARCEL 112 JUN 7 2000 PREPARED BY ' -~ -.~-.. · .-'::~. ...................................... DATE../~./..7. ..... ,.//-~EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 30-¢-lO PUBLIC wORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRA~L NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY ' [ 3"W Off cANAL AIRPORT o'5 ROAD GENERAL NOTES 1) p,O,C. = poiNT OF cOMMENCEMENT 2) p.O.B. --- poINT OF BEGINNING 3) SEC. = sECTION 4} TWP. ~' TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF B) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED sEAL OF A pROFESSIONAL LAND sURVEYOR SCALE NOT TO SCALE JANUARY 25, 1999 PULLN NO. JUN 2 SHEET 2 OF 2 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (-NOT A SURVEY') PROJECT NO ......... 62031 PARCEL NO ............612 FOLIO NO ..................................... Slope and Sidewalk Easement (See Stipulated Order of Taking and Final Judgment for potential additional uses) COMA4ENCING AT T}IE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE WEST LINE OF SECTION 1, A DISTANCE OF 2368.63 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET TO THE EAST LINE OF A 100 FOOT CANAL P. IGHT OF WAY; THENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID CANAL RIGHT OF WAY, A DISTANCE OF 45.52 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID CANAL RIGHT OF WAY LINE SOUTH 88 DEGREES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF 473.17 FEET; THENCE NORTH 89 DEGREES 54 M1NUTES 04 SECONDS EAST, A DISTANCE OF 96.71 FEET; TIIENCE NORTIt 3 DEGREES 04'MINUTES 48 SECONDS WEST, A DISTANCE OF 10.01 FEET; THENCE SOUTH 89 DEGREES 54 MINLFFES 04 SECONDS WEST, A DISTANCE OF 163.47 FEET; THENCE NORTH 1 DEGREE 46 MINUTES 28 SECONDS EAST, A DISTANCE OF 7.20 FEET; THENCE NORTH 88 DEGREES 13 M1NUTES 32 SECONDS WEST, A DISTANCE OF 406.84 FEET; THENCE SOUTH 2 DEGREES 57 MINUTES 13 SECONDS EAST, A DISTANCE OF 15.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.176 ACRE (7,657) SQUARE FEET), MORE OP, LESS. BASIS OF BEARINGS IS TILE WEST LINE OF AFORESAID SECTION 1 BEING N 02°57'13" W. PARCEL 612 A~NDA ~ JU;; 2 7 20, ,/ EOR E R. R,CH O '6 ............... PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3~01 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 5- o :/o PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL · NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY 2-,. O :%.0 o o ~ ~ ~ o1~ t-Ul ~, b ' ~ '~ I '. m ~l~ ~1 :~ .~1 u~ ' ~': Z/~ L~ ~' ' ~0 . ~ / ~u ~ wEST I,INE OF SEeION I J ~ ~ Ai~OKT ~OAD GENERAL NOTES ~) P.O.G. ~ POINT OF COMMENCEMENT 2~ ..o.B. - .O~NT O~.EO~NN~NO A~NDA ~M 4) ~P. = TOWNSHIP '""2 7 2000 5) RGE. = RANGE J~l ~ 6~ R~ ~ RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF PC. I J 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR TO SCALE JANUARY 25, 1999 PULLN SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 330`1 EAST TAMIAM[ TRAIL NAPLES, FLORIDA 34'1'12 (941 ) 774-8`192 PROJECT NO ......... 62031 PARCEL NO ........... 811A FOLIO NO ..................................... LEGAL DESCRIPTION (NOT A SURVEY) Road Right-of-way and Drainage Easement(See Stipulated Order of Taking and Final Judgment for potential additional uses ) COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOIUDA; THENCE NOIt. TH 2 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 2368.63 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET TO THE EAST LINE OF A 100 FOOT CANAL IUGttT OF WAY; TltENCE SOUTtl 2 DEGIhEES 57 MINUTES 13 SECONDS EAST ALONG SAID CANAL RIGHT OF WAY, A DISTANCE OF 14.68 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID CANAL ILlGIlT OF WAY SOUTIt 88 DEGREES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF 469.19 FEET; THENCE NORTIt 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 101.18 FEET; THENCE SOUTH 3 DEGREES 04 IVllNUTES 48 SECONDS EAST, A DISTANCE OF 30.06 FEET; THENCE SOUTH 89 DEGIt~ES 54 MINUTES 04 SECONDS WEST, A DISTANCE OF 103.60 FEET; THENCE NORTH 88 DEG[1.EES 13 MINUTES 32 SECONDS WEST, A DISTANCE OF 467.20 FEE'['; TItENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST, A DISTANCE OF 30.10 FEET TO TI IE POINT OF BEGINNING; SAID DESCRIBED TILACT CONTAINING 0.393 ACRE (17,116 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 1 BEING N 02°57'13"W. PAI~CEL 811A jui 2 ? ',ooo PREPARED ~'G'I~ '(~ ~'~ ~'~ '~ I ~ ~1'1~'1~'[~ ........ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENG[NEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY o A\,,~t,,t,l~0£ N o~ . . ~ ~, ~ c ,, ~ o~ AI~OKT ROAD GENERAL NOTES 3) GEO. = SECTION 5) RGE. = RANGE 7) AL~ DISTANCES ~E IN FEET AND DECIMALS THEREOF 8} NOT VALtO UNLE8~ SIGNED AND SEALED WITH THE EMSOSSED SEAL OF A PROFESSIONAL ~ND ~URVEYOR SCALE JANUARY 25, 1999 PULLN SHEET PUBLIC WORK. S ENGINEERING DEPAR. TMENT 330'1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.1.12 (94'1 ) 774-8'192 PROJECT NO ......... 62031 PARCEL NO ............ 811 lB FOLIO NO ..................................... LEGAL DESCRIPTION (NOT A SURVEY) Road Right-of-way and Drainage Easement I See Stipulated Order of Taking and Final Judgment for potential additional uses ) COMMENCING AT THE SOUTItWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTIf, RANGE 25 EAST, COLLIER COUNTY, FLORiDA; THENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 2368.63 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET TO THE EAST LINE OF A 100 FOOT CANAL 1UGHT OF WAY; THENCE SOUTH 2 DEGREES 57 MINUTES 13 SECONDS EAST ALONG SAID CANAL RIGItrF OF WAY LINE, A DISTANCE OF 44.78 FEET; THENCE LEAVING SAID CANAL RIGHT OF WAY SOUTH 88 DEGILEES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF 168.70 FEET TO TItE POINT OF BEGINNING; TItENCE CONTINUING EAST ALONG SAID LINE, A DISTANCE OF 264.93 FEET; THENCE SOUTH I DEGREE 46 MINUTES 28 SECONDS WEST, A DISTANCE OF 1 [.00 FEET; TIIENCE NORTH 88 DEGREES 13 MINUTES 32 SECONDS WEST, A DISTANCE OF 214.93 FEET; THENCE NORTH 25 DEG[1.EES 49 MINUTES 05 SECONDS WEST, A DISTANCE OF 51.20 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TILACT CONTAINING 0.061 ACIU~ (2,639 SQUAICE FEET), MOIU~ O11. LESS. BASIS OF BEAiUNGS IS TI-LE WEST LINE OF SAID SECTION I lBEING N 02°57'13"W. PARCEL 81 lB 2 7 2000 i/...(./..../.,....42...../ ...... .......... /,,~/GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL RES. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 ' PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMlAME TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY o /~,,~t,J,l~o~: N m · I ,o~'~ z ' u WEST i.iNE OF SECTlOP I AIRPORT ROAD GENERAL NOTES 1) P.O.G, = POINT OF COMMENCEMENT ~ s~c. = S~c~oN ~) ~P, = TOWNSHIP ~"~.'~ JU~; 2 2000 6) R~ = RIGHT OF WAY 7) ALL DISTANCES ARE mE FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE _. EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR ~AWN BY CHECKEO "~ scot'NOT TO SCALE JANUARY 25, 1999 PULLN SHEET 2 OF 2 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 84-T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/0.$/86, ET AL., CASE NO. 99-3040-CA (LIVINGSTON ROAD FROM IMMOKALEE ROAD TO IMPERIAL ROAD). ~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 84-T for the Livingston Road Project in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated 6/05/86, et al., Case No. 99-3040-CA. CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the roadway improvements to Livingston Road from Immokalee Road to Imperial Road (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of Ninety-two Thousand, Four Hundred Dollars ($92,400.00) for Parcel No. 84-T in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, John J. and Gertrude Steuerer, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-250). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for One Hundred Thirteen Thousand, Four Hundred Dollars ($113,400.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 84-T. To comply with the terms of the Stipulated Final Judgment, Twenty-one Thousand Dollars ($21,000.00) must be added to the Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: A budget amendment is needed to transfer $21,000.00 from the Impact Fee District 1 Reserve Fund and into this project. 1 AC.-~ND~ JUN 2 7 2000 GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve the Stipulated Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit an additional $21,000.00 into the Registry of the Court. Approve the necessary budget amendment. SUBMITTED BY: Assistant County Attorney Date: REVIEWED BY: Rich Hellriegel, Project Manager, Transportation Engineering Dept. Date: REVIEWED BY: Jeffrey Bibby, Director Transportation Engineering Dept. Date: APPROVED BY: ! ISavid C. Wei~e'lf County Attorney Date:~7~~_ h:GB\ExSum2000Wassett-FinalJudgment-hfa 2 AGENDA ITI[M -,. NO I~,( c."l[O I JUN 2 7 2000 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, ' Petitioner, Vo JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/5/86, et al., Respondents. CASE NO.: 99-3040-CA PARCEL: 84-T STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, JOHN J. STEUERER and GERTRUDE STEUERER, for entry of a Stipulated Final Judgment as to Parcel No. 84-T, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid [~y Petitioner is the full compensation due the Respondents, JOHN J. STEUERER and GERTRUDE STEUERER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, JOHN J. STEUERER and GERTRUDE STEUERER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Thirteen Thousand, Four Hundred Dollars and No/100 ($113,400.00) for Parcel No. 84-T as full payment for the property interests taken and for damages resulting to the remainder. if I JU t 2 7 2000 Pg ...... ~ less than the entire propeaty was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondents JOHN J. STEUERER and GERTRUDE STEUERER receive fi:om Petitioner as a reasonable attorney fee the sum of Seven Thousand Dollars and No/100 ($7,000.00). Except as provided herein, no attomey's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 84-T; and it is further ORDERED that Petitioner shall deposit an additional Twenty-one Thousand Dollars and No/100 ($21,000.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of Seven Thousand Dollars and No/100 ($7,000.00) to Richard Yovanovich, Esq., Goodlette, Coleman & Johnson, 4001 North Tamiami Trail, Suite 300, Naples, Florida 34103; and it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the award of Twenty One Thousand Dollars and No/100 ($21,000.00); and it is further ORDERED that the Court reserves jurisdiction to award appraisal fees and costs as to Parcel No. 84-T; it is further ORDERED that title to Parcel No. 84-T (fee simple title) being fully described in Exhibit "A" attacl~ed hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated December 2, 1999, and the deposit of money heretofore made, is approved, ratified, and confumed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2592, Page 2869 and the Amended Notice of Lis Pendens filed in the above- styled cause as recorded in Official Record Book 2598, Page 1, all of the Public Records of Collier AGENDA ~ County, Florida, be dismissed as to Parcel No. 84-T; it is thereforNO. ~1 JUN 2 7 2000 2 pg. L~ R'ece~.vgd: 1~!/'11~/2000 ~:42; ->C-oo"~lette.coll~,man.&.Johnllon. PA; #412; Page 4 1941~'~40225 COUNTY I~TTO~ 4~ I~ ~UN 16 '~ day of DONE AND ORDF~ in Clum~berz at Naples, Collier County, Florida, ~ 2000. Cixcuit Com, t JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Petitioner and Re~ondentz JOHN J. STEUERER and GHRTRUDE STEUF_.RER, hereby stipulate and re~p~ully request this Court to taxtin- thc foregoing Stipulated Final Judgment. Da~ed: {- t t ~ t ou ! RICHARD YOVANOVICH, ESQ. Florida Bat No. 782599 OOODLETTE, COLEMAN & JOHNSON 4001 North Tamiami Trail. Suite 300 Napl~, Florida 34103 Phone: (941) 435-3535 Attorney for Re~ondenm 3 Floffda Bat No. ~6770 O~ OF ~ CO~ A~~Y 3301 E~ T~ Tml N~I~, FI~ 34112 (941) ~~ - ~e A~ f~ P~o~ AGENDA ITEM.., ~o. __~ L L.'X ( ~-. JUN 2 7 2000 pg. 5 -Ipla. Montes& Associates, Inc. ,' ~tl~t~"[ "~" I Planners I Surveyors #00.1.63560005 PARCEL 84-T A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE.25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY. DESCRIBED AS FOLLOWS: 'COMMENCE AT THE SOUTNEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00"43~01n W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00"35'09" W., ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 1331.23 FEET TO ~HE. SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24 AND THE POINT OF B_~~[~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 88"25'41" W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE~ NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00"35'09" W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 665.40 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1~4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 88"22'58" E., ALONG SAID NORTH LINE, FOR A ~ISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF.SAID SECTION 24; THENCE RUN S. 00"35'09" E., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 665.62 FEE~ TO THE ~OINT OF BEGINNING, CONTAINING 4.20 ACRES, MORE OR LESS. BEARINGS REFER TO AN ASSUMED BEARING OF S. 00°43'01" E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS ~R RESTRICTIONS OF RECORD. SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC. P.L.S. tt3741 state of Fla. Tenth St, Soulh E] 6202-F P[ealdenlial Co~l [~ 10550 Abe~nallly Sl~ea[ ). ~ I~6 ~1 MV~, FL ~919 ~la S~hg~ FL ~923 Ip~, FL ~g3g (813) 481.7874 {813) 992.0795 ~ 262-4617 FAX (813) 48t-1015 FAX (D13) 092.2327 X {813) 262-~74 'AGENDA ITEM JUN 2 7 2000 c~ o 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 92-18, AS AMENDED, THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL; BY AMENDING SECTION THREE, COMPOSITION OF MEMBERSHIP, PROVIDING FOR ALTERNATING MEMBERSHIP BETWEEN THE CITY OF EVERGLADES AND THE CITY OF MARCO ISLAND, AND TO INCLUDE FUTURE CITIES IN THE ROTATION OF ITS MEMBERSHIP; PROVIDING FOR CONFLICT AND SEVERABILI. TY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No. 92-18, as amended, the Collier County Tourist Development Council, to alternate municipal membership between the City of Everglades and the City of Marco Island, and to include a rotation for new cities that will be created in the future. CONSIDERATIONS: Collier County Ordinance No. 92-18, as amended, established the Collier County Tourist Development Council in accordance with Section 125.0104(4)(e), Florida Statutes. Subsection (b) of Section Three, Composition and Membership, of Ordinance 92-18, provides that two (2) members shall be elected municipal officials, at least one (1) of whom shall be from the most populous municipality in the County or Sub-County Special Taxing District in which the tax is to be levied. The most populous of the three municipalities in Collier County is the City of Naples. The remaining cities are the City of Everglades and the City of Marco Island. On May 2, 2000, the Board of County Commissioners approved an amendment to this Ordinance, to alternate the second municipal seat between the 2 remaining municipalities, and to allow for the inclusion of future cities in the rotation of this municipal seat. This Ordinance amendment reflects this revision. FISCAL IMPACT: NONE. GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: amendment to Ordinance No. 92-18, as amended. Approved by: 'R~'miro Mafialic[~ ' - Chief Assistant County Attorney That the Board of County Commissioners adopt the proposed Date 1 2 3 4 5 6 7 8 10 II ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NO. 92-18, AS AMENDED, TIlE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL; BY AMENDING SECTION TilREE, COMPOSITION OF MEMBERS!lIP, PROVIDING FOR ALTERNATING MEMBERSIIIP BETWEEN TIlE CITY OF EVERGLADES AND THE CITY OF MARCO [SI,AND, AND TO INCLUDE FUTURE CITIES IN THE ROTATION OF ITS MEMBERSIIIP; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 15 WHEREAS, on March 24, 1992, the Board of County Commissioners adopted Ordinance 16 No. 92-18, which created the Collier County Tourist Development Council', and 17 WHEREAS, the Board of County Commissioners desires to amend Section Three of the 18 Ordinance, to alternate the second municipal official membership between the City of 19 Everglades and the City of Marco Island, and to include future cities in the second municipal 20 member rotation process. 21 NOW, THEREFORE, BE IT ORDAINED BY TItE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 23 SECTION ONE: AMENDMENT TO SECTION TIIREE OF COLLIER COUNTY 24 ORDINANCE NO. 92-18, AS AMENDED 25 26 Section Three, Composition of Membership, of Collier County Ordinance No. 92-18, as 27 amended, is hereby amended as follows: 28 SECTION THREE: COMPOSITION OF MEMBERSItlP. 29 The membership of the Collier County Tourist Development Council shall be composed 30 as follows: 31 (a) The Chairman of the Board of County Commissioners of Collier County or any 32 other members of the Board of County Commissioners as designated by the 33 Chairman to serve on the Council. 34 (b) Two (2) members of the Council shall be elected municipal officials, at least one 35 (I) of whom shall be from the most populous municipality in the County or Sub- 36 County Special Taxing District in which the tax is to be levied. The City of 37 _E~ergl~d_es~a~_d~he_C_'gy_o f M~co Isl_aj~_d~ha_ll_o~Lt_e_r_n_aB3_~a,~_hhe second municipal 38 member. In the event that other municipalities are legally created in Colli~r 39 County then those municipalities shall be included in tile rotation process for the 40 second munic~al seat. 41 (c) Three (3) members shall be owners or operators of motels, hotels, recreational 42 velficle parks, or other tourist accommodations in Collier County subject to any 43 tourist development tax levied pursuant to Section 1250104, Florida Statutes. 44 (d) Three (3) members of the Council shall be persons who are involved in the 45 tourist industry and who have demonstrated an interest in tourist development, 46 but who are not owners or operators of motels, hotels, recreational vehicle parks ,17 or other Iourist accommodations iu Collier County which would be subject to ,:[8 [lily lOIIl'iSt development tax Wo, ds [lnderli~ncd arc Added: Winds Smmk-'l'hmugh are Deleted 2000 I 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 42 43 All members of the Collier County Tourist Development Council shall be electors of Collier County and the members shall serve at the pleasure of the Board of County Commissioners for staggered terms of four (years). The terms of office of the original members shall be prescribed in the resolution appointing the original members. SECTION TWO. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deem~l a separate, distinct and independent provision and such holding shall not m"fect the validity ofth~ remainin8 portion. SECTION THREE: Inclusion In The Code Of Laws And Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumb~'M or relettered to accomplish such, and the word "ordinance" may be changed to Nsection,~ ~m'ticle,N or any other appropriate word. SECTION FOUR: Effective Date, This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ~ 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGItT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: 'R'amiro Ma~alich l/ ' Chief Assistant County Attorney I{ M/kn/ordinancc 2 Words .Unde[lj. ned are Added; Words 8mmkZl;hrough are Deleted [: JU 4 2 7 2000 EXECUTIVE SUMMARY PE-2000-02, WILLIAM-C. MCANLY OF MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING GOLF CLUB OF THE EVERGLADES, REQUESTING A PARKING EXEMPTION TO REDUCE THE REQUIRED 122 PARKING SPACES TO 71 PARKING SPACES AND TO RESERVE LAND FOR 60 PARKING SPACES FOR A PRIVATE GOLF CLUB LOCATED ON THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD EXTENSION AND DOUGLAS STREET, IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests approval of a Parking Exemption for reserved parking for Golf Course of the Everglades. CONSIDERATIONS: The Land Development Code requires 122 parking spaces for the Golf Club of the Everglades. The petitioner thinks that this is an excessive amount of parking for a private golf course. He wishes to construct 71 spaces and reserve an area to construct 60 parking spaces if they become necessary. FISCAL IMPACT: Approval of this petition will have no direct fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural/Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits parks, open space, and recreation uses -including ancillary uses, such as parking lots. This site is within the area of the County subject to Final Order No. AC-99~002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). The Final Order prohibits golf courses in the Ag/Rural area. However, this prohibition does not apply to projects submitted to Collier County prior to June 22, 1999. Petition CU-98- 17 was submitted to, and approved by, Collier County prior to June 22, 1999. AGEND~ ,JUN Based on the above analysis, the proposed Parking Exemption can be deemed consistent with the FLUE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. STAFF RECOMMENDATION: Staff recommended that the CCPC forward Petition PE-2000-02 to the Board of Zoning Appeals with a recommendation for approval of the reserved parking, subject to the stipulations in the Resolution. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Parking Exemptions. PLANNING COMMISSION RECOMMENDATION: Due to the upcoming Board of Zoning Appeals recess, this Executive Summary was written prior to the Collier County Planning Commission for this petition (scheduled for June 15, 2000). The CCPC recommendation will be presented verbally to the BZA. 2 PREPARED BY: FRI~ I~ISCHL SENFOR PLANNER ,~C~RENT PLANNING MANAGER MULHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE DATE AP~VED BY: ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/PE~2000-01 3 JU~ 2 7 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAY 30, 2000 PETITION PE-2000-02 OWN ER/AG ENT: AGENT: OWNER: William C. McAnly, PE McAnly Engineering & Design, Inc. 5435 Park Central Court Naples, FL 34109 Golf Club of the Everglades 3775 Airport Pulling Road North Naples, FL 34105 REQUESTED ACTION: The petitioner requests approval of a Parking Exemption for reserved parking for Golf Course of the Everglades. GEOGRAPHIC LOCATION: The subject property is located north of Vanderbilt Beach Road, approximately 1.5 miles east of Collier Boulevard. PURPOSE/DESCRIPTION OF PROJECT: The Land Development Code requires 122 parking spaces for the Golf Club of the Everglades. The petitioner thinks that this is an excessive amount of parking for a private golf course. He wishes to construct 71 spaces and reserve an area to construct 60 parking spaces if they become necessary. SURROUNDING LAND USE & ZONING: Existing: Golf course; zoned A with a Conditional Use Surrounding: North: East: South: West: Primarily undeveloped land; zoned A Olde Florida Golf Club; zoned GC Vanderbilt Beach Road ROW, across which is Golden Gate Estates, Unit 6; zoned E A mix of undeveloped parcels, agricultural uses, and single family homes; zoned A GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Agricultural/Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits parks, open space, and recreation uses -including ancillary uses, such as parking lots. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). The Final Order prohibits golf courses in the Ag/Rural area. However, this prohibition does not apply to projects submitted to Collier County prior to June 22, 1999. Petition CU-98- 17 was submitted to, and approved by, Collier County prior to June 22, 1999. ! Based on the above analysis, the proposed Parking Exemption can be deemed consistent with the FLUE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 2 TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL IMPACT: This petition has been reviewed by all of the appropriate County agencies assigned jurisdictional oversight, none of which have offered any objection to the approval of this petition, subject to the stipulations contained in the Resolution. ANALYSIS: There are thirteen criteria, which must be considered for approval of a Parking Exemption. These criteria are Whether the amount of off-site parking is required by Section 2.3.16 or is in excess of requirements. All the parking is on-site. bJ The distance of the farthest parking space from the facility to be served. The parking proposed to be constructed is, generally, the closest to the clubhouse. If the lots are separated by a collector or arterial roadway, the safety of pedestrians. All the parking is on-site. If the lot is not zoned commercial, it must meet the Iocational criteria for commercial uses as identified in the Future Land Use Element of the Growth Management Plan. The site is zoned A with a Conditional Use for a golf course, and thus meets the FLUE criteria. e. Pedestrian and vehicular safety. All the parking is on-site. The character and quality of the neighborhood and the future development of surrounding properties. If granted, a Parking Exemption will have no effect on the character and quality of the neighborhood. Potential parking problems for neighboring properties. If the parking lot becomes over-crowded and causes problems for neighboring properties, the Planning Services Director will be authorized to direct the property owner to construct the reserved parking. Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. All the parking is on-site. ~ /..,~;:~.~,~ ~.~. 3 km Whether vehicular access shall be from or onto residential streets. Vehicular access will not be changed by this petition. It will remain as approved in the Conditional Use and in the Site Development Plan. Whether buffers adjacent to property zoned residential are 15 feet in width and include a wall in addition to required landscaping. All the parking is on-site. Buffers will remain as approved in the Conditional Use and the Site Development Plan. Whether the off-site parking will be used for valet parking. All parking is on-site. Whether the off-site parking will be used for employee parking. All parking is on-site. Whether there are more viable alternatives available. The alternative is for the petitioner to construct all 122 required spaces. Using the reserved parking, the petitioner reserves the area for all spaces to be constructed if and when the Planning Services Director deems the other required spaces are necessary. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition PE-2000-02 to the Board of Zoning Appeals with a recommendation for approval of the reserved parking, subject to the stipulations in the Resolution. 4 PREPARED BY: FRED REISCHL, SENIOR PLANNER CURRENT PLANNING DATE REVIEWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition PE-2000-02 ! COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PE-2000-02 STAFF REPORT 5 Petition No.: p APPLICATION FOR PUBLIC HEARING ~10R/? PARKING EXEMPTION i ' . E 0 0 ~ '0 S ~ ~'-'~-' '-"' -":: ~ :::"'~ ' Date Petition Receive& Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Applicant's Mailing Address City Naples Applicant's Telephone # E-mail Golf Club of the Everglades 3775 Airport Pulling Road North State Florida Zip 34105 261-1166 Fax # 261-6372 Name of Agent William C. McAnly Agent's Mailing Address City Naples State Agent's Telephone #593-3299 Fax # Agent's E-mail Address Firm McAnly Engineering and Design, Inc. 5435 Park Central Court Florida Zip 34109 593-3298 mcanly~aol.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 -1- Zoning of proposed parking lot A, CU (17) Zoning of the Parking Exemption is proposed to serve Zoning of lot the Parking Exemption is proposed to serve Type of land use that the Parking Exemption is proposed to serve Required parking for the project Parking Spaces Proposed Off-Site 122 parking spaces None Project description: (or attach separate sheet) & cu (17) A, CU (17) Private Golf Club The Land Development Code requires 122 parking spaces for a golf course, however, there is no distinction between a public or private golf course. The approved land use, being a private club, with single memberships, it will rarely use all of the parking required. by Code. This request is to provide for 71 parking spaces, and reserve an area to accommodate 60 spaces, should the County_ find that all of the required parking must be built. The result of the approval of this request will provide greater open space an less expansive areas of unneeded asphalt. I.Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? No 2. Is the proposed parking lot zoned commercial? No ! 3. Does the permitted use propose to share required parking with another permitted use? No Does the petitioner propose a parking reservation? Yes SIGNATURE OF PETITIONER '7- 50 -oo DATE -2- McANLY ENGINEERING AND DESIGN INC. l~'-,. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE March 14, 2000 Mr. Ron Nino, AICP, Manager Collier County Current Planning 2800 North Horseshoe Drive Naples, Florida 34104 Re: Golf Club of the Everglades Subject: Formal Request for Reserved Parking Dear Mr. Nino: The purpose of this correspondence is to clarify and augment a request made by Clyde Quinby through his written correspondence dated February 24, 2000. That correspondence was intended to be a formal request for parking reservation pursuant to Section 2.3.14, of the Land Development Code. However, with language referencing "grass parking" in that letter, it was presumed by your Staff to be a request for grassed parking, which resulted in your denial letter dated March 8, 2000. In an effort to clarify and augment the original submittal, please find a revised Parking Reservation Exhibit to replace the original exhibit, and a check (#588), in the amount of $425.00, for processing and review fees associated with this request. Clyde C. Quinby, of Golf Club of the Everglades shall remain the applicant. Upon the Board of Zoning Appeals' approval of this parking reservation request, an insubstantial change to SDP-99-140 will be submitted for review and approval consistent with the requirements of the LDC, and any additional requirements which may be imposed by the BZA. Should you, or your Staff have any questions regarding this request, please do not hesitate to give myself a call related to planning issues, or Gina Green, P.E, related to engineering matters. With~ Dwight Nadeau Planning Director Enclosures Cc: Client File 5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109 MAILING ADDRESS: RO. BOX 11717, NAPLES, FLORIDA 34101-1717 (9411 593-3299 FAX (941) 593-3298 VEGETATED OPEN SPACE CART ESERVED PARKING VEGETATED OPEN SPACE VEGETATED OPEN SPACE VANDERBILT BEACH ROAD EXTENSION(60' ROAD EASEMENT) CYPRESS CANAL CONSTRUCT ALL DRIVEWAYS AND A MINIMUM 71 PARKING SPACES AND RESERVE 60 SPACES. :~:~ DENOTES PROPOSED RESERVED PARKING SPACES iPROJECT: McANLY ENGINEERING AND DESIGN INC. DRN BY: ~NK BY: W.C.u. OA'11~: 2/17/00 SCALE : 1'-100' PRO. NO.: XI~EF : NONE ~ ~ DAT[ RESOLUTION 2000- RELATING TO PETITION NUMBER PE-2000-02 FOR A PARKING EXEMPTION FOR 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 allowance of a parking exemption, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of requiring the construction of 71 of the required 122 parking spaces and reserving an area for the construction of 60 additional parking spaces, as shown on the attached plot plan, Exhibit "A", in the A 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 Subsection 2.3.4.11.2.c, of the Collier County 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 a public meeting and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that the petition filed by William C. McAnly of McAnly Engineering and Design, In~. representing Golf Club of the Everglades with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for the construction of 71 of the required 122 parking spaces and reserving an area for the construction of 60 additional parking spaces as shown on the attached plot plan, Exhibit "A", of the A (Rural Agricultural) Zoning District wherein said property is located, subject to the following conditions: 1. The proposed reserved parking area shall never be encroached upon, used, sold, leased, or conveyed for any purpose except for use in conjunction with the subject property and use. 2. The Planning Services Director shall determine at what time, if any, the reserved parking shall be constructed, based on the criteria in Division 2.3 of the Land Development Code. 3. The Planning Services Director may approve minor changes (such as the location of reserved parking, but not the number of reserved spaces) to Exhibit "A". BE IT RESOLVED that this Resolution relating to Petition Number PE-2000-02 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjori~M. Student Assistant County Attorney G/ad nmin/P E-2000-02/FP. dim -2- VEG F"I-A TED OPeN SPACE VEGETATED OPEN SPACE RESERVED o L~ 0 CYPRESS CANAL CONSTRUCT ALL DRIVEWAYS AND A MINIMUM 71 PARKING SPACES AND RESERVE 60 SPACES. :~ DENOTES PROPOSED RESERVED PARKING SPACES · GOLF CLUB 0F THE EVERGLADES · LEGAL DESCRIPTION .A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH, RANGE · 27 EAST. COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF OF SECTION 56, TOWNSHIP 48 SOUTH. RANGE 27 EAST~ LESS THE NORTHWEST QUARTER OF THE N. ORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER .OF SAID SECTION. " · sAID PARCEL CONTAINING 261.85 ACRES MORE .OR LESS, SUBJECT TO EASEMENTS. RESTRICTION5 AND RESERVATIONS OF RECORD· EX~4I ~nIT EXECUTIVE SUMMARY PETITION: PUD-99-27, MR. TIM HANCOCK, OF PLANNING SOLUTIONS, INC., REPRESENTING RICHARD MYERS, TRUSTEE, INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS PINE VIEW PUD FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD (C.R. 896), AND WHIPPOORWILL LANE IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 16.5-ACRES. OBJECTIVE: This petition seeks to have the subject 16.5-acre site rezoned from "A" Agriculture to "PUD" Planned Unit Development to be known as Pine View PUD that will consist of commercial retail uses. CONSIDERATIONS: The Pine View PUD is located within the Pine Ridge Road/I-75 Interchange Activity Center and establishes 5 tracts that could allow for either a single use office park or a mix of commercial and office uses. These conunercial tracts are designed around a lake and preserve area while an internal road connects Pine Ridge Road with Whippoorwill Lane. This road also interconnects with the adjacent Pine Ridge Center PUD and is intended function as a service road for all the commercial business in this quadrant of Activity Center Number 10. Should the PUD be developed as a mixed-use project, the northern third of the tracts would be for retail commercial applications, while the remaining tracts would contain a mix of office and commercial uses. The uses allowed in the proposed 240,000 square foot development (8.96-acres) are similar to the permitted uses within the adjacent commercial PUD zoning districts and with the uses permitted in the C-4 Zoning District. This includes hotel/motel uses, restaurants, banking institutions, health service facilities, fueling stations (without convenience stores) and social services excluding homeless shelters and soup kitchens. A portion of the site (4.33- acres) will contain open space areas while 2.31-acres is dedicated for the internal road. Lastly, the Master Plan indicates that the primary access to the site will be from Pine Ridge Road along with two access points from Whippoorwill Lane. The Traffic Impact Statement (TIS) indicates that the estimated site generated trips will be approximately 2,000 Average Weekday Trip Ends. These trips will not exceed 5 percent of the LOS "C" design volume on Pine Ridge Road (CR-896) or lower the capacity below any roads adopted LOS "D" or "E" standard. The Traffic Circulation Element (TCE) lists CR-896 as a 4 lane arterial road. The current traffic count for this segment fronting the project is 39,580 AADT which results in LOS "F" operation. However, this segment is scheduled to be improved to a 6-lane facility by 2001 and prior to the build-out of the project in 2007 to 2010. The subject PUD is located within an Interchange Activity Center Number 10, which is designed to be inclusive of a variety of commercial uses and activities. Activity Centers are also designed to concentrate almost all-new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development. The Pine View PUD document allows commercial uses which are authorized uses of land consistent with the intent of the Activity Centers as designated on the Future Land Use Map, therefore, it is consistent with the Future Land Use Element of the Growth Management Plan. With respect to compatibility with the adjacent land uses, the permitted uses within this proposed PUD are similar to the uses approved in the Pine Ridge Center PUD to the west and the Sutherland Center PUD to the east. To the south of the subject site is Hope Hospice Care Unit that zoned RMF-6. The property to the north across Pine Ridge Road is approved for commercial uses and is within the Activity Center. To improve the relationship and compatibility with the adjacent RMF-6 zoned land, this PUD provides a Type "B" landscape buffer (15 feet wide) along the southern property line while a 20 foot wide buffer is provided along the north and east property lines. Furthermore, all commercial/office structures will have a minimum 50-foot setback from the southern property line. Lastly, no automobile parking, homeless shelters or soup kitchens shall be permitted within this PUD. Staff is of the opinion that the relationship of the commercial uses with the residential area to the west and the ALF to the south may potentially create incompatibilities that can be mitigated by limiting commercial uses to those uses, which are less obtrusive to the nearby environment. Therefore, the land uses proposed along the southern property line shall not have any nighttime uses and be limited to low intensity retail uses (excluding restaurants). Conversely, the commercial uses in the north and central portions of the site are compatible with the adjacent commercial uses that have been approved in the adjacent commercial retail PUD's. It should be noted that the maximum height of permitted structures has been limited to 35 feet, which is basically the same height allowed in the RMF-6 zoning district. It is also less than the maximum height of 40 feet allowed in the Pine Ridge Center PUD to the west. Additionally, the PUD Master Plan provides 5 primary land use parcels on-site that are accessed from the internal access road. To ensure compatibility with adjacent land uses, the commercial structures are subject to Architectural and Site Design requirements of Section 2.8 of the LDC. The general development standards include Front Yard setbacks that are similar to the Pine Ridge Center PUD zoning district and the Sutherland Center PUD to the east. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the GMP. The project is also compatible with other approved commercial land uses in the area. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the relationship of the proposed zoning action to the FLUE. In the case at hand, and based upon the FLUE, we have an expectation that the land will be used and developed for those land uses consistent with the Activity Center Subdistrict. The proposed PUD Document also includes the same intensity of commercial uses that was approved in the adjacent commercial PUD developments to the east and west. PR. The PUD proposes a mixture of commercial uses excluding homeless shelters and soup kitchens. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within this Activity Center. ARer considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. FISCAL IMPACT: This PUD rezone petition by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved results in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 240,000 square foot commercial facility: · Fire Impact Fee: · Road Impact Fee: · Correctional Facilities · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: $0.30 per square feet under roof $2,366 per 1,000 square feet $1.0920 per square foot $0.005 per square foot of building $132 per 1,000 square feet $0.005 per square foot of building The total amount of impact fees collected at build-out will total $936,000. It should be noted that because impact fees may vary if a portion is developed with office uses. Since this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. It should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. 3 AG~._I,4DA iTF_J~ 2000 When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a cbuntywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff recommends approval of Petition PUD-99-27 subject to the conditions of approval that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Current Planning Environmental and Engineering staffs havre reviewed the petitioner's Environmental Impact Statement (EIS). The subject PUD received a waiver to the Environmental Advisory Council (EAC) heating requirement pursuant to Section 5.13.6 of the Land Development Code. Therefore the following stipulations shall be incorporated into the PUD document. A minimum of 15 percent of the existing native vegetation by area shall be preserved on site. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on June 1, 2000. They unanimously voted (8 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. They deemed this petition to be consistent with the adjacent projects and with the Growth Management Plan. It should be noted that no one objected to the proposed rezoning during the Planning Commission meeting. As a result, this petition was placed on the Summary Agenda. 4 PREPARED BY: RAY I~LLO'~V~, PRINCIPAL PLANNER CURENT PLANNING SECTION REVIEWED RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION ROB~ERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT CAUTERO, A"ICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE PUD-9%27/EX SUMMARY/RVB/rb 5 MEMORANDUM TO: FROM: DATE: RE: OWNER/AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES MAY 9, 2000 PETITION NO: PUD-99-27, PINE VIEW PUD Agent: Mr. Tim Hancock Planning Solutions, Inc. 5100 Tamiami Trail North, Suite 158 Naples, Florida 34103 Owner: Mr. Richard Myers, Trustee C/o Ed Mace 720 Goodlette Road Naples, Florida 34102 REQUESTED ACTION: This petition seeks to have the herein-described land rezoned from its current classification of "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Pine View. GEOGRAPHIC LOCATION: The property is located on the southwest comer of Pine Ridge Road (CR-896) and Whippoorwill Lane in Section 18, Township 49 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The Pine View PUD encompasses a land area of approximately 16.5-acres and is located within the Pine Ridge Road/I-75 Interchange Activity Center. The PUD Master Plan establishes 5 tracts that could allow for either a single use office park or a mix of commercial and office uses. These commercial tracts are designed around a lake and preserve area while an internal road connects Pine Ridge Road with Whippoorwill Lane. This road also interconnects with the adjacent Pine Ridge Center PUD to the west. 1 PUD MASTER PLAN PINE Should the PUD be developed as a mixed-use project, the northern third of the tracts would be for retail commercial appli. cations, while the remaining tracts would contain a mix of office and commercial uses. The uses allowed in the proposed 240,000 square foot development (8.96-acres) are similar to the permitted uses within the adjacent commercial PUD zoning districts and with the uses permitted in the C-4 Zoning District. This includes hotel/motel uses, restaurants, banking institutions, health service facilities, gas stations and social services excluding homeless shelters and soup kitchens. A portion of the site (4.33-acres) will contain open space areas.while 2.31-acres is dedicated for the internal road. Lastly, the Master Plan indicates that the primary access to the site will be from Pine Ridge Road along with two access points from Whippoorwill Lane. SURROUNDING LAND USE AND ZONING: Existing: The subject property is currently undeveloped and has varying degrees of infestation by exotic vegetation (See Photo #1). The site is zoned "A". Surrounding: North - East - South - West- Photograph #1 Pine Ridge Road & the Naples Gateway Commercial PUD (Photo #2) Whippoorwill Lane along with an existing gas station/convenience store within the Sutherland PUD (Photo #3). To the south is Hospice of Naples and zoned RMF-6. The undeveloped Pine Ride Comers commercial PUD. Photograph #2 Photograph #3 2 GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is located within the Urban Mixed Use Interchange Activity Center Sub- district as ilesignated on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A review. of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The subject PUD proposes to allow commercial and office park uses consistent with the property's FLUE designation. Interchange Activity Center #10 allows for a mixture of land uses that may include 100 percent commercial uses or any combination thereof, of each of the following uses: the full array of commercial uses, residential uses, institutional uses, hotel/motels, and Business Parks. It is also designed to concentrate almost all-new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development. The Pine View PUD document allows commercial uses, which are, authorized uses of land consistent with the intent of the Interchange Activity Centers as designated on the Future Land Use Map, therefore, it is consistent with the FLUE of the GMP. Traffic Circulation Element - The Traffic Impact Statement estimates the site-generated trips to be approximately 2,000 average Weekday trip ends after trip adjustments. These site-generated trips will not exceed 5% of the LOS "C" design volume on Pine Ridge Road (CR-896) and on Whippoorwill Lane after trip assignments are made. Furthermore, the site generated trips will not create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted LOS standard. Therefore, the proposed PUD rezone will not create or excessively increase traffic congestion on the arterial road system at build- out and complies with Policies 5.1 and 5.2, of the TCE. The Traffic Circulation Element (TCE) currently lists CR-896 as a 4-lane arterial road fronting the' site. The current traffic count for this segment fronting the project is 39,580 AADT and is operating at LOS "F". However, this segment is planned for improvement to a 6-lane facility by 2001, which is prior to the estimated build-out of this project in 2007/10. Therefore, this petition meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.4 of the TCE of the GMP. Open Space Element - The total open space (4.33-acres) includes lakes and the open space that each individual development parcel sets aside as a function of complying with setbacks, water management and design features exceeds the thirty (30) percent required by the LDC. Staff is confident that this project as designed is consistent with the open space element. Other Applicable Element{s) - These elements include utilities and water management facilities. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be deeded to the Collier County Water-Sewer District as required by County Ordinance. All water management facilities will be constructed consistent with County Ordinances and they will also be reviewed and approved as a sanction of obtaining subsequent development order approvals. Therefore, this petition is consistent with this element of the GMP. 3 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment is not required. However, this project is subject to Section 2.2.25.8.1 of the Land Development Code which requires the following: If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed this petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the staff of the Transportation Services Department. The Environmental Staff reviewed the Environmental Impact Statement (EIS) and they recommended the following conditions be incorporated into the PUD document. That 15 percent of the existing native vegetation by area shall be preserved on site, a minimum of 1.11 acres. A revegetation plan for preserved areas which are devoid of native vegetation or which may be impacted during construction, shall be submitted to Current Planning Section Staff prior to final plat/construction plan approval. The Transportation Department has also stipulated that if access is provided from Pine Ridge Road, the developer shall build a turn lane west of the Whippoorwill Lane turn lane. In addition, the developer shall reserve for purchase by Collier County, the Whippoorwill Lane right-of-way not. already acquired under the Pine Ridge Road project. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria On which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected officials. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan. 4 Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advises as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use plann'lng, refers to the relationship of the proposed zoning action to the surrounding properties. The aerial photograph below depicts the adjacent development to the cast of the subject site. The permitted uses within this proposed PUD arc similar to the uses approved in the Pine Ridge Center PUD to the west and the Sutherland Center PUD to the east. To the south of the subject site is Hope Hospice Care Unit that zoned RMF-6. The' property to the north across Pine Ridge Road is approved for commercial uses and is within the Activity Center. To improve the relationship and compatibility with the adjacent RMF-6 zoned land, this PUD provides a Type "B" landscape buffer (15 feet wide) along the southern property linc while a 20 foot wide buffer is provided along the north and east property lines. Furthermore, all commercial/office structures will have a minimum 50-foot setback from the southern property linc. Lastly, no automobile parking, homeless shelters or soup kitchens shall be permitted within this PUD. Staff is of the opinion that the relationship of the commercial uses with the residential area to the west and the ALF to the south may potentially create incompatibilities that can be mitigated by limiting commercial uses to those uses less obtrusive of a residential environment. Therefore, the land uses proposed along the southern property line should not have any nighttime uses and be lirnited to low intensity retail uses (excluding restaurants). Conversely, the commercial uses in the north and central portions of the site are compatible with the adjacent commercial uses that have been approved in the adjacent commercial retail PUD's. The maximum height of structures is 35 feet, which is basically the same height allowed in the RMF-6 zoning district. In addition, it is less than the maximum height of 40 feet allowed in the Pine Ridge Center PUD. In addition, the PUD Master Plan provides 5 primary land use parcels on-site that are accessed from the internal access road. To ensure compatibility with adjacent land uses, the commercial structures are subject to Architectural and Site Design requirements of Section 2.8 of the LDC. The general development standards include Front Yard setbacks that are similar to the Pine Ridge Center PUD zoning district and the Sutherland Center PUD to the east. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the GMP. The project is also compatible with other approved commercial land uses in the area. Relationship to Future Land Use Element: With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the relationship of the proposed zoning action to the FLUE. In the case at hand, and based upon the FLUE, we have an expectation that the land will be used and developed for those land uses consistent with the Activity Center Subdistrict. The proposed PUD Document also includes the same intensity of commercial uses that was approved in the adjacent commercial PUD developments to the east and west. The PUD proposes a mixture of commercial uses excluding homeless shelters and soup kitchens. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within this Activity Center. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Traffic - The primary vehicular access point is from Pine Ridge Road with secondary access points from Whippoorwill Lane. In view of the adequate depth and sight distance on Pine Ridge Road and Whippoorwill Lane, the access points should operate adequately subject to the appropriate permits. In addition, the PUD Master Plan provides an interconnection to the adjacent commercial development to the west which will improve traffic circulation. The Transportation Department has' stipulated that the petitioner provide adequate turn lanes off of Pine Ridge Road and arterial level street lighting at all project entrances. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) review. The GMP consistency review states that approval of this petition is consistent with policies of the TCE. Utility Infrastructure - Both a public sanitary sewer and municipal water supply are available to the property and will be extended as a consequence of future development. Potable water will be supplied by the County Water system. Connection to the County sewer system shall be to the County force main. All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Master Plan and PUD Development Standards: The Master Plan iljustrates the Land Development Code requirements relative to landscape buffers, open space, and water management. The internal street system provides connections to an arterial level road. Access to the arterial road complies with the Access Management Plan. The proposed development standards for commercial development are similar to the adjacent commercial PUD projects. Nevertheless, the relationship of the commercial uses with the RMF-6 zoned properties to the south may potentially create incompatibilities that can be mitigated by limiting commercial uses to those uses less obtrusive of a residential environment. Therefore the uses adjacent to the southern property line should be limited to low intensity retail while the remainder of the site would permit all of the proposed commercial uses. 6 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-99-27, the Pine View PUD Document and Master Plan subject to the conditions of approval that have been incorporated into the PUD Document. PREPARED BY: OWS, PRINCIPAL PLANNER PLANNING SECTION IE Y: ~'l~.~J~ ~. ~'I~6,~AICP, MANAGER PLUG SERVICES DEP~T~NT APhiD BY: CO~TY DEV. ~ E~O~E~ SVCS. Staff Report for the June 1, 2000 CCPC meeting. COLLIER,,COUN. T.Y PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUD-99-27/STAFF REPORT/RVB/rb D/ATE DATE gATE 7 FINDINGS FOR PUD PUD-99-27 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) Development of land with access to an arterial road is suitable for commercial uses. Con: Existing neighboring residents to the south may perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. o Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" m Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies 0fthe GMP. Con: None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow commercial uses that are consistent with the Future Land Use Element (FLUE) of the GMP. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to provide similar development standards as the approved PUD developments in the area. In addition, landscaping and buffering has been provided to buffer the adjacent developments. Con: None. Finding: The PUD Master Plan has been designed to opt'maize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Finding: Timing of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not/ allowed. ~ The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The subject site is located within an Activity Center. In addition, this project will not adversely impact any adopted level of service standard. Con: None. Summary~ Findine: Ability, as applied in this context, implies supporting infi'astmcture such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infi-astructure is available. e Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Findine: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-99-27/RVB/rb REZONE FINDINGS PETITION PUD-99-27 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: (i.) The subject property is located within the Mixed Use Urban Residential District and Interchange Activity Center #10 on the FLUE-of the Growth Management Plan. (ii.) Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findim, s: The subject PUD is adjacent to existing commercial zoning on the east and west sides. The Sutherland Center PUD to the east is developed with gasoline/convenience stations, restaurants and motels. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (16.6 acres) and is adjacent to an existing commercial development. EXHIBIT "B" e Con: None. Summary FindinGs: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: The boundaries are logically drawn by virtue that the subject PUD is between to approved commercial PUD developments. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved commercial land uses adjacent to the site and because of the subject PUD's relationship to the GMP is a positive one. Con: None. Summary Findings: Consistent with the FLUE and Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made as a condition of approval will go a long way towards offsetting any potential adverse influences on the residential zoned properties to the south of the project. Con: (i) The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments .... 2 .,~ Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property has access to a public road thereby providing access to the arterial road network over which traffic from this development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary_ Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findines: Every project approved in Collier County involving the utilization of land is scrutinized and required to mitigate all sub-surface drainage generated by developmental as a condition of approval. This project was reviewed for drainage, design and construction plans are required to meet County standards. e 10. 11. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the east and west. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted within the nearby projects. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning disthem (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure .that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summary. Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrenee to improvement of adjacent property. 4 12. 13. 14. 15. Whether the proposed change will constitute a grant of special privilege to an i~dividual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary_ Findines: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing residential zoned properties to the south may feel that the proposed change is out of scale with the neighborhood. Summary Findines: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. 17. REZONE The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary, Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petitions and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infzastmcture meets with GMP established relationships. FINDINGS PUD-99-27/RVB/rb APPLICATION FOR PUBLIC HEARING FOR: PUD REZON/~,-----., Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) ~ Applicant's Mailing Address C ~X£OZ civ~ s~te 72- zip Applicant's Telephone# 5(~" ~6]~... Fax# Agent's Mailing Addre~ '~g,,~0 '7"'AM/AJ~[/ Agent's Telephone # '77J.- 222q Fax # 7'74' 2~q4- COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, IF1., 34104. PHONE (941) 403-2400fFAX (941) 6436968 APPLICATION FOR I~{J~LIC HRARING FOR ~ RETUNE. ~ Disclosure of Interest Information: If the property is owned £ee simple by an IND~UAL, tenancy by the entirety, tenancy in commol~ or joint tenancy, list all paxties with an ownership interest as well as the percentage of such interest. Ct~e additional sheets if necessary). Name and Address Percentage of Ownerdrip bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Addre~ : o re 2.oz R vt. P.0. tt x AI~PLICATION FOR PU!~LIC HF_.AR!~G FOR PUD REZONE - ~ Percentage of Inm-est PAGE 2 OF 16 do If the property is in the name of a GENERAL or LIMITED PAR~RSHIP, list the name of the general and/or limited pax~ners. Name and Addxess Percentage of Ownership If there is a CONTKACT FOR PUKCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the conWact pux~hasers below, including the officers, stockholders, beneficiaries, or partners. Name and A~ Percentage of Ownership Date of Contract: If any contingency clause or contract tram involve additional individuals or office,s, ifa corporation, partn~ship, or trust. Name and Addre~ go Date subject property accluircd ~1~ leased ( ): I£ Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date APPLICkTION FOR PUBLIC HF_.~RING FQ~. PUD R!r.?.ONE - ~ Term of lcese ym./mos. and dale option PAGE 31K)F 16~ ._.~_~ .... Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-applieation meeting. NOTE: The applicant is responsible for supplylag the correct legal description If questions arise concerning the legal description, an engineers certification or sealed survey may be required. section: lB Township:5 fudge: 26, E Lot: Block: Subdivision: Plat Book Page #:~ Propew/I.D.#: Metea & Bounds Description: ~L~t~ x EI'HI81T o Size of proper~y; if. X ft. = Total Sq. Ft. Acres Address/general location of sub_ieet property_; Adjacent zoning and !and use: Zoning s w Pv P Land use APPLIC_~TION FOR PUBLIC Ialg, Z~.l~G I~OR ~ R~th'~ - ~ PAGE 4 OF 16 Does the owner of the subject property own property contiguous to the subject propea~? so, give complete legal description of entire contiguous property. attach on separate page). N0, Section: Township: Range: Lot: Block: Subdivision: If (If space is inadequate, Plat Book Page #:__ Metes & Bounds Description: Property I.D.#: Rezone Request: This application is requesting a fezone from the zoning district(s) to the "~ p zoning district(s). Present Use of the Property: ON p~]6]..O ~. Proposed Use (or ran~e ofus~) of the property: USE OFFICE Evaluation Criteria: Pursuant to Section 2.7.2.5 and See. 2.7.3.2.5 of the Collier County Land Development Code, sta~s anal)sis and recommendation to the Planning Commission, and the Planning Commi~ion's recommendation to the Board of County Commissioners shall be based upon considerat/on of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. $tattdard Rezone Considerations £LDC Section 2. 7.2. $} Whether the proposed change will be conaiatent with the goals, objectives, and polit~ and future land use map and the elements of the growth management plan. 2. The existing land use pattern. The possible creation of an isolated district unredated to adjacent and nearby d~. -' ' APPLICATION FOR PL~LIC HRARING FOR Pt,~ RF.Z~NE - fd98 PAGE 5 OF 16 Deed 10. I1. Restrictions: The Couaty is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the sub_ieet property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? }qO. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-appheation meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/," x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereoff · provisions for existing and/or proposed ingress and egress (including pedestrian regress and egress to the site and the sWucture(s) on site), · all existing and/or proposed paricing and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], * required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION I~OR PUBLIC HEARING FOR PUD REZONg - PAGE 8 OF l,~i EXHIBIT 1 LEGAL DESCRIPTION THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: THE SOUTH 60 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION l 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY TO WIT: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION, NORTH 89034'36" EAST A DISTANCE OF 1,934.64 FEET TO THE NORTHWEST CORNER OF THE PARENT TRACT AND THE POINT OF BEGINNING: THENCE RUN ALONG THE NORTH LINE OF SAID TRACT AND SECTION NORTH 89034'36" EAST A DISTANCE OF 644.88 FEET TO A POINT ON THE NORTHEAST CORNER OF SAID TRACT; THENCE RUN ALONG THE EAST LINE OF SAID TRACT, SOUTH 00029'39" EAST A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE FOR S.R. S-896 THENCE SOUTH 89027'34" WEST ALONG THE SOUTH RIGHT OF WAY LINE A DISTANCE OF 0.38 FEET; THENCE RUN ALONG SAID RIGHT OF WAY LINE SOUTH 89034'36" WEST A DISTANCE OF 619.65 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 5,804.58 FEET; THENCE RUN WESTERLY 25.00 FEET ALONG SAID RIGHT OF WAY LINE AND CURVE THROUGH A CENTRAL ANGLE 00°14'48" TO THE END OF SAID CURVE AND A POINT ON THE WEST LINE OF SAID TRACT; THENCE RUN ALONG THE WEST LINE OF SAID TRACT, NORTH 00°26'17" WEST A DISTANCE OF 149.95 FEET TO THE POINT OF BEGINNING. PUD REZONE CONSIDERATIONS The proposed development is for a combination of commercial retail and professional office Uses. The frontage along Pine Ridge Road will be developed in full or in part with convenience retail uses similar to those existing to the East and under construction to the North. One marked exception is that gas station/convenience stores like those in the immediate area have not been included as permitted uses. The land is all upland with no wetland or drainage issues and is at a natural grade that is higher than many surrounding parcels, thus requiring less fill and increasing the opportunity to preserve native vegetation on site. Access will be primarily at the intersection of Whippoorwill and Pine Ridge. This intersection is scheduled for signalization concurrent with the 6-1aning of Pine Ridge Road. A secondary right-in/right-out only access is located well to the West of the primary entrance. In addition, County water and sewer are available in the Pine Ridge R.O.W. The property, is under the ownership of Mr. Richard C. Myers, Mr. Don Brown and Father Francis Camp in the form of a trust with Richard C. Myers as trustee. At such time as 50% of the available property is legally conveyed, an association if required will be established for purposes of common area maintenance. The subject property has been located in Activity Center 10 since its creation in 1989. The property is bounded on both the East and West by zoned and/or developed commercial activity. By virtue of this property's location at a (future) signalized intersection for primary access, the Counties stated goal of locating "almost all new commercial zoning in locations where traffic impacts can readily be accommodated," The requested permitted uses are consistent with the conditions in Mixed Use Activity Center Sub-districts that allow the full array of commercial uses. By rezoning to PUD, and providing interconnection to adjacent commercial sites, this PUD furthers several goals of the Collier County Growth Management Plan. Internal compatibility, is achieved by limiting commercial activities to predominantly retail and office uses. Higher intensity uses will be located adjacent to Pine Ridge Road with internal buffers transitioning to other uses. The proposed project contains uses of equal or lesser intensity than'many uses in the area such as gas stations/convenience stores, hoteL/motel uses. fast food restaurants and the like. The proposed uses are deemed compatible by their designation in the Land Development Code as uses of C-4 intensity or less. The Conceptual Site Plan shows a 2.5-acre water management lake centrally located on the property. This central piece of open space will allow for the integration of open space into the overall project design. The project will meet or exceed the Counties minimum open space requirement. As shown in the TratT~c Impact Statement, capacity exists on Pine Ridge Road at this time for this project to move ahead. Planned improvements to Pine Ridge will only serve to improve this condition. Through providing interconnection and by planning for the future right of way for Pine Ridge Road and Whippoorwill Lane, the project is planning appropriately for future expansion. The project utilizes standard commercial setbacks and lot sizes but has offered a monument-only sign plan that trades lower height and sizes for project signage for lessened setbacks from Property lines along Pine Ridge Road. This innovative approach is intended to further improve the "gateway" designation of this Activity Center. We/I, ~IC~I~_ ~¥~'~., T~os~&-~' being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the-best of our knowledge and belie~. FVe/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be alterexf. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize ~~ to act as our/my representative in any matters regarding this Petition. Si~r~a~re' of Pr~pert~ Cf~v~ v.c/ Typed or Printed Name of O~,ner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 36 day of ~~t_~ 19 ~ , by ~ who is ~ersonal!¥ known to me or has produced as identtf :cation. State of Florida County of Collier Florida) APPLICATION !~OR PUBLIC HEARING FOR PUD RK7~NE . 5/98 (Print, Type, or Stamp Commissioned Name of Notary Public) PAGE 16 o~ 16 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COIJ.~R COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9618N; BY CHANGING TI~ ZONING CLASSICCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE VIEW; ALLOWING RETAIL, COMMERCIAL AND PROFESSIONAL OFFICE USES LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD (C.R. 896) AND WHIPPOORWILL LANE IN SECTION 18, TOWNSHlla 4.9 SOUTH, RANGE :26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 16.50-~_ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, John Cardillo, of Cardillo, Keith & Bonaquist, P.A., representing Richard C. Myers, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the hereto described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the hereto described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Flor/da, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance w~th the Pine View PUD Document attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of . , 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A~-EST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Mariorlt[ M. Student A. ssistant County Attorney g/adrmw PUD-99-27/RB/im -1- Pine View A Planned Unit Development Regulations and supporting master plan governing the Pine View PUD, a planned unit development pursuant to provisions of the Collier County Land Development Code Prepared for: Richard Myers, Trustee. Prepared by: Planning Solutions, Inc. Tim Hancock, AICP 5100 Tamiami Trail North Suite 158 Naples, FL 34103 941.403.0223 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND REPEAL: EXHIBIT "A" TABLE OF CONTENTS Pa_cle List of Exhibits and Tables Statement of Compliance & Shod Title Section I Property Ownership and Description. i ii 1. Section II Project Development. Section III Commercial Areas Plan. 5~ Section IV General Development Commitments. LIST OF EXHIBITS AND TABLES EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: PUD Master Plan Boundary Survey Conceptual Water Management Plan Typical Lake Cross Section and Typical Pavement Section STATEMENT OF COMPLIANCE AND SHORT TITLE The Pine View Planned Unit Development (PUD) consists of +/- 16.49 acres of land situated at the Southwest comer of the intersection of Pine Ridge Road and Whippoorwill Lane in Collier County, Florida. Due to the right-of-way acquisition plan for the widening of Pine Ridge Road, the developable acreage may be less than the +/- 16.49 acres identified in this document. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the County's Growth Management Plan. This compliance includes: 1. The entirety of the parcel is located within the Pine Ridge / 1-75 Interchange Activity Center, referred to as Activity Center #10 in the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial uses. The Project is allowed to request a full array of commercial and retail uses consistent .with the Collier County Growth Management Plan and the Collier County Land Development Code. The Project location, immediately Southwest of the intersection of Whippoorwill Lane and Pine Ridge Road will allow for primary access via a signalized intersection. The Project complies with the Collier County Growth Management Plan including the exclusion of Industrial use in this particular Activity Center. 5. The Project will be served by and approved by the Collier County Utilities Division. 6. The Project, as proposed, is compatible with adjacent land uses and includes adequate buffering where dissimilar land uses are located adjacent to each other. 7. Access will be provided to the Pine Ridge Center East PUD contingent upon appropriate cross access easements being recorded. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. SHORT TITLE This Ordinance shall be known and cited as the "Pine View Planned Unit Development Ordinance." SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 1.2 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of "Pine View." LEGAL DESCRIPTION The subject property being 16.49 acres, is described as: LEGAL DESCRIPTION THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: THE SOUTH 60 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY TO WIT: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION, NORTH 89034'36" EAST A DISTANCE OF 1,934.64 FEET TO THE NORTHWEST CORNER OF THE PARENT TRACT AND THE POINT OF BEGINNING: THENCE RUN ALONG THE NORTH LINE OF SAID TRACT AND SECTION NORTH 89034'36" EAST A DISTANCE OF 644.88 FEET TO A POINT ON THE NORTHEAST CORNER OF SAID TRACT; THENCE RUN ALONG THE EAST LINE OF SAID TRACT, SOUTH 00°29'39" EAST A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE FOR S.R. S-896 THENCE SOUTH 89°27'34" WEST ALONG THE SOU'I~ RIGHT OF WAY LINE A DISTANCE OF 0.38 FEET; THENCE RUN ALONG SAID RIGHT OF WAY LINE SOUTH 89°34'36" WEST A DISTANCE OF 619.65 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHERLY AND HAVING A RADIUS OF 5,804.58 FEET; THENCE RUN WESTERLY 25.00 FEET ALONG SAID RIGHT OF WAY LINE AND CURVE THROUGH A CENTRAL ANGLE 00°14'48" TO THE END OF SAID CURVE AND A POINT ON THE WEST LINE OF SAID TRACT; THENCE RUN ALONG THE WEST LINE OF SAID TRACT, NORTH 00°26'17" WEST A DISTANCE OF 149.95 FEET TO THE POINT OF BEGINNING. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Richard Myers, Trustee C/o Mr. Ed Mace, CPA 720 Goodlette Road North Suite 202 Naples, FL 34102 Reverend Francis J. Kamp, SVD P.O. Box 6000 Techny, IL 60082 Mr. Don Brown 528 Northwood Drive Akron, OH 46307 1.4 GENREAL DESCRIPTION OF PROPERTY AREA The Project site is located in Section 18, Township 49 South, Range 26 East, more commonly known as immediately South and West of the intersection of Pine Ridge Road and Whippoorwill Lane in Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Document was (A) Agriculture. 1.5 PHYSICAL DESCRIPTION 1.6 The project site is located within the Gordon River Basin. Flows reach the Gordon River via the 1-75 Canal and the Golden Gate main canals. · Water management facilities for the proposed project are planned to be of the lake retention type supplemented by dry detention on individual building sites. Elevations within the project site generally range from 10.5 to 11.5 feet above mean sea level. Based on preliminary site borings, the depth to bedrock in the area varies from some 8.5 feet to more than 11.5 feet. The entire site is in Flood Zone X according to Firm Panel 120067 0425D. The soil types on the site include Oldsmar Fine Sand. PROJECT DESCRIPTION The project will consist of +/-16.49 acres of commercial and/or professional office development. The site plan has been configured to take advantage of the location within an existing Interchange Activity Center and to maintain market flexibility for future development. The plan allows for either a single use development or multiple uses on the property. Should the property be developed as a stand-alone project, the Northern third of the site is most appropriate for retail commercial applications, while the rear 2/3 of the site will contain a mix of retail and office uses. The property may also be combined with similarly zoned parcels to the West for a common development purpose. 2.1 2.2 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. GENERAL Regulations for development of Pine View shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application, All conditions imposed and all graphic material presented depicting restrictions for the development of Pine View shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. The petitioner's property is located outside an area of historic/archaeological. probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ? 2.3 2.4 2.5 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES ao The Project Development Plan, including layout of streets and use .of land for the various tracts, is iljustrated graphically by Exhibit "E," PUD Master Plan. Necessary water management lakes or detention areas and the general configuration of street rights-of-way, are also iljustrated by the PUD Master Plan. COMMERCIAL AND RETAIL AREAS COMMON AREAS WATER MANAGEMENT ROADS / ROW 8.96 acres 2.00 acres 2.33 acres 3.21 acres Total: 16.50 acres RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or Dart of the PUD, final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "E", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land, as provided in said Division, prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OF PUD MASTER PLAN Amendments may be made to the PUD in accordance with Section 2.7.3.5 of the Collier County Land Development Code. 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said Development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. SECTION III COMMERCIAL AREAS PLAN 3.1.1 3.2 3.3 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated as "C" Commercial on the PUD Master Plan (Exhibit "E".) DEVELOPMENT EMPHASIS The subject property is wholly contained within Activity Center #10, as identified in the Collier County Growth Management Plan. Whippoorwill Lane and an automobile service station with convenience store border it on the East. The Westem property line borders the Pine Ridge Center East PUD, which is joined via future access connection to the Pine Ridge Center West PUD. Both PUDs contain uses ranging in intensity from C-1 to C-4 zoning as contained in the Collier County Land Development Code. The subject property is permitted a full array of commercial uses as indicated in the Growth Management Plan, and as such, this document and the uses contained herein are consistent with the Collier County Growth Management Plan. USES PERMITTED No building or structures or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: a. Permitted Uses 1. Amusements and recreation services, indoor (groups 7911-7941,7991- 793,7997,7999). 2. Apparel and accessory stores (groups 5611-5699). 3. Auto and home supply stores (5531). 4. Automotive repair, services, parking (groups 7514, 7515,7521) 5. Building Materials, hardware and garden supplies (groups 5231-5261). 6. Business Services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7384, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 7. Commercial printing (2752, excluding daily newspapers). 8. Communications (groups 4812-4841) except communication towers. 9. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the location requirements of Section 2.6.10 of the Land Development Code. 10. Engineering, accounting, research, management and related services (groups 8711-8748). 11. Food stores (groups 5411-5499). 12. Fueling locations without convenience commercial uses, only when located with another permitted use. No diesel fuel sales. 13. General merchandise stores (groups 5311-5399). 14. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to state statute 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to state statute 651 F.S. and ch. 4-193 F.A. Co; all subject to Section 2.6.26 of the Land Development Code. 15. Health services (groups 8051-8059, 8062-8069, 8071, 8072, 8092-8099). 16. Home furniture, furnishing and equipment stores (groups 5712-5736). 17. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 18. Miscellaneous repair services (groups 7629-7631). 19. Miscellaneous retail (groups 5912-5963, except pawn shops, 5992-5999). 20. Non-depository credit institutions (groups 6111-6163). 21. Paint, glass and wallpaper stores (5231). 22. Personal services (groups 7211, 7212, 7215-7217, 7219, 7221-7251, 7261 except crematories, 7291-7299). 23. Public administration (groups 9111-9199, 9229, 9311,9411-9451, 9511- 9532, 9611-9661). 24. Retail nurseries, lawn and garden supply stores (5261). 25. Real estate (group 6512). 26. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 27. Veterinary services (groups 0742, 0752 excluding outside kenneling). 28. Videotape rental (7841). 29. United States Postal Service (4311 except major distribution centers). 30. Any other general commercial use that is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD. Accessory Uses Uses and structures that are accessory and incidental to the uses permitted as of right in this district. Caretakers residence, subject to Section 2.6.16 of the Land Development Code. 3.4 DEVELOPMENT STANDARDS Minimum Lot Area: 10,000 square feet. Minimum lot width: 100 feet. Minimum Yard Requirements: 2. 3. 4, Along Airport Road: Along Whippoorwill Lane: Along South property line: Along Western property line: 25 feet. 25 feet. 50 feet. 25 feet. Minimum Yards (internal): 1. Front yard: 15 feet. 2. Side Yard: 10 feet 3. Rear Yard: 20 feet. 4. Waterfront: 25 feet. Maximum height: Minimum floor area: 35 feet. 700 square feet gross floor area on ground floor. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. Landscaping: As required in Division 2.4 of the Collier County Land Development Code. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential nor shall lighting be located within 200 feet of residential property. Signs: Project signage will comply with Division 2.5 of the Collier County Land Development Code. The property owner may, at his/her discretion utilize the following signage criteria for ground or pole signs in place of the requirements of Division 2.5 of the Land Development Code, but must employ it for the entirety of the project to ensure consistency: 1. Signage along Pine Ridge Road will be limited to one sign for each parcel fronting the roadway and one sign at each entrance to the project. These signs will be limited to monument signs no more than 8 feet above finished grade of the site and no more than 100 square feet total in area. 2. Due to the reduction in height from that allowed in the Land Development Code, monument signs along Pine Ridge Road shall be allowed a setback of 0' or 5 feet from the property line. Minimum sight triangles must be maintained per County Code and "break-away" mounts will be utilized if deemed necessary by the Transportation Services Director. 3. Signage along Whippoorwill Lane will be limited to one monument sign at each project entrance. The maximum height of these signs will be 6 feet with a maximum size of 80 square feet. The allowable setback is 5 feet from the right-of-way but must meet minimum sight triangles as established by County Code. 4. Internal signage not located on buildings will be limited to one monument sign per parcel of record. Each sign shall be no more than 6 feet in height and 60 feet in area. Minimum setbacks from internal roads shall be 10 feet from back of curb or edge of pavement. 5. All other sign requirements of Land Development Code Division 2.5 remain the same. Architectural and site design standards. All commercial buildings and projects shall be subject to the provisions of Division 2.8 of the Land Development Code. Off site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If a surplus of earthen material exists, then its off-site disposal is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a 'development excavation" pursuant to Division 3.5 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. 4.1 4.2 4.3 4.4 SECTION IV DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assigns, shall follow the Master Plan and the regul~3tions of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by commitments within this document. PUD MASTER PLAN Exhibit "E", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION The Project is proposed to start construction of infrastructure in the fall of 2000. Should the Project not develop in a single phase, the absorption of the entire Project is based upon a mix of office and retail uses and is estimated to take seven to ten years. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Common areas, including areas devoted to water management facilities will be dedicated to a common property owners' association, if applicable, for purposes of maintenance and care. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS bo Section 3.2.8.4.16.5 of the Land Development Code Street dght-of way: Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a right-of-way width of 50 feet. Pavement width shall be a minimum of 24 feet for two-way traffic. Section 3.5.7.1.2 of the Land Development Code Internal roads that run parallel to water management lakes or detention areas shall be located a minimum of 20 feet from the top of bank or control elevation, whichever is greater. Section 3.2.8.3.17 of the Land Development Code In the event of multiple lots within the development, sidewalks will be provided on one side of intemal roadways in order to provide pedestrian access to and from out-parcels and pedestrian facilities along Pine Ridge Road and Whippoorwill Lane if installed prior to build-out of this project. 4.6 TRANSPORTATION All accesses and roadways not located within County right-of-way will be privately maintained by an entity created by the project developer or his assigns. Direct access to Pine Ridge Road will be limited to one right-in/right-out only access. If this access point is provided, the developer shall build a turn lane west of the Whippoorwill Lane Turn lane as depicted in the Collier County Pine Ridge Road six-laning plans. The developer shall convey to Collier County at no cost compensating right-of-way for the area occupied by the turn lane. Within this right-of-way the developer shall reconstruct the storm water treatment area as depicted on the Collier County Pine Ridge Road sixolaning plans. Access onto Whippoorwill Lane will be limited to two (2) locations generally indicated on "Exhibit E", PUD Master Plan. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of Commissioners. An Eastbound turn lane is required on Pine Ridge Road. A minimum of 12 feet of right-of-way for the turn lane shall be dedicated to Collier County prior to the issuance of any certificate of occupancy. No Impact Fee credits will be considered for this dedication. The developer shall reserve for purchase by Collier County, at its market value as of the effective date of this ordinance and without severance damages, 40 feet of property along the eastern boundary of the PUD for Whippoorwill Lane (less that right-of-way previously condemned as part of the Pine Ridge Road right-of- way acquisition project). No improvements, nor any portion of the project's storm water management system shall be designed for placement in the proposed right-of-way. Market value will be estimated by an appraiser from the list of appraisers pre-qualified for real estate appraisal assignments and approved by Collier County. 10. 4.7 4.8 4.9 4.10 4.11 WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency and shall be reviewed and permitted by the SFWMD unless dedicated to Collier County by SFWMD. UTILITIES ao County water service is available via a 12" water main located along Pine Ridge Road. The developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. County sewer service is available via an 8" force main located along Pine Ridge Road. The Developer is responsible for providing the necessary connections to supply the site with County sewer service. All facilities extended to the site and which lie in platted rights-of-ways shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17. and all federal, state and other existing rules and regulations. ENGINEERING ,a. If the property is subdivided into two or more parcels, a plat shall be required. Work within Collier County rights-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. ENVIRONMENTAL An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. For this site a minimum of 15 percent of the existing native vegetation shall be preserved onsite, a minimum of 1.11 acres. A re-vegetation plan for preserve areas which are devoid of native vegetation or which may be impacted during construction, shall be submitted to Current Planning Section Staff prior to final plat/construction plan approval. An exotic vegetation, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. LANDSCAPING FOR OFF-STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 11. PUD MASTER PLAN (~.R. Sqb) PINE RII;G.~RD~P (St¥.LA~E) /~ .r-- E ....iBIT " EXHIBIT "B" - BOUNDARY SURVEY 960 'bI'$OVO~ .",lOOI~ 3NId EXHIBIT "C" - CONCEPTUAL WATER MANAGEMENT PLAN PROPOSED 20' WIDTH VARIES 20' PROPOSED - . £ -~. SLOPE VARIES ~ 1 ~ D.S.W.T. ELEV. 6.50 FT. NGVD 1 ~- __ ELEV..6.50 FT.. NGVD / BOT. ELEV. (-)11.50 FT. NGVD TYPICAL LAKE SECTION N.T.S. 50'. RIGHT-OF-WAY . I . lO' =~= lO' _- 1' jl' SOD I __ J --1-1/2" ASPH. CONC. 4" CONC. SIDEWAL J(TYP.) ' /--2' CONC. V,,~LLEY / '1 (PE S-Ill / /(]UTTER (TYI.) / · L1.2,~ S..T.A~B: BASE OR L.B.R. 100 12" STAB. SUB-BASE MIN. 98% DENSITY, F.B.V. 75 OR L.B.R. 100 NOTE: 3/4" ASPHALTIC CONCRETE SHALL BE PLACED INITIALLY, PRIOR TO PRELIMINARY SUBDIVISION ACCEPTANCE. THE REMAINING ,~/4" SHALL BE PLACED UPON COMPLETION OF RESIDENTIAL SITE IMPROVEMENTS. TYPICAL PAVEME.NT SECTION FOR 50' R.O.W. N.T.S. 50FTRWSC.DWG ;OASTAL ENGINEERING CONSULTANTS, INCJ L & CIVIL ENGINEERS' PLANNERS" SURVEYORS' GEOLOGISTS 17595 S. TAMiAMI TR., STE. ill(T2 ' F~ MYERS, FL. 33908 {~q 5~oa · FAX (94~) 59e-99o9 · ~-~U~L: ~.c~m RICHARD C. MYERS PiNE VIEW PUD - EXHIBIT D TYPICAL SECTIONS EXECUTIVE SUMMARY PUD-89-06(4), GEORGE L. VARNADOE, ESQ., OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING HALSTATT PARTNERSitlP AND NAPLES GOI. F COURSE t!OLDINGS, LTD., REQUESTING AN AMENDMENT TO THE GREY OAKS PUD HAVING TIlE EFFECT OF REZONING THE PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE PURPOSE OF RELOCATING AUTHORIZED COMMERCIAL DEVELOPMENT BETWEEN TIlE NORTHEAST AND NORTHWEST ACTIVITY NODES WItlLE REDUCING THE ACREAGE OF TOTAL COMMERCIAL AREA BY 15.6 ACRES; REDUCING THE NUMBER OF DWELLING UNITS BY 300; REVISIONS TO GOLF COURSE ACREAGE AND WATER MANAGEMENT FACILITIES REVISION TO ACCESS POINTS AND ELIMINATION OF AIRPORT-PULLING ROAD AND GOLDEN GATE PARKWAY OVERPASS, FOR PROPERTY LOCATED IN THE NORTHEAST, SOUTHEAST AND NORTHWEST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 2~ AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601+ ACRES. (COMPANION TO DOA-2000-03) OBJECTIVE: This petition proposes to amend the Grey Oaks PUD having the effect of revising the Master Plan tc redefine the size and configuration of the commercial area on the northwest comer of Airport-Pullin~ Road and Golden Gate Parkway, and the layout of future residential tracts and golf course for the northwest quadrant, and to revise the Land Use Summary table showing the effect of acreage, fioo~ area, and density revisions as iljustrated on the Master Plan, resulting from companion DRI revisions Additionally, revision is proposed to the access management plan as depicted by access point., iljustrated on the Master Plan including the proposal to eliminate internal road grade separations witl' Airport-Pulling Road and Golden Gate Parkway. Otherwise revisions to the PUD deal with updatin,~ references to county regulations and exhibit maps. CONSIDERATION: The Grey Oaks DRI/PUD is located on the northwest (city), northeast and southeast quadrants o Airport-Pulling Road and Golden Gate Parkway, consisting of a total of 1601 acres. Revisions to the PUD are being made to toiloct tile decision to transf'cr authorized commercial development fi'om the northwest quadrant to tile northeast quadrant of Airport Road and Golden Gate Parkway. These revisions arc reflected in tile Land Use Summary fable as tBIlows: TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County) Residential (!936 1136 traits) Commercial/Office (95,5,09! 1,203,091 S.F.G.L.A.) Hotel (250 Rooms) Golf Course/Recreation/Park/Right-o f-Way Conservation/Lake/Water Mal~agcnmnt Sub-Total 310.9+ 90.4 70.4+ 20.04- 609.32± 236.78+ 1,247.4 Northwest Quadrant (City' of Naples) Residential (764 464 units) Commercial/Office (347,000 100,000 S.F.G.L.A.) Golf Course/Recreation/Park/Right-o f-Way Conservation/Lake/Water Management ! 22.0 108± ~n n 14.4± !!5.4 100.5± 86.,6 131.1::t: Sub-Total 354.0 Note: All acreage's are digitized approximate acreage's and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial/office square footage of-9.-564394- 1,203.091 S.F.G.L.A. The above revisions primarily impact the land use plan for the northwest quadrant and consequent13 the amendment requires replacing the current master plan with a new master plan. A key element o: the revised Master Plan is the revision to access roads from Golden Gate Parkway in particular, ant Airport-Pulling Road including the elimination of planned grade separations for two internal roads With minimal exception, Master Plan changes have primarily internal impacts. Therefore, an} discussion of external land use conditions is irrelevant. Only in one small area is the relationship to an external boundary changing, and that is with respect t( the rear portion of lots fronting on the south side of Coach House Lane where the relationship is mor~ one of a residential development than a golf course as currently approved. With one exceptira development standards remain the same, that exception being a provision to allow patio structure type to develop according to a three (3) foot side-yard setback with the opposite side being seven (7) fee and for a consistent application of that standard throughout the tract once initiated. /72 FISCAL IMPACT: The revisions to the PUD do not change the way the current PUD impacts its external environmen The current PUD remains unchanged relative to development commitments which address to th degree they are applicable interface public costs such as road widening, off-site drainage, traffic lights, median openings, turn-lanes and similar costs which have a public cost sharing aspect to them. The proposed reduction in dwelling units will result in less impact fees attributable to the number o authorized dwelling units. However, it should be appreciated that there was no guarantee that th number of authorized dwelling units prior to the revision would have been constructed in any event a this is market driven relative to the demand for single-family homes versus multi-family units. Th, greater the demand for single-family homes the less likely the number of units authorized xvill b, achieved. GROWTH MANAGEMENT PLAN IMPACT: The revisions proposed to the current PUD have no effect on consistency relationships. To th~ contrary, there is some diminution in density resulting from a reduction of 300 dwelling units to tota authorized units. This in turn will decrease demand on several consistency thresholds. Nothing ha: occurred since the original adoption to create any inconsistency relationship to any element of th{ GMP. The proposed revisions do not result in land uses that are inconsistent with the Future Lan,., t. Js¢ Elements. Commercial land use adjustments remain within "activity center" designations and in fac commercial land use area will be reduced by 15.06 acres, even though there is no diminution in tota commercial floor area for xvhich there are no required threshold ratJo's. Activity center space can b{ used for urban residential mixed uses. The remaining affected northwest quadrant is consistent witl: the urban residential mixed-use designated area; therefore, land uses are consistent xvith the FLUE tc the GMP. Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment: The ITE Trip Generation Manual indicates that the proposed amendment will result in a decrease in the overall external trips generated by this DRI/PUD development. Based on the analysis contained in the TIS, an estimated 7 percent reduction in trip generation during the peak hour and a reduction between 4 percent and 14 percent are estimated on a daily basis as compared to the currently approved DRI Therefore, the difference between the proposed site generated traffic and the currently approved site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" desigr volume) on any county or state road. PLA, NING STAFF RECOMMENDATION: Planning staff recommended approval of Petition PUD-89-06(4) to the Collier County Planning Commission, a petition to amend the Grey Oaks PUD as described by the amended PUD Document and Master Plan. EAC RECOMMENDATION: The EAC docs not review and comment on whatever essentially are amendments to existing development ordcrs and where no additional land is being impacted. Nevertheless, environmental planning staff do review PUD Master Plan changes to ensure the integrity of original stipulatiok~s relative to ' ' p~ escrwng vegetative communities. PI.ANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 1, 2000. They unanimously (8 to 0) recommended approval of the revised PUD and Master Plan as reflected by the Ordinance for adoption and exhibits (i.e. PUD Document and Master Plan). PREPARED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBE~TJ. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR AP~O~EDBY:, t /5 -.., VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE g/admin/PUD89-06(4) EX SUMMARY/RN/im lT.D AGENDA ITEM 7-I MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNTNG COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL MAY 16, 2000 PETITION NO: PUD-89-6(4), GREY OAKS (COMPANION TO DOA-2000-03) SERVICES O%VNER/AGENT: Agent: George L. Varnadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Owner: Halstat/Partnership 2600 Golden Gate Parkway Naples, FL 34105 Naples Golf Course Holdings, Ltd. 4200 Gulfshore Blvd. N Naples, FL 34103 REQUESTED ACTION: This petition proposes to amend the Grey Oaks PUD having the effect of revising the Master Plan to redefine the size and configuration of the commercial area on the northwest corner of Airport Road and Golden Gate Parkway, and the layout of future residential tracts and golf course for the northwest quadrant, and to revise the Land Use Summary table showing the effect of acreage, floor area, and density revisions as iljustrated on the Master Plan and resulting from companion DRI revisions. Additionally, revision is proposed to the access management plan as depicted by access points iljustrated on the Master Plan. GEOGRAPHIC LOCATION: The Grey Oaks DRI/PUD is located on the northwest (city), northeast and southeast quadrants of Airport Road and Golden Gate Parkway, consisting of a total of 1601 acres. (See location map on following page) .( PURPOSE/DESCRIPTION OF PROJECT: Revisions to the PUD are being made to reflect the decision to transfer authorized commercial development from the northxvest quadrant to the northeast quadrant of Airport Road and Golden Gate Parkway. These revisions are reflected in the Land Use Summary. table as follows: TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County.) Residential (I 935 1136 units) Commercial/Office (95~,99! 1.203.091 S.F.G.L.A.) Hotel (250 Rooms) Golf Course/Recreation/Parlo'Right-o f-Way Conservation/Lake/Water Management Sub-Total 310.9± 90.4 70.4± 20.0± 609.32± 236.78± 1,247.4 Northwest Quadrant (City of Naples) Residential (764 464 units) Commercial/Office (347,090 100.000 S.F.G.L.A.) Golf Course/Recreation/Park/Right-o f-Way Consep,'ation/Lake/Water Management Sub-Total 122.0 108_± 30.9 14.4+ 115.4 100.5± $5.6 131.1± 354.0 Note: All acreage's are digitized approximate acreages and are subject to change and variation. Note: I'he Northeast Quadrant shall have a total commercial/office square footage of 956.09! 1.203.091 S.F. G.L.A. 2 ;%!:\.%'I'EI~ I'I~AN REVISIONS T() TIlE NORTItXVEST QI'AI)RANT :\IIE REPRESENTEl) AS I:OIAA)XVS: EXISTIN(; PROPOSED 3 EXISTING AND SURROUNDING LAND USE AND ZONING: With minimal exception Master Plan changes have primarily internal impacts. Therefore, any discussion of external land use conditions is irrelevant. Only in one small area is the relationship to an external boundary. changing and that is xvith respect to the rear portion of lots fronting on the south side of Coach House Lane, where the relationship is more one of residential development, than a golf course as currently approved. GROWTH MANAGEMENT PLAN CONSISTENCY: The revisions proposed to the current PUD have no effect on consistency relationships. To the contrary,, there is some diminution in density resulting from a reduction of 300 dwelling units to total authorized units. This in turn will decrease demand on several consistency thresholds. Nothing has occurred since the original adoption to create any inconsistency relationship to any element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probabili~ as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavt or other construction activity any historic or archaeological artifact is found, all development xvithin the minimum area necessary, to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENWIRONT~iENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been revie~ved by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Comprehensive Planning staff, Engineering staff, and Public Works Engineering. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions, these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. Public Works engineering staff has advised of certain drainage requirements and right-of-way reservations that will be required by the proposed grade separation between Airport Road and Golden Gate Parkway. ANALYSIS: Given the narrow focus of changes to the Grey Oaks PUD document, staff is of the opinion that the findings required of PUD rezones and conventional rezones does not apply. Staff analysis is only concerned with relationships to elements of the GMP required by these revisions, noting that for the most part the changes only have internal impacts. 4 Nevertheless. staff will confirm that applicable GMP elements remain consistent. which are as Iblloxvs: I.ANI) I'SE/DENSITY/INDENSITY: The proposed revisions do not restilt in land uses that are inconsistent with the Future Land Use Elements. Commercial land use adjustments remain within "activiw center" designations and in fact commercial land use area will be reduced by 15.06 acres, even though there is no diminution in total commercial floor area for which there are no required threshold rano's. Activity center space can be used for urban residential m~xed uses. The remaining affected northwest quadrant is consistent with the urban residential-mixed use designated area: therefore, land uses are consistent with the FLUE to the GMP. TRAFFIC: Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment: The ITE Trip Generation Manual indicates that the proposed amendment xvill result in a decrease in the overall external trips generated by this DRI/PUD development. Based on the analysis contained in the TIS, an estimated 7 percent reduction in trip generation during the peak hour and a reduction between 4 percent and 14 percent are estimated on a daily basis as compared to the currently approved DRI. Therefore, the difference between the proposed site generated traffic and the currently approved site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on any county or state road. The revised Master Plan is consistent with the applicable policies of the Growth Management Plan. However, the internal vehicular overpass across Airport-Pulling Road connecting the northwest quadrant to the northeast quadrant is being proposed for elimination. Because of the proposed reduction in density, along ~vith a reduction of commercial area in the northwest quadrant, the internal road overpass connection should no longer be necessary. Staff further opines that the extent of social interaction between the east and west sides of Airport Road does not justify the expenditure of a grade separation xvhich may visually be unproductive. Interconnectivity: Regarding the potential for interconnectivity, staff opines that development between Airport Road and Livingston Road is represented by a private road system that at this point in time makes impractical any consideration for a public road providing interconnectivity to the areas lying west of Airport Road to travel through Grey Oaks to get to Livingston Road. Interconnectivity is further impractical because any such consideration should have been based upon a plan to provide continuous interconnectivity between the N. Tamiami Trail and Livingston Road. Nevertheless, one should appreciate that Grey Oaks takes in two entire sections, and thus, provides its residents with alternative ways of accessing the County's arterial road system. To that extent the master plan for Grey Oaks does exhibit aspects of interconnectivity. Appropriate modifications have been made to the PUD commitment section to account for requirements to facilitate a future grade separation at Airport Road and Golden Gate Parkway to include right-of-way reservations and drainage improvements. /7 5 OPEN SPACE AND NATURAL RESOURCE CONSIDERATION: Revision to the Master Plan and Summary of Land Use Table advise that the total area set aside for Lakes. Water Management and Preservation will increase by 101.18 acres. an increase of approximately six (6%) percent over that acreage that was previously deemed consistent with threshold requirements. MASTER PLAND AND PUD DOCUMENT: Revisions to the Master Plan deal with a new residential golf course designed Community at the northwest quadrant and revision to the access management plan from internal roads to the County's arterial road system. None of these changes are determined to have an adverse effect on any public interest, welfare or safety considerations. The amendments do not include any proposed change to development standards or permitted land uses. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-89-6(4) as described by the Ordinance for Adoption and Exhibits thereto (i.e. PUD Document and Master Plan). PREPARED Ii,'~: RpNALD F. CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPR~ ' VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. o IJATE Petition Number PUD-89~6(4) Staff Report for the June 1, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g,admin,'PUD-89-6(4) STAFF REPORT/'RN/im 6 I)F/F1TION NI IMFIl!R DATE APPLICATION FOR PUBLIC ItEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Halstatt Partnership Applicant's Mailing Address 2600 Golden Gate Parkwav City Naples State FL Zip 34105 Applicant's Telephone Number: (941) 262-2600 Name of Applicant(s) Naples Golf Course Holdings. Ltd. Applicant's Mailing Address City , Naples 4200 Gulfshore Boulevard North State FL Zip 34103 [] No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation. so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity.. so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Applicant's Telephone Number: (941) 261-6100 Is the applicant the owner of the subject property'?[] Yes (a) __ (b) x (c) __ (d) __ (e) -1- /? 2. Name of Agent George L. Varnadoe Finn Agent's Mailing Address City Naples Agent's Telephone Number: PUD Ordinance and Number: #96-82, as amended bv Ord #98-94 Young, van Assenderp, Varnadoe & Anderson. P.A. 801 Laurel Oak Drive. Suite 300 State FL Zip 34108 (941) 597-2814: fax: (941) 597-1060 Grey Oaks PUD, Ord #90-48, as amended bv Ord. (Previously amended by Ordinance #'s Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property. involved in each district: if property, is odd-shaped. submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description. an engineer's certification shall be required. Section 24, 25.26 Township 49 South Range 25 East Please refer to Section 1.02 of the PUD Document Address or location of subject property,: Northeast, southe. ast, and northwest quadrants of the intersection of Airport Road and Golden Gate Parkway Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) No -2- 7. 10. Type of Amendment: A. PUD Document Language Amcndment x B. PUD Master Plan Amendment C. Development Order Language Amendment Does amendment comply with the comprehensive plan: If no, explain: [] Yes [] No Has a public hearing been held on this property within the last year? If so, in whose name'? No Petition Number: Date: Has any portion of the PUD been x sold and/or x developed? Are any changes proposed for the area sold and/or developed'? If yes, describe. (Attach additional sheets if necessary.) No changes are proposed for areas that have been developed. -3- AFFIDAVIT We. Juliet C. Sproul, Authorized Agent for Halstatt Partnership: and Scott Lutgert. President. Naples Golf Course Holdinas: Ltd,. being first duly sworn, depose and say that Halstatt Partnership and Naples Golf Course Holdings, Ltd. are the owners of the propert3' described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledgeand belief. We understand this application must be complete and accurate before a hearing c~ &, be advertised. We further permit the undersigned to act as our representative in any matters re irding this Petition. ~-~'~gn~'u~e of 6wner Juliet C. Sproul Siga~; f~nt George L~amadoe Signaj) Sc~ ~tgert STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this 144D day of rI~O_VCU) , 2000, by ,ao[ }'C~VC ~~ ~ , ~vho is personally ~o~ to me or who has produced as identification and who did (did no~ take an oath. ...... . . I~ -~ ~ . , ~ toignmmc u~u~mv Public) STATE OF FLO~DA / ~o ~-aa. ~v.~:-c~ ~ CO~TY OF COLLIER ~e foregoing Application was ac~owledged before me this /X day of , 2000, by ~C~ hccPa. e.r~ , who is p~o~ to me o~ whys produced ~s identification and who~&d (ff~ ~t~take an oath. PAME~ SUE SCHUL~ -~~. / i . , - NOTARY PUBLIC, STA~ OF ~[ ~ la~gnat~ff ofNo~u Pubhc) /7. lqi'l'l'I'lON N! ;.MBI!R DATF. APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDSlENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES .... Name of Applicant(s) Halstart Pannership 2600 Golden Gate Parkway State FL Zip 34105 Applicant's Mailing Address City Naples Applicant's Telephone Number: (941) 262-2600 Name of Applicant(s) Naples Golf Course Holdings. Ltd. Applicant's Mailing Address City Naples State FL Applicant's Telephone Number: (941) 261-6100 Is the applicant the owner of the subject property'? ~ (a) ~ (b) x (c) ~ (d) __ (e) 4200 Gulfshore Boulevard North Zip 34103 [] Yes [] No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation. so indicate and name officers and major stoc 'kholders below. If applicant is a partnership, limited pannership or other business entity. so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. ~ (f) -!- 2. Name of ,,\gent Geor~oe L. Varnadoe Firm Youne~, van Assenderp, Varnadoe & Anderson. P.A. 801 Laurel Oak Drive. Suite 300 State FL (941) 597-2814: fax: Agent's Mailing Address City Naples Agent's Telephone Number: Zip 34108 (941).597-1060 PUD Ordinance and Number: Grey Oaks PUD, Ord #9048, as amended by Ord. #96-82, as amended by Ord #98-94 (Previously amended by Ordinance #'s ) Derailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district. include separate legal description for property involved in each district; if property. is odd-shaped. submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description. an engineefts certification shall be required. Section 24, 25, 26 Township 49 South Please refer to Section 1.02 of the PUD Document Range 25 East o Address or location of subject property: Northeast, southeast, and northwest quadrants of the intersection of Airport Road and Golden Gate Parkwav Does property owner own contiguous property to the subject property? If so. give complete legal description of entire contiguous property. (If space is inadequate. attach on separate page.) No I0. Type of :\mcndment: x :\. PUD Document Language Amendment x B. PUD Master Plan Amendment x C. Development Order Language Amendment Does amendment comply with the comprehensive plan: If no. explain: [] Yes [] No Has a public hearing been held on this property within the last },ear'? If so. in whose name'? No Petition Number: Date: Has any portion of the PUD been x sold and/or x developed'? Are any changes proposed for the area sold and/or developed? If yes, describe. (Attach additional sheets if necessa~.) No changes are proposed for areas that have been developed. -3- AFFIDAVIT We. Juliet C. Sproul, Authorized Agent for Halstart Partnership, and Scott Lutuert Presidt Naples Golf Course Holdinu;s. Ltd.. being first duly sworn. depose and say that Halstart Pannership and Naples Golf Course Holdings, Ltd. are the owners of the property' described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application. and all sketches. data. and other supplementary matter attached to and made a part of this application. are honest and true to the best of our knowledgeand belief. We understand this application must be complete and accurate before a hearing cg~fi be advertised. We further permit the undersigned to act as our representative in any matters re~farding this Petition. Juliet C. Sproul S i'~at~'~ f'~ ~'~'nt George L.~arnadoe Signat,) Sc~ utgert STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this 144D day of ['T~V'C["~ ,, 2000, by ',.-)C)[ fC~(' ~'~r©t.3 1 , who is personally known to me or who has produced as identification and who did (did noj~ take an oath. i- i-d,,,," %(? }ck r. ig -~:$~ = , , '.-' i t g eo~ota~Public) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me th!s, ~ day of ~LC.I"N-. 2000. by ~f~.£qo/- ],..cc'~c~.e. F'~" , ~vho is pgr. sonmL~-~nown to me o~- wh~has produced '"-Das identification =d who,d (did noOake an oath. . ¢~.u%t,ucE,{c.2~o%~ ~SignamrdofNot~w Public) /7 ~)RDINANCE 2000- .\N ORDINANCE .\MENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTT I.AND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTT. FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 9524N. 9524S. 9525N, 9525S AND 9526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GREY OAKS PUD, FOR PROPERTY LOCATED IN THE NORTHEAST, SOUTHEAST AND NORTHWEST QUADRANT OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 16014- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98~94, THE FORMER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATE. \~q-IEREAS, George L. Vamadoe, Esq., of Young, van Assenderp, Vamadoe and Ande P.A., representing the Halstart Partnership, petitioned the Board of County Commissioners to ck the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COU COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Sections 24, 25 26. Township 49 South, Range 25 East, Collier County, Florida. is changed from "PLrD" to "P Planned Unit Development in accordance with the PUT) Document. attached hereto as Exhibit which is mcorporated herein and by reference made part hereof. The Official Zoning Atlas h numbered 9524N, 9524S, 9525N, 9525S and 9626N, as described in Ordinance Number 91-102 Collier County Land Development Code. are hereby amended accordingly. SECTION TWO: Ordinance Number 98-94, known as the Grey Oaks PUD, adopted on November 24, 1998, the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective t, pon filing xvith the Department of State. -2_- PASSED AND DULY ADOPTED by the Board of County Commissioners of c-Uiet Florida. this day of ,2000. ,ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONEl; COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: TIMOTHY J. CONSTANTINE, CHAII Marjorie M. Student Assistant County Attorney g admm, PUD-89-06(41 RN:im -2- PLANNED UNIT DEVELOPMENT I)OCUMENT FOR GREY OAKS PREPARED BY: GEORGE VARNADOE, ESQUIRE YOUNG, VAN ASSENDERP A4q-D_~ VARNADOE AND ANDERSON. P.A. 801 Laurel Oak Drive Naples, Florida 34108 DATE FILED April 28, 1989 DATE APPROVED BY BCC June 6, 1990 ORDINANCE NUMBER 90-48 AMENDED BY ORDINANCE 97-45 AMENDED BY ORDINANCE 98-94 AMENDED BY ORDINANCE INDEX SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI List of Maps, Exhibits, and Tables Statement of Compliance and Short Title Property Ownership and Legal Description Project Development Residential Golf Course/Recreation/Park/Rightoof-Way Conservation/Open Space Commercial SECTION VII General Development Commitments PAGE ~ 111 ii/iv 2-I 3-I 4-1 5-1 6-1 7-1 -ii- A tt TABLE I TABLE II TABLE III LIST OF MAPS AND TABIJ::S MAPS Location Map PUD Master Plan: Map "H-I" TABLES Land Use Summary Project Absorption Schedule Estimate Development Standards -iii- STATEMENT OF COMPLIANCE It is the intent of the Halstatt Partnership, A Florida General Partnership to create a Planned Un._ Development (PUD) to be kinown as Grey Oaks Planned Unit Development, on 1,601.39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples, Florida. The residential, recreational and commercial facilities of THE t4P&S-T-Pr-T~ GREY OAKS DRI/PUD are consistent with the groxvth policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: i) The subject property is located within the City and County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regulations adopted by the City. 3) With regard to that part of Grey Oaks within the County: a) The project development is compatible and complementary to surrounding land uses and future uses allowed by the Future Land Element. b) hnprovements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. c) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1 .If. 3.1 .G and 3.1 .L 3.1 .J. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. e) The projected density of less than two (2) dwelling units per acre is less than that allowed under the Future Land Use Element since the project includes three (3) quadrants of an Activity Center and a density band. -iv- /7 IP The subject project occupies the northwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Ga~.c Parkv,'ay. This strategic location allows the site superior access for the placement of commercial activities. g) The project includes extensive open spaces in the form of golf courses and incorporates natural features to provide a high qualit3, of life for its residents. SItORT TITLE This ordinance shall be known and cited as the "GREY OAKS Planned Unit Development Ordinance". /7. SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The subject property is currently owned by the Halstatt Partnership which is composed of.' Lloyd G. ttendry, Harold S. Lynton and Edith Collier Sproul, (aJ 'k/a Juliet C. Sproul), as Trustees of the Edith Collier Sproul Trust under agreement dated December 29, 1969, and as confirmed by Agreement of Temfination of Trusteeship dated June 1, 1982, liarold S. Lynton, Lamar Gable and Juliet C. Sproul, as Trustees for Juliet C. Sproul under the will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 7, 1982, and filed June 15, 1982, in Probate No. 76-33, of the Probate Records of Collier County, Florida. 1.02 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page" Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O.R. Book 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lands as described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Records of Collier County, Florida, ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C-886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. 1- 1 /7. 2.01 2.02 SECTION II PROJECT DEVt~LOPMENrI' PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf course community with a "town center", and other retail and office development located in Collier County. The property is generally located in the northwest, northeast and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The property is bounded on the east by Livingston Road; on the south by the Golden Gate Canal; on the xvest by the Gordon River Watershed; and on the north by the Coach House Land Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1,601 acres. The remainder of the property is located in the unincorporated area of Collier County. The project is of a size to be a Development of Regional Impact (DRI) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed as a unified integrated community, the City and County have agreed that a single local government (Collier County) should have the responsibility for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (PUD Ordinance) for the entire project, including that portion that lies within the City of Naples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (PUD) and Development Order for the project, the Developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT" with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the property within the City and provides that the City agrees to accept and adopt (if appropriate) any Development Order and PUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and Development Order for the project. 2-1 2.03 The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provid that the City and County agree that the County shall conduct the rezoning and DRI reviews. for the entire 1,601 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this PUD by reference thereto. The Count>,, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Ilalstatt .Grey Oaks DRI Community and it is therefore, essential to the viability of the planned community that the PUD and DRI plan approved by Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. LAND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land use types is shown on Map H-l, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, and other site conditions. The final size of the recreation and open space lands xvill depend on the actual requirements for conservation areas, water management, golf course layout, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project, the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of Site Development Plan approval. For each succeeding subdivision and/or Site Development Plan, a table shall be included which summarizes the total dwelling units and commercial floor area that has been previously assigned and total assigned for the pending approval, in order to facilitate the County's monitoring of the project. 2-2 2.04 PROJECT DENSITY 2.05 2.06 2.07 2.08 The total acreage of Grey Oaks Planned Unit Development is approximately 1,601.39 acres. The maximum number ofdxvelling units to be built on the total acreage is I nn,~ 1.600. The number of dwelling units per gross acre is approximately 1.2 1.0. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this docunmnt. PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the Inaximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed -lw900 1,600. Table I identifies the maximum units by project quadrant. DEVELOPMENT SEQUENCE AND SCHEDULED The developer will commence the project within the northeast quadrant. Within each quadrant, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by market demand. EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time of development. COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by the City of Naples for that portion of the project within the City, and the standards and procedures set forth by Collier County for that portion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, bu tot but to allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan 2-3 / ~7...~ 2.09 2.10 2.11 Approval or platting) this reference shall be construed to mean the applicable Collier County procedure or approval in effect at the time of development. LAKE SITING As depicted on the PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in c,_.~: ......oo .~ c~-~:-- o ^ oo ~_.~ o,-, 3 5 7 1,3 5 7 2, and 3.5.7.3. Collier County Land Development Code, may be reduced subject to the approval of the County Engineer at the time of Subdivision and/or Excavation permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10% or maximum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards must meet the requirements of a ........:-' .........: ......""-'~: ......oo q,: ......................... v ...............-=,, Section 3.5.5.1.3.2, Collier Count), Land Development Code. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and '-'-'~: .......oo ,~ Section 3.5. Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. Developer shall create appropriate homeowner and/or condominium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County or City. Standards for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception during Subdivision Approval. SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 3.3 of the Zoning Ordinancc Collier County Land Development Code shall apply to the development of platted tracts or parcels of land as provided in said Section 3.3 prior to the issuance of a building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2-4 '~ 12MODEL HOMES AND MODEL UNITS 2.13 Model Itomcs and units shall be permitted within this project subject to the following provisions: a. Models may be constructed prior to approval of a plat. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. eo Temporary access and utility easements may be provided in lieu of dedicated right-of-xvays for temporary service to model homes or units. Sales, marketing, and administrative functions are permitted to occur in designated model homes or units within the project only as provided herein. CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. 2-5 /7 The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at tt- time of building permit application. 2.14 SALES CENTERS "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. Review and approval of "Sales Centers" shall follow the requirements of the Site Development Plan process f~'-'~:-- r,..~: .......c__,: .....w· t'~*' .....~ ....................)..o~Sect~on 3.3, Collier County Land Development Code) or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in xvith master water management system for the entire development. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the time of development. 2-6 /7. TIlE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County) AMOUNT ACREAGE Residential units , ,~r. 1,136 d.u. 310.9 · Ac. Commercial/Office (Total) ~r~ r~c~, 1,203.091 S.F.GL-~ 90:4 70.4:~ Office (gross floor area) 593,453 S.F. Retail (gross leasable area) 609,638 S.F. Itotel 250 Rooms 20.0 ± Ac. Golf Course/Recreation/ 54 Holes 609.32 + Par 'k/Right-of-Way Conservation/Lake/ 2.~6.78 Water Management Sub-Total 1,247.4 Ac Northwest Quadrant (City of Naples) Residential units AMOUNT :764 464 d.u. ACREAGE 08.0 + Ac. Commercial/Office (Total) 34-7x000 100,000 S.F. 30.0 14.4 + Ac. Office (grosk floor area) 60,000 S.F. Retail (gross leasable area) Golf Course/Recreation/ Park/Right-of-Way Conservation/Lake/ Water Management 40,000 S.F. 18 Holes Sub-Total Note: Note: q-t-5:4 100.5 + Ac. 131.1 + Ac. .354.0 Ac. All acreages are digitized approximate acreages and are subject to change and variation. The Northeast Quadrant shall have a total commercial/office square footage of ~ 1,203,091 S.F. 2-7 Land Use Designation Residential Commercial (GLA) and OfFice (GFA) Hotel Golf Course * 1 TIlE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR 1-6 (1989- 1995) No. Hotel Square Units Rooms Feet 94 0 * Golf Course = 18 holes with phased club facilities PROJECT YEAR 7-13 (1996 - 2001) CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Residential 963 Commercial (GLA) and Office (GFA) 500,000 Hotel 250 Golf Course * 3 * Golf Course = 54 holes with phased club facilities (Second golf course may be constructed prior to project year 7, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) 2-8 TABI.E II t'~,,-~ u~sConllnt ed) PROJECT ABSORPTION SCt tEDULE ESTIMATES Land Use Designation PROJECT YEAR 14-20 CUMULATIVE No. ttotel Square Units Rooms Feet Land Use Residential Commercial (GLA) and Office (GFA) Hotel Golf Course * 4 600 250 1,303,091 * Golf Course = 72 holes with full club facilities (3rd golf course may be constructed after year 14, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) Project years shall be adjusted to correspond with the commencement of development. The above development program outlines multi-use categories which will be assigned to the various development pods shown on Map H-1. These land use categories will allow for a true mixed use development to occur and allow the "Developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that buildout of the residential, town center and the majority of the office and commercial may occur in the first 12 years. 2-9 3.01 3.02 3.03 3.04 SECTION III RESIDENTIAL LAND USE PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H-l, Planned Unit Development Master Plan, as "R" or Residential. MAXIMUM DWELLING UNITS A maximum number of 4-;900 1.600 dwelling units may be constructed on lands designated as "R" or Residential. The 25+ acre parcel designated "R" on the PUD Master Plan located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted Living Facilities at a Floor-to-Area Ratio not to exceed .45. GENERAL DESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan are designed to accommodate a full range of residential dwelling types. Approximate configurations of land use tracts have been indicated on the P.U.D. Mas~~'~ Plan, in order to indicate relative size and distribution of the residential uses. These acrea~ are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. PERMITTED PRINCIPAL USES AND STRUCTURES 1) Detached and attached single family homes, cjuster homes, zero lot line homes, patio homes, townhouses, multi-family dwellings, neighborhood recreational facilities, churches and other places of worship, and assisted living facilities. 2) Water management facilities; essential services (in accordance with Section 2.6.9 of the ,~, ..... s ........... j Collier County Land Development Code). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 3-1 3.05 3.06 4) Any other use which is coniparable in nature with the foregoing uses and which the Collier Count.,,, Planning Services Manager or the City Community I)evelopment Director determines to be compatible in the district. PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Essential services and facilities. 3) Recreational facilities accessory to a residential structure. 4) An5, other accessory uses or structures which are cornparable in nature with the foregoing uses and which the Collier County Planning Services Manger or the City Community Development Director determines to be compatible in the district. DEVELOPMENT STANDARDS Table III sets forth the development standards for land uses within the "R" Residential District. Site development standards for category 1,2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: l) If the parcel is served by a City or County dedicated public right-of-way, setback is measured from the existing right-of-way line. 2) If the parcel is served by a private drive, setback is measured froin back of curb or edge of pavement, whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right-of-way line. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County '-'~: ....'~ ~: ...... ~,,.,,,~ ,~,~u o,~,,~,~ Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 3-2 Development standards for residential uses not specifically set forth in Table III shall be established during Subdivision Master Plan or Site Development Plan Approval as set fm under Sections 2.03 and 2.11 of this document. Setbacks and buffer requirements from and along the north property line northwest quadrant adjacent to lots on Coach House Lane shall be as follows: (a) (b) (c) (d) (e) (f) (g) (h) within the One story single family structure: Principal - 25' Accessory - 15' One story multi-family or two story structure: Principal - 50' Accessory - 50' Two story structure greater than 30' in height: Principal - 75' Accessory - 75' Three story structure: Principal - 175' Accessory - 175' Four story structure: Principal - 400' Accessory - 400' Vehicular use areas, including garages and carports - 50' (measured to the structure or edge of pavement). A 15' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 foot by 25 foot section. The buffer shall be installed prior to construction of homes. The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. 3-3 (i) Principal building structures shall not include more than 4 dwcllin,g units within 175 tk2ct of said north boundary. *Two story setback is measured to the second story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. 3-4 SINGLE FAMILY DETACHED DEVELOPMENT STANDARDS "R" Residential Areas TABLEIII PATIO, ZLL, OR SINGLE TWO FAMILY FAMILY ATTACHED/ DETACHED OR DUPLEX CjustER, MULTI-FAMILY TOWN HOUSE CATEGORY I *4 2 *4 3 *4 4 *4 MINIMUM SITE9000 5000 3500 I AC AREA SF/Lot SF/Lot SF/Lot SITE WIDTH 75' 50' 35' MIN. AVG. SITE DEPTH 120' 100' 100' MIN. AVG. FRONT YARD 25' 20' 20~'1 20' P SETBACK SIDE YARD 7.5' 5' 0 or a *6 SETBACK minimum of 5' REAR YARD 20' P 15' P 15' P SETBACK PRIN- CIPAL 10' GC 10' GC 10' GC REAR YARD 10' P 10' P 10' P 10' P SETBACK ACSRY. 0' GC 0' GC 0' GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 2 DIST. BETWEEN PRINCIPAL STR. 15' 10' 0' or 5' *6 2500 150' 150' 0' 20'P 0' GC 20'P 0' GC 10'P 0' GC 6 *2 15' *3 - I story 25' *3 - 2-3 story 30' *3 - 4 stories & higher VILLAS 5 *4 *5 16' N/A 0~ 10'P 0' GC 0'GC 2 7' FLOOR AREA MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the poi~ of the intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). May be reduced on cul-de-sac lots. 3-5 /7- P. Perimeter of Internal Sites GC = Golf Course, or Lake Front Sites '1 *3 *4 *5 *6 This setback may be reduced to 10' 4-~ for side entry garage Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum wi the City of Naples for 8 units per acre or greater. or V2 the sum of the adjacent buildings, xvhichever is greater. During the County approval process, tracts shall be designated and approved as a specific category. approved specific category shall not be changed unless the entire tract is consistent with tile new catcg Any change from an approved category to another shall be accomplished as per Section 2.7.3.5 of the Co County Land Development Code. In the context here used "villas" means development that occurs on a platted lot where the lots tend to f a cjustered home siting scheme accessed by an irregularly shaped private roadway system. For patio homes with less than a 5' side yard setback. the opposite side setback shall be sufficient so tha combined setbacks equal 10'. Once the first building, on tile side of a street utilizing this product tyI permitted. all subsequent buildings must follow the pattern established by the first unit. For example, setback on one lot must be followed by a 7' setback on the next lot or vice versa. 3-6 /745 SECTION IV GOLF COURSE/RECREATION/PARK/RIGHT-OF-WAY 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H-1 Planned Unit Development Master Plan as, golf course, clubhouse, driving range, parks, right-of-ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures 1) GolfCourse(s) 2) Tennis Club and facilities Water management facilities; essential services (in accordance with Sectiv 2.6.9 of the '~--:'~- '~-~: .....~ ....... s ...........~ Collier County Land Development Coo Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center/clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP&L easements, right-of-ways, and open space. Subject to approval of the persons or entities in whose favor the easement or right-of-way runs. 7) Project Information and Sales Center 4-1 4.03 8) Any other use which is comparable in nature with the tbrcgoing uses and which the Collier County Planning Services Manager or the City Comlmmitv Development I)irector determines to be compatible in the district. Permitted Accessory Uses and Structures Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area and pump houses, golf course rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including girl shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational tb. cilitics. subject to the provisions of the applicable supplementary district regulations of the ? ....:'~ '~-'~: ........ ....... 5 ...........Land Development Code of Collier County. 3) Vehicle wash facility. DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of ten (10') feet from parcel boundaries. except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (0') feet. 3) Maximum height of structures: Fifty (50') feet, unless abutting a residenttally zoned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (5') feet - I and 2 story buildings that are a part of an arcbitecturally unified grouping of structures. Ten (10') feet - 1 story. Twenty (20') feet - 2 story. 4-2 /? 5) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet - principal structures. Ten (10') feet - accessory structures. 6) Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County ~ ...... s--s'- Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 8) A 20' ]~_,l A 10' wide combination berm. landscaping, and wall buffer shall be provided along the south side of the FPL easement paralleling Golden Gate Parkway within the northwest quadrant adjacent to golf course and residential uses. The berm shall no higher than 2' and the wall no higher than 8'. Landscaping shall be placed in fr, of the wall screening a minimum of 50% of the wall. An additional 10' landscape buffer shall be placed along the north edge of the FPL easement where said easement abuts golf course or residential uses. Golf course is allowed within the 10' wide 4-3 SECTION V CONSEP, VATION AND OPEN SPACI'~ AREAS 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated on Map I I- 1 as conservation and open space. 5.02A I'ERMITTED USES AND STRUCTURES - CONSERVATION AREAS No building or structure, or part thereof.. shall be erected, altered or used, or land or water used. in whole or in part, for other than the following: 1) Passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, canoe launches, golf cart paths. 3) Water management facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.02B PERMITTED USES AND STRUCTURES - OPEN SPACE AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Parks, passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage, golf cart paths. 3) Equestrian paths. 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting and signage. 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County environmental staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas are subject to jurisdictional agencies review and listed usages do not guarantee that those usages will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and oth land uses not specified herein are to be in accordance with Collier County ...... ~,,~,. Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. 5-2 /72 6.01 6.02 SECTION VI COMMERCIAL PURPOSE The purpose of this section is to set forth the regulations for the area designated on Map I t-1 PUD Master Plan, as "C" Commercial "O/C" Office Commercial, "C/IF Commercial I totel, "O" OfFice, and "Town Center". These are areas located within a designated activity center. therefore permitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier County v^..: ....... ~ ,o ..........Land Development Codes. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in part, for other than the following: 1 ) Permitted Principal Uses and Structures for C, O/C, C/H, and Town Center Tracts: (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (See Section 2.6.28)* 1; awning shops. (b) Bakery shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windows; barber and beauty shops: bath supply stores; bicycle sales and services; blueprint shops; bookbinder; book stores; business machine services; business offices, building maintenance services and building supplies. Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales - which may include storage and installation; car wash; child care centers; churches and other places of worship (See Section 2.6.10)'1; clothing stores; cocktail lounges (See Section 2.6.10)'1; commercial schools; confectionery and candy stores, concessions and vendors; civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes; computer sales and services*2. (d) Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops; department stores. (e) Electrical supply stores; express office; employment agencies; equipment rentals repair and sales including lawn mowers and power saws. /?. (g) (h) (i) (J) (k) (l) (m) (n) (o) (P) Farmers market*2, fish stores - retail only; florist shops; fraternal and social clubs (See Section 2.6.10)'1; food markets; furniture stores; furrier shops Garden supply stores - outside display in side and rear yards*2; gift shops; glass and mirror sales - including storage and installation; gourmet shops; gunsmiths. Hardware stores; health food store; homes for the aged; hospitals and hospices; hotels, motels and transient lodging facilities; hobby supply stores. Ice cream stores, indoor commercial recreation, interior decorating showrooms. Jewelry stores. Laundries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. Markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores; mortgage brokers. New car dealerships - outside display permitted; news stores; night clubs*2 (See Section 2.6.10)* 1; Office- general - business, and professional; office supply stores. Paint and wall paper stores; post offices; pet shops; photographic equipment stores; pottery stores*2; printing*2; publishing and mimeograph service shops*2; private clubs*2 (See Section 2.6.10)'1; plumbing shops and supplies. Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipments, but not principal transmission tower; research design and development; real estate offices; rest homes; restaurants -including drive-in or fast food restaurants and full service (See Section 2.6.10)'1; retail sales of used goods; all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. 6-2 2) (q) Small scale retail sales other than shopping centers: shoe sales and repair: shopping centers (See Section ->.-~/ l' souvenir stores: stationery stores: supermarkets: sanatoriums; and interim sewage treatment plant*2. (r) Tailor shops; taxidermists: tile sales - ceramic tile: tobacco shops; toy shops: tropical fish stores; telephone exchange shops: transportation, communication and utility offices. (s) Variety stores; vehicle rentals, veterinarian offices and clinics - no outside kennels. (t) Watch and precision instrument sales and repair shops. (u) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (v) Any other commercial uses set forth in the City of Naples Development Agreement. Permitted Uses and Structures for "O" (Office) Tracts: (a) Art Studios (b) Banks and financial institutions, including drive-in windows; book stores; business offices. © Child care centers; churches and other places of worship (see Section 2.6.10); commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social clubs (See Section 2.6.10)'1. (f) Homes for the aged; hospitals and hospices. (g) Laboratories; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. 6-3 /7 6.03 (i) Office - general - business, and professional; office supply stores. (j) Private clubs*2 (See Section 2.6.10). (k) Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower); research design and development; real estate offices; all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. (I) Transportation, communication and utility offices. (m) Veterinarian offices and clinics - no outside kennels. (n) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3) Permitted Accessor5, Uses and Structures: Accessory uses and structures customarily associated xvith the uses permitted in this district. (a) Caretaker's residence (See Section 2.6.16)*. Development Standards 1) Minimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred feet (100'). 3) Minimum Setback Requirements (Internal): (a) (b) (c) (d) (e) Front setback - Twenty feet (20'). Side setback - None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. Rear setback - Fifteen feet (15'). Waterfront setback-Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). Parcels with two frontages may reduce one front setback by ten feet (10'). 6-4 4) Nlinimum setbacks and buffers from external right-of-xvays: (a) Golden Gate Parkway Fifty foot (_ 0 ) setback, Twenty ibm (20') landscape buft~er. (b) Airport Road and Livingston Road - Twenty.' foot (20') plus two t~et (2') for every one Ibm (I ') of building height; twenly foot (20') landscape buffer. 5) Maximum I teight: Fifty (50) feet. 6) Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty-five (25) square and are not bound by setback requirements. 7) Maximum Floor Area Ratio (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: Office: .35 .30 Project total 649,638 GLFA Project total 653,453 Gross Floor Area 8) Maximum Density ofltotel, Motel and Transient Lodging Facilities: 30 rooms per acre. 9) Distance Between Structures: Same as for side yard setback. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning ...... s--s,- Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. A twenty-five (25) foot landscape strip of land shall be provided along all arterial road commercial frontages. The public internal loop road in the Northeast quadrant shall be constructed in accordance with Collier County standards. 13) An 8' high wall may be installed on grade, on a landscape berm. on golf course mounding. or on driving range mounding, within a residential, golf course, club. golf facility, or commercial parcel to buffer the commercial from the residential and other uses. * 1 These section references are froIll the Collier County Land Development Code. *2 Northeast and Southeast quadrants only. 6-5 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.01 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 7.02 P.U.D. MASTER PLAN 1) The P.U.D. Master Plan - Map H-1 is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and/or City of Naples staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not cause significant impact to surrounding properties abutting the Grey Oaks PUD. 7.03 ENVIRONMENTAL 1) Petitioner shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element Objectives 6.4.6 and 6.4.7 '~-~: ......,,T_ o-, ,, ~ ..... ~.J b.5, ~.4: ...... %T~ on 4n ~..~ ~_~: ....... %T~ ~ ~1 ......... ~ L., ~.~: ......~ on ~o d lli tV L d D p ................. -~ an Division 3.9. Co er Coun an evelo ment Code. The 25% shall be monitored at each site clearing plan submittal. The petitioner shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed the petitioner shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. 2) Petitioner shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the County Engineer. 7-1 4) 5) 6) 7) g) Protected plant species (butterri3' orchid) and those which mav be observed during each construction phase shall be protected froIll injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan tbr each phase of construction. The petitioner must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance t5.cilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials, that is in excess of two (2) days supply, at the satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in nbove ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The petitioner shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. Buffers around protected wetlands shall comply with South Florida Water Management District criteria. Development of Grey Oaks shall proceed in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections of the Growth Management Plan and the regulations in the Collier County Land ~,,, .... t,- ....... Development Code in effect at the time of issuance of any development orders to which said regulations relate governing the permitting and construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and regulations, as well as the U.S. Army Corps of Engineers Section 404 permitting program. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's home owners' association or like entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. 7-2 7.04 9) An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for the site, with emphasis on conservation/preservation areas, shall be submitted to tl Current Planning Environmental Staff for review and approval prior to final sit,. plan/construction plan approval. 10) Petitioner shall coordinate protected wildlife species issues through the ERP and Corps Section 404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. WATER MANAGEMENT i) Detailed, paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E-4 and 40E-40, this project shall be designed for astor* event of 3-day duration and 25-year return frequency. 3) An Excavation Permit will be required for the proposed lake(s) in accordance with Section 3.5.7. Collier County r~_.~: ...... xT~ oo -~r_ Land Development Code and SFWMD Rules. Several of the lakes proposed do not meet the minimum setback requirements of,_,r,~[nanc¢ o o-u,, Section 3.5.7.1, Collier County Land Development Code. The master plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the Subdivision Master Plan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross-sections shall conform to all applicable County Ordinances. 5) This project is recommended for approval for rezoning and DRI purposes only. Detailed site drainage plans of each drainage sub-basin shall be submitted to the Environmental Advisory Board, or its successor, for review. No construction permits shall be issued unless and until approval of each individual drainage sub-basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation 7-3 7.05 relating to the installation of the new control structure and the relocation of the existing amil gate structure including back pump facilities shall be submitted to Engineering Reviexv Services for review prior to construction plan approval. 7) A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior to Subdivision Master Plan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 9) Documentation from Florida Power and Light allowing use of their right-of-way for the purposes of water management shall be provided prior to Subdivision Master Plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. TRANSPORTATION 1) The developer shall provide appropriate left and/or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. 2) The developer shall provide arterial level street lighting at all project accesses. 3) The developer shall provide a fair share contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access xvhen deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) Livingston Road Right-of-Way Dedication: a) The developer shall dedicate sufficient right-of-way north of Golden Gate Parkway to establish a right-of-way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right-of-way easement. Additional right-of-way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pay, or may utilize reduction of existing impact fee credits in the amount of $ 30,000 in full satisfaction of the developer's obligation to reimburse the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power and Light necessary to fulfill the 120 foot right-of-way width requirement. 7-4 b) The developer shall dedicate 50' feet or road right-of-way south of Golde Gate Parkway along the length of the developer's property. In addition, fo, a distance of 200 feet south of Golden Gate Parkway, the developer shall dedicate an additional 50 feet in width immediately west of the aforementioned right-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road right-of-way dedication and a 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a dinfinishing line immediately west of the aforementioned right-of-way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "easements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback and buffer requirements for the adjacent property. The land to be dedicated by the developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a Stipulated Order of Taking, dated July 24, 1998, entered in Collier County Circuit Court Case No. 98-1635 CA. The developer and County agree that the developer shall be entitled to impact fee credits for the 3.891 acres comprising parcels 137 and 937 at the rate of $85,000 per acre for a tot',' credit of $330,735 for this additional land dedication. c) The requirement in Grey Oaks DRI Development Order 90-3 at paragraph 5.c.(iv) that the applicant build Livingston Road from Golden Gate Parkway south to the beginning of the northern approach to the bridge over the Golden Gate Canal (based upon the cost of a two-lane rural roadway) shall be fully satisfied by the reduction of existing or future impact fee credits, in the amount of One Hundred Eighty-Five Thousand Dollars ($185,000). 5) The developer shall dedicate 40 feet of right-of-way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gate Parkway drainage into the water management system of the developer's project, and shall accept all drainage from both a quality and quantity standpoint. 6) The developer shall dedicate 40' for right-of-way on each side of Golden Gate Parkway between Airport Road and Livingston Road within four (4) months of a written request from the County. 7) Collier County reserves the right to expand the lanes on Airport Road by adjusting the cross section of the existing canal to incorporate road run-off in the lake system. 7-5 7.06 8) 9) The developer shall dedicate sufficient right-of-way at the intersection of Airport Road and Golden (}ate Parkway to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. All traffic control devices used, excluding street name signs, shall contbrm with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 10) If Collier County adopts a proportionate share or areawide transportation assessment program, or modifies its Impact Fee Ordinance, to provide additional credit for right-of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11) The number, type, and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit D to the 1 falstaff Grey Oaks DRI/Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the hapact Fee Ordinance in effect at the time of relevant permit application, said Impact Fee 1 /I Ordinance currently being Ordinance 90-,-~, ....... '~:'-~ ........... ~ 92-22. as amended b~v Ordinance 85-55 00-03. 13) The developer recognizes that when the County expands Golden Gate Parkway to a six-lane configuration, the County will be desirous of assistance in conveyance of the additional storm water discharge from Golden Gate Parkway to the Golden Gate Canal. County and Developer agree to explore whether it would be in their individual best interests and mutual advantage for developer to incorporate some of the storln water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interests for developer to accept said stormwater for conveymace and water quality, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. UTILITIES 1) The water distribution system and appurtenant facilities to serve the project are to be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road are to be designed, 3) construction, conveyed, owned and maintained pursuant to the requirements of the City of Naples. Provisions for sewer service to those portions of the project lying on the east side of Airport Road shall be as follows, unless a service area modification is approved between the City of Naples and the Collier County Water-Sewer District prior to the submission of subdivision master plan applications to Collier County for the project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the potions of the project on the east side of Airport Road are to be designed, constructed, conveyed, owned and maintained in accordance with Article III. Chapter 134, Code of Laws and Ordinances of o Collier County r,_.~: ......,,T_ ~,g-,~,, Florida, as amended, and other applicable County rules and regulations. b) All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. c) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates wastewater), the Developer, at his expense will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Article III, Chapter 134, Code of Laws and Ordinances of Collier County '-'-'~: .....xT_ oo ,~ Florida, as amended. d) The utility construction documents for the project' s sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Airport Road rights-of-way. The force main must be extended from the main on-site pump station site to the east right-of-way line of Airport Road and capped. It must be interconnected to the pump station with appropriately located valves to permit for simple 7-7 7.07 l) 2) redirection of the project's sewage when connection to the County's central sewer facilities becomes available. e) Prior to the approval of construction documents that provide for development that generates wastewater by the County, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide the service through its sewer facilities. The project's Developer(s), his assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. g) Subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation must be provided to verify that the site is of adequate size for the facility intended. SIGNAGE General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. c) Should any of the signs be requested be placed within the public right-of-way, a right-of-way permit must be applied for and approved. d) All signs shall be located so as not to cause sight distance problems. Entrance Signs a) Two (2) signs with a maximum area of 60 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. b) Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. c) Entrance signs may be lighted provided all lights are shielded. 3) Project Signs a) Project signs, designed to promote the Project, or any major use within the project shall be permitted along the east and west side of Airport Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all land tracts within Grey Oaks PUD limits subject to the following conditions: Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. -2-)(ii) A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-quarter mile spacing requirement unless existing vegetation requires a somewhat closer spacing. An additional 5 intersection signs shall be permitted at t intersections of Golden Gate Parkxvay with Airport Road and Livingston Road. 3-)(iii) Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during Subdivision Approval. Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 7-9 7.09 7.10 7.11 4) Work within Collier County right-of-xvay shall meet the requirements of Article II. Chapter 110, Code of Laws and Ordinances of Collier County r,_.: .....o. ~, Florida 5) Internal access into tracts as shown on the PUD Master Plan is informational only. Exact locations shall be determined during Subdivision or Site Development Plan approval. EXCEPTIONS TO SUBDIVISION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. SCItOOL DISTRICT The applicant shall dedicate a fifteen (15) acre school site to the Collier County School District at a location (off-site) agreed upon between the Applicant and the School District. FIRE STATION/EMS SITE The applicant shall dedicate a 1.5 acre site for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services. The site shall be dedicated in fee simple, subject to the following conditions: 1) The site shall revert to the owner if it is not utilized for a fire and rescue facility for at least five (5) years. 2) If either fire district for the Emergency Medical Services adopts impact fees the Applicant shall be entitled to impact fee credit for the dedicated site based on the fair market value on the date of dedication. 7-l0 /? PUD MASTER PLAN - MAP H-1 FOR THE HALSTA"FTPARTNERSHIP Wils EXECUTIVE SUMMARY DOA-2000-03, GEORGE L. VARNADOE, ESQ., OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING HALSTATT PARTNERSHIP AND NAPLES GOLF COURSE HOLDINGS, LTD., REQUESTING AN AMENDMENT TO THE GREY OAKS DEVELOPMENT OF REGIONAL IMPACT (DRI), DEVELOPMENT ORDER (DO-90-3), AS AMENDED, FOR THE PURPOSES OF RELOCATING AUTHORIZED COMMERCIAL DEVELOPMENT BETWEEN THE NORTHEAST AND NORTHWEST ACTIVITY NODES WHILE REDUCING THE ACREAGE OF TOTAL COMMERCIAL AREA BY 15.6 ACRES; REDUCING THE NUMBER OF DWELLING UNITS BY 300; REVISIONS TO GOLF COURSE ACREAGE AND WATER MANAGEMENT FACILITIES; REVISION TO ACCESS POINTS AND ELIMINATION OF AIRPORT-PULLING ROAD AND GOLDEN GATE PARKWAY OVERPASS, FOR PROPERTY LOCATED IN THE NORTHEAST, SOUTHEAST AND NORTHWEST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601-4- ACRES. (COMPANION TO PUD-89-06(4)) OBJECTIVE: This petition seeks to amend the Grey Oaks Development of Regional Impact (DRI) Development Order for the purpose of revising the Master Plan to iljustrate the relocation of a portion of authorized commercial space from the northwest quadrant to the northeast quadrant of Airport-Pulling Road and Golden Gate Parkway. A reduction is proposed to the number of authorized dwelling units while allowing a shifting of some of this reduction from the northwest to the northeast quadrant. Additionally, a revision to access points including the elimination of proposed grade separations across Airport-Pulling Road and Golden Gate Parkway is proposed as well as replacing the current master plan with a new master plan iljustrating the effect of the new land use development strategy for the northwest quadrant. CONSIDERATIONS: The Grey Oaks DRI is located in the northwest (city), northeast and southeast quadrants of Airport- Pulling Road and Golden Gate Parkway, consisting of a total of 1601 acres. JUl-; £ ? The changes proposed by this amendment will not result in increases to any of the approved land uses currently authorized within the project. The proposed changes will shift some of the approved commercial (office and retail) use from the northwest quadrant to the northeast quadrant. The redistribution of commercial use will result in a reduction in the acreage devoted to office and retail use in the northwest quadrant, accompanied by an increase in the amount of golf/open space acreage in that quadrant. However, no increase is requested beyond the approved total of 18 golf holes in the northwest quadrant. The only proposed change to the amounts of approved uses within Grey Oaks is a reduction of the number of residential units from 1900 to 1600, a decrease of 300 units. The proposed shifting of land uses from one area to another dictates minor relocation's of the access points to Grey Oaks from both Airport-Pulling Road and Golden Gate Parkway, and elimination of the internal project overpass crossings at Airport-Pulling Road and Golden Gate Parkway. The changes to the Grey Oaks Master Plan are depicted on the proposed Master Plan. The following is a narrative description of changes proposed within the City (northwest quadrant) and County (northeast quadrant) jurisdictions. CHANGES TO THE NORTHWEST QUADRANT: (a) A reduction in the number of residential units from 764 units to 464 units, a decrease of 300 units. The developer shall have the ability to shift up to 200 of the approved multi-family units from the northwest quadrant to the northeast quadrant. The acreage of residential use is being reduced by 14 acres, to a total of 108 acres. (b) A reduction in the amount of retail commercial use from 219,000 gross square feet (GLA) of floor area to 40,000, a decrease of 179,000 square feet (GLA), which will be shifted to the northeast quadrant. (c) A reduction in the amount of office use from 128,000 square feet (GLA) to 60,000 square feet, a decrease of 68,000 square feet, which will be shifted to the northeast quadrant. (d) A reduction in the amount of designated commercial (retail and office use) acreage from 30 acres to 14.4 acres, a decrease of 15.6 acres. (e) A reduction in the golf course acreage from 115.4 acres to 100.5 acres, a decrease of 14.9 acres, with no change to the 18 approved golf holes. (f) An increase in the acreage designated for lakes, water management and preservation from 86.6 acres to 131.1 acres, an increase of 44.5 acres. (g) A change of the location of the access points to Grey Oaks from Golden Gate Parkway and Airport Road, as depicted on the revised Master Plan. (h) The deletion of the internal project overpass across Airport Road between the northwest and northeast quadrants. JU ,l 2 7 2000 i>8' ~-. THE CHANGES TO THE NORTHEAST QUADRANT: (a) An increase in the amount of office space by 68,000 square feet (shifted from the northwest quadrant). (b) An increase in the amount of retail use by 179,000 square feet (shifted from the northwest quadrant). (c) Deletion of the internal project overpass between the northwest and northeast quadrants. (d) Relocation of project access points from Airport-Pulling Road and Golden Gate Parkway, as depicted on the revised Master Plan. (e) The developer shall have the flexibility of relocating up to 200 multi-family residential units from the northwest quadrant to the northeast quadrant, so long as the total number of residential units in Grey Oaks does not exceed 1600 units. A comparative description of land use density and intensity changes are described in Tables 1 and 2 of the staff report. FISCAL IMPACT: The changes proposed by the amendment to the DRI development order will not bring about any different fiscal impacts inasmuch as development commitments relative to transportation impacts and other public interface relationships will not change. The current development order provides for cost sharing of public services including but not limited to transportation, drainage, and similarly impacted public services. The current development order makes provision for the dedication of ROW for the proposed Airport-Pulling Road/Golden Gate Parkway grade separation and required drainage facilities, and for Livingston Road. The planned reduction of 300 dwelling units will result in a reduction of impact fees. GROWTH MANAGEMENT IMPACTS: The proposed revisions have no GMP impacts. No changes are being proposed to land uses that would otherwise be inconsistent with the Future Land Use Element to the GMP. The proposed land uses and associated trip generation of this amendment will generate the same or fewer trips than the approved 1998 revisions and the approved 1990 DRI. Therefore, there should be no additional regional impacts beyond those previously identified for the DRI. The primary change is a reduction of 300 units, which continues the lowering of densities that was initiated with the 1998 amendment, the shifting of some of the office and retail uses from the northwest quadrant to the northeast quadrant, and the elimination of the internal Grey Oaks vehicular overpass across Airport- Pulling Road. J U N 2 7 2000 The shifting of office and retail uses to the northeast quadrant will not result in any increase in peak hour'or daily trips at Grey Oaks. The elimination of the vehicular overpass is supported by the reduction in units and densities at Grey Oaks when compared to the originally approved DRI and the addition of expanded side street turn-lanes when compared to the original DRI. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition DOA-2000-03 being a petition to amend the Grey Oaks DRI Development Order as described by the draft amendment to the Development Order Resolution. EAC RECOMMENDATION: The EAC does not review and comment on what essentially are amendments to existing development orders and where no additional land is being impacted. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 1, 2000 and unanimously (8 to 0) recommended approval of the proposed amendment to the Grey Oaks DRI Development Order (DOA- 2000-03) as described in the draft Resolution for adoption and exhibits thereto. PREPARED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER ! ! DATE REVIEWED BY: ROBE~ J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APP~OVE~ BY:/. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g/admin/DOA-2000-03 EX SUMMARY/RN/im DATE DATE DEVELOPMENT ORDER NO. RESOLUTION NO. A RESOLUTION AMENDING DEVELOPMENT ORDER 90-3, AS AMENDED FOR THE GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDING THE FINDINGS OF FACT SECTION FOR THE PURPOSE OF REVISING ACREAGE AND DENSITY OF LAND USES AND TO REPLACE THE GREY OAKS MASTER PLAN ILjustRATING A REVISED LAYOUT OF THE LAND USES FOR THE NORTHWEST QUADR_ANT OF THE PROJECT SITUATED ON AIRPORT ROAD AND GOLDEN GATE PARKWAY AND REVISIONS TO INTERNAL ROAD ACCESS POINTS AND GRADE SEPARATION; SECTION TWO, F1-NDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TR~NSMITTAL TO DEPARTMENT OF COM1VIUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 90-3 (the Development Order) on June 6, 1990, which approved a Development of Regional Impact (DRI) known as the Grey Oaks Development Order; and WHEREAS, subsequent to the approval of Development Order No. 90-3, the Board of County Commissioners of Collier County, Florida, approved several amendments to said Development Order; and Vv'HER_EAS, "Grey Oaks" through its authorized agent, has filled its application and notice of proposed change to Development Order No. 90-3, as amended, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Grey Oaks DRI Development Order No. 90-3, as amended; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. on , which had the effect of amending the PUD zoning district for the Grey Oaks development previously approved in Ordinance No. 98-94; and WHEREAS, on , the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered the Grey Oaks application and Notice of Proposed Change to the Grey Oaks DRI Development Order No. 90-3, as amended, and record made at said hearing, and having considered the record of Words zt~-'z!: t.~c:2g.h are deleted; words underlined are added. AGENDA ITEM 7-J TO: FROM: DATE: MAY 16, 2000 RE: PETITION NO: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL DOA-2000-03, GREY OAKS (COMPANION TO PUD-89-6(4)) SERVICES OWNER/AGENT: Agent: George L. Vamadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Owner: Halstatt Partnership 2600 Golden Gate Parkway Naples, FL 34105 Naples Golf Course Holdings, Ltd. 4200 Gulfshore Blvd. N Naples, FL 34103 REQUESTED ACTION: This petition seeks to amend the Grey Oaks Development of Regional Impact (DRI) Development Order for the purpose of revising the Master Plan to iljustrate the relocation of a portion of authorized commercial space from the northwest quadrant to the northeast quadrant of Airport Road and Golden Gate Parkway. A reduction is proposed to the number of authorized dwelling units while allowing a shifting of some of this reduction from the northwest to the northeast quadrant. Additionally, a revision to access points including elimination of a proposed grade separation across Airport Road is proposed. GEOGRAPHIC LOCATION: The Grey Oaks DRI is located in the northwest (city), northeast and southeast quadrants of Airport Road and Golden Gate Parkway, consisting of a total of 1601 acres. (See location map on following page) 1 PURPOSE/DESCRIPTION OF PROJECT: The changes proposed by this amendment will not result in increases to any of the approved land uses currently authorized within the project. The proposed changes will shift some of the approved commercial (office and retail) use from the northwest quadrant to the northeast quadrant. This redistribution of commercial use will result in a reduction in the acreage devoted to office and retail use in the northwest quadrant, accompanied by an increase in the amount of golf/open space acreage in that quadrant. However, no increase is requested beyond the approved total of 18 golf holes in the northwest quadrant. The only proposed change to the amounts of approved uses within Grey Oaks is a reduction of the number of residential units from 1900 to 1600, a decrease of 300 units. The proposed shifting of land uses from one area to another dictates minor relocation's of the access points to Grey Oaks from both Airport Road and Golden Gate Parkway, and elimination of the internal project overpass crossing Airport Road. The changes to the Grey Oaks Master Plan are depicted in the proposed Master Plan. The following is a narrative description of changes proposed within the City (northwest quadrant) and County (northeast quadrant)jurisdictions. CHANGES TO THE NORTHWEST QUADRANT: (a) A reduction in the number of residential units from 764 units to 464 units, a decrease of 300 units. The developer shall have the ability to shift up to 200 of the approved multi-family units from the northwest quadrant to the northeast quadrant. The acreage of residential use is being reduced by 14 acres, to a total of 108 acres. (b) A reduction in the amount of retail commercial use from 219,000 gross square feet (GLA) of floor area to 40,000, a decrease of 179,000 square feet (GLA), which will be shifted to the northeast quadrant. (c) A reduction in the amount of office use from 128,000 square feet (GLA) to 60,000 square feet, a decrease of 68,000 square feet, which will be shifted to the northeast quadrant. (d) A reduction in the amount of designated commercial (retail and office use) acreage from 30 acres to 14.4 acres, a decrease of 15.6 acres. (e) A reduction in the golf course acreage from 115.4 acres to 100.5 acres, a decrease of 14.9 acres, with no change to the 18 approved golf holes. An increase in the acreage designated for lakes, water management and preservation from 86.6 acres to 131.1 acres, an increase of 44.5 acres. (g) A change of the location of the access points to Grey Oaks from Golden Gate Parkway and Airport Road, as depicted on the revised Master Plan. The deletion of the internal project overpass across Airport Road between the northwest and northeast quadrants. 2 THE CHANGES TO THE NORTHEAST QUADRANT: (a) An increase in the amount of office space by 68,000 square feet (shifted from the northwest quadrant). (b) An increase in the amount of retail use by 179,000 square feet (shifted from the northwest quadrant). (c) Deletion of the internal project overpass between the northwest and northeast quadrants. (d) Relocation of project access points from Airport Road and Golden Gate Parkway, as depicted on the revised Master Plan. (e) The developer shall have the flexibility of relocating up to 200 multi-family residential units from the northwest quadrant to the northeast quadrant, so long as the total number of residential units in Grey Oaks does not exceed 1600 units. The two charts below marked Tables 1 and 2, show the proposed land uses within the City of Naples and Collier County quadrants, respectively, of the Grey Oaks DRI, in comparison to uses approved in both the original 1990 Development Orders issued by those jurisdictions and the changes they approved in 1998. Table 3 shows land use changes for the entire Grey Oaks DRI since 1990. 3 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: On Thursday, April 20, 2000, the Southwest Florida Regional Planning Council (SWFRPC) adopted the following staff recommendations as the SWFRPC's official recommendations regarding the above-referenced DKI NOPC. As stated in the recommendations, the Council has authorized Regional staff to undertake the following actions: Notify Collier County, the City of Naples, the Florida Department of Community Affairs and the applicant that the proposed changes do not create additional regional impacts. Request that Collier County and the City of Naples provide SWFRPC staff with copies of any development order amendments related to the proposed changes. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs by letter dated April 25, 2000 has advised staff that the Department does not object to the proposed change. They further advised that the proposed change is presumed to create a substantial deviation pursuant to Subsection 380.06(19)(e) 3, F.S., which may be rebutted by clear and convincing evidence. The applicant included traffic trip generation analysis, which shows that the proposed change will not increase the total number of trips associated with the project. Thus, the applicant has rebutted the presumption. ANALYSIS: The applicant is proposing to shift uses from one part of the DRI to the other and make some internal changes in roadway access. The amendment shifts some of the approved commercial uses (office and retail) from the northwest quadrant to the northeast quadrant. This redistribution of commercial use will result in a reduction in the acreage devoted to office and retail use in the northwest quadrant, and it is accompanied by an increase in the amount of golf/open space acreage in that quadrant. Furthermore. there is a reduction of 300 units from the total number of residential units approved for the project. It should be noted that while additional gross floor area is being added to the northeast activity center, the activity center boundaries remain unaffected. There is no physical expansion of the proposed original commercial center, therefore, anyone who has established or purchased a residential property near the activity center will find themselves no nearer to non-residential land uses. The petitioners traffic consultant in their analysis of the changes concluded as follows: The proposed land uses and associated trip generation of this amendment will generate the same or fewer trips than the approved 1998 revisions and the approved 1990 DRI. Therefore, there should be no additional regional impacts beyond those previously identified for the DRI. The primary change is a reduction of 300 units, which continues the lowering of densities that was initiated with the 1998 amendment, the shifting of some of the office and retail uses from the northwest quadrant to the northeast quadrant, and the elimination of the internal Grey Oaks vehicular overpass across Airport Road. The shifting of office and retail uses to the northeast quadrant will not result in any increase in peak hour or daily trips at Grey Oaks. The elimination of the vehicular overpass is supported by the reduction in units and densities at Grey Oaks when compared to originally approved DRI and the addition of expanded side street turn-lanes when compared to the original DRI. Relative to the elimination of an internal road grade separation with Airport Road, staff is of the opinion that the degree of interaction between residents of the east and west sides of Airport Road does not justify the expenditure that is otherwise required of such a grade separation. If the grade separation is designed as an overpass it aesthetically will be unproductive, and the grade interface between interior streets and Airport Road ought to suffice with the normal intersection geometry for local streets with arterial roads. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition DOA-2000-03 being a petition to amend the Grey Oaks DRI Development Order as described by the draft amendment to the Dev/e~prnent Order Resolution. RO~LID ~,~.;.ICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANN~ G~VICES DEPARTMENT DIRECTOR APPI!/OV~_ BY: /~ COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number DOA-2000-03 Staff Report for the June 1, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN gtadmin/DOA-2000-03 STAFF REPORT/RN/im 5 FORM RPM-BSP-PROPCHANGE- I STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 850-487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I. George Varnadoe, the undersigned authorized representative of HalstaR Pannership and Naples Golf Course Holdings, Ltd., hereby gives notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof. I submit the following information concerning the Halstatt DRUGrey Oaks PUD development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the following: Collier County, City of Naples, Southwest Florida Regional Planning Council, and Bureau of Local Planning, Department of Community Affairs. (Date) Page 1 of 12 the documentary and oral evidence presented to the Collier County Planning Commission, the report and recommendation of Collier County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners hereby approves the following Grey Oaks DRI Development Order amendments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: A1VIENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN: A. Paragraph 4 of the Findings of Fact Section of Development Order 90-3, as amended, for the Grey Oaks DRI is hereby amended to read as follows: 4: The applicant proposes the development of Grey Oaks Planned Unit Development for 1,601 acres which includes: ~ 104.8 acres of commercial uses to include 250 hotel rooms, 653,453 square feet (gross floor area) of office commercial, 649,638 square feet (gross leasable area) of retail commercial, !,99@ 1,600 residential dwelling units, 72 holes of golf, and 322.3E 367.88 acres of conservation, lakes and water management, which includes preservation acres. B. Paragraph 5 of the Conclusions of Law Section of Development Order 90-3, as amended, for the Grey Oaks DR_I is hereby amended to read as follows: 5.a. The applicant or his successors shall be fully responsible for site-related roadway and intersection improvements required within the DRI. The applicant shall be required to pay the full cost for any site-related intersection improvements (including but not limited to, signalization, turn-lanes and additional through lanes) found to be necessary by Collier County for the project's access intersections onto Airport Road (C.R. 31), Golden Gate Parkway (C.R. 886) and the future Livingston Road. Attached hereto as Exhibit "E" is a list of access intersections approved for the project and changes that are or may be necessary in order to meet the long-range transportation plans for the area. A copy of the signal progression analysis requested by the County Transportation Department is incorporated by reference and copies have been submitted to the SWFRPC, Collier County, and the City of Naples. ~' ............ e, .... ,-~ .............. pro3eet roadway. C. Exhibit "B" (Map H, Master Plan) of Development Order 90-3, as amended for the Grey Oaks DRI is hereby amended by replacing said Map H, with Exhibit "C" hereto, a new Master Plan depicted as Map H-1 attached and incorporated herein by reference, reflecting the amendments herein described. SECTION TWO: FINDINGS OF FACT 1. The proposed changes to the previously approved DRI do not meet or exceed any of the criteria listed in the DRI Development Order or in Subsection 380.06(19)(b), Florida Statutes. Words r,t,'--'-e!c tF.r~.ugk are deleted; words underlined are added. 2. The applicant submitted to the County, the Regional Planning Council and the State Land Planning Agency Form BRIM-08-86, said form being entitled "Notification of a Proposed Change to a Previously Approved Development of Regional Impact" (DRI) Subsection 380.06(19), Florida Statutes. 3. The application is in accordance with Section 380.06(19). 4. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SVqFRPC. 5. h comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SVffFRPC, and has established that the changes result in a reduction of the project's impacts. 6. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. 7. No increase in development intensity is authorized by this Development Order No. SECTION THREE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order do not constitute a substantial deviation requiring further Development of Regional Impact review. 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 3. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. 4. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER. TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order 90-03, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. 2. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Words zt:--'c!c tb~zugh are deleted; words underlined are added. This Resolution adopted after motion, second and majority vote. Done this day of ., 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Marjor~ M. Student" Assistant County Attorney g/ad min/DOA~90-03/RN/im Words r.t:~ack t.~.r~-'-'-gk are deleted; words underlined are added. FORM RPM-BSP-PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 850-487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George Varnadoe, the undersigned authorized representative of HalstaR Partnership and Naples Golf Course Holdings, Ltd., hereby gives notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the HalstatI DRI/Grey Oaks PUD development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the following: Collier County, City of Naples, Southwest Florida Regional Planning Council, and Bureau of Local Planning, Department of Community Afro. (Date) Page 1 of 12 EXHIBIT 'TA" Applicants: HalstaR Partnership 2600 Golden Gate Parkway Naples, Florida 34105 (941) 262-2600 Naples Golf Course Holdings, Ltd. 4200 Gulfshore Blvd. N. Naples, FL 34103 Authorized Agent: George L. Varnadoe, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 Location (City, County, Township/Range/Section) of approved DRI and proposed change. Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order of the Application for Development Approval. Indicate such changes on the project master site plan, supplementingwith other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI (formerly known as Halstatt DRI) consists of 1,601 acres located within the northeast, southeast and northwest quadrants formed by the intersection of Golden Gate Parkway and Airport Road. The intersection forms the center of a designed "Activity Center" in the Collier County Comprehensive Plan. The northwest quadrant of the Grey Oaks DRI, consisting of 354 acres, is within the jurisdiction of the City of Naples. The northeast and southeast quadrants of Grey Oaks, consisting of 1,247 acres, are located in unincorporated Collier County. The initial Grey Oaks DRI Development Order (DO 90-3) was issued by Collier County Resolution 90-292 on June 6, 1990. The City of Naples approved the portion of Grey Oaks within its jurisdiction on October 17, 1990, in Resolution 90-6211. Subsequent amendments to the County and City Dill Development Orders for Grey Oaks are described in response to question 7 below. A copy of Page 2 of 12 the currently approved Master Plan for the Grey Oaks DRI is included as Exhibit A to this NOPC. The changes proposed in this NOPC for the Grey Oaks DRI/PUD are depicted on Exhibit B. The changes will not result in increases to any of the approved land uses currently authorized within the project. The proposed changes will shift some of the approved commercial (office and retail) use from the northwest quadrant to the northeast quadrant. This redistribution of commercial use will result in a reduction in the acreage devoted to office and retail use in the northwest quadrant, accompanied by an increase in the amount of golf/open space acreage in that quadrant. However, no increase is requested beyond the approved total of 18 golf holes in the northwest quadrant. The only proposed change to the amounts of approved uses within Grey Oaks is a reduction of the number of residential units from 1900 to 1600, a decrease of 300 units. The proposed shifting of land uses from one area to another dictates minor relocations of the access points to Grey Oaks from both Airport Road and Golden Gate Parkway, and elimination of the internal project overpass crossing Airport Road. The changes to the Grey Oaks Master Plan are depicted in the proposed Master Plan attached as Exhibit B. The following is a narrative description of changes proposed in this NOPC, within the City (northwest quadrant) and County (northeast quadrant) jurisdictions. Changes To The Northwest Quadrant (a) A reduction in the number of residential units from 764 units to 464 units, a decrease of 300 units. The developer shall have the ability to shift up to 200 of the approved multi-family units from the northwest quadrant to the northeast quadrant. The acreage of residential use is being reduced by 14 acres, to a total of 108 acres. (b) A reduction in the amount of retail commercial use from 219,000 gross square feet (GLA) of floor area to 40,000, a decrease of 179,000 square feet (GLA), which will be shifted to the northeast quadrant. (c) A reduction in the amount of office use from 128,000 square feet (GFA) to 60,000 square feet, a decrease of 68,000 square feet, which will be shifted to the northeast quadrant. (d) A reduction in the amount of designated commercial (retail and office use) acreage from 30 acres to 14.4 acres, a decrease of 15.6 acres. (e) A reduction in the golf course acreage from 115.4 acres to 100.5 acres, a decrease of 14.9acres, with no change to the18 approved golf holes. Page 3 of 12 (0 An increase in the acreage designated for lakes, water management and preservation from 86.6 acres to 131.1acres, an increase of 44.5 acres. (g) A change of the location of the access points to Grey Oaks from Golden Gate Parkway and Airport Road, as depicted on the revised Master Plan, Exhibit "B". (h) The deletion of the internal project overpass across Airport Road between the northwest and northeast quadrants. The Changes To The Northeast Quadrant (a) An increase in the amount of office space by 68,000 square feet (shifted from the northwest quadrant). (b) An increase in the amount of retail use by 179,000 square feet (shifted from the northwest quadrant). (c) Deletion of the internal project overpass between the northwest and northeast quadrants. (d) Relocation of project access points from Airport Road and Golden Gate Parkway, as depicted on the revised Master Plan, Exhibit "B". (e) The developer shall have the flexibility of relocating up to 200 multi- family residential units from the northwest quadrant to the northeast quadrant, so long as the total number of residential units in Grey Oaks does not exceed 1600 units. It should be emphasized that there is no increase in commercial or office uses in the Grey Oaks DRI, simply an internal relocation of the approved uses. The only change to the approved land uses within the project is the deletion of 300 residential units. A transportation analysis report prepared by David Plummer & Associates is attached to the NOPC as Exhibit C. The report establishes that the traffic impacts of Grey Oaks DRI, with the proposed changes, as depicted on Exhibit B, will be reduced in comparison to the impacts of the current DRI, as depicted on Exhibit A. The two charts below marked Tables I and 2, show the proposed land uses within the City of Naples and Collier County quadrants, respectively, of the Grey Oaks DRI, in comparison to uses approved in both the original 1990 Development Orders issued by those jurisdictions and the changes they approved in the 1998 NOPC. Table 3 shows land use changes for the entire -ey Oaks DRI since 1990, including this NOPC. Page 4 of 12 z (6) (7) (8) Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Substantial Deviation Determination Chart, below. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Ae Pursuant to an agreement reached between Collier County and the Department of Community. Affairs, Collier County. issued an amended Development Order (D.O. 90-5) in Resolution No. 90-498 on October 16, 1990. To correct a scrivener's error in Development Order 90-5, Collier County adopted Resolution 90-571 in order to add the words "apply for or" to the third sentence of Section 5, Subsection d. (4) of Development Order 90-5. This action was taken on November 27, 1990. In response to Halstatt's NOPC, the Board of County Commissioners of Collier County on November 24, 1998, issued Development Order 98-2 (Resolution 98-472) amending the Grey Oaks Development Order and Master Plan to reduce the number of residential units to 1,900; to increase the number of golf holes to 72; shift the site of the hotel use to the southeast quadrant; and increase the conservation, lakes and preservation areas from 180.1 acres to 236.78 acres. Do The City Council of the City of Naples adopted Resolution 98-8372 on October 7, 1998 amending the Grey Oaks Master Plan and approving a total of 18 golf holes located within the northwest quadrant of Grey Oaks DRI. Describe any lands purchased or optioned within tA mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-profit land uses within 1A mile on a project master site plan or other map. None. Page 8 of 12 (9) (10) (11) (12) Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 390.06 (19), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06 (19) (e) 2., Florida Statutes. YES NO XX Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. The phasing and build-out dates are not being changed. Will the proposed change require an amendment to the local government comprehensive plan? No. An updated master plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. (13) See attached revised Master Plan attached as Exhibit B. Pursuant to Subsection 380.06(19) (f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: See attached Exhibits D and E, revised Grey Oaks DRI Development Orders with new language indicated by underlining and deleted language by strike- throughs. ao All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change. There are no proposed changes to the phasing or build-out dates of the Grey Oaks DRI/PUD, nor to any development order conditions in requirements, nor to any of the commitments and representations in the ADA. For changes to the acreage of each described land use, including open space and areas for preservation and to the amount and location of residential units and other major characteristics or components of the Page 9 of 12 Go do eo Grey Oaks DRI, please refer to (1) the Land Use Chart contained in response to question 5 above; (2) the revised Grey Oaks Master Plan attached as Exhibit B, and (3) the amended County and City Development Orders attached as Exhibit D and E, respectively. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; See page iv, Exhibit "A" attached to Consent, above. There is no change to the legal description of the Grey Oaks DRI. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development of the northeast and southeast quadrants of the Grey Oaks DRI have already commenced. Therefore, there is no proposed change to commencement of physical development date. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change is proposed for the termination date of the Development Order. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down- zoning; unit density reduction, or intensity reduction, if applicable; and No change. Proposed amended development order specifications for the annual report, including the date of submission. contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. Page10of 12 SUBSTANTIAL DEVIATION DETERMINATION CHART Portions of the DCA Standard Form NOPC Substantial Deviation Chart are not relevant or applicable because the following uses listed on the Chart are not included within the Grey Oaks DR/: Attractions, Airports, Hospitals, Industrial, Mining, Petroleum Storage, Ports and R.V. Parks. The non-applicable sections of the standard chart form are omitted. The chart below addresses all approved and proposed land uses within the Grey Oaks DRI. TYPE OF CHANGE PROPOSED ORIGINAL 1998 NOPC LAND USE CATEGORY PLAN PLAN l'lce Acreage, including drainage, ROW, 104.8 AC. 120.4 AC. 120.4 AC. easements, etc. ~Commercial" "Commercial" "Commercial" Building (gross sq.fL) 653,453 (GFA) 653,453 (GFA) 653,453 (GFA) # Parking spaces # Employees Site locatiohal changes See EXH. "B" See EXH. "A" # External vehicle trips See EXH. "C" D. O. conditions No Change ADA representations No Change .sidential # Dwelling units 1,600 D.U. 2,700 D.U. 1,900 D.U. Type of dwelling units # Lots Acreage, inc. drainage, ROW, 418.9 AC. 521.8 AC. 432.9 AC. easements, etc. Site 1ocational changes See EXH. "B" See EXH. "A" # External vehicle trips See EXH."C" D.O. conditions No Change holesale, Retail, Acreage, including drainage, ROW, 104.8 AC. 120.4 AC. 120.4 AC. trice easements, etc. "Commercial .... Commercial .... Commercial" Floor space (gross sq.ft.) 649,638 S.F. 649,638 S.F. (GLA) 649,638 S.F. (GLA) (GLA) # Parking spaces # Employees Site Iocational changes See EXH. "B" See EXH. "A" # External vehicle trips See EXH. "C~ D. O. conditions See EXH. "D" ADA Representations No Change Page 11 of 12 ~ ~"~Z OF CHANGE PROPOSED ORIGINAL 1998 NOPC L.~,, O USE CATEGORY PLAN PLAN otel/Motei # Rental Units 250 RM. 250 RM. 250 RM. Floor space (gross sq.fL) # Parking places # Employees Site 1ocational changes NO CHANGE See EXH. "A" Acreage, including drainage, ROW, easements, etc. # External vehicle trips See EXH. "C" D.O. conditions See EXH. "D" ADA representations No Change pen Space (all Acreage Golf, Recreation Park, 793.0 AC. 692.5 AC. 724.72 AC. ~turai and vegetated) ROW 72 Holes 54 Holes 72 Holes Site !ocational changes See EXH. "B" See EXH. "A" Type of open space ADA representations 'eservation, Buffer Acreage for lakes, water 367.88 AC. 266.7 AC. 323.38 AC. Special Protection management and preservation Site 1ocational changes See EXH. "B" See EXH. "A" Development of site proposed D. O. conditions No Change ADA representations No Change ers\Valane\wpS\grey oakskmi$¢~OPC ENTIRE FINAL.wlxi Page 12of 12 LEGEND R ,t LAND USE SUMMARY &CLIFTON MI~SIMER AND A$~IATE~, INC EXHIBIT "A" i PUD MASTER PLAN - MAP H-1 PREPARED F--OR: ~E HALSTATT PARTNERSHIP EXHIBIT "B" IWil.sonMi!Mrt.~ R R LEGEND LAND USE SUMMARY & ASSOC. BOLL & P~K. INC. E~HIBIT "B" PUD MASTER PLAN - MAP H-1 PREPARED ~C~R: THE HALSTAT~' PARTNERSHIP EXHIBIT "C" Legend: xxx Added Language xx.x Deleted Language 5/03/90 5/23/90 6/11/90 Revised 5/25/00 REVISED EXHIBIT E · · ' ~ ~' ' ~ DR//GREY OAKS PUD/DR/ DEVELOPMENT ORDER ACCESS CONDITIONS The Grey Oaks DRI shall construct at no cost to Collier County all site_-related improvements providing direct access to the Project as deemed necessary by the Collier County Transportation Division including all project access points on Airport Road, Golden Gate Parkway and Livingston Road and all sitezrelated improvements required within the DR/. The developer's obligation for these improvements shall include the full costs of design and engineering, utility relocation, right-of-way acquisition and dedication (if any), construction of turn lanes, acceleration and deceleration lanes, construction inspection, contract administration, testing and signalization (as needed and warranted). The alignment, design, signalization and construction schedule for these improvements shall be approved by the Collier County. Transportation Division. Access to Golden Gate Parkway, Airport Road and Livingston Road shall be limited to those access points and lane configurations as schematically depicted in the drawing titled Project Access Locations, Golden Gate Parkway Conceptual Roadway Master Plan, Lane Arrangements For Site Access with Interchanges, Sheet 1 of 2 and dated 4/11/89 and revised 5/23/90~ and 6/11/90, and 5/25/00 and included as Revised Exhibit 1. and ~ '~'- -- ' ' --- fully described in Revised Exhibit 2 titled Grey Oaks DR/Project Access Conditions. The modified Project access is presented in Revised Exhibit 1 and Revised Exhibit 2. Changes from the original approved access are summarized below. Revised Access Plan Driveway Original Plan Revised Plan _I Full Access 2 Full Access, (Later Right In/Out) 3 Full Access (T Intersection,) l oflO No Change No Change Full Access (Four Way -3A & 3B, Shifted East) REVISED EXHIBIT E (continued) 3C Not Included Right-In/Out _4 Full Access (T Intersection)Full Access (T Intersection, Shifted East) _5 Full Access (T Intersection)Full Access (T Intersection, Shifted East) 6 Full Access No Change 7 Full Access No Change 8A & 8B Full Access Full Access (Shifted North) 8C Right In/Out No Change 8D Not Included Directional Access 9 Full Access Eliminated tO Right In/Out Eliminated 11 Right In/Out Eliminated 12 Full Access No Change 13 Right In/Out Eliminated It is recognized that ultimate access control is available to local government through exercise of its police powers based on health, safety and welfare considerations. In addition to such ultimate access control, and the access controls identified in Revised Exhibit 2, additional controls could include signal system directional phasing (decreasing side street green) and --- ~' ......' ' ly : ........' .....'-- To,,~-, "' -'- " .......aim Ull[., iuul Traffic signals at the Project access points, as warranted, shall be interconnected and coordinated with the adjacent signalized intersections along Airport Road and Golden Gate Parkway. In an effort to ensure the maximum signal progression possible along Golden Gate Parkway and Airport Road, certain green bands for progression purposes have been identified and evaluated by the Collier County Transportation Division. The signal progression bands identified by Collier County reflect Collier County's operational decision to provide preferential treatment to thru movements. This condition means that east/west Golden Gate Parkway thru movements and north/south Airport Road thru movements will be given preference over the Project's intersecting side street movements. 2of!0 4~5:. REVISED EXHIBIT E (continued) Permanent access to Project maintenance buildings shall be reviewed and approved by the Collier County Transportation Division. Access to the maintenance building in the North Quad shall be via Livingston Road. Full or partial access onto Livingston Road shall be dependent on the driveway location, level of service operations on Livingston Road and cross section of Livingston Road. Provided that proper turn lanes are installed and level of service standards are maintained on Livingston Road, full access shall be provided under a two, four and six lane cross section. It is recognized that ultimate access control is available to local government through exercise of its police powers based on health, safety and welfare considerations. In addition to such ultimate access control, additional controls could include signal system directional phasing, additional turn lanes and median closures and restricted turn lanes. . 3 of!O REVISED EXHIBIT E (continued) Construction access shall be reviewed on a case by case basis by the Collier County Transportation Division. 4oflO (]¥O~J NOISONIAI~ ' '.:27 2."3 Q¥O~ ,,z, ~ < ~,z 8° o o ..... ,. 7 ._e ._e- ._e- EXECUTIVE SUMMARY A RESOLUTION AMENDING RESOLUTION 97-49 TO CORRECT A SCRIVENER'S ERROR IN PARAGRAPH SIX PROVIDING THE LEGAL DESCRIPTION FOR PROPERTY AT 1351 CAXAMBAS COURT IN SECTION 20, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To correct a scrivener's error within Paragraph six of Resolution 97-49 providing for conditional use "1" of the RSF-3 Zoning District by providing the correct legal description. CONSIDERATIONS: The Board of Zoning Appeals on January 14, 1997 approved Resolution 97-49. This action provided for conditional use "1" of the RSF-3 Zoning District to allow for a boathouse. Planning Services Staff discovered this year that the legal description in Paragraph six referenced the incorrect Unit Number that was provided by the applicant. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment. FISCAL IMPACT: It should be noted that this scrivener's error is only to reflect the correct legal description that was approved by the Board of Zoning Appeals. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the conditional use was originally approved. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adot/ted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) couldn't have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. AGENDA ITEM PLANNING SERVICES STAFF RECOMMENDATION: That the Board of Zoning Appeals approves the scrivener's error correction to Resolution Number 97- 49. Since the CCPC's is not required to hear a scrivener's error petition and because there is no opposition, this petition has been placed on the Summary Agenda. PREPARED B~ RA%LLOWS, PRINCIPAL PLANNER CUR~T PLANNING SECTION RONALD F. ~INC~, AICP, MANAGER CURRENT PLANNING SECTION ROBER~ J. I~LHERE, AI~P, DIRECTOR PLANNING SERVICES DEPARTMENT APP~)¥~ED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE DATE Scrivener's Error/EX SUMMARY/RVB/rb AGENDA ITEM JUN 2 ? 2000 RESOLUTION NO. 2000- A RESOLUTION AMENDING PARAGRAPH SIX OF RESOLUTION 97-49, FOR PROPERTY HEREINAFTER DESCRIBED 1N COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE PROPERTY'S LEGAL DESCRIPTION. WHEREAS, on January 14, 1997, the Collier County Board of County Commissioners adopted Resolution 97-49, pertaining to Conditional Use 'T' in the RSF-3 zoning district allowing for a boat house, and WHEREAS, following said action adopting Resolution 97-49, staff was advised that a portion of the site's legal description had been erroneously identified in Paragraph Six, and constitutes a scrivener's error. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida, that the legal description contained in Paragraph Six of Resolution 97-49, is hereby amended, by adding the corrected legal description to read as follows: Lot 20, Block 414, Marco Beach Unit 4-13, as recorded in Plat Book 6, Pages 92- 99, of the Public Records of Collier County, Florida BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIA4OTHY J. CONSTANTINE, CHAIR_MAN Approved as to Form and Legal Sufficiency: Marj orieJIM. Student Assistant County Attorney g/admin/Mise/Scrivener's Error Resolution/RB/md Words struck throuqh are deleted; I JUN words underlined a added. EXECUTIVE SUMMARY PETITION VAC-00-009 TO DISCLAIM, RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY, BEING A PORTION OF LUCERNE ROAD, ACCORDING TO THE PLAT OF "GOLDEN GATE UNIT 4", AS RECORDED IN PLAT BOOK 5, PAGES 107 THROUGH 116, PUBLIC RECORDS OF COLLIER COUNTY. LOCATED IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the platted road right of way for Lucerne Road. CONSIDERATIONS: Petition VAC-00-009 has been received by Planning Services from Dominick J. Amico Jr., P.E., from Agnoli, Barber & Brundage, Inc., as agent for petitioner, Collier County Facilities Management, requesting the vacation of a portion of the platted right of way for Lucerne Road. The petitioner states that the general public would benefit by allowing the best use of the two County owned parcels on both sides of the proposed vacation. The addition of the vacated right of way would increase the total square footage to allow space and access for additional public facilities, such as the proposed play field, playground, skate park, BMX track, parking and water management facilities within an integrated site. The Transportation Services Division has reviewed the petition and has no objection to the site plan or to having this request come before the Board but states traffic circulation concerns as Lucerne Road is a connector between two neighborhood collector roadways. These traffic circulation concerns will be lessened or alleviated with the installation of the proposed traffic signal at the intersection of Golden Gate Parkway and Coronado Parkway. Letters of no objection have been received from all other pertinent agencies. Zoning is C-1 and RSF-3. HSCAL IMPACT: Planing Services has collected a $1,000.00 "Petition to Vacate" fee was provided by interdepartmental transfer from Facilities Management which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC-00-009 for the vacation of a portion of the above- described Lucerne Road, and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Requesting the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY Russ 10Fuller, Senior Engineer DATE REVIEWED BY: Thomas E. Kuck, P.E., Engineering Review Manager Robert J. Mulhere, AICP Planning Services Department Director // / Vincent A. Cautero, AICP, Administrator Community Der. And Environmental Services DATE DATE RESOLUTION NO. - 3 PETITION VAC-00-009 TO DISCLAIM. RENOUNCE ,~ND VACATE THE 4 PUBLIC'S INTEREST IN ROAD RIGHT OF WAY, BEING A PORTION OF 5 LUCERNE ROAD. ACCORDING TO THE PLAT OF "GOLDEN GATE UNIT 4", 6 AS RECORDED IN PLAT BOOK 5. PAGES 107 THROUGH 116. PUBLIC 7 RECORDS OF COLLIER COUNTY. LOCATED IN SECTION 21, TOWNSHIP 49 8 SOUTH. RANGE 26 EAST. 9 10 WHEREAS, pursuant to Sections 336.09 and 336.10. Florida Statutes. Dominick J. Amico, Jr., P.E.. 11 from Agnoli. Barber & Brundage, Inc.. as agent Ibr the penhoner. Collier County. Facilities Management, 12 does hereby request the vacation of portion of the platted right of way for Lucerne Road according to the plat 13 of "Golden Gate Unit 4". as recorded in Plat Book 5, Pages 107 through 116, Public Records of Collier 14 County, Florida: and 15 I~,7-IEREAS. the Board has this day held a public heanng to consider vacating a pornon of said right 16 of way tbr Lucerne Road as more fully described below. and nonce of said public heanng to vacate was 17 given as required by law: and 18 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 19 convenient access of other property owners. 20 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 21 COLLIER COUNTY, FLORIDA, that the following road right of way is h~reby vacated: 22 See Exhibit "A" attached hereto and incorporated herem. 23 BE IT FURTHER RESOLVED. THAT THE Clerk to the Board is hereby directed to advertise the 24 adoption of this Resolution once in a paper of general circulation in the County within 30 days following its 25 adoption. 26 BE IT FURTHER RESOLVED. that the Clerk to the Board is hereby directed to record a cemfied 27 cop.',' oi' this Resolunon ~n the Official Records of Collier County, Florida. and to make proper notation of 28 this vacation on the recorded plat as reierenced above. 29 This Resolunon adopted after motion, second and majority vote favonng same. 30 31 32 33 34 BY: DATED: ATTEST: DWIGHT E. BROCK. Clerk Approved as to tbrm and legal sufficiency: M~,'ni' Scudeli Assistant CourtD' Attorney 35 36 37 38 39 40 41 42 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TIMOTHY J. CONSTANTINE. CHAIRMAN Date Received: Petitioner: Address: City/State: Agent: Address: City/State: Road Name: Attachment "A" PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY COLLIER COUNTY FACILITIES MANAGEMENT Petition #: 3301 TAMIAMI TRAIL EAST Telephone: NAPLES, FL Zip Code: DOMINICK J. AMICO, JR., P.E. 7400 TAHIAM[ TR32L NORTH~ SUITE 200 Telephone: (9~I) ~Ap~. F[, Zip Code: ,~410~ ~UCERNE ROAD (9~I)774-8380 3~112 597-3111 1 Location: Section 21 Township. A9 Range 26 . Plat Book 05 Legal Description: SEE ATTACHED SKETCH AND LEGAL DESCRIPTION Page(s). l 07-1 ] 6 Current Zoning: Reason for Request: TO CO,¥SOLTDATE TWO CQUNTY-OWNED PARCELS AND TO FACILITATE FUTURE .... S~TEPLANNING Does this aHect nensity.. I hereby authorize Agent above to represent me for this petition: [] Yes I--I No Date (Title) / Si~nat~re%f Petitioner Print l~ame Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials ~vhich must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (~) (2) (3) (4) A t~achment "A" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders ..... If applicant is a partnership, limited partnership or other business entity, indicate t~~,'-., principals. I ~a _~_~ ..... List all other owners. .... ii,,L ,ll.~:l: 3 ~ :leeqs ' L~-9~-6~- 66-966 ~ '%.-I '~e!11oo SEE GOLDEN GATE ESTATES UNIT 28 ®., -..© ,®- g®, 9/.' £6 ~ N~00:0I 000~ ~0 '~d~ 'ON BNOH~ Statement of General Public Benefit The vacation of the portion of Lucerne Road proposed in this petition would benefit the general public by allowing the best use of both County-owned parcels. The addition of the property, which is now right-of-way, increases the total square footage to allow space and access for additional public facilities, such as the proposed play field, playground, skate park, BMX track and required parking and water management facilities within an integrated site. 03-219j0 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DEPARTMENT February 25. 2000 Dominick J. Amico. Jr.. P.E. Agnoli. Barber and Brundage, Inc. 7400 Tamiami Trail North. Suite 200 Naples. FL 34108 3301 E. TAMIAMI TRIAL. NAPLES, FL 34112 ~941) 774-8494 FAX: (941) 774-5375 A CERTIFIED BLUE CHIP COMMUNITY Request for Letter of No Objection Vacation of a Portion of the Right-of-way for Lucerne Road Dear Mr. Amico; Thank you for .,,'our letter dated February 22.2000. same subject. Ordinarily. a request for a roadway vacation would not be objectionable to this Department: however. in this case. there are several factors that exist that require us to provide only a conditional Letter of No Objection. The subject roadway segment serves as a connector between neighborhood collectors and vacation of a portion of it would require traffic detours that neighboring residents may find objectionable. Further. the issue of traffic circulation is one which has seen keen interest in recent months and since the county already owns the property on both sides of the requested vacation. we see no public benefit to granting same. We hereby provide for the record "No Objection" to having this request come before the Board of County Commissioners for their review and final decision regarding this issue. If there are an3.' questions or if you seek additional information. please contact me at 774-8494. Very truly ,,'ours. Edward J. ~~ Transpo~ati~rvices Director cc: Edward N. Finn. Interim Public Works Adminis~ator I w/copy of requestl Tom Kuck. P.E.. Enginee~ng Review Manager (w/copy of request) File: Lucerne Road (vacation~ COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION March 3, 2000 Mr. Dominick J. Amico, Jr., P. E. Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Re: Vacation of the Portion of The Right-Of-Way of Luceme Road Dear Mr. Amico: 3301 E. TAMIAMI TRIAL NAPLES, FLORIDA 34112 1941) 732-2575 FAX: (941) 732-2526 This office has reviewed your request to vacate the above-referenced Portion of The Right-Of- Way of Lucerne Road. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions. please feel free to contact me. Sincerely, Diane Deoss Public Works, Engineenng Technician II cc: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development "qtmain',pw-operation\cindy\esmt vacation\lucerne rd-row.doc Prot~rssional engineers, planners. surveyors & mappers February 22, 2000 Mr. John R. Houldsworth Senior Engineer 2800 North Horseshoe Drive Naples, FL 34104 Re; Request for "Letter of No Objection" To The Vacation of a Portion of The Right-Of-Way of Lucerne Road, PN 7891 Dear Mr. Houldsworth: Collier County has purchased a parcel of land on the north side of Lucerne Road across from the Golden Gate Community Center. In order to consolidate the property and to facilitate site planning for future uses, the vacation of the portion of the right-of-way of Lucerne Road from it's intersection with 23rd Court SW to the intersection with Sunshine Boulevard is proposed. A copy of two property appraiser's maps, joined, (Section 21, Township 49, Range 25 and Section 22, Township 49, Range 25), as well as a sketch and description of the right-of-way to be vacated is enclosed. If this vacation would be acceptable to your office, please sign this letter and return it to our office in the enclosed envelope. If further information regarding this proposal is required, please call our office at your earliest convenience. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures 02- I 15jO.ltr I have ,o objection to the proposed vacation. Collier County Engineering Review Services Main Office: 7400 Tamiami Trail N,, Suite 200. Naples. Florida 34108 Lee CounD-: 1025 Hendry 3t., Suite 101, Fort Myers, Florida 33901 Z. _c~O~ ~i ~ ....6, ~ .... ,941 '1 $97-3111 ,941) 334-1173 IIIII1[-~. .... IIIIIPJ,.~~ ~ IIIIIIb1'~ IIIIII ,'ot;zssional engineers. planners, surveyors & mappers February 22, 2000 Mr. John H. Boldt, PSM, PE Collier County Stormwater Management 3301 Tamiami Trail East Naples, FL 34112 Re: Request for "Letter of No Objection" To The Vacation of a Portion of The Righi-Of-Way of Lucerne Road, PN 7891 Dear Mr. Boldt: Collier County has purchased a parcel of land on the north side of Lucerne Road across from the Golden Gate Community Center. In order to consolidate the property and to facilitate site planning for future uses, the vacation of the portion of the right-of-way of Lucerne Road from it's intersection with 23rd Court SW to the intersection with Sunshine Boulevard is proposed. A copy of two property appraiser's maps, joined, (Section 21, Township 49, Range 25 and Section 22, Township 49, Range 25), as well as a sketch and description of the right-of-way to be vacated is enclosed. If this vacation would be acceptable to your office, please sign this letter and rerum it to our office in the enclosed envelope. If further information regarding this proposal is required, please call our office at your earliest convenience. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures 02-115j0.1tr I have no objection to the proposed vacation. Collier Oo'unty Stormwater Management Department Z- Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Flor/da 34108 Lee Count3.': 1025 Hendry St., Suite 101, Fort Myers, Florida 33901 941 ~ 597-31 ] 1 F:LX: i941 ) 56~-2203 ...... r941) 334-1173 FAX: (941) 334-h~d'5~3 millirA IIIIl~.l nnnn Z- GNOLI lllllb'[~i ilIIIIK .... IIIIIIkl~J IIIIIII1-~ mnnnnm J_JRL DAGE. xc. Pr~)t~:ssio~a! c~l!4ii2ccrM ?ianncrs. surveyors & mappers February 22, 2000 Mr. William Rutt Media One 301 Tower Road Naples, FL 34113 Re: Request for "Letter of No Objection" To The Vacation of a Portion of The Right-Of-Way of Lucerne Road, PN 7891 Dear Mr. Rutt: Collier County has purchased a parcel of land on the north side of Lucerne Road across from the Golden Gate Community Center. In order to consolidate the property and to facilitate site planning for future uses, the vacation of the portion of the right-of-way of Lucerne Road from it's intersection with 23rd Court SW to the intersection with Sunshine Boulevard is proposed. A copy of two property appraiser's maps, joined, (Section 21, Township 49, Range 25 and Section 22, Township 49, Range 25), as well as a sketch and description of the right-of-way to be vacated is enclosed. If this vacation would be acceptable to your office, please sign this letter and return it to our office in the enclosed envelope. If further information regarding this proposal is required, please call our office at your earliest convenience. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures 02-[ 15j0.1tr I have no objection to the proposed vacation. Media One Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 Lee County: 1625 Hendry St., Suite 101, Fort Myers, Honda 33901 .941)597-3111 F.~X: ~ 941, ~66-2Ye~13 r941}334-1173 F,%X:~941/3J4-117g Collier County Sheriff's Office 3301 Tamiami Trail East Buitding "J" Naples, FL 34112 Telephone (AC 941) 774-4434 March 15.2000 Mr. Dominick J. Amico. Jr., P.E. Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail. North, Suite 200 Naples. Florida 34108 Letter of No Objection: Vacation of Right-of-Way in Section 21, Township 49, Range 25 and Section 22, Township 49, Range 25. Dear Mr..~nico: Staff has reviewed your request for a letter of "No Objection" for the above described project. The vacation is as described in your letter of February 22, 2000, listed above, involving the vacation of a fight-of-way on Lucerne Road and its intersection with 23rd Court S.W. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol. and traffic enforcement. So long as the vacatiom either now or in the future; does not impinge on our ability to deliver these services. the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the Agency can be of any further service, please advise. DH:GY:mc CC: File FROM : ~GNOLI BRRBER BRUNDRGE PHONE NO. : RPR. 8S 2888 84:2~P~1 P2 IllinIll'& IBIII~,.& - mmmm .k'-XGNOLI Imnmllkl~b IIIIlll.~ IIIiIP..,l~~ ~ mmmmmmm!- , Pm~x~qonal engineera, planners, surveyore & mappcr~ March 30, 2000 Chief Donald R. Peterson Golden Gate Fire Department 4741 Golden Gate Parkway Naples, FL 34116 Request for "Letter of No Objection" To The Vacation of a Portion of The Right-Of-Way oI'Luceme Road, PN 7891 Dear Chief Peterson: Collier County has purchased a parcel of land on the north side of Lucerne Road across from the Golden Gate Community Center. In order to consol/date the property and to facilitate site planning for future uses, the vacation of the portion of the right-of-way of Lucerne Road from it's totersection with 23~d Court SW to the intersection with Sunskine Boulevard is proposed. A copy of two property appraiser's maps, joined, (Section 2 I, Township 49, Range 25 and Section 22, Township 49, Range 25), as well as a sketch and description of the fight-of-way to be vacated is enclosed. Iftkis vacation would be acceptable to your office, please sign this letter and rerum it to our office in the enclosed envelope. if further information regarding this proposal is required, please call our office at your earliest convenience. Sincerely, Dom/nick J. Amico, Jr., P.E. DJA/jam Enclosures 02- [ L 5j0.hr I have no objection to the prop_.gse~vacation. Chief Donald R. Peterson Golden Gate Fire Department Malr~ Oi:Fu:~: 7400 Tarniami Trait N., Suite 200, Naplc~, Florida ~4108 Lee County: 1025 Hendry St., Suit~ 10l, Fort Myer,, Florida 33901 (941) 597-3I I (941) 32,4-1173 FA)[: (041 ) ~6.2203 FAX: (9415 3. IlBllr~ 111Bmm~.i lllllkl'~i II!1111~ I~l~111k'11~ 1111 J 11P-I RLrNDAGE, February 22, 2000 Chief Diane Flagg Collier County EMS 3301 Tamiami Trail East Building H, Third Floor Naples, FL 34112 Re: Request for "Letter of No Objection" To The Vacation of a Portion of The Right-Of-Way of Lucerne Road, PN 7891 Dear Chief Flagg: Collier County has purchased a parcel of land on the north side of Lucerne Road across from the Golden Gate Community Center. In order to consolidate the property and to facilitate site planning for future uses, the vacation of the portion of the fight-of-way of Lucerne Road from it's intersection with 23ra Court SW to the intersection with Sunshine Boulevard is proposed. A copy of two property appraiser's maps, joined, (Section 21, Township 49, Range 25 and Section 22, Township 49, Range 25), as well as a sketch and description of the right-of-way to be vacated is enclosed. If this vacation would be acceptable to your offme, please sign this letter and return it to our office in the enclosed envelope. If further information regarding this proposal is required, please call our office at your earliest convenience. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures 02-115j0.1tr Collier Coun~mergency Management Services Main Office: 7400 Tamiami Trail N.. Stfite 200, Naples, Florida 34108 Lee County.: 1625 Hendry St., Suite 101, Fort Myers, Florida 33901 [)F<){'~'-,'.]<>II.]{ CIl~illCCI'S. ?iJllllCFS, ':,UFVC'~()I'q ~ Illa[3pC]'s February 22, 2000 Mr. Ron Nino Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 Re2 Request for "Letter of No Objection" To The Vacation of a Portion of The Right-Of-Way of Lucerne Road, PN 7891 Dear Mr. Nino: Collier County has purchased a parcel of land on the north side of Lucerne Road across from the Golden Gate Community Center. In order to consolidate the property and to facilitate site planning for future uses, the vacation of the portion of the fight-of-way of Lucerne Road from it's intersection with 23rd Court SW to the intersection with Sunshine Boulevard is proposed. A copy of two property appraiser's maps, joined, (Section 21, Township 49, Range 25 and Section 22, Township 49, Range 25), as well as a sketch and description of the right-of-way to be vacated is enclosed. If this vacation would be acceptable to your office, please sign this letter and return it to our office in the enclosed envelope. If further information regarding this proposal is required, please call our office at your earliest convenience. Sincerely, Dominick J. Amico, Jr., P.E. DJA/jam Enclosures ~2~l 5j0.1tr ~i ive no{o, ction to the proposed vacation. <4oilier Co~an~ t~14~i'ning Services Main Office: 7400 T3miami Trail N. Suite 200. Naples, Florida 34108 Lee County.: 1025 Hendry St., Suite 101, F~rt Myers, Florida 33901 o41,5~7-3111 941>334-1173 Prott'ssirm~] engineers. ~q~nncrs, surveyors & mappers February 22, 2000 Church of Latter Day Saints 50 E North Temple Salt Lake City, UT 84150-0002 Re: Request for "Letter of No Objection" To The Vacation of a Portion of The Right-Of-Way of Lucerne Road, PN 7891 Dear Sir or Madam: Collier County has purchased a parcel of land on the north side of Lucerne Road across from the Golden Gate Community Center in Collier County, Florida. In order to consolidate the property and to facilitate site planning for future uses, the vacation of the portion of the right-of-way of Lucerne Road from it's intersection with 23rd Court SW to the intersection with Sunshine Boulevard is proposed. A copy of two property appraiser's maps, joined, (Section 21, Township 49, Range 25 and Section 22, Township 49, Range 25), as well as a sketch and description of the right-of-way to be vacated is enclosed. If this vacation would be acceptable to you as an adjacent property owner, please sign this letter and return it to our office in the enclosed envelope. If further information regarding this proposal is required, please call our office at your earliest convenience. Dominick J. Amico, Jr., P.E. DJA/jam Enclosures 02-115jOAtr Property Owner- T/-act 119 / Golden Gate Estates Unit 4 Main Office: 7400 Tamiami Trail N., Suite 200. Naples, Florida 34108 ,941 , 507-311 l LeeCounp.': !625 Hcndrvqr.,St/itc iOl./:<~rt,\lvcrs, Flonda33901 ~941~334-1173 FAX: ~941; $00-2203 F,&Y. ~941 ) 334-1175 FROM : Panasonic FAX SYSTEM PHONE NO. : 9415662203 Apr. 18 2000 05:49PM P2 Sprint April 14, 2000 Mr. Dominick J. Amico, Jr. Ag-noli Barber and Brundage, Inc. 7400 Tamiami Trail N. - Suite 200 Naples, Florida 3g 108 Re: Vacation of Portion of Right-of-Way- Lucerne Road, PN 7891 Sec 21/22 Twp 49S Rge 25E E~ar Mr. Amico: In response to your inquiry of Lucerne Road, regarding the possibility of vaemting a portion of the right-of-way from it's intersection with 23~ Court SW to the intersection with Sunshine Boulevard, this is to advise that Sprint-Florida, Inc. ~qtl consider vacating Mid right-of-way contingent upon the following conditions: 1. Re-dedication of suitable replacern~nt easements by the property owner, at the direction of our Engineering Department, prior to the abandonment of the existing easement. 2. Receipt of a written agreement from the property owner to reimburse Sprint-Florida, Inc. for all costs incurred for rerouting the existing cable plant, if required, and burial of new plant within the replacement easement. After the property owner satisfies the above conditions, Sprint-Florida, inc. will commence preparation of a work order. if required, for relocation of the existing telephone facilities. Actual reiocation of the existing plant, if required, will occur approximately ninety days from the receipt of the written concurrence from the property owner. If I can provide additional information, please contact me at (941) 263-6318. Kenneth R. Jordan Network Engineer I - E&C If~R3:ns Adjacent Property Owners within 250' Golden Gate Unit 4, Block 117 Lot 11 - 4914 23rd Ct. SW Cayetano F., Jr. and Ermelinda Valle 4914 23rd Ct. SW Naples, FL 34116-6910 Lot 12 - 4900 23rd Ct. SW Diane Mae Tannehill. 2006 Van Street Tupelo, MS 38801-1034 Lot 13 - 2391 Lucerne Road Shirley S. Smith 2391 Lucerne Road Naples, FL 34116-6968 Golden Gate Unit 4, Block 119 - 4935 23~ Ct. SW Church of Latter Day Saints 50 E North Temple Salt Lake City, UT 84150-0002 Golden Gate Unit 2, Block 16 -4555 Golden Gate Parkway TE 3 Asset Corp. 201 E Kennedy Blvd., #700 Tampa, FL 33602-5825 C/O Deloitte & Touche LL